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This document is about gender and society, including the Anti-Violence Against Women and Their Children Act (RA No. 9262). It discusses the various issues and approaches to gender inequality. The document also includes details about the cycle of violence and battered woman syndrome.
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GENDER AND SOCIETY THE ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN (RA NO.9262) WHY ENACT A LAW PROTECTING WOMEN The following can be held liable for violation of ANDTHEIR CHILDREN? RA 9262: As a response to the need to address...
GENDER AND SOCIETY THE ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN (RA NO.9262) WHY ENACT A LAW PROTECTING WOMEN The following can be held liable for violation of ANDTHEIR CHILDREN? RA 9262: As a response to the need to address a) husband; the violence women and children experiences b) former husband; due to unequal power relations, Republic Act c) boyfriend; 9262 was signed on May 8, 2004 by then d) Ex-boyfriend; President Gloria Macapagal-Arroyo, with full e) live-in partner or ex-partner support of women’s rights and feminist groups. f) one with whom the woman has a common child; What is RA 9262? g) one with whom the woman has/had sexual - It is a special law, otherwise known as Anti- or dating relationship Violence against women and their Children Act of 2004 (Anti VAWC), which penalizes as a Can a woman be held liable for committing public crime certain acts of violence against violation of RA 9262? women and their children. Yes. A lesbian partner/girlfriend or ex-lesbian - partner/girlfriend can also be held liable for When was the law signed and became committing act or a series of acts effective? against another woman with whom the lesbian - The law was signed last March 8, 2004. It took has or had a sexual or dating relationship; effect on March 27. - PEOPLE OF THE PHILIPPINESVS. MARIVIC GENOSA What is “violence against women and their G.R. NO. 135981, JANUARY 15,2004 children”? FACTS - “Violence against women and their children” 1. Married couple: quarrel often and their fights (VAWC) is any act or a series of acts would become violent. Ben, a habitual committed against the victim which result in or drinker, became cruel to Marivic, he would is likely to result in physical, sexual, provoke her, slap her,pin her down on the psychological harm or suffering, or economic bed and beat her abuse including threats of such acts, battery, 2. Marivic tried to leave her husband at least assault, coercion, harassment or arbitrary five times, but Ben would always follow her deprivation of liberty. and they would reconcile 3. Night of killing: Marivic was 8 months Who is the woman victim protected under this pregnant and they fought, Ben beat her law? again. Marivic was able to run to another a) wife; or room. While he was sleeping, she killed him b) former wife; or using a gun. c) a woman with whom the offender has or 4. Convicted of parricide. had a sexual or dating relationship; or 5. Marivic claimed she was suffering from d) a woman with whom the offender has a Battered Woman Syndrome, which she said common child; to be the same as self-defense. Who are the children victims protected under the CYCLE OF BATTERING law? 1. TENSION-BUILDING PHASE “Children” means the abused woman’s children, 2. ACUTE BATTERING INCIDENT boy or girl alike, below 18 years old, whether 3. TRANQUIL, LOVING PHASE (NON-VIOLENT legitimate or illegitimate; person below 18 years PHASE) of age or older but who is unable to fully take care of himself/herself from abuse, neglect, TENSION-BUILDING PHASE cruelty, exploitation or discrimination because of During this stage, the Abuser become a physical or mental disability or condition. increasingly agitated and critical. They may start arguments, withdraw emotionally. Or become verbally abusive. The victim feels Who is the “offender”? they are walking on egg shells, traying to and the reality or even imminence of the danger avoid upsetting the abuser he posed had ended altogether. Ben was no longer in a position that presented an actual ACUTE BATTERING PHASE threat on her life or safety. This is the stage where the abuse erupts. The abuser may become physically violent, REPUBLIC ACT N0.9262 (MARCH 8,2004) verbally abusive, or emotionally abusive. The SECTION 26. BATTERED WOMAN SYNDROME AS A victim feels scared, trapped, and helpless DEFENSE WHY WOMEN AND CHILDREN ONLY? "As I said earlier, there are nameless, countless, voiceless women who have not had the opportunity to file a case against their spouses, their live-in partners after years, if not decade, of battery and abuse. If we broaden the scope to include even the men, assuming they can at all be abused by the women or their spouses, then it would not equalize the already difficult situation for women, Mr. President.' "Whether we like it or not, it is an unequal world. Whether we like it or not, no matter how empowered the women are, we are not given equal opportunities especially in the domestic environment where the macho Filipino man would always feel that he is stronger, more superior to the Filipino woman. --Deliberations on the proposed law by the Senate as mentioned in AAA vs. BBB, Gr. No. 212448, January 11, 2018 