UNIVERSITY OF CEBU- BANILAD CAMPUS

Banilad, Cebu City, Cebu

COLLEGE OF LAW

________________________

ELECTION LAW
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Iron Jawed Angels of the 21st Century

Where Art Thou?

_________________________________
(Reaction Paper on the Film: Iron Jawed Angels)

MARK JEEG C. JAMIN

JD-2, M4

ATTY. JUDIEL PAREJA

PROFESSIOR

February 18, 2016

I.

Abstract

The Right of Suffrage is a right that is and should be available to all individuals regardless of any
distinction of any kind. It is a right conferred by statute to any citizen who possesses the qualifications of a
registered voter- the right to vote is subject only to such limitation and never to any exception. The
equality of laws principle secures that distinction without substantial classification and due process is an
abhorrent act not to be tolerated in a world of equals.
The right of suffrage has undergone a historical struggle being only available at first to propertied men
and never to women. The proliferation of intellectual women in the philosophical and academic field, have
awaken the sleeping desires of women to assert the rights they truly deserve. Suffragist took several
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means in order to enfranchise women with the right to vote and be voted upon. The victory of the 20
century women has greatly benefited not only women but all gender classifications and definitely changed
the paradigm of society.
Now, although women are considered closely at par with men in every right and matter of concern,
still they are considered a minority. Issues and concerns regarding women still lurk in the very society that
is supposed to protect them. Gender equality is still an issue that needs to be addressed. This is the
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challenge posed to every 21 century women and gender advocates, to uphold the rights that our
ancestors especially the women fighters have died for. But in a generation that is more concerned of
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personal needs and assurance, is there still that 20 century woman within us?

II.

Synopsis

Iron Jawed Angels dramatizes the final years of the American woman suffrage movement, from 1912
to the winning of the vote in 1920. The movie began with Alice Paul and Lucy Burns, both women
suffrage activists meeting the leaders of the National American Woman Suffrage Association (NAWSA).
Alice and Lucy express their idea of fighting for constitutional amendment enfranchising women and
argued that the activists should seek for more creative means to gain public attention to the cause of
women suffrage.
However, their suggestion was unheeded on the simple fact that the leaders of NAWSA are afraid
of the possibility that the young activists will employ militant means. They argued such methods will be
counterproductive to the fight for woman suffrage. Nonetheless, Alice was determined that the creative
mean would actually change the view of society to women. Eventually, after being able to recruit
volunteers and raised fund for such event, they were able to materialize the parade and marched
Pennsylvania Avenue. But, unfortunately, the parade turns into a riot when some men attack the women
suffrage activists.
After getting pretty much of the attention of the people due to the front page publicity of the
parade, the suffragist now seek to meet President Woodrow Wilson who only turned down such meeting,
arguing that other issues take precedence over women suffrage. The activists begin lobbying the
members of the Congress to get to their cause but the Congress also does not support them. Now that,
both Congress and the Head of State do not see the importance of women suffrage, the Suffragist formed
a committee that would seek amendment of the Constitution, aspired to boycott President Wilson in the
next election considering his reluctance to support the cause of women. NAWSA did not approve of this
action considering that for them peaceful method is the way to get in a vote for women.
With the relationship of NAWSA and Alice Paul and the other Suffragists turning sour, Alice Paul
and Lucy Burns formed and organized National Womens Party (NWP) that opposes any politician who
refuse to support the proposed Constitutional amendment. In order to achieve the goal of enfranchising
women, NWP employed various methods including but not limited to militant means such as picketing,
and standing at the fence of the White House demanding for constitutional amendment.
Despite all that, the attention of the public has not shifted still, and it even worsened when they
still continued picketing despite the war happening between US and Germany. Being a nuisance to the
public, the activists were arrested for petty offenses such as obstruction of traffic. While being detained in
a womens prison, the activists, led by Alice Paul, went on a hunger strike, and because of that they were
forced fed by prison officers. The news about forced feeding leaks out to the public when Senator
Leighton, whose wife is also arrested, makes a public speech informing the suffering of the victims. As a
result, the activists gain public sympathy. The NAWSA used the massive publication and attention of the
press to threaten the President that such news be published internationally if not heeded. Because of
such situation, President Wilson made a public statement to Congress of the importance enfranchising
women. The joint efforts of NAWSA and NWP produced a bitter-sweet victory to all the women of USA
and eventually of the world.

