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The Supreme Court adopts Guidelines on Gender-Fair Language in the Judiciary and Gender-Fair Courtroom Etiquette
On 15 February 2022, the Supreme Court En Banc adopted and approved, through a Resolution, A.M. No. 21-11-25-SC or the Guidelines for the Use of Gender-Fair Language in the Judiciary and Gender Fair Courtroom Etiquette (the “Guidelines”). In recognition of how language articulates consciousness, reflects culture, and affects socialization, the Guidelines listed common practices that need to be eliminated and adopted in the judiciary and in the courtrooms.
The language to be eliminated and gender-fair language to be adopted in the judiciary is summarized as follows:
Language to be eliminated | Language to be adopted |
Language, written and spoken, that excludes or renders invisible persons of another gender and/or people with diverse sexual orientation, gender identity and expression, and sex characteristics (“SOGIESC”) | 1. The use of gender-neutral mass nouns |
Language that trivializes or diminishes the stature of persons of another gender and/or people with diverse SOGIESC | 1. The use of gender-neutral terms and avoid using feminine suffixes such as -ess, -ette, -trix, or -enne |
Language which disparages and marginalizes persons of another gender and/or persons of diverse SOGIESC | 1. The use of non-oppressive, modern terms |
Language that fosters unequal gender relations | The adoption of parallelism in word choices |
Sexist language in quoted material | 1. Start paraphrasing the quote using non-sexist language |
The Guidelines issued also expressed that the following etiquette be observed in the courtroom:
- Lawyers should be addressed as “counsel” or “attorney”. Court participants should refrain from referring to female lawyers as “lady” or “female” counsel or male lawyers as “gentleman” or “male” counsel. Moreover, Public Prosecutors and Public Attorneys must be referred to by name (i.e. Prosecutor Paz, Public Attorney Ramos).
- Non-lawyer litigants, witnesses, and other court users should be addressed as “Mister”, “Mrs.” or “Ms.”, “Sir” or “Ma’am” as appropriate.
- When addressing minors, people should refrain from using words like “little boy”, “little girl”, “hijo/ijo”, “hija/ija”. Instead, their first names or nicknames, if known, should be used to put them at ease and to avoid the diminutive references.
- Refrain from any act or proceeding that will demean, embarrass, humiliate, or degrade any party by reason of gender.
- Refrain from perpetuating gender stereotypes. Comments, jokes, and remarks with sexual content, or jokes and remarks that insinuate gender stereotypes, should not be tolerated in the courtroom setting.
- Comments on or insinuations related to physical appearance that may draw unwarranted attention to one’s gender should be avoided.
- Justices, judges, court personnel and litigants are all responsible in observing gender-fair language and etiquette in the courts. Gender insensitive acts or omissions committed in one’s presence should be courteously but discreetly corrected in the most respectful manner.
The full text of the Guidelines may be viewed and accessed here.