R.A. NO.9262 (MARCH 8,2004) AS A PUBLIC CRIME, IT PENALIZES ALL ACTS OF VIOLENCE BY A PERSON/PERSONS AGAINST WOMEN AND THEIR CHILDREN REMEDIES ACTS OFVIOLENCE TRANQUIL, LOVING PHASE (NON-VIOLENT) PHYSICAL ABUSE After the abuse, the abuser apologizes and SEXUAL ABUSE promises to change. They may shower the PSYCHOLOGICAL ABUSE victim with affection and gifts. The victim ECONOMIC ABUSE wants to believe that the abuser is sincere and that things will be different this time. PHYSICAL VIOLENCE CALM PERIOD ANY ACT THAT INVOLVES BODILY OR This is a temporary period of peace and PHYSICAL HARM normalcy. The abuser is on their best Mutilation, physical injuries, maltreatment behavior and the victim feels hopeful that the abuse is over. However, the calm period SEXUAL VIOLENCE is an illusion. The tension will eventually start Rape, sexual harassment, acts of to build again, and the cycle will repeat. lasciviousness RULING OF THE COURT IN PP: VS. GENOSA treating the woman or her child as a sex Here, there was a sufficient time interval object between the unlawful aggression of Ben and Making demeaning and sexually suggestive her fatal attack upon him. In fact, she remarks Physically attacking the sexual parts of the had already been able to withdraw from his violent behavior and escape to their children's victim's body bedroom The attack had apparently ceased Forcing the woman or her child to watch application or in the course of the hearing obscene publication or shows and effective for 30 days. Forcing the woman or the child to do 3. PERMANENT PROTECTION ORDER (PPO) - indecent acts issued by the court after notice and hearing Forcing the wife to live with the mistress in the and effective until revoked by the court conjugal home or to sleep together in the upon application of the person in whose same room with the abuser favor the order was issued. Prostituting the woman or her child BARANGAY PROTECTION ORDER PSYCHOLOGICAL VIOLENCE ISSUED BY THE PUNONG BARANGAY OR IN ANY ACT OR OMMISSION THAT CAUSES HIS ABSENCE, ANY BARANGAY KAGAWAD MENTAL AND EMOTIONAL PAIN EMOTIONAL RESPONDENT TO STOP COMMITTING OR OTHER FORMS OF PSYCHOLOGICAL VIOLENCE THREATENING VIOLENCE HARM TO THE Harassment VICTIM Stalking EFFECTIVE FOR 15 DAYS Damage to property Public ridicule or humiliation WHO MAY APPLY? Repeated verbal abuse PARENTS OR GUARDIANS ASCENDANTS/DESCENDANTS AND RELATIVES ECONOMIC VIOLENCE UP TO THE 4TH CIVIL DEGREE ACTS THAT MAKE OR ATTEMPT TO MAKE A SOCIAL WORKERS WOMAN FINANCIALLY DEPENDENT POLICE OFFICERS FORMS OF ECONOMIC ABUSE LAWYER - Depriving the woman or her children financial HEALTHCARE PROVIDER OF THE VICTIM support 2 PERSONS PERSONAL KNOWLEDGE OF THE - Preventing the woman to engage in a COMMISSION OF A CRIME legitimate profession or business - Controlling the woman's money or property TEMPORARY/PERMANENT PROTECTION ORDER - Controlling the common money or conjugal ISSUED BY THE COURT property TPO IS EFFECTIVE FOR 30 DAYS PPO IS ISSUED AFTER NOTICE AND HEARING PERSON OR PERSONS EFFECTIVE ANYWHERE IN THE PHILIPPINES present or past husband What is “confidentiality” rule under the law? live-in partner All records pertaining to cases of VAWC boyfriend/girlfriend including those in the barangay shall be dating partner confidential and all public officers and the person with whom the woman has a employees and public and private clinics or child hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be PROTECTION ORDER - an order issued for the published, in any format, the name, address, purpose of preventing or safeguarding further telephone number, school, business address, acts of violence against a woman or her child, employer, or other identifying information of a minimizing any disruption in the victim's daily life, victim or an immediate family member, without and facilitating the opportunity and ability of the the latter’s consent, shall be liable to the victim to independently regain control over her contempt power of the court. life “Pursuant to Section 44 of Republic Act (RA) No. KINDS OF PROTECTION ORDER 9262, otherwise known as the Anti-Violence 1. BARANGAY PROTECTION ORDER (BPO) - Against Women and Their Children Act of 2004, issued by the Punong Barangay, or in his and Section 63, Rule XI of the Rules and absence the Barangay Kagawad, ordering Regulations Implementing RA 9262, the real the perpetrator to desist from causing or name of the child-victim is withheld to protect threatening to cause physical harm or bodily his/her privacy. Fictitious initials are used instead injury against the offended party. This is to represent him/her. Likewise, the personal effective for 15 days. circumstances or any other information tending 2. TEMPORARY PROTECTION ORDER (TPO) - to establish or compromise his/her identity, as issued by the court on the date of filing of the well as those of his/her immediate family or household members shall not be disclosed.” Framework of Understanding the origins of What is the penalty imposed for violation of gender Issues “confidentiality” rule? Any person who violates confidentiality of VAWC cases shall suffer the penalty of one (1) year imprisonment and a fine of not more than Five Hundred Thousand Pesos (P500,000.00). ROLE OF MEN IN ENDING/ REDUCING GENDER BASED VIOLENCE - Change the attitude, behavior