CHAPTER 4

Lesson 15 (4.1): Gender-based Violence: Meaning, Causes and Consequences, Persons Involved,
and the Use of Power and Force

Learning Objectives:

1. To be able to understand the definition of gender-based violence, other related terms, and its
forms and consequences;
2. To be able to understand gender-based violence as a human rights issue;
3. To be able to determine the relationship between human rights and gender-based violence; and
4. To be able to differentiate perpetrators, survivors, and victims in gender-based violence.

Definition of Term:

Gender-based violence (GBV) – is any harmful act that is perpetrated against a person’s will and that is
based on socially-ascribed (gender) differences between males and females (Inter-agency Standing
Committee Guidelines for Integrating Gender-based violence in Interventions in Humanitarian Action
2015).

Introduction

Gender-based violence (GBV) is one of the most widespread human rights abuses, but least
recognized in the world. It refers to any harm perpetrated against a person’s will on the basis of gender,
the socially ascribed differences between males and females.

Gender-based violence (GBV) has devastating consequences not only for victims but also for
society as a whole. (Sigal et.al 2013) It results in physical, sexual, and psychological harm to both men
and women and includes any form of violence or abuse that targets men or women on the basis of their
sex.

In the Philippines, gender-based violence has clearly been placed in the realm of women’s
human rights over the past decade. Prior to 1993, most governments regarded violence against women
largely as a private matter between individuals. (Loi et.al 1999)

Gender-based violence experienced by women and girls refers to 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, horror crimes, early marriage, forced
marriage, female genital cutting, and other traditional practices harmful to women, sexual harassment in
the workplace and education institutions, commercial sexual exploitation, trafficking of girls and
women, and violence perpetrated against domestic workers. (USAID 2009)

Gender-based violence cuts across public and private spheres, including home, school, and work,
and takes place during peacetime and conflict. It is both a human right and a development issue, with
negative consequences for both women and men.

Consequences of Gender-Based Violence

These consequences include serious, immediate, and long-term impacts on the sexual, physical,
and psychological health of survivors.

Health consequences include unwanted pregnancies, complications from unsafe abortions,

sexually transmitted infections including HIV, injuries, mental health, and psychosocial effects
(depression, anxiety, post-traumatic stress, suicide, and death). Violence also affects children’s survival,
development, and school participation.

Social consequences extend to families and communities. Families can also be stigmatized as a
consequence of gender-based violence. For example, when children are born following a rape, or if
family members choose to stand by a survivor, fellow members of their community may avoid them.
 Economic consequences include the cost of public health and social welfare systems and the
reduced ability of many survivors to participate in social and economic life. (WHO)

Survivor, Victim, and Perpetrator

SURVIVOR is the preferred term (not a “victim”) of a person who has lived through an incident
of gender-based violence. A PERPETRATOR is 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:

a. Persons with real or perceived power;

b. Persons in decision-making positions; and
c. Persons in authority

In all incidents of GBV, there is always a survivor/victim and a perpetrator. Therefore, all actions in
the prevention and responses to GBV need to address both the survivor and the perpetrator.

Questions to ponder on the use of the word SURVIVOR or VICTIM:

1. How does a survivor or victim look like?

2. What are the similarities between a survivor to that of a victim?
3. What are the differences between a survivor to that of a victim?
4. Who can be a survivor or a victim?

Remember: The words we use communicate a message to people who are listening.

Survivor is the preferred term for those who have lived through a GBV incident.

Perpetrator is a person who commits an act of GBV. There might be only one (1) perpetrator or there
might be more.

In any act of GBV, there is a survivor and a perpetrator. All actions in prevention must address potential
survivors and potential perpetrators. Also, all actions in response need to address both the survivor and
the perpetrator.

HUMAN RIGHTS

Human rights are 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.

Prevention of and response to gender-based violence is directly linked to the protection of human
rights. Acts of gender-based violence violate a number of human rights instruments and in our
Philippine Constitution.

These include the following, amongst others:

 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 from torture or cruel, inhuman, or degrading treatment or punishment;
 The right to freedom of opinion and expression and to education; (UNFPA 2014).

Summary

GBV is a worldwide phenomenon that must be given attention nationally and internationally.
The consequences capture almost all spheres of our lives (family, socially, economically, and
 health). A main focus of gender-based violence is violence against women (VAW) affecting
women and girls across their lifespans. VAW also covers a continuum of violence that appears to be
unending, with an array of elements of abuse, coercion, or force.

The survivor and the perpetrator are important actors in GBV and VAW cases, GBV and VAW
are clear violations of human rights. All these points to the essence that these acts of violence are a
global and national concern.

Lesson 16 (4.1): GENDER-BASED VIOLENCE: POWER, USE OF FORCE, AND CONSENT

Learning Objectives:

At the end of this chapter, you are expected to:

1. Identify the relationship between abuse of power and GBV;

2. Understand that the term “violence” in the context of GBV means using some type of force,
which may or may not include physical force; and
3. Understand the meaning of “informed consent” and its relationship to GBV.

Introduction

In the earlier session, we discussed GBV and the agents/subjects who are involved in it: the
survivor and the perpetrator, among others. This session explores the meaning of three important
concepts behind GBV: Power, use of force/violence, and Informed Consent.

POWER

Perpetrators can have “real” or “perceived” power.

Some examples of different types of power and powerful people are the following:

a. SOCIAL- peer pressure, bullying, leader, teacher, parents

b. ECONOMIC- the perpetrator controls money or access to goods/services/money/favors;
sometimes the husband or the father;
c. POLITICAL- elected leaders, discriminatory laws, President of the United States;
d. PHYSICAL- strength, size, use of weapons, controlling access or security; soldiers, police,
robbers, gangs;
e. GENDER-BASED (Social)- males are usually
f. AGE-RELATED – often, the young and the elderly people have the least power

Power is directly related to choice. The more power one has, there are 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. GBV involves the abuse of power. Unequal
power relationships are exploited or abused.

Case to ponder

Case 1: In a very traditional and patriarchal family, the father of a 19-year-old girl tells her that
he has arranged for her to marry a certain man. The girl does not know the man very well. The
man is much more older than she is but she agrees to the marriage.

1. Do you think this kind of situation could happen?

2. Did she give her informed consent to this marriage?
3. Was there any force used in this incident?
4. Who is more powerful in this case- father or daughter?
5. What kind of power does the father have?
 6. What kind of power does the daughter have?
7. How does power relate to choose in this example?

USE OF FORCE/VIOLENCE

“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. The target of such violence is compelled to behave as expected or to do
what is being requested, for fear of real and harmful consequences.

Violence consists of the use of physical force or other means of coercion such as threat,
inducement, or promise of a benefit to obtain something from a weaker or more vulnerable person.
Using violence involves forcing someone to do something against her/his will- the use of force.

INFORMED CONSENT

CONSENT means saying “yes”, or agreeing to something.

INFORMED CONSENT means making an informed choice freely and voluntarily by persons
in an equal power relationship.

Acts of GBV occur without informed consent. Even if she says “yes”, this is not true consent
because it was said under duress- the perpetrator(s) used some kind of force to get her to say yes.
Children (under 18) are deemed unable to give informed consent for acts such as female genital cutting,
marriage, sexual relations, etc.

Group Activity:

Imagine a family disturbed by violence. Prepare a five (5) minute skit showing:

1. The problem issues the family is faced with

2. Why do you think the problem exists
3. Resolution of the problem using non-violent ways, after you present spend time to reflect on the
following questions:
 Did the role plays show real-life situations?
 Have you seen these incidents happening around you?
 Why does violence happen in families or within a relationship?
 Is it possible to resolve conflict without being violent? How?

CYCLE OF VIOLENCE

The cycle of violence refers to repeated acts of violence in a relationship. It starts with minor
incidents and moves on to more serious levels of violence. The cycle of violence may start in a child
who is a victim or witness to violence and may be repeated when the child becomes an adult.

The impact of being a victim or a witness to violence on a child is traumatic. It can make a child
scared, unhappy, lonely, lose self-confidence, blame others, lose sleep, and pick-up fights with peers.

Children should understand that having conflicts is alright, but resolving conflict through
violence is not right.

When children understand that violence is not acceptable, they will grow up into adults who
respect other people.
SUMMARY

POWER and ABUSE of the same are integral components of GBV. These components also had
an effect on the consent to be given by the survivor. Consent may be informed or vitiated, on which
violence is perpetrated. This violence plays a long cycle of being overpowered and giving of consent to
the detriment of women and their children.

https://psa.gov.ph/infographics/subject-area/Gender

4.2 LAWS ON WOMEN Lesson 17 (4.2.1): International Movements and Treatises

Learning Outcomes

1. Explain the international movements and treatises

2. Understand the role that they play in promoting gender equality and women empowerment.

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

 International human rights treaty that focuses on women’s rights and women’s issues
worldwide.
 It is governed by the following principles: Substantive Equality, Non-discrimination, and
state obligation.
 Most countries around the world signed the CEDAW convention. This means that they
have given their commitment to protect, respect, promote, and fulfill the rights of women
in their respective countries.

Substantive Equality: In reality, both of them share the same traits except for reproductive
capability. Men and women are different but ultimately, we are equal.

 Inequality is reinforced by the patriarchy that sees men as leaders.

 Some argue that men should have greater rights to economic resources because they
have the responsibility to provide for the needs of the family. But this does not match
reality. Today, women are unmarried, divorced, widowed and become the sole providers
for their family.

Equality for women can be viewed in three approaches;

1. Formal: Society ignores that men and women are actually different. It follows the male
standards.

Ex: A factory allows men and women to take night shifts. But if a factory is not well lit, it could
lead to assaults which may discourage women to take night shifts.

2. Protectionist Approach: Women are seen as vulnerable and prohibited from participating
certain activities.

Ex: The factory has a policy of not employing women at night shifts to protect them from being
assaulted. But this does not address the problem and denies women of extra income.
 3. Corrective Approach: Priority is given to correct the environment in order to benefit both men
and women equally

Ex: The factory could install more lights and provide a transport for women to create a safe
environment for them to work at night shifts.

Corrective approach leads to Substantive Equality: Recognizes differences but affirms equality,
places obligation to correct environment, makes playing field even, require laws and policies to
take gender perspective into account.

This ensures women to have equality in opportunities, equality in accessing those opportunities,
and equality in getting results and benefits.

