RA 9262 and RA 9710: Women's Laws in the Philippines (20XX) PDF

Chapter 4: Women’s Laws in the Philippines Lesson 1: Republic Act 9262 Anti-Violence against Women and their Children Act of 2004 Republic Act 9710 The Magna Carta of Women By: Lorlie A. Castro-Tampipi,  Discuss what is RA 9262 and RA 9710. Re...

Chapter 4: Women’s Laws in the Philippines Lesson 1: Republic Act 9262 Anti-Violence against Women and their Children Act of 2004 Republic Act 9710 The Magna Carta of Women By: Lorlie A. Castro-Tampipi,  Discuss what is RA 9262 and RA 9710. Recognize the importance of RA 9262 Objectives and RA 9710 in promoting the rights of women. Discriminate issues related to RA 9262 and RA 9710. 20XX presentation title 3 Introduction Violence against women (VAW) appears as one of the country’s pervasive social problems. According to the 2017 National Demographic and Health Survey conducted by the Philippine Statistics Authority, one in four Filipino women aged 15-49 has experienced physical, emotional, or sexual violence by their husbands or partner. It is indeed alarming that despite efforts to address the concern, VAW persists. Violence can negatively affect women’s physical, mental, sexual, and reproductive health, and may increase the risk of acquiring HIV in some settings. Violence against women is preventable. The health sector has an important role to play to provide comprehensive health care to women subjected to violence, and as an entry point for referring women to other support services they may need. Gender and Society – Chapter 4/Lesson 2024 4 1: RA 9262  Key Facts Estimates published by WHO indicate Violence against women – that globally about 1 in 3 (30%) of particularly intimate partner women worldwide have been violence and sexual violence – subjected to either physical and/or is a major public health sexual intimate partner violence or problem and a violation of non-partner sexual violence in their women's human rights. (WHO, lifetime. (WHO, June 2024) March 2021) Most of this violence is intimate partner One in four Filipino violence. Worldwide, almost one-third women aged 15-49 has (27%) of women aged 15-49 years who experienced physical, have been in a relationship report that emotional, or sexual they have been subjected to some form violence by their of physical and/or sexual violence by husbands or partner. their intimate partner. (WHO, 2021) (PSA, 2017) According to the World Health Organization's latest updates, violence against women, including intimate partner and sexual violence, remains a critical global health and human rights issue. Approximately one in three women worldwide have faced physical and/or sexual violence in their lifetime, often from intimate partners. WHO continues to emphasize that violence against women is rooted in gender inequality and significantly impacts health, economic well-being, and safety for women and girls globally. WHO, 2024 The most recent data from the Philippine Statistics Authority (PSA) indicates that around 17.5% of Filipino women aged 15-49 have experienced some form of physical, sexual, or emotional violence from an intimate partner. This figure, from the 2022 National Demographic and Health Survey (NDHS), reflects a slight reduction from the 2017 data, which previously reported that one in four women (approximately 25%) had endured such violence. While this reduction is an improvement, the prevalence of intimate partner violence remains significant in the Philippines, particularly affecting younger and economically disadvantaged women. ​ Philippine Commission on Women  What is VAWC under the law? It refers to "any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. Gender and Society – Chapter 4/Lesson 1: 2024 8 RA 9262  What is RA 9262? RA 9262 is the Anti-Violence Against Women and their Children Act of 2004. The Act classifies violence against women and children (VAWC) as a public crime. It seeks to address the prevalence of violence against women and children (VAWC), abuses on women and their children by their intimate partners like: a. Husband or ex-husband b. Live-in partner or ex-live in partner c. Boyfriend/girlfriend or ex-boyfriend/ex-girlfriend d. Dating partner or ex-dating partner It includes, but is not limited to, the following acts: 1. "Physical violence" refers to acts that include bodily or physical harm; Gender and Society – Chapter 4/Lesson 2024 10 1: RA 9262  2. "SEXUAL VIOLENCE" REFERS TO AN ACT THAT IS SEXUAL IN NATURE, COMMITTED AGAINST A WOMAN OR HER CHILD. a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser. 2024 Gender and Society – Chapter 4/Lesson 1: 11 RA 9262 B) ACTS CAUSING OR ATTEMPTING TO CAUSE THE VICTIM TO ENGAGE IN ANY SEXUAL ACTIVITY BY FORCE, THREAT OF FORCE, PHYSICAL OR OTHER HARM, OR THREAT OF PHYSICAL OR OTHER HARM OR COERCION. C) PROSTITUTING THE WOMAN OR HER CHILD.  VIOLENCE"  REFERS TO ACTS OR OMISSIONS CAUSING OR LIKELY TO CAUSE MENTAL OR EMOTIONAL SUFFERING OF THE VICTIM SUCH AS BUT NOT LIMITED TO INTIMIDATION, HARASSMENT, STALKING, DAMAGE TO PROPERTY, PUBLIC RIDICULE OR HUMILIATION, REPEATED VERBAL ABUSE, AND MARITAL INFIDELITY. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common 2024 children. Gender and Society – Chapter 4/Lesson 13 1: RA 9262 4. "Economic Abuse" refers to acts that make or attempt to make a woman financially dependent. This includes but is not limited to the following: a) withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business, or activity, except in cases wherein the other spouse/partner objects on valid, serious, and moral grounds as defined in  b) deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community, or property owned in common; c) destroying household property; d) controlling the victim's own money or properties or solely controlling the conjugal money or properties Gender and Society – Chapter 4/Lesson 2024 15 1: RA 9262  o Children are those below 18 years of age or older but are incapable of taking care of themselves (as stated in Republic Act 7610). It includes the biological children of the victim and other children under her care. o A dating relationship is one which has a romantic involvement. It means that a relationship existed between a woman and a partner who is abusive or has previously abused her, whether or not the relationship was formal. o Sexual relations refer to a single sexual act which may or may not result to a bearing of a child. Gender and Society – Chapter 4/Lesson 2024 16 1: RA 9262  o "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress. o "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. o "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof. o "Safe place or shelter" refers to any home or institution maintained or managed by the Department of Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the victim. Gender and Society – Chapter 4/Lesson 2024 17 1: RA 9262  Who gets protected under the law? o The law recognizes the unequal relations of a man and a woman in an abusive relationship where it is usually the woman who is disadvantaged. Thus, the law protects the woman and her children. o The victim, the child who is a minor (legitimate and illegitimate), and a person aged 18 years and beyond who doesn't have the ability to decide for herself/himself because of an emotional, physical and mental illness can make full use of the law. o Any child under the care of a woman is also protected under the law. Gender and Society – Chapter 4/Lesson 2024 18 1: RA 9262 What if the female victim commits violence against her partner? The law acknowledges that women who have retaliated against their partners or who commit violence as a form of self-defense may have suffered from Battered Women Syndrome (BWS). BWS is a "scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse" (Salient Features. A Guide to Anti-Violence Against Women and their Children [RA 9262]. Philippine Information Agency and National Commission on the Role of Filipino Women, 2004). Any victim who suffers from BWS should be diagnosed by a psychiatric expert or a clinical psychologist. This will also help the victim in obtaining a just decision in her case. The law does not allow the offender to have custody of minor children. Their care is still entrusted to the woman even if she is found to have BWS. Gender and Society – Chapter 4/Lesson 1: 2024 19 RA 9262  What if the male spouse/partner complains about abuses committed by his wife/partner? He may file a complaint or case under the Revised Penal Code. Gender and Society – Chapter 4/Lesson 2024 20 1: RA 9262  Who may file a petition for protection orders? A petition for protection order may be filed by any of the following: (a) the offended party; (b) parents or guardians of the offended party; (c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity; (d) officers or social workers of the DSWD or social workers of local government units (LGUs); (e) police officers, preferably those in charge of women and children's desks; (f) Punong Barangay or Barangay Kagawad; (g) lawyer, counselor, therapist or healthcare provider of the petitioner; (h) At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who has personal knowledge of the offense committed.  Penalti es: If the court has proven that the offender is guilty of the crime, he may be imprisoned and will be obliged to pay P100,000 to P300,000 in damages. The length of imprisonment depends on the gravity of the crime. If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the penalty to be applied shall be the maximum period of the penalty prescribed in the section. The offender is also obliged to undergo psychological counseling or psychiatric treatment. Being drunk or under the influence 2024 of prohibited drugs cannot be Gender and Society – Chapter 4/Lesson 1: RA 9262 22 Republic Act 9710 or Magna Carta of Women It was signed into law by President Gloria Macapagal-Arroyo on August 14, 2024 2009. Gender and Society – Chapter 4/Lesson 23 1: RA 9710 20XX presentation title 24 What is Magna Carta of Women (Republic Act No. 9710)? The Magna Carta of Women (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 to the marginalized sectors of society. Gender and Society – Chapter 4/Lesson 2024 25 1: RA 9710  As the primary duty-bearer, the Government is tasked to: refrain from discriminating against women and violating their rights; protect women against discrimination and from violation of their rights by private corporations, entities, and individuals; promote and fulfill the rights of women in all spheres, including their rights to substantive equality and non-discrimination. 2024 Gender and Society – Chapter 4/Lesson 26 1: RA 9710  What are the rights of women guaranteed under the Magna Carta of Women? Women’s rights are human rights. “All rights in the Constitution and those rights recognized under international instruments duly signed and ratified by the Philippines, in consonance with Philippine law, shall be rights of women under this Act to be enjoyed without discrimination.” (Section 8) Gender and Society – Chapter 4/Lesson 2024 27 1: RA 9710 Salient provisions: Protection from all forms of violence. Protection and security in times of disaster, calamities and other crisis situations, Participation and representation, Equal employment opportunities “Within the next five (5) years, the number of women in third (3rd) level positions in government shall be incrementally increased to achieve a fifty-fifty (50-50) gender balance.” Equal access and elimination of discrimination against women in education, scholarships and training. This includes revising educational materials and curricula to remove g ender stereotypes and images, and outlawing the expulsion, non-readmission, prohibiting enrollment and other related discrimination against women students and faculty due to pregnancy outside of marriage; 2024 Gender and Society – Chapter 4/Lesson 28 1: RA 9710  Equal participation in sports. Non-discrimination in employment in the field of military, police and other similar services. Non-discriminatory and non-derogatory portrayal of women in media and film to raise the consciousness of the general public in recognizing the dignity of women and the role and contribution of women in family, community, and the society through the strategic use of mass media; Comprehensive health services and health information and education covering all stages of a woman’s life cycle, and which addresses the major causes of women’s mortality and morbidity, including access to among others, maternal care, responsible, ethical, legal, safe and effective methods of family planning, and encouraging healthy lifestyle activities to prevent diseases; 20XX presentation title 29  Leave benefits of two (2) months with full p ay based on gross monthly compensation, f or women employees who undergo surgery caused by gynecological disorders, provide d that they have rendered continuous aggr egate employment service of at least six (6 ) months for the last twelve (12) months ; Equal rights in all matters relating to marriage and family relations. 20XX presentation title 30  thank you Lorlie A. Castro-Tampipi, MAEd Instructor II /KCAST Gender and Development FOCAL Person [email protected]