and perspective of men that “MEN ARE SUPERIOR Gender sensitivity TO WOMEN” is not a war of the sexes; - Reaching out to young people especially is not anti-male; boys through education. both women and men are victims of gender inequity, although the victims are more often DO NOT TOLERATE DOMESTIC VIOLENCE, BE PART women than men; and OF THE SOLUTION! both women and men have a stake in the "Whenever violence occurs in the family, the struggle for gender equity. police treat it as a private matter and advise the parties to settle the conflict themselves. Once GENDER STEREOTYPING the complainant brings the case to the Tendency to ascribe particular traits, prosecutor, the latter is hesitant to file the characteristics, roles distinctly to a man or a complaint for fear that it might later be woman. withdrawn. This lack of response or reluctance to A form of prejudgment, bias or limitation be involved by the police and prosecution given to roles and expectation of males and reinforces the escalating, recurring and often females serious nature of domestic violence." Examples: - Secretary/Nurses are women "IF WE ARE TO FIGHT DISCRIMINATION AND - Drivers are me INJUSTICE AGAINST WOMEN WE MUST START FROM THE HOME FOR IF A WOMAN CANNOT BE MEN SAFE IN HER OWN HOUSE THEN SHE CANNOT BE o Good in Math and Science EXPECTED TO FEEL SAFE ANYWHERE" o Physically strong o Firm decision-makers WOMEN o Good in arts and less intellectual pursuits o Physically weaker and fragile GENDER FAIR AND ISSUES IN EDUCATION o Fickle minded in decision-making GENDER a social construct that impacts attitudes, Gender Bias roles, responsibilities, and behavioral Gender Bias is preference toward one patterns. gender over the gender Gender Bias occurs when people make Global Campaign In Education assumptions regarding behaviors, abilities of Education can play a key role in challenging others based upon their gender gender based violence and transforming patriarchal societies into ones that value Gender Bias in School equity inclusion and justice. Operates in almost all facets of school life According to CEDAW, the elimination of Curriculum: subject Matter, learning prejudices and customary and all other experience, evaluation practices which are based on the idea of Education Materials: Content; Language; the inferiority or the superiority of either of the Illustration sexes or on stereotyped roles for men and Examination: Assessment techniques, women constitutes the main challenge to Questions identify new education policies. School Organization Boys are underperforming in key education indicators compared to girls. – PCW There is tendency that female rate of retention is higher for each level of education. Parents’ decision to have their sons help them earn a living rather than go to school. ENROLMENT RATES DROP-OUT RATES RETENTION TRANSITION “Schooling, even at the basic education level is not perceived by many parents in rural and remote areas valuable for the family in the short term. Changing the mindset of parents is necessary.” Education and re-education about the origins The Family Education Program of gender issues will help pave the way to respect for human rights and gender equality “In order to seriously meet the goal of gender equality, the global discourse must go beyond numbers and embrace a life-outcomes approach.” – Dr. Urvashi Sahni INSTRUCTION Guidelines for Engendering the Curriculum Review assessment procedures Forms of evaluation Integrating Gender in Course Test construction Syllabus Teachers need to be trained in understanding how their perceptions or expectations of male and female students may influence how they assess students’ progress, mark test and provide formal, nonformal, or alternative approaches to feedback. basic education. Access is defined broadly and GENDER EQUALITY FRAMEWORK 5 encompasses POLICY MAKING initial enrollment, persistence, attendance, and School management: retention in an education system. Responsible to formulate , apply and monitor rules and regulations that will transform the INTERVENTIONS: school into a gender responsive environment. Establish safe schools or learning centers that Provide human resources for efficient gender are near students’ homes responsive management and governance of Form advisory committees in which teachers the school. monitor girls’ and boys’ participation in school and intervene when necessary. Provide scholarships for children at risk to encourage better attendance while simultaneously raising the issue of the importance of education with parents. Provide accelerated learning programs to help students whose education was interrupted by war or other hardships to achieve grade-level equivalencies and potentially re-enter the formal school system. EQUALITY IN THE LEARNING PROCESS refers to pedagogic processes and the school environment, both of which have a significant impact on how and what students learn. Girls and boys should receive equitable treatment and attention and have equal opportunities to learn. This means that all students ought to be exposed to the same curricula, although the coursework may be taught differently to accommodate the different learning styles of boys and girls. In addition, all learners should experience teaching methods and materials free of stereotypes