Non-Discrimination: Discrimination is defined as an unfair treatment of a person or group for any

reason such as being a girl or a boy, belonging to a particular race or religion or having different
abilities, and so on. When people are discriminated against, they cannot enjoy their rights.
Discrimination can either be direct or indirect.

Direct Discrimination: Many countries practice nationality laws that directly discriminate against
women and children.

This type of discrimination is generally easier to recognize as the discrimination is quite obvious.

Ex: In some countries, women cannot legally own property; they are forbidden by law to take
certain jobs; or the customs of a community may not permit girls to go for higher education.
 Indirect Discrimination: This type of discrimination can be difficult to recognize: It
refers to situations that may appear to be unbiased but result in unequal treatment of girls
and women. This can be observable thru gender neutral laws and policies that seem to
provide equal opportunities and access for both men and women. But in practice, women
are placed at a disadvantage. The following are examples of indirect discrimination:

 A job for a police officer may have minimum height and weight criteria which women
may find difficult to fulfill. As a result, women may be unable to become police officers.

 There may be a secondary school that equally gives admission to both girls and boys but
is situated far from the community in which they live. If parents in the community feel
that it is unsafe for their daughters to walk the long distance to go to school, they may
choose to only send their sons to school. In this way, girls may be stopped from going to
secondary school despite it being available for their enrolment.

State Obligation

 Every four years, states have to report to the CEDAW committee on the measures taken
to respect, promote, protect, and fulfill the rights of women in their countries.
 The state has to respect the rights of women and must not do anything to violate women’s
rights such as enact discriminatory laws, engage in discriminatory practices, and the state
must repeal discriminatory laws.
 Protect the rights of women and ensure that there are mechanisms for complaints,
regulate institutions and individuals (such as the private companies, business sectors, and
individuals to ensure that they do not violate women’s rights, prohibit discriminations
and provide sanctions against discriminatory acts
 The state has to promote the rights of women and must raise the awareness of women’s
rights in the country.
  The state has to fulfill the rights of women and must take steps to provide enabling
conditions, develop capacity of institutions, build women’s ability to ensure equality, and
remove hurdles that women face

The state has the obligation to take temporary special measures. These are measures taken to
provide temporary advantages to women in order to promote women equality and address
discrimination.

For example: Despite of schools being equipped with teachers in rural areas, it was found that
girls were not coming to school. Since the majority of the teachers are men and due to cultural practices,
families were not allowing their daughters to be around men. Secondly, family relied on the labor of
female children to take care of household responsibility such as taking care of their siblings, cleaning the
house, and cooking food. In rural areas, families feel that girl’s education are not as important as
household chores and that she will be later married to another family. They feel that it’s a waste of
resources to send girls to school

Thus, the state has to ensure that the education of girls is as important as household chores. As a
temporary special measure, the government should put in place a policy to recruit more female teachers
in rural schools and to give the family a stipend to compensate the family for the loss of labor of the
female children. They can pass laws to make it compulsory for girls to attend school. If women make up
half of the population, women’s voices must be represented in decision making positions so that their
voices are not left out.

Why Care About CEDAW?

 Helps girls and women of every age to claim their rights. If a girl learns how to claim her
rights while she is still a child, she is more likely to be able to enjoy her rights as a
woman.
 Calls upon governments to take action to end discrimination of girls and women
CEDAW demands that governments change laws and customs in their country so that
girls and women are not discriminated against in any way.
 Protects girls and women from discrimination in areas such as education, health, work,
marriage and family life.
 Being aware of girls’ and women’s rights is the first step towards ending discrimination
faced by girls and women. When girls and boys take time to learn more about girls’ and
women’s rights and what governments should do to stop discrimination of girls and
women, they are already helping.
 Girls and boys should know they have the same rights.

Why should boys and men care about CEDAW?

 When girls and women exercise their rights, it benefits everyone, including boys and
men.
 Boys and girls could be given the opportunity to come together to build a better future for
themselves, their families, communities and nations.
 Boys and men can support girls and women in realizing their rights in many ways. In
their homes, schools, and communities, boys and men can change attitudes a behavior
towards girls and women. Boys and men can also make girls and women feel safe,
encouraged, and supported to assert the rights that CEDAW says they have.

According to the Philippine Commission of Women, CEDAW is the only human right treaty
which affirms the reproductive right of women and targets culture and tradition as influential forces
shaping gender roles and family relations. The Philippines is the first ASEAN country that ratified
CEDAW on August 5, 1981. It also ratified the Optional Protocol to the CEDAW on November 12,
2003. The Philippine Commission of Women accounted that the country’s participation to CEDAW has
contributed massively in the advancement and empowerment of the Filipino women. CEDAW paved the
way to legislation of Republic Act 9710, the Magna Carta of Women and other landmark legislations
that protects women from discrimination and violence.

Please read the following article below:

The Beijing Platform for Action

From September 4th to 15th, official representatives from over 180 countries gathered in Beijing,
China, for the Fourth World Conference on Women. For ten days, they worked in legislative sessions
and focused working groups, refining the document that would reflect the issues and concerns of the
world’s women at the end of the 20th century, the Beijing Declaration and Platform for Action. This
platform was the product of the Fourth World Conference on Women that was participated by 189
governments, 17,000 participants and 30,000 non-governmental activists in Beijing .

 The 1995 Beijing Platform for Action identified 12 key areas to have needed urgent action, to
ensure greater equality and opportunities for women and men, girls and boys. It also laid out
concrete ways for countries to bring about change.
 In response to the platform, the UN Women works with governments and partners to ensure
such change is real for women and girls around the world.
o UN Women is the United Nations entity dedicated to gender equality and the
empowerment of women.
1. Areas of Concern

1. Women and poverty: Poverty and deprivation of rights are twins.

When women are poor, their rights are not protected and they face double discrimination, on
account of their gender and economic situation. As a result, a lot of women, including their families,
communities and economies will suffer.

Hence, UN Women runs a myriad of programs to provide training, loans and practical skills to
empower women economically, give them a voice, strengthen social services and increase awareness of
women’s rights.

A UN Women-supported project is training the families of migrant labourers and rural women’s
groups to start their own businesses and fostering their economic empowerment. They are given
opportunities to attend specialized workshops on how to run their own business and how to manage the
household budget and use the money available effectively. Some of these women are survivors of
violence. So far, more than 5,000 families in Kyrgyzstan and Tajikistan have received training,
resources and loans to become self-reliant entrepreneurs.

2. Education and training of women: Education is a basic human right and is an essential tool for
achieving the goals of equality, development, and peace.

Educated women benefit entire societies, contributing to flourishing economies and the improved
health, nutrition and education of their families.

UN promotes women’s right in education across all fields. It supports educational programs to
promote gender equality and women’s rights, revises formal school curricula and policies, and helps
train teachers, students and parents.

Through a partnership between UN Women and The Mozilla Foundation, Mozilla Clubs teach web
literacy skills to women and girls in Cape Town and Nairobi. Joy uses her expertise to teach girls in
Kibera, the biggest slum in Nairobi, basic coding and digital literacy skills. The club gives us the
opportunity to teach digital skills to women and girls who may not get the opportunity to learn these
skills anywhere else.
3. Women and Health: Women have the right to enjoy the highest attainable standard of physical and
mental health. But a major barrier to this right is inequality.

Women need to be healthy in order to realize their full potential. This include proper nutrition,
sexual and reproductive rights, mental health, and freedom from violence.

UN advocates for States to better coordinate the provision of health services for women and girls –
including for survivors of violence– and supports non-governmental partners providing essential
services. They act to ensure that women’s needs are met during medical humanitarian crises, and
support and empower women living with HIV and AIDS.

Through the Fund for Gender Equality, more than 1,300 poor women living with HIV/AIDS have
received health counselling and home based care, as well as livelihood skills-training and grants to start
their own businesses.

4. Violence Against Women: Violence against women can be physical, sexual, and psychological.
Ending violence against women is one of UN Women’s key priorities.

UN Women supports expanding access to quality multi-sectorial responses for survivors covering
safety, shelter, health, justice and other essential services. It advocates for laws and help guide policies
and action plans to help step-up investments in prevention—the most cost-effective, long-term means to
stop violence against women by addressing its root causes.

 In Thailand, it opened its One-Stop Crisis Centre in April 2013, as well as a hotline that provides
social assistance to women experiencing violence.
 The Shadow Pandemic: One in three women worldwide experience physical or sexual violence
mostly by an intimate partner. UN Women is providing up-to-date information and supporting
vital programmes to fight the Shadow Pandemic of violence against women during COVID-19.

5. Women and Armed Conflict: Peace is inextricably linked with equality between women and men,
and with development. Women and girls are seen to be more vulnerable and are seen to be in
horrible situations during wars and armed conflict. Likewise, it was found out that sexual violence
is seen widespread during this crisis.
 In response to this, UN Women’s programs on women, peace and security engage women
in all aspects of negotiations, peace-building and reconstruction to build inclusive
societies. It trains peacekeepers to detect, address and stop conflict-related sexual violence,
while also supporting the reform of justice and security institutions and ensuring that
public services that are fully responsive to women’s needs.
 At age 12, Evelyn Amony was abducted by the Ugandan rebel group known as
the Lord’s Resistance Army, which for 30 years has committed numerous atrocities.
Today, she chairs a women’s advocacy network of war-affected Ugandan women. With
funding from UN Women, it encouraged the Ugandan Parliament to adopt a landmark
resolution addressing war-affected women.
6. Women and The Economy:

Women make enormous contributions to economies, whether in businesses, on farms, as

entrepreneurs or employees, or through unpaid domestic or care work at home. But women often end up
in low-wage jobs, and they constitute a small minority of those in senior positions. With this, gender
discrimination is apparent.

UN Women supports the follwoing:

 Building Entrepreneurship. Promoting women's business ownership, microfinance

efforts, and financial markets
 Asset-Building. Financial empowerment through women’s land rights and property
ownership
 Financial Literacy. Improving women’s financial literacy and providing training
  Better Jobs. Strategies to improve wages, working conditions, labour standards, benefits,
and training opportunities for women workers

In Kenya, a livelihood project is helping Somali women refugees make a living and prevent sexual
and gender-based violence.

