module 7

Cards (48)

  • The 1987 Constitution of the Philippines recognizes the role of women in nation-building and ensures the fundamental equality before the law of women and men
  • The Constitution provides for women's representation (as one of the nine marginalized sectors) in the legislature through the party-list system
  • The Constitution mandates the State to protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation
  • Various laws promoting gender equality in the Philippines
    • Local Government Code of 1991
    • Party List Law
    • Labor Code (1989)
    • Women in Nation Building Law (RA 7192, 1991)
    • 1988 Comprehensive Agrarian Reform Law
    • RA 7688 (1994) - Representation of women in social security commission
    • Anti-Sexual Harassment Law (RA 7877, 1995)
    • RA 7822 (1995) - Assistance to women engaging in micro and cottage business enterprises
    • RA 8353 (1997) - Expanding the definition of the crime of rape
  • These laws promote gender equality, protect women's rights, and enhance women empowerment
  • National programs on gender and development in the Philippines
    • Philippine Plan for Gender Responsive Development (1995-2025)
    • Gender and Development Budget (GAD)
    • Framework Plan for Women (FPW)
  • The GAD budget prescribes for the allocation of 5% of the government agency's/local government unit's budget on gender-responsive activities and projects
  • Women's right to vote was granted in the Philippines in 1937
  • Women's involvement in civil society in the Philippines
    • PILIPINA feminist movement
    • GABRIELA women's group
    • Ugnayan ng Kababaihan sa Pulitika (UKP)
    • KILOS KABARO (Act Sisters Coalition)
    • SIBOL Legislative Network
  • The Republic Act 9262, or the Anti-Violence against Women and their Children (Anti-VAWC) Act of 2004, is a significant law that defines four kinds of violence against women and children, makes VAWC a public crime, allows for the issuance of protection orders, and mandates various government agencies to respond to reported cases
  • Protection order under the Anti-VAWC Law
    An order issued for the purpose of preventing further acts of violence against a woman and her child, and granting other necessary relief to serve the purpose of safeguarding the victim, minimizing any disruption in the victim's daily life, and facilitating the opportunity and ability of the victim to independently gain control of their life
  • Reliefs that may be availed of through a protection order
    • Prohibition of the respondent (perpetrator) from threatening to commit or committing personally or through another, any of the acts penalized by the Anti-VAWC Law
  • Protection Order
    An order issued for the purpose of preventing further acts of violence against a woman and her child, and granting other necessary relief to serve the purpose of safeguarding the victim, minimizing any disruption in the victim's daily life, and facilitating the opportunity and ability of the victim to independently gain control of their life
  • Reliefs that may be availed of through a protection order
    • Prohibition of the respondent from threatening to commit or committing any of the acts penalized by the Anti-VAWC law
    • Prohibition of the respondent from harassing, annoying, telephoning, contacting, or otherwise, communicating with the petitioner directly or indirectly
    • Removal and exclusion of the respondent from the residence of the petitioner whether temporarily or permanently
    • Directing the respondent to stay away from the petitioner and any designated family or household member at a distance specified by the court
    • Directing lawful possession and use by the petitioner of an automobile and other personal effects regardless of ownership
    • Granting temporary or permanent custody of a child/children to the petitioner
    • Directing the respondent to provide support to the woman and/or her child if entitled to legal support
    • Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to surrender the same, including revocation of license and disqualification to apply for any license to use or possess a firearm
    • Restitution for actual damages caused by violence inflicted including property damage, medical expenses, and loss of income
    • Directing the Department of Social Welfare and Development (DSWD) or any appropriate agency to provide temporary shelter and other social services that the petitioner may need
    • Provision of other forms of relief as may be necessary to protect and provide for the safety of the petitioner
  • Rights of victim-survivors of VAWC cases
    • To be treated with respect and dignity
    • To avail of legal assistance from the Public Attorney's Office and the Department of Justice or any public legal assistance office
    • To be entitled to support services from the DSWD and the LGUs (local government units)
    • To be entitled to all legal remedies and support as provided for under the Family Code
    • To be informed of their right to apply for a protection order
  • The right to privacy of the victim is also provided in the law, and its violation is punishable by imprisonment and fine
  • Agencies that make up the Inter-Agency Council on Violence against Women and their Children (IAC-VAWC)