and gender bias, and have the same freedom to learn, explore, and develop skills in all academic and extracurricular settings. INTERVENTIONS: Train curriculum developers, textbook writers, administrators, managers, and teachers in classroom gender dynamics prior to developing new curricula. Gender Equality Framework Train teachers in inclusive teaching practices to help them integrate students who have been marginalized due to poverty, ethnicity, language, or discrimination based on their sex. Include life skills programs for boys and girls that allow them to talk about gender roles and that provide them with positive images of masculinity and femininity. EQUALITY OF EDUCATIONAL OUTCOMES means that girls and boys enjoy equal opportunities to achieve and outcomes are based on their EQUALITY OF ACCESS means that girls and boys individual talents and efforts. To ensure fair are offered equitable opportunities to access chances for achievement, the length of school careers, academic qualifications, and diplomas “School is an important agency of formal should not differ based on a person’s sex. education. It plays a major role to eliminate gender disparities.” INTERVENTIONS: Train teachers to understand how their Gender Issues in the Economy perceptions or expectations of male and female students may influence how they Definition of Terms assess students’ progress, mark examinations, Labor-activities pertaining to developing and provide feedback. goods and delivering services for economic Review existing tests, examinations, and reasons assessments to determine whether the Work-is often understood as livelihood. It is a examples and language used are free of seen as a survival mechanism for many as gender bias and stereotypes. Remove any work provides money necessary to buy goods gender-specific content and ensure that for person to live. examples reflect a balance in girls’ and boys’ Workforce- a sector in the population experiences. engaged in economic and productive activities EQUALITY OF EXTERNAL RESULTS is achieved when the status of men and women; their access to “Both men and women have problems goods and resources; and their ability to concerning work, women have specific labor contribute to, participate in, and benefit from issues related to their gender. Moreover, economic, social, cultural, and political activities women’s work often invisibilized due to their are equal. This implies that career opportunities, socialized gender roles” the time needed to secure employment after leaving full-time education, and the earnings of 2015 UN Worlds Women Report men and women with similar qualifications and There are fewer women than men at work, experience are equal. While there is no and most women only work in one sector. guarantee that outcomes will be the same for Only half of women are employed in the those with the same level of education, ideally, labor force, versus three quarters of men equality in the educational process “unlocks globally. equal opportunities for men and women post- The type of work women are engaged in is schooling” (UNESCO 2005) also difficult to comprehend. Despite women contributing to all aspects of the INTERVENTIONS: economy, they often participate in Provide leadership training for all genders. "vulnerable employment" or work on their Enact and enforce labor laws that ensure own account. It involves taking jobs with no equal opportunity. job security or with dangerous working Conduct social mobilization campaigns conditions. Women working in home-based aimed at increasing women’s and girls’ status employment are at risk for unemployment and value in society. and maltreatment. Women who work in the public sphere are delegated to the service Literacy Program across the Continuum of sector, such as education, social work, Approaches health care, and domestic work in private households. This phenomenon is called the occupational segregation of women. While many issues concerning women and work have yet to be addressed, some issues have gained ground, such as maternity and paternity leaves. Thankfully, the number of paid workdays that can be taken by a woman to care for her newborn child has increased in most countries. There has also been an increase in initiatives for paternity leave. Employment Sector Agriculture Women are still strongly tied to their traditional roles as mother. In agricultural activities their primary task is to Entrepreneurship prepare food to be brought to the field There has been a rapid surge in the number during meal time or sometimes engaged in and proportion of female entrepreneurs in planting rice but women farmers do not developing countries (Minniti and Naude have an equal opportunity to acquire land 2010, 280). Studies indicate that female-led register to their own names. MSMEs increases employment opportunities They have fewer inheritance rights than for women and contribute to wider male farmers. development goals nd ILO 2013a). Land ownership are important not only to women’s ability to earn income, but also as Labor Laws that protect women in the a source of empowerment and autonomy Workplace. within the household. Anti-Sexual Harassment Act No. 7877 of 8 February 1995 is an example of good Industry and Manufacturing legislative practice. The number of women