7. Women in Power and Decision-Making: History tells us, women can be great leaders too.

But in reality, women are under-represented in top positions, whether in elected office, the civil
service, corporate boardrooms or academia. Overall, women are under-represented at most levels of
government

UN Women advocate for reforms to ensure women’s fair access to decision-making. Its programs
on leadership and participation provide training for women political candidates to help build their skills,
as well as voter and civic education and sensitization campaigns on gender equality. It works with the
UN country teams, unions and civil society to ensure that elections uphold women’s rights, including to
vote and campaign for freedom from violence. Through the Fund for Gender Equality, UN also support
women’s grass-roots groups and help give women a greater voice on a range of issues.

8. Institutional Mechanisms: Institutions play a very important role in implementing laws, policies
and programs that may advance gender equality.

UN Women work with governments to develop informed national action plans, ensure gender-
responsive budgeting, and strengthen coordination among diverse actors for sustained and meaningful
action. It partners with governments, UN agencies, civil society organizations and other institutions to
build capacity and increase awareness. It supports and advocates for evidence-based policymaking. To
this end, UN Women stresses the need for sex-disaggregated data and played an important role in the
development of 52 gender indicators.

9. Human Rights of Women: Human rights are for everyone. Women and girls are entitled to the full
and equal enjoyment of all of their human rights. The protection and promotion of human rights are
the first responsibility of governments and core to the work of the United Nations.

UN Women promote international treaties, such as the Convention on the Elimination of All Forms
of Discrimination against Women (CEDAW), help and influence decision-makers to ensure that
adequate laws are passed and work with partners to train and educate the law enforcement and justice
officials who must implement them.

10. Women and the Media: In the past decades, women had been portrayed in media as second-class
citizens: weak, dependent, etc.

This is crucial because media plays a significant role in perpetuating and challenging social norms
that condone discrimination or violence against women. It can objectify women but also showcase
strong women leaders and protagonists who can become role models for their audience.

UN Women collaborate closely with the media as a key ally in advancing women’s rights. They also
undertake research regarding the portrayal of women in news, media, and the entertainment industry.
Lastly, they conduct special workshops and trainings with journalists globally to encourage gender-
sensitive reporting.

11. Women and the Environment: Women and the environment are closely related.

They are among the most affected by climate change and any alterations in the environment.
Meanwhile, their voices are often ignored in environmental planning and management. They also have
less access to land and productive resources.
 UN Women seek to ensure that women are involved in environmental decision-making at all levels,
integrating their concerns in policies and programs, and establishing ways to assess the impact of
development and environmental policies on women.

12. The Girl Child: Girls are often treated as inferior and are socialized to put themselves last,
undermining their self-esteem.

UN Women work to empower girls and young women to pursue their dreams, confront
discrimination, and prevent violence of all kinds. It conducts awareness campaigns on girls’ rights and
supports programs that work with educators, parents and fathers in particular, and with religious leaders.

To advance girls' education, health and well-being, they advocate with governments and other
partners. Striving for a world where girls can live free from fear, violence, and discrimination.

Importance of the Beijing Platform for Action

The Platform for Action imagines a world where each woman and girl can exercise her freedoms
and choices, and realize all her rights, such as to live free from violence, to go to school, to participate in
decisions and to earn equal pay for equal work. Still, the Platform for Action envisioned gender equality
in all dimensions of life—and no country has yet finished this agenda.

LESSON 18 (4.2.2): NATIONAL LAWS

Anti-Violence Against Women and their Children Act (Republic Act No. 9262)

INTRODUCTION

The Republic Act 9262, or the Anti-Violence against Women and their Children (Anti- VAWC)
Act of 2004, is a result of the strong advocacies on women's human rights in the country. This law was
deemed to be a significant victory for all Filipino women as it was based on the right of women not to
suffer abuse, discrimination, and violence in their respective relationships.

Important features of the law include:

1. Four kinds of violence against women and children are defined - the law defined four kinds of
violence-physical, psychological, sexual, and economic-in its effort to encompass all types of abuses
inflicted to women and their children;

2. VAWC is a public crime - the crime is perpetrated not only against a single individual, but against the
entire society, thus, anyone who has personal knowledge of the abuse, violence, or discrimination can
file a complaint,

3. Protection orders can be issued against the perpetrator - upon filing the case, the victim-survivor or
anyone who has personal knowledge can apply for a protection order to enforce distance between her
and the perpetrator; and

4. Stronger community mechanisms to respond to cases - various government agencies are mandated to
aptly respond or formulate mechanisms to respond to reported cases of VAWC immediately.

Protection Orders

A protection order under the Anti-VAWC Law is defined as:

“…an order issued... for the purpose of preventing further acts of violence against a woman and her
child specified in Section of this Act and granting other necessary relief. The relief granted under a
protection order should 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 her life."
The law enumerates the following reliefs that may be availed of through a protection order:

1. 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,

2. Prohibition of the respondent from harassing, annoying, telephoning, contacting, or otherwise,

communicating with the petitioner (victim-survivor) directly or indirectly;

3. Removal and exclusion of the respondent from the residence of the petitioner whether temporarily or
permanently;

4. Directing the respondent to stay away from the petitioner and any designated family or household
member at a distance specified by the court;

5. Directing lawful possession and use by the petitioner of an automobile and other personal elects
regardless of ownership:

6. 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,

7. Prohibition of the respondent from any use or possession of any rearm 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:

8. Restitution for actual damages caused by violence inflicted including property damage, medical
expenses, and loss of income;

9. 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; and

10. 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

RA 9262 specified the following as rights of the victim-survivors:

“Section 35. Rights of Victims - In addition to their rights under existing laws, victims of violence
against women and their children shall have the following rights:

(a) to be treated with respect and dignity;

(b) to avail of legal assistance from the Public Attorney's Office and the Department

of Justice or any public legal assistance office;

(c) to be entitled to support services from the DSWD and the LGUs (local government units);

(d) to be entitled to all legal remedies and support as provided for under the Family Code; and

(e) 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.

Duties of National and Local Government Offices

Section 39 of RA 9262 provides for the creation of the Inter-Agency Council on Violence
against Women and their Children (AC -YAWC), which shall formulate gender-sensitive programs and
projects according to their respective agency mandates, including capability building programs for their
employees.
 The IAC-VAWC consists of the following agencies: D5WD 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, and
National Bureau of Investigation.

The implementing rules and regulations of the Anti-VAWC Act state the following duties and
responsibilities of LGs or the Barangay in addressing VAWC cases, apart from the issuances of
Barangay Protection Orders:

"Section 47. Duties and Functions of Barangay Officials-In order to eliminate violence against women
and their children, barangay officials shall:

a. undertakes an education program on Republic Act No. 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;

b. has a family violence prevention program, including peer counseling for men;

c. support organizing efforts and development programs for women in the community;

d. prioritizes livelihood projects for victim-survivors;

e. involves women in planning and implementation of all programs and projects in the barangay;

f. has 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;

g. ensures 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;

h. develops a system to document and report cases of VAWC and assistance program to victims thereof;
and

i. if applicable / necessary, prescribe additional guidelines and standards provided that these are
consistent with the Act.

Summary

The roles of the National and Local Government Units are valuable in the implementation of the
VAWC Act. You will realize whether the specific Barangay interviewed was fulfilling its duties in
accordance to law.

ACTUAL CASES

The Supreme Court of the Philippines ruled on several cases involving violations of the Anti-VAWC
Act or RA 9262.

Case 1 (Dinamlig vs CA, GR 1999522, June 22, 2015)

Ricky Dinamling, a policeman, was in a five-year relationship with AAA. They had two
common children, aged four and two. One night, he went to AAA's boarding house with a friend after a
drinking session. As AAA was putting the children to bed, he started to evict her for the reason that she
was using the place as a "whore house" wherein she "brought her partners." She did not want to leave,
but he threw a baby's feeding bottle outside. She went to BBB's house and requested to fetch her
children. However, Dinamling already left the boarding house with the older child and only the baby
was left.
 In the past, he would hit AAAs head, pull her hair, and kick her. When AAA went to the police,
she was merely told that it was a family problem that could be talked over. Six 16) days after the
incident, AAA was at CCs house when Dinamling arrived. He shouted and counted down for A1A to
come out. When she came out, Dinamling punched her at the left eat which subsequently bled. When
AAA asked him why he kept on following her when she already had left him, Dinamling shouted her
family name and told her she was "good-for-nothing." AAA left for the barangay captains house, but
Dinamling caught up with her and kicked her until she fell to the ground. On the road, Dinamling pulled
down AAA’s pants and panty and shouted at her while people looked on. Dinamling then, threw the
pants and panty back at AAA and shouted her family name. Dinamling, then intoxicated, left on a
motorcycle. AAA staved at her friend's home until she felt some back pain in the next morning. She
found out she was bleeding and about to miscarry so she was immediately brought to the hospital.
There, she was told that she was 19 weeks pregnant and had an incomplete abortion. She was
hospitalized for four days. Dinamling visited her but showed no remorse over his acts. Dinamling was
charged for violations RA No. 9262.

Case 2 (And vs CA and Sagud; GR 182835, April 20, 2010)

After receiving from the accused Rustan via multimedia message service (MMS), a picture of a
naked woman with her face superimposed on the figure. Complainant fled an action against said accused
for violation of the VAWC Act or Republic Act (RA.) 9262. The sender's cellphone number stated in the
message, was 0921-8084768, one of the numbers that Rustan used. Irish surmised that he copied the
picture of her face from a shot he took when they were in Baguio in 2003. The accused said to have
boasted that it would be easy for him to create similarly scandalous pictures of her and threatened to
spread the picture he sent through the Internet.

Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877)

Lesson Objectives:

This module explains the various theoretical perspectives on Sexual Harassment. Also, this
module discusses the laws of the Philippines on Sexual Harassment in the academe and in the academe
and in the workplace. At the end of this module, you are expected to:

1. Understand fully the various theoretical perspectives on the Sexual Harassment;

2. Distinguish the various theoretical perspectives on Sexual Harassment from each other; and

3. Understand the laws of the Philippines on Sexual Harassment in the academe and in the workplace.

Definition of Term:

• Sexual Harassment – it is an or a series of acts involving any unwelcome sexual advance,

request, or demand for a sexual favor, or other verbal or physical behavior of a sexual nature, committed
by a government employee or official in a work-related, training, or education-related environment.