III.

Discussion
We cannot all succeed when half of us are held back.
-

Malala Yousafzai

Women and the Right of Suffrage

The very first article of the Universal Declaration of Human Rights states that All human beings are
1
born free and equal in dignity and rights It emphasizes that as human beings, the moment that we are
born into this world, we immediately exercise the fundamental human rights endowed upon us by reason
of our existence. We enjoy all the freedoms that there may be, subject of course to some limitations,
because our existence is not a privilege but a right to be cherished. Further, the preceding article of the
UDHR stresses the essence of the inherent equality of humanity which provides that no distinction of any
kind as to race, gender/ sex, color, language, religion, nationality, ethnicity, political or other opinion,
property, birth or other status shall be made to qualify the absoluteness of the inherent right of human
2
being. We have human rights, simply because we are HUMAN.
Being endowed with the fundamental human rights, we exercise the freedom to practice those certain
rights and that includes the Right to Suffrage. The right to suffrage is expressly enshrined in two
international conventions that safeguard and guarantees the right to manifest sovereignty thru political
participation- the Universal Declaration of Human Rights and the International Covenant on Civil and
Political Rights. Article 21 of the UDHR specifically highlights the applicability of the right to all as it says:
(1) Everyone has the right to take part in the government of his country, directly or through freely
chosen representatives;
(2) Everyone has the right of equal access to public service in his country; and
(3) The will of the people shall be the basis of the authority of government; this will shall be expressed
in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by
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secret vote or by equivalent free voting procedures.
Similarly, the ICCPR, which has congruently aligned its pronouncements with the right specified in
the UDHR, dictates that:
"Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in
Article 2 without unreasonable restrictions;
a. To take part in the conduct of public affairs, directly or through freely choose representatives;
b. To vote and to be elected at genuine periodic elections which shall be by universal and equal
suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;
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c. To have access, on general terms of equality, to public service in his country."
The provisions of both conventions are clear and apparent that everyone is entitled to the right of
suffrage, that no one is disfavored on account of their difference in exercising the right to vote and be
voted upon. Thus a distinction made to disenfranchise a certain minority group to political participation is
clearly derogatory and a patent violation of these international conventions.
Domestically, the right of suffrage as enshrined in the 1987 Philippine Constitution never had any
mention of any distinction as to who shall exercise it. The Constitution never considered any exception as
to race, sex, nationality, ethnicity, religion etc., in enfranchising individuals with the right to vote and be
voted upon. Article (5) of the Philippine Constitution provides that, surage may be exercised by all
citizens of the Philippines not otherwise disqualied by law, who are at least eighteen years of age, and
who shall have resided in the Philippines for at least one year and in the place wherein they propose to
vote for at least six months immediately preceding the election. No literacy, property, or other substantive
5
requirement shall be imposed on the exercise of suffrage. As worded, there is no exception to the right
to vote: men, women, gays, lesbians, blacks, whites, Christians, Muslims, rich, poor and even noneducated people, all have the capacity to pen down whoever they want to rule and be served by such
government they choose. The qualifications laid down by the Constitution are not an exception to the right
to vote, but are just limitations prescribed by law so as to make the right viable.
Nonetheless, the right has not been absolute. It has to bow down to some laws and practices that
the State has and may implement. While the 1987 Constitution only limits those citizens that are of
reasonable age and discretion and has residency qualification to acquire the right to political participation,
1