working in economic zones is estimated to represent 64% of total The Magna Carta of Women (Republic Act employment and may be much higher in 9710) is an overall legislative framework that some industries, such as electronics a (World articulates the specific rights, needs, and Bank 2011a). support required by women in their general Reports suggest that working and living and working lives. Although the Magna conditions are poor, that women find it Carta of Women provides a good legislative difficult to obtain work while pregnant and framework implementation issues remain. after the birth of their Filipino women often do not know about their rights, an the complaints system is Tourism confusing even if they do. Within the tourism industry, relatively few women have the educational qualifications Republic Act 10361 known as the "Batas or foreign language skills to compete for Kasambahay" (Domestic Workers Act)-order front-of-house positions in the hotel industry, better protect this large group of mostly as tour guides, or in travel agencies, and young, female workers. women are more likely to be employed housekeepers, waitresses, or similar low-level The country's 1987 Constitution has positions. enshrined these rights in Section 3, Article XIII Targeted educational programs could (Bill of Rights), and in Section 14, Article II, provide women with the necessary which ensures fundamental equality of qualifications to climb the job ladder, which women and men before the law. could progressively help to rectify the imbalance between work opportunities for Republic Acts: men and women and eliminate gender 6725, 7192, 7877, and 8551 gaps in tourism employment all provide for fundamental human rights protection, including Government Services antidiscrimination provisions, and they Public sector employment is an important ensure fundamental equality, source of jobs with better pay conditions for prohibition of sexual harassment, and women than many other industrial sectors, temporary special measures. but women are constrained by being predominately employed in traditional WOMEN’S ISSUES IN DEVELOPMENT gender stereotyped care sector Development is assessed in terms of; government occupations such as health GNP (Gross National Product) and education, and they are GDP (Gross Domestic Product) underrepresented in the higher paying - that growth is measured according subsectors. to how much a country is able to The Philippines has strong gender produce, consume and earn. mainstreaming programs, which has given - Development is a process that creates women greater access to government growth, progress, positive change or the employment generally, but women in the addition of physical, economic, civil sector may still underpaid, given their environmental, social and levels of education, experience, and ability. demographic components. WID (Women in Development) 1950s-1970s - The main focus of WAD is on the interaction - "By the 1970s, it became clear that women between women and development were being left out of development. They - Women, as a result, were being increasingly were not benefiting significantly from it and associated with backwardness and the in some instances, their existing status and traditional while men were increasingly position in society were actually worsened identified with modern and progressiveness by development. - The WAD perspective focusses on the - The Women in Development (WID) relationship between women and approached this issue-the exclusion of development processes rather than purely women from development program and on strategies for the integration of women approaches. WID saw women as a group into development. that lacks - Its point of departure is that women always - The main task, therefore, was to improve have been "integrated" into their societies women's access to resources and their and that the work they do both inside and participation in development. outside the household is central to the - The WID approach emphasized the maintenance of those societies, but that this importance of the integration of women into Integration serves primarily to sustain existing development programs and planning, international structures of inequality. designed to increase women’s productivity - WAD offers a more critical view of women's or income or to help ease their household position than does WID but it fails to tasks role and responsibilities. Accordingly, undertake a full-scale analysis of the this was the best way to improve women's relationship between patriarchy, differing position in society. modes of production and women's subordination and oppression. The WID perspective was closely linked with the modernization paradigm which WAD Approaches dominated mainstream thinking on The Equity Approach international development during the 1960s - Feminist calls for gender equality were and into the 1970s. important in bringing about this approach, It was argued that through massive the main aim of which was to eliminate expansion of education systems, stocks of discrimination. It emphasized the re-valuing well-trained workers and managers would of women's contribution and share of emerge; this in turn would enable the benefits from development. The equity evolution of static, essentially agrarian approach