Introduction

Harassment and sexual harassment are recognized as a form of discrimination on the grounds of
sex and, thus, are contrary to the principle of equal treatment between men and women (Numhuser-
Henning and Laulom 2012).

Like many other crimes, sexual harassment is all about power, control, and domination.
International Labor Organization (ILO) (2001) defined sexual harassment as a sex-based behavior that is
unwelcome and offensive to the recipient. Thus, sexual harassment is not merely a problem of safety and
health and unacceptable working conditions, but it also a form of violence primarily against women
(ILO 1992).

In the Philippines, Republic Act No. 7877 or the “Anti-Sexual Harassment Act of 1995” defines
work-, education-, or training-related sexual harassment is committed by an employer, employee,
manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainer, or any other
person who, having authority, influence, or moral ascendancy over another in a work or training or
education environment, demands, requests, or otherwise requires any sexual favor from the other,
regardless of whether the demand, request, or requirement for submission is accepted by the object of
sad Act.

THEORETICAL PERSPECTIVES ON SEXUAL HARASSMENT

Sexual harassment cannot be understood from the perspective of a single theory, but it is always
a combination of different predictors. Previous researchers have looked at sexual harassment using a
number of frameworks including organizational approach, feminist theory, role theory, and attributional
models of sexual harassment. However, all these models share common basic assumptions and can be
labelled as socio-cultural models of sexual harassment (Sheets and Braver 1999).

However, there have been five widely accepted theories of sexual harassment that attempt to
explain the phenomenon from different angles and perspective, to wit:

1. Natural/Biological Theory

According to this model, men have stronger sex drives, and are therefore, biologically motivated
to engage in sexual pursuit of women. Thus, the harassing behavior is not meant to be offensive or
discriminatory, but is merely the result of biological urges. Its assumptions include a natural, mutual
attraction between men and women, a stringer male sex drive, and men in the role of sexual initiators. A
key strength of the natural/biological perspective is that it acknowledges the innate human instincts
potentially driving sexually aggressive behavior (Tangri et.al. 1982).

2. Sex Role Spillover Theory

This theory is based on the proposition of irrelevant gender-based role expectations that
individuals bring to the workplace in guiding their interactions with women. Men hold role perceptions
of women based on their traditional role in our culture.

When women take jobs outside of these traditional areas to work in the male dominated
workplace, men rely on these gender-based expectations when interacting with women therefore,
perceiving women in their gender role over and above their work role. Therefore, men are more likely to
sexualize their experiences, including work experiences, and are therefore, more likely to make sexual
remarks or engage in sexualized behavior, thus accounting for the fact that women experience more
sexual harassment than men (Barbara Gutek 1982).

3. Organizational Theory

Proponents of this theory propose that one of the central concepts that helps to explain sexual
harassment is power (Cleveland and Kurst 1993). This theory proposes that sexual harassment results
from the opportunities presented by power and authority relations which derive from hierarchical
structures of organizations (Gruber 1992).

This perspective emphasizes that the structure of organizational hierarchy invests power in
certain individuals over others, that can lead to abuse. Thus, sexual harassment is all about expression of
male power over women that sustains patriarchal relations.

4. Socio-cultural Theory

Socio-cultural theories examine the wider social and political context in which sexual harassment
is created and occurs. According to this perspective, sexual harassment is a logical consequence of the
gender inequality and sexism that already exists in society (Gutek 1985; Thomas and Kitzinger 1997).
This theory asserts that women’s lesser status in the larger society is reflected at the workplace
structures and culture-thus, male dominance contributes to be the rule.

Herein, sexual harassment is only one manifestation of a much larger patriarchal system in which
men are the dominant group reflecting the larger society’s differential distribution of power and status
between the sexes. The perpetrators of sexual harassment have no regard for women as an equal human
being. Therefore, molesting women is a part and parcel of male idea of fun in the society.
5. Feminist Theory

According to the feminist perspective, sexual harassment is linked to the sexist sexist male
ideology of male dominance and male superiority in the society. Therefore, feminist’s theories view
sexual harassment as the product of a gender system maintained by a dominant, normative form of
masculinity. Thus, sexual harassment serves to maintain the already existing gender stratification by
emphasizing sex role expectations (Gutek 1985).

Relevance of Sexual Harassment Theories

An interpretation of these theoretical perspectives reveals that both biologically, as well as socio-
culturally, men happen to have always occupied a dominant position over women in societies, of which
the workplaces are only a part.

Considerable data have been accumulated confirming that harassment is widespread in both the
public (Culbertson et al. 1992; Fitzgerald et al. 1997) and the private sectors and it has significant
consequences for the employee’s health and psychological well-being (Fitzgerald 1993; Schneider et al.
1997).

Therefore, the vulnerability of women as a weaker sex has traveled towards workplaces and
academe, where it is considered natural and normal for men to be responding sexually towards women
as colleagues, subordinates, and superiors.

Specifically, in a work-related or employment environment sexual harassment in committed

when:

(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or
continued employment of said individual, or in granting said individual favorable compensation, terms
of conditions, promotions, or privileges or the refusal to grant the sexual favor results in limiting,
segregating, or classifying the employees which in any way would discriminate, deprive, or diminish
employment opportunities or otherwise, adversely affect said employee;

(2) The above acts would impair the employee’s rights or privilages under existing labor laws; or

(3) The above acts would result in an intimidating, hostile, or offensive environment for the employee.

On the other and, in an education or training environment, sexual harassment is committed:

(1.) Against one who is under the care, custody, or supervision of the offender;

(2.) Against one whose education, training, apprenticeship, or tutorship is entrusted to the offender;

(3.) When the sexual favor is made a condition to the giving of a passing grade, granting of honor and
scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or

(4.) When the sexual advances result in an intimidating, hostile, or offensive environment for the
student, trainee, or apprentice.

Sexual Harassment in the Civil Service

Sexual Harassment in the Civil Service is punishable by Civil Service Commission No. 01-0940,
also known as Administrative Disciplinary Rules on Sexual Harassment Cases.

Here, sexual harassment can be committed at the following places:

1. In the premises of the workplace or office or of the school or raining institution;

2. In any place where the parties were found, as a result of work or education or training responsibilities
or relations;
3. At work, education, or training-related social functions;

4. While on official businesses outside the office or school or training institution or during work, school,
or training-related travel;

5. At official conferences, for a, symposia, or training sessions; or

6. By telephone, cellular phone, fax machine, or electronic mail.

The following forms of sexual harassment are committed thru: (1) Physical, (a) Malicious
touching; (b) Overt sexual advances; (c) Gestures with lewd insinuation; (2) Verbal, such as but not
limited to, (a) requests or demands for sexual favors and (b) lurid remarks; (3) Use of objects, pictures or
graphics, letters, or written notes with sexual underpinnings; (4) Other forms analogous to the foregoing.

Anti-Rape Law (Republic Act No. 8353)

Anti-Rape Law of 1997

Sec. 2. Rape as a Crime Against Persons. - The crime of rape shall hereafter be classified as a
Crime Against Persons under Title Eight of Act No. 3815, as amended, otherwise known as the Revised
Penal Code.

The declaration that rape is a crime against persons, the law no longer considers it as a private
crime. Rape violates a person’s wellbeing and not just one’s virginity or purity. The law considers that
any person, whether a prostituted person, non-virgin or one who has an active sexual life may be
victimized by rape.

What constitutes rape?

According to Article 266-A, rape is committed under the following circumstances:

1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:

a) Through force, threat, or intimidation;

b) When the offended party is deprived of reason or otherwise unconscious;

c) By means of fraudulent machination or grave abuse of authority; and

d) When the offended party is under twelve (12) years of age or is demented, even though none
of the circumstances mentioned above be present.

2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an
act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument
or object, into the genital or anal orifice of another person.

How is the crime punished?

The penalty varies depending on the act itself and the circumstances surrounding it (“Article
266-B”. Penalty.)

 Reclusion Perpetua (Imprisonment from 20 to 40 years) is imposed on the offender if rape is

committed through sexual intercourse.
 Prision Mayor (Imprisonment from 6 to 12 years) is imposed on the offender if rape was
committed through oral or anal sex or through the use of any object or instrument that was
inserted into the mouth or anal orifice of the woman or a man.
 This may also be elevated to Reclusion Temporal (Imprisonment from 12 to 20 years) or
Reclusion Perpetua depending on the circumstances surrounding the crime.

What to do if someone is raped?

  Advise the victim to seek the help of a counselor or a therapist who is an expert in handling cases
of sexual abuse.
 Assist the victim in securing a safe and temporary shelter if needed to move to another place for
security reasons. The victim can be referred to a crisis center or any government agency that
offers temporary shelter.
 Make sure that the evidence is safe and intact. This would help should the victim decides to file a
case.
 Secure a Medico-legal certificate from a Medico-legal officer. Absence of bodily injuries does
not mean that rape did not occur or that the case may not be pursued anymore.
 Support the victim along the way when the victim decides to file a case.
 Ensure that the victim is prepared in all aspects. Make them understand the overall picture of the
case. Inform them that it is possible that doctors, police, lawyers and judges would not be
sensitive to the situation and experience.
 Help the victim choose the lawyer who understands her most.
 Coordinate with people who can assist or support her all throughout.

https://pcw.gov.ph/ra-8353-faqs/

https://chanrobles.com/republicactno8353.htm

Magna Carta of Women (Republic Act No. 9710)

The MCW is a comprehensive women’s human rights law that seeks to eliminate discrimination
through the recognition, protection, fulfillment and promotion of the rights of Filipino women,
especially those belonging in the marginalized sectors of the society.

The MCW establishes the Philippine government’s pledge of commitment to the Convention on
the Elimination of All Forms of Discrimination against Women’s (CEDAW) Committee in its 36th
Session in 2006 and to the UN Human Rights Council on its first Universal Periodic Review in 2009.

Salient Features of the Law

1. Achieve 50-50 Gender Balance

Increasing the number of women in third level positions in government to achieve a fifty-fifty (50-50)
gender balance within the next five years.

2. Leave Benefits

Leave benefits of two (2) months with full pay based on gross monthly compensation for women
employees who undergo surgery caused by gynecological disorders.

3. Non-discrimination in employment

Non-discrimination in employment in the field of military, police and other similar services that include
according the same promotional privileges and opportunities as their men counterpart.

4. Equal Access

Provision for equal access and elimination of discrimination in education, scholarships, and training.