    • DSWD
    • National Commission on the Role of Filipino Women
    • Civil Service Commission
    • Commission on Human Rights
    • Council for the Welfare of Children
    • Department of Justice
    • Department of Interior and Local Government
    • Philippine National Police
    • Department of Health
    • Department of Education
    • Department of Labor and Employment
    • National Bureau of Investigation
  • Duties and functions of barangay officials in addressing VAWC cases
    • Undertake an education program on RA 9262 and on violence against women and their children and why it exists, the rights and remedies of victim-survivors, and the duties of residents and all barangay officials
    • Have a family violence prevention program, including peer counseling for men
    • Support organizing efforts and development programs for women in the community
    • Prioritize livelihood projects for victim-survivors
    • Involve women in planning and implementation of all programs and projects in the barangay
    • Have an Anti-VAWC desk officer in the barangay who shall coordinate a one-stop help desk. As much as possible, this help desk shall be open for 24 hours
    • Ensure that all barangay officials, barangay health workers, barangay nutrition scholars, other barangay workers, and tanod or barangay security officers undergo gender sensitivity seminars to enable them to respond to victims of violence
    • Develop a system to document and report cases of VAWC and assistance program to victims thereof
    • If applicable / necessary, prescribe additional guidelines and standards provided that these are consistent with the Act
  • The roles of the National and Local Government Units are valuable in the implementation of the VAWC Act
  • Actual cases involving violations of the Anti-VAWC Act
    • Dinamling vs CA, GR199522, June 22,2015
    • Arig vs CA and Sagud; GR 182835, April20,2010
  • The VAWC Act is a landmark legislation championing the cause of women, pertaining to specific violations captured as four (4) acts of violence defined in the law
  • VAWC was a public crime allowing other persons to file the complaint, not only the victim-survivor
  • The law allows protection orders distancing the perpetrator from the victim and vice versa for several purposes as provided for therein
  • Government units are mandated to provide specific and immediate mechanisms to respond appropriately to these VAWC cases
  • Gender-based violence
    Any harm perpetrated against a person's will based on gender, the socially ascribed differences between males and females
  • Gender-based violence is one of the most widespread and human rights abuses, but least recognized in the world
  • Forms of gender-based violence
    • Battering and other forms of intimate partner violence including marital rape
    • Sexual violence
    • Dowry-related violence
    • Female infanticide
    • Sexual abuse of female children in the household
    • Honor crimes
    • Early marriage
    • Forced marriage
    • Female genital cutting and other traditional practices harmful to women
    • Sexual harassment in the workplace and educational institutions
    • Commercial sexual exploitation
    • Trafficking of girls and women
    • Violence perpetrated against domestic workers
  • Gender-based violence cuts across public and private spheres, including: home, school, and work, and takes place during peacetime and conflict
  • Gender-based violence is both a human rights and a development issue, with negative consequences for both women and men
  • Consequences of gender-based violence
    • Unwanted pregnancies
    • Complications from unsafe abortions
    • Sexually transmitted infections including HIV
    • Injuries
    • Mental health issues
    • Psychosocial effects (depression, anxiety, post-traumatic stress, suicide, and death)
    • Affects children's survival, development, and school participation
  • Social consequences of gender-based violence
    • Families can be stigmatized
    • Reduced ability of many survivors to participate in social and economic life
  • Economic consequences of gender-based violence
    • Cost of public health and social welfare systems
  • Survivor
    Preferred term (not a "victim") of a person who has lived through an incident of gender-based violence
  • Perpetrator
    A person, group, or institution that inflicts, supports, or condones violence or other abuse against a person or group of persons
  • Characteristics of perpetrators include: persons with real or perceived power; persons in decision-making positions; and persons in authority
  • Human rights
    Universal, inalienable, indivisible, interconnected, and interdependent. Everyone is entitled to all the rights and freedoms without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status
  • Human rights violated by gender-based violence
    • The right to life, liberty, and property of persons
    • The right to the highest attainable standard of physical and mental health
    • The right to freedom of opinion and expression and to education
    • The right to freedom from torture or cruel, inhuman, or degrading treatment or punishment
  • Types of power perpetrators can have
    • Social (peer pressure, bullying, leader, teacher, parents)
    • Economic (controlling money or access to goods/services/money/favors, sometimes the husband or the father)
    • Political (elected leaders, discriminatory laws, President of the United States)
    • Physical (strength, size, use of weapons, controlling access or security; soldiers, police, robbers, gangs)
    • Gender-based (social, males are usually in a more powerful position than females)
    • Age-related (the young and elderly people have the least power)
  • The more power one has, the more choices available. The less power one has, the fewer choices are available. Unempowered people have fewer choices and are therefore, more vulnerable to abuse
  • Force
    Might be physical, emotional, social, or economic in nature. It may also involve coercion or pressure. Force also includes intimidation, threats, persecution, or other forms of psychological or social pressure