Article 1 of the UDHR, http://www.un.org/en/universal-declaration-human-rights

Article 2, UDHR, http://www.un.org/en/universal-declaration-human-rights
Article 21 of the UDHR, http://www.un.org/en/universal-declaration-human-rights
4
Article 25, ICCPR, https://treaties.un.org/doc/Publication/UNTS/Volume%20999/volume-999-I-14668-English.pdf
5
Sec.1, Art.5 of the 1987 Philippine Constitution.
2
3

previous Philippine Constitutions, most notably the 1935 Constitution, only allow male citizens to be
entitled to freely manifest the right to essential political participation. The women were only to be
accorded with the privilege upon a plebiscite conducted for the purpose.
Section 1, Article 5, 1935 Philippine Constitution. Suffrage may be exercised by male citizens of
the Philippines not otherwise disqualified by law, who are twenty-one years of age or over and are able to
read and write, and who shall have resided in the Philippines for one year and in the municipality wherein
they propose to vote for at least six months preceding the election. The National Assembly shall extend the
right of suffrage to women, if in a plebiscite which shall be held for that purpose within two years after the
adoption of this Constitution, not less than three hundred thousand women possessing the necessary
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qualifications shall vote affirmatively on the question.

Fortunately, the Philippines has directed its way in the trend towards democratization, this paved
way for the realization and acknowledgment of certain rights that were once considered as privileges.
However, some countries have not found their way in yet. Certain countries that live and practice
monarchial system of governance still lag behind the concept of democracy and places women
representation and womens rights at a standstill. The Kingdom of Saudi Arabia, Brunei, and United Arab
Emirates are just few of the countries that restricts the application of the right of suffrage to a few. In fact,
not only women are not allowed to vote in these states (particularly UAE and Brunei), even men who are
7
not considered qualified to vote are not afforded with such right.
Unfortunately, the Right of Suffrage is not one of those non-derogable right. As aforementioned,
the essential right to political emancipation bows down to limitations that are reasonable, necessary,
proportionate, and demonstrably justifiable and to certain extent as could be manifested by a law of a
State. As pronounced by the Highest Philippine Tribunal in Pungutan vs. Abubakar "Suffrage as conferred
by the constitutional provision is not a natural right of the citizens, but a political right intended to enable
them to participate in the process of government to assure it derives its powers from the consent of the
8
governed.
While admittedly the right of Suffrage may be subject to limitations, the free exercise of such right
by qualified individuals is not to bow down to exceptions on account of distinction and differences of
humanity. The rudimentary raison d'tre, is the equal protection clause both espoused by domestic and
international laws.
Article 7 of the Universal Declaration of Human Rights provides that all are equal before the law
and are entitled without any discrimination to equal protection of the law. All are entitled to equal
protection against any discrimination in violation of this Declaration and against any incitement to such
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discrimination. In the same vein, Article 26 of the International Covenant on Civil and Political Rights
provides that: all persons are equal before the law and are entitled without any discrimination to the equal
protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons
equal and effective protection against discrimination on any ground such as race, color, sex, language,
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religion, political or other opinion, national or social origin, property, birth or other status.
The international laws prohibiting discrimination of any form has been absolute and free from
ambiguity and it only boils to one thing, and that is -We are equal. The law is to be applicable without any
distinction as to race, color, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status. On the Philippine context, the right to equally exercise human rights and
the abhorrence of discrimination and the right be protected therefrom is explicitly provided in the Supreme
Law of the land which succinctly provides that, no person shall be deprived of life, liberty, or property
11
without due process of law, nor shall any person be denied the equal protection of the laws.
In essence, with our inherent equality, women are not to be distinguished from men on any right
that may be exercised by the former. The cloak of equal protection applies to every human being
whatever and whoever they may be. The onset of democratization has ensured that women are able to
fight at par with men on any issue that may involve acquisition of rights and preservation thereof.