5. Non-discriminatory portrayal in the media

Non-discriminatory and non-derogatory portrayal of women in media and fil to raise the consciousness
of the general public in recognizing the dignity of women and the role and contribution of women.

6. Equal Status

Equal status given to men and women on the titling of the land and issuance of stewardship contracts
and patents.
7. Government’s Responsibility

The MCW establishes the responsibility of the government to take action in order to end discrimination
against women.

8. Development and Implementation

The Government in its entirety, shall fulfill these duties through the development and implementation of
laws, policies, regulatory instruments, administrative guidelines, and other appropriate measures.

9. Mandate to all government offices

The MCW mandates all government offices to adopt gender mainstreaming as a strategy for
implementing the law and attaining its objectives. It also mandates the following:

(a) Planning, budgeting, monitoring and evaluation for gender and development,

(b) The creation and/ or strengthening of gender and development focal points, and

(c) The generation and maintenance of gender statistics and sex-disaggregated databases to aid in
planning, programming and policy formulation.

MAGNA CARTA OF WOMEN CHAPTER IV: Rights and Empowerment

Section 9 – Protection from Violence

(d) All local government units shall establish a Violence Against Women’s Desk in every barangay
to ensure that violence against women cases are fully addressed in a gender-responsive manner.

Other Laws

Introduction

The 1987 Constitution

The Philippines is known for its very liberal and progressive Constitution that was formulated
during the euphoria of People Power Revolution in 1986. Gender equality is a key element of this
Charter and as enshrined in Article Il Section 14 of the 1987 Constitution, "the State recognizes the role
of women in nation-building and shall ensure the fundamental equality before the law of women and
men.

Considering the unequal gender relations in the country, the Constitution further provided for
women representation (as one of the nine marginalized sectors) in the legislature through the party-list
system (which should cover 20% of the lower house).

Finally, Article 13 Section 14 specifically mentioned that the "State shall 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".

These specific provisions (services) served as bases to several legislations (laws) about women.
As a result, laws of women became aplenty, anchored from the constitutional provisions mentioned. The
lack or sufficiency of these specific provisions depends on the existing and current need of the country.
Various Laws Promoting Gender Equality

The legal framework provided for by the 1987 Constitution resulted to various legislations promoting
gender equality. These legislations include the following:

• Local Government Code of 1991. Provides for the election of sectoral representation, including
women, in local legislative councils.

• Party List Law. Provides for the creation of women-oriented or women-based parties to
compete under the party-list system. Women is one of the nine sectors identified in the law.

• Labor Code (1989). Covers issues, such as night work prohibition, specifies that employers
must provide special facilities for women

Art. 132. Facilities for women. The Secretary of Labor and Employment shall establish standards that
will ensure the safety and health of women employees. In appropriate cases, he shall, by regulations,
require any employer to:

• Provide seats proper for women and permit them to use such seats when they are free from
work and during working hours, provided they can perform their duties in this position without
detriment to efficiency;

• To establish separate toilet rooms and lavatories for men and women and provide at least a
dressing room for women;

• To establish a nursery in a workplace for the benefit of the women employees therein; and
prohibition of discrimination against women in respect to terms and conditions of employment, and
prohibition of discrimination by reason of marriage of a woman worker.

• Women in Nation Building Law. Republic Act 7192 (1991) is an act promoting the integration
of women as full and equal partners of men in development and nation-building. The law provides that a
substantial portion of government resources be utilized to support programs and activities for women.
The law also encourages the full participation and involvement of women in the development process
and to remove gender bias in all government regulations and procedures.

O In relation to gender budgeting, the law specifically mandated all agencies to allocate a
minimum of 5%, increasing to 30%, of all official development funds in mainstreaming gender concerns

• 1988 Comprehensive Agrarian Reform Law. Gave Filipino women the right to own land that
previously reverted to sons and other male family members.

• Republic Act 7688 (1994). An act giving representation to women in social security
commission.

• Anti-Sexual Harassment Law. RA 7877 (1995). An act declaring sexual harassment to be

unlawful in the employment, education, or training environment.

• Republic Act 7822 (1995). An act providing assistance to women engaging in micro and cottage
business enterprises.

• Republic Act 8353 (1997). An act expanding the definition of the crime of rape, reclassifying
the same as a crime against persons

Summary

These laws not only promote gender equality, but also gives protection to women's rights and
enhances women empowerment. The laws listed above should always be remembered since these are the
very basic laws on women's rights and women empowerment. Women's rights and women
empowerment are very important to the Philippine society as this ensures inclusive growth and
development of our country.

Lesson 19 (4.3): Laws and Policies on Violence and Discrimination

 of the Members of LGBTQI+

Intended Learning Objectives

At the end of the discussion, student should be able to:

 Identify the international laws and policies on violence and discrimination affecting the members of
LGBTQIA+;
 Identify the forms of violence and discrimination of the LGBTQIA+; and
 Determine the various Philippines National laws and Policies and Local Ordinances for Protection
of Rights of Members of the LGBTQIA+ Community.

Introduction
 Around the world, Lesbian, Gay, Bisexual,Transgender, Queer, Intersex and Asexual or
(LGBTQIA+) Individuals continue to face widespread violence and discrimination.
 In America, the first study to examine the issue was conducted in a year 2016 reported that 71.1%
violent victimizations per 1,000 persons a year, compared with 19.2% per 1,000 a year to those non
sexual and gender minorities (Galvan, 2020).
 In Asia, including the Philippines, a research coordinated by IGLHRC it found that LBT people
faced this frequent violence and daily discrimination without any protection from the state.
 Thus, International Human Rights Law establishes legal obligations on States to ensure protection
to the rights of LGBTQIA+ people experienced violence and discrimination on the basis of sexual
orientation, gender identity around the world.

 INTERNATIONAL LAWS AND POLICIES

 United Nations (UN)

 United Nations is an alliance of states with currently 193 countries from all regions of the world
with a global functions. All countries together cover an area of 133.81 million km² and 7.84 billion
people, 88.53% of the world's inhabitable area and 99.45% of the world's population. In fact,
Philippines is one of the original 51 Charter Members that created United Nations in 1945. Thus,
the United Nations is a global organization whose functions are to securing peace and protecting
human and international rights.

 United Nations Human Rights Treaty bodies:

According to International Human Rights Law or IHRL- these Committees have confirmed
that Sexual Orientation and Gender Identity are included among prohibited grounds of Violence and
Discrimination to the LGBTQIA+ People around the world, and these treaty bodies are the following:
United Nations Human Rights Committee, Committee in Economic, Social and Cultural Rights,
Committee on Rights of a Child, Committee Against Torture, and Committee on the Elimination of
Discrimination Against Women.

 International Human Rights Law

 International human rights law lays down obligations which States are bound to respect. By
becoming parties to international treaties, States assume obligations and duties under international
law to respect, to protect and to fulfil human rights.

Obligation and Duties of IHRL

 The obligation to respect means that States must refrain from interfering with or curtailing the
enjoyment of human rights.

 The obligation to protect requires States to protect individuals and groups against human rights
abuses.
 The obligation to fulfil means that States must take positive action to facilitate the enjoyment of
basic human rights.

 What is Human Rights?

 Human Rights’ developed and articulated by UDHR in a year 1948.
 According to the United Nation Declaration of Human Rights or UDHR defined as the rights that
inherent to all human beings and all equally entitled to human rights without discrimination,
whatever nationality, place of residence, sex, national or ethnic origin ,color, religion,language, or
any status, such as age, disability, health status, sexual orientation or gender identity.
 “All human beings are born free and equal in dignity and rights.”

 YOGYAKARTA PRINCIPLES

Meeting held at Gadjah Mada University in Yogyakarta, Indonesia 2006, 29 distinguished

experts from 25 countries.

This “Yogyakarta Principles” was introduced for the following purposes:

 To ensure protection of the rights of all Human beings that are born free and equal in dignity and
rights.
 To promote Human Rights as universal, interdependent, indivisible and interrelated.
 To ensure a better understanding that
 Sexual Orientation and Gender Identity are integral to every person’s dignity and humanity and
must not be the basis of discrimination and violence.

 NATIONAL LAWS AND POLICIES

 The 1985 Philippine Constitutions states that:“ The State values the dignity of every human person
and guarantees full respect for human rights.”
 In the Bill of Rights Article 3, Section 1, it enshrines in its due process and equal protection
clauses that: “ No person shall be deprived of life, liberty, or property without due process of law,
nor shall any person be denied the equal protection of the laws.”

 “ Ang Ladlad” case (Ang Ladlad LGBT Party vs. Comelec GR 190582 8 April 2010)

“ From the standpoint of the political process, the lesbian, gay, bisexual, and transgender have the same
interest in participating in the party-list on the same basis as other political parties similarly situated.
Hence, laws of general application should apply with equal force to LGBTs, and they deserve to
participate in the party-list system on the same basis as other marginalized and under represented
sectors.”
 Current Overview of the Protection of the Rights of LGBT People in the Philippines

According to (UNDP & USAID, 2014), reported the examination on the protection of the rights
of LGBT people in the Philippines under the broad categories of education, health, employment,
family affairs, religion, media and politics, primarily based on the experiences of Dialogue
participants and supplemented by case studies:

 Educational institutions, it was found that LGBT people are subject to discrimination, bullying
and abuse under the guise of “academic freedom” which allows educational institutions to create
their own policies. LGBT issues are not included in curricula. However, the Department of
Education in 2012 issued an order to protect children from violence, abuse and exploitation
regardless of sexual orientation and gender identity. Positive case studies included pride events on
campuses and the election of LGBT individuals to student councils.
 Health, HIV is the primary challenge that confronts gay men, other MSM, and transgender women.
The national HIV response is developed although there are challenges such as a lack of resources,
overemphasis on testing, and problems with access to HIV testing. Transgender people lack
information on hormone replacement therapy. While the national psychology association has
publicly expressed support for LGBT persons, there is the need to address the psychosocial health
needs of LGBT Filipinos including through supportive service providers.
 Employment both on an individual level and as members of a community that is subject to
discrimination and abuse. This can be compounded by the weak social status and position of the
individuals involved. Examples of discrimination were given in both the recruitment of employees
and during regular employment. It was noted that employers sometimes take advantage of LGBT
employees. Sexual harassment of LGBT employees was reported. A concern was expressed about
potential discrimination in the workplace based on HIV status. Employment is an area identified
where LGBT organizations and parts of the community (such as overseas workers and sex workers)
are not playing an active role. Case studies in this area included appealing to progressive global
corporate practices to advance local policies for LGBT employees, and testing anti-discrimination
ordinances in relation to employment issues.
 Family affairs, at the Dialogue relate to both LGBT persons as family members and LGBT persons
with family (including partnerships and children). Examples were given of the need to protect
LGBT youth from discrimination and abuse, and for different Philippines institutions to be SOGI-
sensitive in order to support LGBT family members. In the Philippines, LGBT persons do not have
the right to marry someone of the same sex. Adoption is allowed by a single LGBT person but not
by two people who identify as a domestic couple. Participants at the Dialogue identified anti-
discrimination legislation as a higher priority than advocacy for same-sex marriage.
 Religion for LGBT people in the Philippines was discussed above, noting the strong influence of
the Roman Catholic Church, which can contribute to discrimination. At the same time, Dialogue
participants are heartened by the growing number of LGBT-led churches. A case study described
the gathering of faith-based organizations in June 2013 on HIV and stigma and discrimination.
 Mainstream media is criticized in the way that it stereotypes gay men and limits representation of
lesbians and transgender people; demonstrates transphobia and homophobia; and sensationalizes
coverage of LGBT-related events. Dialogue participants see LGBT-run media as important and that
Internet media has the strong potential to promote LGBT rights. They see a lack of a unified voice
and priorities as problematic in promoting LGBT rights in the media. Case studies showed the
Internet used as effective media for promoting HIV testing, the success of Outrage magazine, a
comic book series that highlighted lesbophobia and discrimination, and an LGBT radio show.
 Politics the participants nonetheless recognized that many of the LGBT people holding elected
posts do not necessarily champion LGBT issues. This explains why, currently, most LGBT political
representations are done by heterosexual allies. In 2011, for instance, Bayan Muna Rep. Teddy
Casiño authored House Bill (HB) 1483 (LGBT Anti-Discrimination Act), and HB 4635, which
aimed to have May 17 declared as the National Day Against Homophobia and Transphobia, the
Philippine counterpart of the International Day Against Homophobia. Interestingly, there are
supposed allies whose support to LGBT rights is limited. Sen. Miriam Defensor-Santiago, for
example, filed an antidiscrimination bill in 2006, but also filed Senate Bill No. (SBN) 1276 that
sought to bar same-sex marriages celebrated abroad from getting legally recognized in the
Philippines.

 VIOLENCE AND DISCRIMINATION ON THE BASIS OF SOGIE

 In March 2016, the Trans Murder Monitoring Project listed 41 reported cases of transgender
people murdered in the country since 2018.

e.g. The case of Jennifer Laude;

 October 11, 2014, Jennifer Laude, a transgender woman who was brutally killed by Lance Corporal
Joseph Scott Pemberton, a US Marine. December 1, 2015, the Regional Trial Court of Olongapo
City ruled that Mr. Pemberton was guilty of homicide and not the murder that sentencing for a
period of 10-12 years and later reduced to 10 years. The court argued that it was the discovery of
Jennifer Laude having male genitalia which disgusted and repulsed Pemberton and caused such
heated passion. Therefore, the court decided that he has no malicious intent to kill, reducing the
murder charge to homicide, and in September 2020 Mr. Pemberton was subject to absolute pardon.

 Violence and Discrimination against LGBTQ+ Youth in Education

 Anti-Bullying Act of 2013 (Republic Act 10627) includes gender-based bullying as a prohibited
and punishable.
 Gender-based Bullying is any act that humiliates or excludes a person on the basis of perceived or
actual orientation and gender identity (SOGI) Republic Act No. 10627

 Child Protection Policy

 Bullying is committed by a Principal, teacher or any other school personnel under the Department
of Education Order No. 40 on the child policy protection.
 Special Protection of Children against Child Abuse, Exploitation, and Discrimination Act of 1992
(Anti- Child Abuse Act of Republic Act 7610)
 Parents of children who suffer abuse at the hands of teachers or members of the school’s
administration violates RA 7610 or the Anti-Child Abuse Act.
 Such cases can cover instances of Physical, Psychological Injury, or Cruelty on the basis of child’s
SOGI.

 Violence and Discrimination against LGBTQ in the Workplace

 The Labor Code of the Philippines (PD 442)

 Labor Code is the national law covering employment for the private sector in the Philippines.
 Declaration of Policy Article 3, that the “State shall afford protection to labor, promote full
employment , ensure equal work opportunities.”
 But, the reality shows a different picture since members of the LGBTQ+ encounter hardship in
accessing work opportunities because of discrimination.

 CSC No. 01-0940- the Civil Service Commission’s Policy on Anti-Sexual Harassment
 These include prohibiting “ derogatory and degrading remarks or innuendos directed toward the
members of one’s sex, or one’s sexual orientation or use to describe as person.
 Such cases an cover instances of Physical, Psychological Injury, or Cruelty on the basis of child’s
SOGI.
 On the other hand, gender identity is is not specifically mentioned as a ground, if a LGBTQ+ civil
servant is harassed verbally by co-workers, they would be able to rely on the generic protection
from “ derogatory and degrading remarks”.

 LOCAL ORDINANCES

 List of the Philippines Local Governments with Anti-discrimination Ordinances

At present, there is no specific national law to protect Lesbian, Gay, Bisexual, Transgender,
Queer and Intersex or LGBTQIA+ people against discrimination. On the other hand, a number of
jurisdictions were effectively enacted the ANTI-DISCRIMINATION ORDINANCES that include
Sexual Orientation and/or Gender Identity and Expression for human rights protection. These are the
Cities, Provinces, Municipalities and Barangay enacted the Anti-discrimination Ordinances on the basis
of SOGIE

As of May 2015, These include:

 11.4% of Filipinos reside in areas

protected against discrimination.

 88.6% in which 82 million Filipinos

Reside in areas without protection against

discrimination. Ortega et al. (nd)

As of 2017, These include:

Angeles City, Pampanga, Antipolo City, Bacolod City, Baguio City, Batangas City, Butuan City,
Candon City, Ilocos Sur, Cebu City, Dagupan City, Davao City, General Santos City, Mandaue City,
Quezon City (in 2003 and in 2014), Puerto Princesa City, Vigan City, Municipality of San Julian,
Eastern Samar, Barangay Bagbag, Quezon City. Barangay Greater Lagro, Quezon City, Barangay
Pansol, Quezon City, Provinceof Agusan del Norte, Province of Batangas, Province of Cavite, Province
of Iloilo, Province of Dinagat Islands.-(Ortega et al.,nd

 GENDER FAIR ORDINANCE

 Quezon City

The city passed its Gender-Fair Ordinance in November 2014. It bans discrimination against
LGBTQ+ members in their workplaces and educational institutions, and in the delivery of goods and
services. Verbal and non-verbal harassment against LGBTQ+ persons is not allowed in the city.

e.g. Transgender woman Gretchen Custodio Diez was shocked when she was barred from
entering a women’s restroom of a Cubao mall in August 2019. Here, she had an altercation with a
janitress, and was later cuffed, arrested, and detained by cops. After her case went viral, Mayor Joy
Belmonte later confirmed that the mall violated the Gender-Fair Ordinance.

 ORDINANCE No. 8695

 Manila

In October 2020, then-Manila mayor Isko Moreno Domagoso signed the Manila LGBTQI
Protection Ordinance. This made gender discrimination banned in the national capital. In Ordinance No.
8695, discrimination is defined as “any distinction, exclusion, restriction, or other differential treatment
that is directly or indirectly based on sexual orientation, gender identity and expression which has the
intention or effect of nullifying or impairing the recognition, enjoyment or exercise on an equal footing
of political, civil, economic, social, and cultural rights.”

Examples of banned acts of gender-based discrimination include denying or limiting

employment opportunities, denying access to establishments, verbal or written insults, and physical and
verbal harassment. The ordinance also creates a Manila Gender Sensitivity and Development Council
to handle harassment cases and recommend anti-discrimination policies to the city council.

 SOGIE ANTI-DISCRIMINATION ORDINANCE

 Bataan

Bataan, bailiwick of the first transgender congresswoman Geraldine Roman, passed a SOGIE
anti-discrimination ordinance in October 2021.

 SOGIESC EQUALITY ORDINANCE - ORDINANCE 2660

 Cebu City

The LGBTQ+ community in Cebu celebrated the Pride Month of 2022 with a victory: the Cebu
City council’s unanimous passage of the Sexual Orientation, Gender Identity and Expression, and Sex
Characteristics (SOGIESC) Equality ordinance. Cebu City actually had an Anti-Discrimination
Ordinance in 2012, but advocates said it was not effective in upholding the sector’s rights. Magdalena
Robinson, founder of Cebu United Rainbow LGBT Sector (CURLS), said that parts of the ADO were
too generic and led to loopholes in enforcement.

The new Ordinance 2660 prohibits physical, verbal, or written harassment, vexation, public
humiliation, invasion of personal autonomy, disallowing access to government services, economic
opportunities, healthcare, and other essential needs. Offenders can face jail time of up to 30 days.

 ANTI-DISCRIMINATION ORDINANCE
 Iloilo City

In 2018, Iloilo City passed its own anti-discrimination ordinance, banning and penalizing acts of
discrimination based on sex, gender identity, sexual orientation, race, color, descent, ethnic origin, and
religious beliefs. Penalties range from a P1,000 fine to 15 days in jail. Two years later, when the
coronavirus pandemic struck, the city council passed an amendment, prohibiting discrimination against
health workers.

During Iloilo City’s Pride March on June 25, 2022, advocates continued the call for better
implementation of the ordinance. Gabriel Felix Umadhay, lead convenor of the Iloilo LGBTQIA+
Network and head of the city’s Office of LGBT Affairs, said many government services remained
“limited to cisgender persons.”

 SOGIE ORDINANCE
 Davao City

In 2012, Davao City made illegal discrimination based on one’s sex, sexual orientation, and
gender identity. People in Davao City could no longer refuse, based on SOGIE, someone’s employment
application, a student’s admission, or requests to avail themselves of goods or services. Establishments,
like restaurants, bars, stores, movie theaters, malls, also cannot refuse entry to people based on their
SOGIE, religious affiliations, national or ethnic origins, or race. The ordinance prohibits acts which
would “demean the dignity and self-respect of a person” and steps on their basic freedoms. Penalties
range from a P1,000 fine to jail time of 15 days.