also dealt with both the societies into industrialized and modernized productive and reproductive roles as a ones. With the growth of the economies of responsibility of government. these countries, the benefits of - The equity approach, in contrast to the modernization, i.e. better living conditions, welfare approach, saw women as active wages, education, adequate health participants organizing to bring about services, etc. would "trickle down" to all necessary changes. segments of the society. By the 1970s, this view of modernization, The Anti-poverty Approach was being questioned by many researchers. - This approach focuses on both the It was argued that the relative position of productive and reproductive role of women women had, in fact, improved very little over with an emphasis on satisfaction of basic the past two decades. There was even needs and the productivity of women. A key evidence which suggested that the position operational strategy required access to of some women had declined. income generation and waged employment. The tendency with this WAD (Women and Development) 1950s-1970s approach was to reinforce the basic needs - As a result of criticisms of the WID approach, and ignore the strategic needs of women. the Women and Development (WAD) approach arose in the latter part of the The Efficiency Approach 1970s. Adopting a Marxist feminist - The efficiency approach aims to have approach, the main argument of WAD was increased production and economic that women had always been part of the growth with an emphasis on full use of development processes. WAD asserts that human resources. Advocates of this women have always been important approach argue that gender analysis makes economic factors. good economic sense. This is because understanding men's and women's roles and women, and across Asian and African responsibilities as part of the planning of countries, about half of all agricultural workers development activities helps improve are women. effectiveness and ensures that women, as - In some developing countries, 79% of women well as men, can play their part in national report agriculture as their primary economic development. activity. Their roles vary considerably between and within regions and are The Empowerment Approach changing rapidly in many parts of the world, - The aim of the empowerment approach is to where economic and social forces are increase the self-reliance of women and to transforming the agricultural sector. influence change at the policy, legislative, - Rural women often manage complex societal, economic, and other levels to their households and pursue multiple livelihood advantage. Its main strategy is awareness- strategies. Their activities typically include raising and situates women firmly as active producing agricultural crops, tending participants in ensuring change takes place. animals, processing and preparing food, working for wages in agricultural or other rural WID/WAD intervention strategies therefore have enterprises, collecting fuel and water, tended to concentrate on the development of engaging in trade and marketing, caring for income-generating activities without taking into family members and maintaining their homes account the time burdens that such strategies - Many of these activities are not defined as place on women. “economically active employment” in national accounts but they are essential to GAD (GENDER and DEVELOPMENT) the wellbeing of rural households. - The gender and development approach has - The Food and Agriculture Organization of the emerged in the 1980s as an alternative to the United Nations (FAO), estimates that if earlier WID focus. It finds its theoretical roots in women had access to the same productive socialist feminism and has bridged the gap resources as men, they could increase yields left by the. modernization theorists, linking the on their farms by 20-30%. This could in turn relations of production to the relations of reduce the number of hungry people in the reproduction and taking into account all world by 12-17 %. aspects of women's lives - In the Philippines, women are predominantly - the GAD approach starts from a holistic tied to their traditional roles as mother, wife perspective, looking at "the totality of social and housekeeper. They are often prevented organization, economic and political life in from entering the labor force because of the order to understand the shaping of particular gender role stereotyping, particularly in aspects of society" relation to reproductive responsibilities. - GAD is not concerned with women per se but - The majority of care work, such as cleaning, with the social construction of gender and cooking and caring for children or elderly, is the assignment of specific roles, usually performed by women and girls, and is responsibilities and expectations to women usually unpaid. This undermines women and and to men. girls’ rights, and limits their opportunities. - Women have an important role in almost Gender Issues in Agriculture areas of rice production and were also Agriculture is an essential industry that provides primarily tasked to prepare food to be brought most of the world’s food supply and all other to the field during meal time. agricultural products essential for humans and - Women’s