Section 1, Article 5, of the 1935 Philippine Constitution,

The Week, Eleven Things women in Saudi Arabia cannot do, www.theweek.co.uk/60339/eleven-things-women-in-saudi-arabiacant-do, February 4, 2016
8
(Pungutan vs. Abubakar, L-33541, 20 June 1972)
9
Article 7 of the UDHR, http://www.un.org/en/universal-declaration-human-rights
10
Article 26 of the ICCPR http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
11
Sec.1, Art. 3 of the 1987 Constitution
7

Women of the Past and the Present: their Struggles and Advocacies
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We have seen how vociferous 19 and 20 century women have become in order to advance a
right that they truly deserve. Women have worked 25 longer hours in order to push for an advocacy
considered taboo and improper in the past. Their struggles are until now considered as one of the
greatest fight the world has ever witnessed, and up unto this generation, their efforts are not put to waste,
their sweet victory is always a taste of liberation.
The struggle to achieve equal rights for women is often thought to have begun, in the Englishspeaking world, with Mary Wollstonecraft emphasizing on the rights of women as codified in her book A
Vindication of the Rights of Woman (1792). It was Wollstonecrafts active persistence to the nuances and
the norms introduced by society as conduct for women that gave her the strength to defy a government of
men and introduce a strong and powerful manifesto that bunks on womens rights and human equality.
According to Wollstonecraft, there is no reason why women should be afraid to stand up for a right they
deserve. She says from the get-go that humanity's greatest gift is its ability to reason. And since men and
women are born with the same ability to reason, women should enjoy just as much education, power, and
influence in society as men do. The only reason women don't seem as smart as men, she says, is
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because they aren't given the same education. With womens wisdom being furnished and concepts of
freedom getting in from the vindication set forth by women philosophers- they started questioning the
authorities of men and asked for some piecemeal rights that they think would best advance equality.
The story of womens emancipation began as democracy started to foreshadow a government of
one, when concepts of freedom entice both men and women to struggle for liberation. As monarchy
started to decline, men were gradually extended with the right to political participation. The right to vote
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and be voted upon only seems to be a privilege that only propertied men can acquire, but as 19 century
comes to a close, women became increasingly active in the quest for their own suffrage. It was not until
1893, that the self-governing British colony of New Zealand granted a national-level voting rights to
women. Australia acted thereafter and even gave full suffrage to British women excluding regrettably the
indigenous people who were only granted such right in 1949. The colonial State- Great Britain followed
soon after but only gave women with limited rights. Political emancipation to women took a domino effect
hereinafter, with suffragists of United Stated taking the streets in order to get the focus of the government.
13
Until then, women were given, although limited to start, the substantial right of political participation.
Full credit could not be attributed to only a single woman, the struggle towards full emancipation
to substantial political participation is a work of unity and cooperation. In the United States, the right to
suffrage was the apex of the movement by the National Womens Party during the 1910s. As depicted in
the film, it was not until the women suffered injustices that their efforts were recognized. It was only when
women were capriciously subjected to cruel treatment that their intentions opened the eyes of the society
and eradicated the marred paradigm of the men.
The struggle towards liberation indeed had gone a limbo. The government of men first thought
that inclusion of women in political field would drastically change the structure of society and the status
quo. But women upon realizing her worth did not just sit down and wait for a government of men to
recognize her need for political participation. In the case of the National Womens Party, at first, they were
denied congressional assistance in advancing their cause- this led them to bring it upfront the White
House calling the President to make good of his statements about freedom and mankind. But, their call
seemed unheeded at first, taking their active stance as a criminal act subjecting them to petty offenses,
which, as the turn of events would suggest, made them political prisoners. Their call was so simple, and
in the light of the spoken statement of Alice Paul, it says,
"Were legitimate citizens. Were taxed without representation. Were not allowed to serve on juries
so were not tried by our peers. Its unconscionable, not to mention unconstitutional. We dont make
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the laws but we have to obey them like children."
What women called for that time was just to release them from being mere chattels. What they took up on
streets is to at least give them a right to vote. What they actually needed was to give them at the very
least a half-baked equality.
"You ask me to explain myself. Im just wondering, what needs to be explained? It should be very
clear. Look into your own heartI swear to you, mine is no different. You want a place in trade and
profession where you can earn your bread; so do I. You want the means of self-expression; so do I.