 Ordinance 543 or the Comprehensive Anti-Discrimination Ordinance

 Zamboanga City

In October 2020, then-Zamboanga City mayor Beng Climaco approved Ordinance 543 or the
Comprehensive Anti-Discrimination Ordinance. This not only penalizes discrimination against SOGIE,
but also other sectors prone to marginalization. The ordinance is meant to protect discrimination on the
basis of: SOGIE, Race, Color Civil and social status, Language, Religion, National or social origin,
Culture and ethnicity, Property, Birth or age, Disability and health status. SOGIE ORDINANCE,
Zamboanga City Mayor Beng Climaco signs Ordinance 543 or the Comprehensive Anti-Discrimination
Ordinance in October 2020.
LESSON 20 (4.4): GENDER INEQUALITY IN MARRIAGE AND CRIMINAL LAWS

Lesson Objectives:
• Understand the concept of gender inequality in marriage and criminal laws.
• Determine the status of gender inequality in selected provisions of these laws; and
• Assess provisions on the proposed same-sex marriage legislations.

A. Definition of Term

Marriage - a special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life. It is the
foundation of the family and an inviolable social institution.
• Under the Family Code, marriage is defined as “a special contract of permanent
union between a man and a woman entered into in accordance with law for the
establishment of conjugal and family life" (Article 1, The Family Code of the
Philippines)
• Marriage is stated as "an inviolable social institution, is the foundation of the family
and shall be protected by the State" (Art XV, Section 2, 1987 Constitution)

B. The primacy of the decision of the husband/father:

Article 14 of the Family Code of the Philippines

• "In case either or both of the contracting parties, not having been emancipated by a previous
marriage, are between the ages of 18 and 21, they shall, in addition to the requirements of the
preceding articles, exhibit to the local civil registrar, the consent to their marriage of their
father, mother, surviving parent or guardian, or persons having legal charge of them, in
the order mentioned. Such consent shall be manifested in writing by the interested party, who
personally appears before the proper local civil registrar, or in the form of an affidavit made in
the presence of two witnesses and attested before any official authorized by law to administer
oaths. The personal manifestation shall be recorded in both applications for marriage license, and
the affidavit, if one is executed instead, shall be attached to said applications."

Article 96 of the Family Code of the Philippines

• "The administration and enjoyment of the community property shall belong to both spouses
jointly. In case of disagreement, the husband’s decision shall prevail, subject to recourse to
the court by the wife for proper remedy, which must be availed of within five years from the
date of the contract implementing such decision."

Article 124 of the Family Code of the Philippines

• "The administration and enjoyment of the conjugal partnership shall belong to both spouses
jointly. In case of disagreement, the husband’s decision shall prevail, subject to recourse to
the court by the wife for proper remedy, which must be availed of within five years from the
date of the contract implementing such decision"

Article 211 of the Family Code of the Philippines

• "The father and the mother shall jointly exercise parental authority over the persons of their
common children. In case of disagreement, the father's decision shall prevail, unless there is
a judicial order to the contrary"

Article 225 of the Family Code of the Philippines

 • "The father and the mother shall jointly exercise legal guardianship over the property of the un-
emancipated common child without the necessity of a court appointment. In case of
disagreement, the father’s decision shall prevail, unless there is a judicial order to the
contrary"

C. Higher burden on women/wives than men/husbands:

Various personal laws also present a picture of inequality in its provisions apart from the marital
laws:
1. The crime of adultery (Article 333 of the Revised Penal Code)
2. The crime of concubinage (Article 334 of the Revised Penal Code)
3. Disputable presumptions (Rule 131, Section 3 jj of the Rules of Court) and the
Removal of criminal liability for rapists under RA 8353
4. Gender equality issues on night work prohibition (Article 130 of the Labor Code)
5. Vagrants and prostitutes pertain only to women (Article 202 of the Revised Penal Code)

1. Adultery involves a wife who engages into sexual intercourse with a man not her husband.
2. Concubinage involves a husband who has (1) sexual intercourse with a woman not his wife
under scandalous circumstances; (2) kept another woman in the conjugal home; or (3)
cohabitating with another woman in another dwelling.
• The penalty of imprisonment is imposable on paramour in adultery.
• The penalty of destierro or banishment falls on all concubines.

3. Forgiveness Clause in the Crime of Rape (RA 8353 or the Anti-Rape Law)
 In the law, it stated that "subsequent valid marriage between the offender and the offended
party shall extinguish the criminal action or the penalty imposed."
 It also recognizes that "if the offender is the legal husband, the subsequent forgiveness by
the wife who is the offended party shall extinguish the criminal action of the penalty."

4. Exclusive Definition of Prostitution

 Article 202 of the Revised Penal Code, amended by Republic Act No. 10158, retained the
decades-old definition of prostitutes as "women who, for money or profit, habitually engage in
sexual intercourse or lascivious conduct'
 Following this definition, a man who peddles sexual acts for profit, is in effect, invisible in the
eyes of law, thus making the actor thereof immune to imprisonment.

Summary…
 The Family Code contains marital laws that include provisions which depicts gender inequality.
 Legislation's on “Same Sex Marriage" are good initiatives to address issues on gender inequality
in marital laws.
 Criminal laws are not that different as clearly, some provisions therein, favor the male sex over
the female sex. Worse, this pertains to crimes, involving penalties for imprisonment.
 CHAPTER 4.5 LESSON 21

CRITIQUE ON THE RESPONSIBLE

PARENTHOOD AND REPRODUCTIVE
HEALTH ACT OF 2012, REPUBLIC ACT
NO. 10354 ALSO KNOWN AS RH LAW

OBJECTIVES:
1. Understand fully the background, rationale, salient provisions and potential impacts of the
“Responsible Parenthood and Reproductive Health Act of 2012” or RA 10354
2. Have a stand/position on whether you agree or disagree on the existence and legality of the said
law.

DEFINITION OF TERMS:

6. Reproductive Health (RH)

Refers to the state of complete physical, mental and social well-being and not
merely the absence of disease or infirmity, in all matters relating to the reproductive
system and to its functions and processes. This implies that people are able to have a
responsible, safe, consensual and satisfying sex life, that they have the capability to
reproduce and the freedom to decide if, when, and how often to do so. This further
implies that women and men attain equal relationships in matters related to sexual
relations and reproduction.
7. Reproductive Health Care
Refers to the access to a full range of methods, facilities, services and supplies
that contribute to reproductive health and well-being by addressing reproductive health-
related problems. It also includes sexual health, the purpose of which is the
enhancement of life and personal relations.
8. Reproductive Health Rights
Refers to the rights of individuals and couples, to decide freely and responsibly
1. Abortifacient
whether or not
Refers to to have
any drugchildren;
or devicethe
thatnumber,
induces spacing
abortion and timing
or the of their
destruction of children; to the
a fetus inside
make other decisions concerning reproduction, free of discrimination, coercion and
mother’s womb or the prevention of the fertilized ovum to reach and be implanted in the mother’s
violence;
womb todetermination
upon have the information and means to do so; and to attain the highest standard
of the FDAs.
of sexual health and reproductive health: Provided, however, that reproductive health
2. Adolescent
Refers
rights do not to youngabortion,
include people between the ages
and access of ten (10) to nineteen (19) years who are in
to abortifacients.
transition from childhood to adulthood.
3. Family Planning
Refers to a program which enables couples and individuals to decide freely and
responsibly the number and spacing of their children and to have the information and means to
do so, and to have access to a full range of safe, affordable, effective, non-abortifacient modem
natural and artificial methods of planning pregnancy.
4. Maternal Health
Refers to the health of a woman of reproductive age including, but not limited to, during
pregnancy, childbirth and the postpartum period.
5. Male Responsibility
Refers to the involvement, commitment, accountability and responsibility of males in all
areas of sexual health and reproductive health, as well as the care of reproductive health concerns
specific to men.
 INTRODUCTION
In the past, it is quite common for your grandparents to have seven or eight siblings, and some
may even have more than that. Nowadays, this is not common as most couples settle for two or three
kids as compared to the previous generations.

In taking care of a child, there are various things that a person will need. These include milk,
feeding bottle, clothes, baby shampoo, a crib, diapers, and many more. These items are essentials that
babies must use during their early months. The cost of these items will enable you to assess whether you
are prepared to become a parent or not.

RATIONALE OF THE RH LAW

Pursuant to the declaration of State policies under Section 12, Article II of the 1987 Philippine
Constitution, it is the duty of the State to protect and strengthen the family as a basic autonomous social
institution and equally protect the life of the mother and the life of the unborn from conception. The
State shall protect and promote the right to health of women especially mothers in particular and of the
people in general and instill health consciousness among them.

The family is the natural and fundamental unit of society. The State shall likewise protect and
advance the right of families in particular, and the people in general to a balanced and healthful
environment in accord with the rhythm and harmony of nature. The State also recognizes and guarantees
the promotion and equal protection of the welfare and rights of children, the youth, and the unborn.

The “Responsible Parenthood and Reproductive Health Act of 2012” or RA 10354, also known
as the RH Law was primarily enacted on a vision that the poor will have access to Reproductive Health
(RH) goods and services which they cannot afford.

12 ELEMENTS OF REPRODUCTIVE HEALTH CARE:

1. Family Planning Information and Services

Family planning information and

services which shall include as a first priority
making women of reproductive age fully
aware of their respective cycles to make them
aware of when fertilization is highly
probable, as well as highly improbable.

Proper family planning allows

individuals to achieve desired birth spacing
and family size and contributes to improved
health outcomes for infants, children,
women, and2. families.
Maternal, Infant and Child Health and Nutrition, Including Breastfeeding

Good nutritional status before,

during, and after pregnancy optimizes
maternal health and reduces the risk of
pregnancy complications, birth defects and
chronic disease in the child.

Improving maternal, infant, and

child health and nutrition expands
opportunities for every child to reach his
or her full potential. When not provided
proper nutrition in-utero and early
childhood, it can result to stunting and can
have a devastating impact on the healthy
growth and development of a child.
 3. Proscription of Abortion and Management of Abortion Complications

Abortion complications include

infection which can be the result of a failure
to exercise universal precautions prior to the
procedure such as hand washing, surgical
glove use, proper sterilization of the field,
use of non-sterile instruments. This may
then lead to a possible sepsis. Injury from
the procedure itself may also be one of the
complications. This injury may depend upon
the method used and may include vaginal or
cervical lacerations, as well as uterine, bowel
or bladder injury.