scope of influence extends beyond animals. It is a purposeful work where the diverse household maintenance, it also includes activities are mostly performed by men. Women decisions relating to budget allocation for farm also play a vital role in the overall agricultural input expenses and productive activities. production of plant and animals, processing and marketing. Gender in Agriculture - In developing and low income countries, women occupied indispensable function in REPUBLIC ACT 11313 (SAFE SPACES ACT) BAWAL agricultural production in terms of workforce BASTOS LAW and produce most of the food for domestic (Safe Spaces Act) Bawal Bastos Law signed consumption. into law last APRIL 17, 2019 - In the global context, about 43% of workers who are engaged in agricultural activities are Implementing Rules and Regulations (IRR) was ensure that sexual harassment complaints in approved last OCTOBER 28, 2019 their respective institutions are addressed appropriately WHAT IS SAFE SPACES ACT (RA 11313) An act defining genderbased sexual WHAT DOES THE SAFE SPACES ACT COVER? harassment in streets, public spaces, online, The law covers all forms of gender- based workplaces, and educational or training sexual harassment (GBSH) committed in institutions, providing protective measures and public spaces, educational or training prescribing penalties. institutions, workplace, as well as online space. With the aim of ensuring an individual's sense of personal space and public safety, the Safe GENDER-BASED STREETS AND PUBLIC SPACES Spaces Act addresses genderbased sexual SEXUAL HARASSMENT harassment in public areas such as streets, GBSH in street and public spaces is defined as privately owned places open to the public, acts which are committed through any and public utility vehicles among others. It also unwanted and uninvited sexual actions or extends the protection even to cyberspace remarks against any person regardless of the and provides for prohibited acts and their motive for committing such action or remarks. corresponding penalties. PUBLIC SPACES BACKGROUND OF RA 11313 refer to streets and alleys, public parks, schools, An overwhelming 88% of women aged 18 to buildings, malls, bars, restaurants, 24 years old experienced sexual harassment in transportation terminals, public markets, the streets (SWS, 2010). While wolf whistling ant spaces used as evacuation centers, catcalling are the more common cases, other government offices, public utility vehicles as forms of sexual harassment include lascivious well as private vehicles covered by app-based language, stalking, rubbing or touching, transport network services and other indecent gestures, exhibitionism and public recreational spaces such as, but not limited to, masturbation. 58% of these incidents take cinema halls, theaters and spas. place on the streets and small alleys. They have also been reported to happen in public GENDER-BASED STREETS AND PUBLIC SPACES vehicles, washrooms, schools and workplaces. SEXUAL HARASSMENT The crimes of gender-based streets and public RA NO. 7877-ANTI-SEXUAL HARASSMENT OF 1995 spaces sexual harassment are committed The act is committed by a person who, having through any unwanted and uninvited sexual authority, influence or moral ascendancy over actions or remarks against any person another in a work or training or education regardless of the motive for committing such environment, demands, requests or otherwise action or remarks. requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted. SALIENT FEATURES OF THE SAFE SPACES ACT (BAWAL BASTOS LAW) Gender based sexual harassment Expands the scope of Anti Sexual Harassment Act of 1995 Strengths the administrative mechanisms against sexual harassment in workplaces and in educational and training institutions. Recognizes that sexual harassment can be committed between peers or by a subordinate to a superior , by a student to a teacher or by a trainee to a trainer. WHAT ARE THE ACTS OF GENDER-BASED SEXUAL Penalizes sexual harassment which also occurs HARASSMENT (GBSH) IN PUBLIC SPACES? in other environments such as public spaces Catcalling refers to unwanted remarks and online platforms. directed towards a person, commonly done in Outlines the additional duties and the form of wolf-whistling and misogynistic, corresponding liabilities for employers and transphobic, homophobic, and sexist slurs; heads of schools and training institutions to Wolf-Whistling - a two-note whistled sound show interest, especially to a person viewed as physically or sexually attractive Leering/Intrusive gazing - looking or gazing in a lascivious or unpleasant way Stalking - refers to conduct directed at a Taunting -a taunt is a battle cry, sarcastic person involving the repeated visual or remarks, gestures, or insult intended to physical proximity, nonconsensual demoralize the recipient, or to anger them communication, or a combination thereof and encourage reactionary behaviors without that cause or will likely cause a person to fear thinking. for one’s own safety or the safety of others, or Sexist Remarks or Slurs - statements that are to suffer emotional distress. indicative of prejudice, stereotyping, or discrimination on the basis of sex, typically Penalties against women Homophobic Remarks – are indicative of fear, hatred