12

A vindication of the Rights of Women, Mary Wollstonecraft, London, 1972

History Channel, The Fight for Human Suffrage, http://www.history.com/topics/womens-history/the-fight-for-womens-suffrage
14
Iron Jawed-Angels, Katja von Garnier, 2004
13

You want to satisfy your own personal ambitions; so do I. You want a voice in the government in
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which you live; so do I. So what is there to explain?"
Thankfully, with media intervention and public knowledge, a bitter-sweet victory was attained by the
American women. The roller-coaster ride ended with a wide smile upon the passengers. However,
curtains did not close with women getting their right to vote. Subsequently, women fought for their right to
be voted upon as a consequence of the right to vote. Also, certain issues regarding women is still not a
case closed. Violence against women and children, poverty, proliferation of gender based diseases,
discrimination, LGBTQ (Lesbian, Gay, Bisexual, Transexual, Queer) issues, objectification of women,
preference at work and employment, and the most notable Rape cases against women are still matters
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that need immediate concern and action. All of these are concerns that 21 century women are currently
facing.
Presently, women are still considered a minority, a vulnerable group that needs to be protected.
Although, a substantial number of women has gotten themselves in high regard by society, still gender
equality has not achieved a full circle, a lot of curves had been made which gave women, and even the
other gender a difficult way to shift the faulty reasons of a prejudicial world. The existence of Genderbased groups is not enough to say that there is indeed equality. There is an ample need to educate the
society of modernity and human rights. One of the best example that undeniably corroborate this
statement is the issue that caught attention of the Filipinos which eventually created dividing stance
between us- the bigoted statement of Senatorial candidate and boxing champion, Manny Pacquiao.
Pacquiao's anti-gay marriage statements sparked fury and instantly enraged the online LGBT community
and its advocates, who accused the pound-for-pound king of homophobia, the irrational fear of any
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member of the LGBT sector.
It is actually bothering how some people look at the issue of LGBTQ with very small regard, and
place their existence at the level of animals. The LGBTQ is not rare type of specie that one could be
attributed elsewhere; they are human beings with rational capacities and human rights, yet some people
tend to equate them lower to any man and women. The existence of homophobes is a manifestation that
there is still a lot to change in our society- that there is yet a population that needs to be educated of
rudimentary human rights. This is an issue that should be resolved in connection with womens concernsbecause as far as their advocacies are involved- they both work to achieve a gender equal society. This
is a challenge that is to be worked hand in hand not only by all women but all of those who believe that
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gender equality has not attained a full circle. But, the greatest question is, where are the 21 century
women who ought to fight for gender equality? Where can we locate the passion of change in this
generation?
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21 century has really changed not only the way women feel, but also the way they think.
Modernity has constantly placed convenience and efficiency at the apex of societal development, but on
the other hand, also destabilized the ideological structures of society. A lot of women tend to be more
narcissistic and care less of societal issues that drastically bombarded human existence. What actually
concerns a lot of woman today is how people would see and judge them based on how they present
themselves. The level of active involvement to political and social issues has declined to a great extent.
Feminism- to a modern woman- has changed face, and this something that a 20th century woman would
not understand and cry upon.

IV.

Conclusion

The road to political emancipation of women has surely been coarse and formidably arduous, but
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despite the difficulties encountered by the Women of 20 century, the destination left them in a light-heart.
The ecstatic feeling of sweet victory could have been the best relief any minority could ever feel. Alice
Paul and Lucy Burns are epitome of strength and determination, that nothing is impossible if you believe
in what is righteous. The right of suffrage is now enjoyed by everyone, regardless of any distinction of any
kind, and gratitude should be addressed to the women who fought for such equality. Now, the State is
very careful in whatever action it makes, because in its every mistake, human right is at stake.
Our fundamental human rights should be upheld and be safeguarded by the very State that we
are in. If the State cannot fulfill its obligation, then it is just and right that we march in unison in asserting
for the rights that we deserve. We are entitled to whatever freedom there is as long as we exercise in a
way that is inkeeping with a reasonable, necessary, proportionate, and demonstrably justifiable law and
limitation. All of these rights we now enjoy are a consequence of a long suffered struggle by our
ancestors, and one way of giving back, is to uphold and protect such rights. As our national hero puts it,
15