4. Adolescent and Youth Reproductive Health Guidance and Counseling

Guidance and counseling for

adolescents aims to enable adolescents to
realize their full potential and total well-
being by enabling them to make responsible
decisions. It also aims to provide a safe, non-
judgmental space in which teenagers are
encouraged to talk about the issues they are
facing.

5. Prevention and Treatment of STDs

 4.Prevention of STDs:
Vaccination - examples of important vaccines now available are those offering
1. Abstinence
protection– against
avoiding sexual Bcontact
hepatitis and somewithstrains
other of human papilloma virus
people
(HPV).
2. Barrier Contraceptives – contraceptives such as
condoms provide a barrier against the contraction of
STDsTreatment
from an of STDs individual
infected This element seeks to eliminate violence because it
3. 1.Sexual
Treatment
Healthwill depend- on
Checks is a human
the causative
attending rights
organism
a sexual violation and it has immediate and
health
2.screen
Antibiotics
beforefor bacterial in
engaging long-term
infections
sexual physical,
contact with sexual
a and mental consequences
3.partner
Parasitic infections such which
as cases
lice andcan be devastating. This violence may
scabies are treated with shampoos even result
or creams
helps to prevent new of infection.
to death. Violence negatively affects women’s general
that contain insecticides.
well-being and prevents women from fully participating
in society and being productive.

6. Education and Counseling on Sexuality and Reproductive Health

 7. Treatment of Breast and Reproductive Tract Cancers and Other Gynecological
Conditions and Disorders

One of the ways in which

undesirable pregnancy and sexually
transmitted diseases is prevented is
through sex education. This teaches
Filipinos about safe sex and the challenges
of being a mother.

8. Male Responsibility and Involvement and Men’s Reproductive Health

Breast cancer is a cancer that forms

in the cells of the breasts. This kind of
cancer can occur both in men and women,
but it’s far more common in women. On
the other hand, reproductive tract cancers
are cancers that occur in the reproductive
organs.

9. Male Responsibility and Involvement and Men’s Reproductive Health

Filipino males play a dominant role in decision

making in relationship and family matters. Involving males
in women’s reproductive health significantly increases the
chances of improved reproductive health and well-being of
women and children.
10. Prevention, Treatment, and Management of Infertility and Sexual
Dysfunction

Treatments for infertility can range

from medications to embryo implantation
through assisted reproductive technology
(ART). There are treatments that are
specifically for men or for women and some
that involve both partners. In 85% to 90% of
cases, infertility is treated with conventional
therapies such as medication or surgery. In
addition, treatments for sexual dysfunctions
may include treating the underlying physical
or psychological problems. When a
medication is the cause of the dysfunction, a
change in the medication may help. Men and
women with hormone deficiencies may
benefit from hormone shots, pills or creams.
11. Reproductive Health Education for the Adolescents
 12. Mental Health Aspect of Reproductive Health Care

It is important to remember that the

reproductive health care does not merely mean the
absence of any disease, but also includes the mental
health aspect of the individual.

SALIENT PROVISIONS:

1. Midwives for Skilled Birth Attendance

 Skilled Birth Attendance - refers to childbirth managed by a skilled health

professional including the enabling conditions of necessary equipment and
support of a functioning health system, including transport and referral
faculties for emergency obstetric care.

The law mandates every city and municipality to employ an adequate number of
midwives and other skilled attendants.

Skilled attendants refer to the midwives, doctors, nurses, or someone who has
been educated and trained in the skills needed to manage normal and complicated
pregnancies, childbirth and the immediate postnatal period, and in the identification,
2. EmergencyinObstetric
management and referral of complications women andCare
newborns.

 Comprehensive Emergency Obstetric and

Newborn Care (CEMONC) – refers to lifesaving
services for emergency maternal and newborn
conditions/complications as in Basic Emergency
Obstetric and Newborn Care plus the provision
of surgical delivery (caesarian section) and
blood bank services, and other highly
specialized obstetric interventions.

Each province and city shall ensure the

establishment and operation of hospitals with
adequate facilities and qualified personnel that
provide emergency obstetric care.

It also includes emergency neonatal care which

includes at the minimum: newborn resuscitation,
treatment of neonatal sepsis infection, oxygen
support, and antenatal administration of (maternal)
steroids for threatened premature delivery.
 3. Hospital-Based Family Planning

 Family Planning - refers to a program which enables couples and individuals to

decide freely and responsibly the number and spacing of their children and to
have the information and means to do so, and to have access to a full range of
 Contraceptives – refers
safe, affordable, to medicines
effective, and
non-abortifacient modem natural and artificial
other devices that are used
methods of planning pregnancy.to prevent
unwanted pregnancy.
The law requires family planning services like ligation, vasectomy, and intrauterine
Reproductive
device (IUD) tohealth products shall
be available in allbe considered hospitals.
government
essential medicines and supplies and shall form part
 Tubal Ligation – is a minor surgical of
procedure which blocks the fallopian tubes
the National Drug Formulary.
with small clips.
5. Reproductive Health Education
 Vasectomy - is a form of male birth control that cuts the supply of sperm to your
semen. It's done by cutting and sealing the tubes that carry sperm
 IUD - is a T-shaped
 Reproductive Healthpiece of plastic placed
and Sexuality inside the
Education uterus.
- refers to The piece oflearning
a lifelong plastic
contains
process copper or a and
of providing synthetic progesterone
acquiring hormone
complete, that and
accurate prevents pregnancy.
relevant The
age- and
device releases a constant low dose of a synthetic hormone continually
development-appropriate information and education on reproductive health throughout
the day.
and sexuality
Employers through
shall respectlife
theskills education and other approaches.
reproductive health rights of all their
workers.RHWomen
education 4.shall
shall not be
be taught by adequately
as Essentialtrained
discriminated
Contraceptives teachers in an age-
Medicines
appropriate manner. The State shall
in the hiring, regularization of employment provide age- and development-appropriate
reproductive
status, health
or selection education to adolescents which shall be taught by adequately
for retrenchment.
trained teachers
Employers informal
shall provide free and nonformal educational system and integrated in
reproductive
relevant subjects such as, but not
health services and education to workers. limited to, values formation; knowledge and skills
in self-protection against discrimination; sexual abuse and violence against women
and children and other forms of gender based violence and teen pregnancy;
physical, social and emotional changes in adolescents; women’s rights and
children’s rights;ACTS:
PROHIBITED responsible teenage behavior; gender and development; and
7. Capability
responsible Building of Community-Based Volunteer Workers
parenthood.
Community-based workers shall undergo additional training and updated
training on the delivery of reproductive health care services and shall receive not less
than 10% increase in honoraria upon successful completion of training.
6. Employers’ Responsibility
The DOH shall be responsible for disseminating information and providing
training programs to the LGUs. The LGUs, with the technical assistance of the DOH,
shall be responsible for the training of BHWs and other barangay volunteers on the
promotion of reproductive health.

The DOH shall provide the LGUs with medical supplies and equipment needed
by BHWs to carry out their functions effectively: Provided, further, that the national
government shall provide additional and necessary funding and other necessary
assistance for the effective implementation of this provision including the possible
provision of additional honoraria for BHWs.

1.Knowingly withholding or impeding the dissemination of information about the programs and
services provided for in this Act or intentionally giving out incorrect information.
2.Refusing to perform voluntary ligation and vasectomy and other legal and medically-safe
reproductive health procedures on any person of legal age on the ground of lack of spousal consent
or authorization.
3.Refusing to provide reproductive health care services to an abused minor and/or an abused
pregnant minor, whose condition is certified to by an authorized DSWD official or personnel, even
without parental consent particularly when the parent concerned is the perpetrator.
4.Refusing to extend reproductive health care services and information on account of the patient’s
civil status, gender or sexual orientation, age, religion, personal circumstances and nature of work.
5.Requiring a female applicant or employee, as a condition for employment or continued
employment, to involuntarily undergo sterilization, tubal ligation, or any other form of
contraceptive method.
 LEGISLATING RH
The road to the enactment of the RH Law was a painstaking path. The main blockade of
legislating the RH Law was the constitutional provision, particularly that provided in Article II, Section
12 of the 1987 constitution which mandates that:

“The State recognizes the sanctity of life… it shall equally protect the life of the mother and the
life of the unborn from conception.” In this regard, the 1987 constitution itself mandates that the
Philippine congress must recognize the importance of life of both the mother and the unborn.

Artificial family planning methods (IUDs, condoms, etc) are labeled as “anti-life” and against
conception. And thus, against the sanctity of life making the law contrary to the fundamental law of the
land.

“Pro-life” groups strongly advocate the use of natural methods (abstinence, calendar methods).

PRO-LIFE VS. PRO-CHOICE

What this debate are missing out is clearly the spirit of the law to allow women to choose freely
whatever method of family planning is fit and appropriate to them. Claiming that one is better than the
other delimits the supposedly “free choice” that women truly deserve.

THE LONG POLITICAL BATTLE

Talks about a unified reproductive health policy had been roaming the spheres of the Philippine
government way back the 1960s with the creation of the population commission which is a measure of
population control to manage high fertility rates and alleviate poverty. With this law, the backlash of the
CBCP (Catholic Bishops Conference of the Philippines) was unrelenting. The RH Law was a product of
a 14-year struggle.

After its enactment, lobbyists of this law thought that victory was already achieved. However, on
March 2013, the law was challenged before the SC of the Philippines, delaying its full implementation.
A year after, the law was held to be valid, except for clauses therein, that allowed minors to access
reproductive health services without the written consent of a guardian and penal measures for
government officials who did not implement the law.
 Allows women, especially those who are poor to have a choice in their family planning methods.
 It is a given that the Catholic Church will vehemently oppose this move and will keep doing so
because of what they believe in and what they fight for.
 No matter the debates and the long winding journey, the RH Law is now implemented, and it is
expected that all actors must comply to the law.

The Responsible Parenthood and Reproductive Health Act of 2012 or RA 10354 was truly a
landmark legislation which has the noblest intention of allowing women, especially those who are poor
to have a choice in their family planning methods.