or aversion towards persons who are perceived to be or actually identify as lesbian, gay, bisexual, queer, pansexual and such other persons of diverse sexual orientation, NOTE: These offences may prescribe only 1-10 gender identity or expression, or towards any years person perceived to or actually have experienced same-sex attraction. DUTIES OF THE LGU Misogynistic Remarks or Slurs – statements that LGUs shall bear primary responsibility in are indicative of the feeling of hating women enforcing provisions. or the belief that men are inherently better Pass an ordinance which shall localize the than women applicability of this Act within 60 days of its Transphobic Remarks – statements that are effectivity. indicative of fear, hatred or aversion towards Disseminate or post in conspicuous place a persons whose gender identity and/ or copy of this Act and the ordinance. expression do not conform with their sex Provide measures to prevent gender based assigned at birth. sexual harassment in educational institutions o Persistent uninvited comments or gestures such as information campaigns and anti on a person’s appearance, relentless sexual harassment seminars. requests for personal details, statement of sexual comments and suggestions, public GENDER-BASED ONLINE SEXUAL HARASSMENT masturbation or flashing of private parts, includes acts that use information and groping, or any advances, whether verbal communications technology in terrorizing and or physical, that is unwanted and has intimidating victims through; threatened one’s sense of personal space Physical, psychological, and emotional and physical safety, and committed in threats, unwanted sexual misogynistic, public spaces such as alleys, roads, transphobic, homophobic and sexist remarks sidewalks and parks. and comments online whether publicly or o Making offensive body gestures at through direct and private messages, someone Invasion of victim’s privacy through o Exposing private parts for sexual cyberstalking and incessant messaging, gratification of the perpetrator with the Uploading and sharing without the consent of effect of demeaning, harassing, the victim, any form of media that contains threatening or intimidating the offended photos, voice, or video with sexual content, party including flashing of private parts, any unauthorized recording and sharing of public masturbation, groping and similar any of the victim’s photos, videos, or any lewd sexual actions. information online, Impersonating identities of victims online or posting lies about victims to harm their Penalties reputation, Filing false abuse reports to online platforms to silence victims WHAT ARE THE PENALTIES FOR ONLINE GBSH? employees, or those committed against a superior. The Safe Spaces Act addresses these gaps by recognizing that sexual harassment can be committed between peers, or by a subordinate to a superior officer. WHAT CAN A VICTIM OF WORKPLACE GBSH DO? The victim can file an administrative complaint with the Committee on Decorum and Investigation and/or file a civil and/or criminal case before the courts WHAT ARE THE RESPONSIBILITIES OF EMPLOYERS GENDER-BASED SEXUAL HARASSMENT IN THE UNDER THE LAW? WORKPLACE a) Disseminate or post in a conspicuous place The crime of gender-based sexual harassment in a copy of this Act to all persons in the the workplace includes the following: workplace; An act or series of acts involving any b) Provide measures to prevent gender-based unwelcome sexual advances, requests or sexual harassment in the workplace, such as demand for sexual favors or any act of sexual the conduct of antisexual harassment nature, whether done verbally, physically or seminars; through the use of technology such as text c) Create an independent internal mechanism messaging or electronic mail or through any or a committee on decorum and other forms of information and investigation to investigate and address communication systems, that has or could complaints of gender-based sexual have a detrimental effect on the conditions of harassment. an individual’s employment or education, job d) Provide and disseminate, in consultation performance or opportunities; with all persons in the workplace, a code of A conduct of sexual nature and other conduct or workplace policy. conduct-based on sex affecting the dignity of a person, which is unwelcome, unreasonable, PENALTIES UNDER THIS LAW and offensive to the recipient, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems; A conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the recipient: Provided, That the crime of gender-based sexual harassment may also be committed between peers and those committed to a superior officer by a subordinate, or to a teacher by a student, or to a trainer by a trainee; and IS SEXUAL HARASSMENT BETWEEN PEERS OR BY A SUBORDINATE TO A SUPERIOR NOW COVERED UNDER THIS LAW? Yes. The first law to penalize sexual harassment, Anti- Sexual Harassment Act of 1995 (Republic Act No. 7877) recognized that sexual harassment occurs in work, education, and training environments. However, it requires the existence of authority, influence or moral ascendancy between the offender and the offended party. It did not specifically address the issue of "hostile environment" resulting from sexual harassment between peers or co-