Ibid.
Voltair Tupaz, Pacquiao and being a Homophobe. http://www.rappler.com/move-ph/5467-gays-slam-homophobic-pacquiao
February 17, 2016
16

we are the future of our motherland, thus we need to work in order to secure that the struggles that our
ancestors and our great heroes have died for will not be put in waste. But, based on national and
international reports, human rights violations are still persistent and even increased double or triple than
experienced before. If this is the result of our efforts of protecting our right, then we are not doing it right.
The continued human rights violations and the issues that affect women is a constant reminder to
our generation that there is still a work to do, that proliferation of Equality is still an issue that needs to be
addressed. But, where is that generation that is ought to protect and preserve the structure of equality
that we are currently enjoying?
They say, our generation was meant to be the first post ideological generation -the generation
that never thought of anything bigger than our Facebook profiles, our Instagram posts, or even our daily
social network subscriptions. We are quoted to be the first post ideological generation that deviates from
the ordinary ways of acting and serving the people, the generation who speaks more, but act less.
This might radically be an under-estimation of what our generation is capable of doing and
becoming. We could all argue that it is a hasty generalization thrown on to us, but are we not? Can we
say really that this modern generation is not a generation of the Apathy? To simply put, how much of our
population has ever cared of the war in Syria and the growing migrantes other than sharing in their plight
and helplessness in Social Networking Sites? How much of our population has really thought of the
forced child labor in Bangladesh, in Bhutan, and even in the Philippines? How much of our population has
taken action to end the environmental degradation and save and protect the wildlife? How many of us
shared with the struggles of the LGBT, the women, the indigenous groups, the children and all of the
minorities that we have now?
Think again, are we really not?
The struggles of the Iron Jawed Angels in enfranchising women with the right to suffrage has
taught us all that the fight to social equality is not to be viewed in a passive, unreceptive action. There has
to be strong resistance to forces that pulls the weak which holds them in abeyance, in order to achieve a
common goal. The battles fought by Alice Paul and Lucy Burns would be futile if all the women of their
generation acted in the way that we are today- the right to vote could not have been realized if women of
their times did not proactively protested against the bigot and radical thought of making suffrage a
privilege. Let the struggles of women remind us that every battle is always a work of unity and
cooperation. Let the struggles of Alice Paul and Lucy Burns strengthen and ignite the flame of service
within us. Let their suffering be wake-up call to all of us.
Let us not put the memory of the women fighters in vain, stand up and go look for ways to
advocate for something that benefits not only you. Alice Paul and all of the Iron Jawed Angels need us to
get out of our boxes, and see that the world is much bigger and complicated than we ever think it is.

V.

References

BOOKS/ LAWS
RBSI Editorial Staff, The 1987 Constitution of the Republic of the Philippines 2005 Edition, Rex
Bookstore, Incorporated. February 2010.
Wollstonecraft, Mary, A Vindication of the Rights of Women Renascence Editions, University of
Oxford, London. 1972

FILM
Von Garnier, Katja, The Iron Jawed Angels. HBO Movies. 2004

NEWS/ CASES
Abulgafar Pungutan vs. Benjamin Abubakar, G.R. No. L-33541. January 20, 1972
Tupaz, Voltair, Pacquiao and being a Homophobe. Rappler News. February 17, 2016

INTERNET SOURCES
ARTICLES
History Channel, The Fight for Human Suffrage, http://www.history.com/topics/womens-history/thefight-for-womens-suffrage, last retrieved February 16, 2016
Voltair Tupaz, Pacquiao and being a Homophobe. http://www.rappler.com/move-ph/5467-gays-slamhomophobic-pacquiao February 17, 2016, last retrieved February 17, 2016.
The Week, Eleven Things women in Saudi Arabia cannot do, www.theweek.co.uk/60339/eleventhings-women-in-saudi-arabia-cant-do, February 4, 2016, last retrieved February 17, 2016.
OTHER INTERNET SOURCES
Universal Declaration of Human Rights.http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx,
last retrieved, February 16, 2016.
International Covenant on Civil and Political Rights. http://www.un.org/en/universal-declarationhuman-rights, last retrieved, February 16, 2016.