CHAPTER 4 Lesson 17: National and International Laws
Learning Outcomes:
• Explain the international movements and treaties
• Understand the role that they play in promoting gender equality and
empowerment
INTERNATIONAL LAWS ON WOMEN RIGHTS
CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women)
• CEDAW was adopted by the UN General Assembly on December 19, 1979,
coming into force as treaty on December 3, 1981.
International human rights that focus on women’s rights and women’s issues Bill
of Rights)
Treaty- Formal Agreement among countries
Principles:
1. Substantive Equality
• Things you should know: Men and Women are different but ultimately, we
are equal:
• Inequality is reinforced by the patriarchy system that sees men as leaders
Equality for women can be viewed in three approaches:
Formal- Society ignores that men and women are actually different
Protectionist- Women are seen as vulnerable and
prohibited from participating certain activities
Corrective- Priority is given to correct the environment in order to benefit both men
and women equally. Corrective Approach → 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.
2. Non-Discrimination
Things you should know:
Discrimination- unfair treatment of a person or a 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.
Direct Discrimination- easier to recognize as the discrimination is quite obvious
Indirect Discrimination- refers to situations that may appear to be unbiased but result
in unequal treatment of girls and women.
3. State Obligation
Respect
• Enact discriminatory laws
• Engage in discriminatory practices
Repeal/revoke discriminatory laws (remove)
Protect
• Mechanisms for complaints
• Regulate institutions and
individuals
• Prohibit discrimination and
provide sanctions(rule,
punishment) against
discriminatory acts
Promote
• Raise the awareness of women’s rights in the country
Fulfill
• Provide enabling conditions
• Develop capacity of institutions
• Build women’s ability to ensure equality
• Remove hurdles(nakakasagabal) that women face
TEMPORARY SPECIAL MEASURES
✓ Recruit more female teachers
✓ Give the family a stipend (right amount salary)
✓ Pass laws to make it compulsory for girls to attend school
✓ Women’s voices must be represented in decision making positions
Why Care about CEDAW?
✓ Helps girls and women of every age to claim their rights
✓ Calls upon governments to take action to end discrimination of girls and women
✓ Protect girls and women from discrimination in such areas 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
✓ 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
✓ 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.
CEDAW IN THE PHILIPPINES
The Philippines is the first ASEAN country that ratified CEDAW on August 5, 1981. 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 legislation that protect women from discrimination and
violence.
BEIJING +25
Beijing Platform for Action
• <To advance the goals of equality, development and peace for all women
everywhere ion the
interest of all humanity=
• September 1995
• From September 4-15 1995, Official representatives from over 180 countries
gathered in Beijing China, for the Fourth World Conference
on Women. It was participated by 189 governments, 17,000 participants and
30,000 non-governmental activists in Beijing
The 12 Critical Areas of Concern
1. women and poverty
• When women are the poor, their rights are not protected and they face
double discrimination on account of their gender and economic situation
• UN Women runs myriad programmes 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 a training the families of migrant
laborer’s and rural women’s group to start their own business
2. education and training of women
• Educated women benefit entire societies contributing to flourishing
economies and the improved health, nutrition, and education of their
families
• UN Women promotes women’s right to an education in all fields. We
support educational programmes to promote gender equality and women’s
rights, revise formal school curricula and policies, and help 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
3. women and health
• Women need to be healthy in order to realize their full potential. This
includes proper nutrition, sexual and reproductive rights, and mental
health, as well as freedom from violence.
• UN Women 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. We
work to end practices that bring danger to women and girls, including child
marriage, female genital cutting, dietary restrictions, and others. We act to
ensure that women’s needs are met during medical humanitarian crises,
and support and empower women living with HIV and AIDS.
• Women living with HIV/AIDS Start Afresh in Cambodia’s Villages
4. violence against women
• Partner with Government, UN agencies, civil society organization and other
institutions to advocate for ending violence, increase awareness of the
causes and consequences of violence and build capacity of partners to
prevent and respond to violence.
• It advocates for laws and help guide policies and action plans to help step
up investments in prevention- the most costeffective, long term means to
stop violence against women by addressing its root causes
• Thailand launches One-step Crisis Center to respond Violence against
women
• 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
programs to fight the Shadow Pandemic of violence
against women during COVID 19
5. women and armed conflict
• Women and girls are seen to be more vulnerable(mahina) and are seen to
be in horrible situations during wars and armed conflict.
• UN Women’s programmes on women, peace and security engage women
in all aspects of negotiations, peacebuilding and reconstruction to build
inclusive societies. We train 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 women9s needs.
• Evelyn Amony 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 woman.
6. women and the economy
• 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:
✓ Budling Entrepreneurship
✓ Asset-Building
✓ Financial Library
✓ Better Jobs
• Women plant seeds of hope in Kenya
7. women in power and decision-making
• Woman are under-represented at most levels of government
• 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.
• Through the Fund for Gender Equality, UN help give women a greater voice
on a range of issues.
8. institutional mechanisms
• UN Women works with governments to develop informed national action
plans, ensure gender-responsive budgeting, and strengthen coordination
among diverse actors for sustained and meaningful action.
• We partner with governments, UN agencies, civil society organizations and
other institutions to build capacity and increase awareness. We support and
advocate 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
• Women ad girls are entitled to the full- and equal enjoyment of all their
human rights.
• UN Women promote international treaties, such as the
Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW).
10. women and media
• Women had been portrayed in media as second-class citizens.
• UN women undertake research regarding the portrayal of women in
news, media, and the entertainment industry.
• Conduct special workshops and trainings with journalists globally to
encourage gender-sensitive reporting.
11. women and the environment
• UN Women seeks to ensure women are involved in environmental
decisionmaking at all levels, integrating their concerns in policies and
programmes, and establishing ways to assess the impact of development
and environmental policies on women.
• A farmer using new water-management techniques in Jamaica.
12. the girl child.
• UN Women works to empower girls and young women to pursue their
dreams, confront discrimination, and prevent violence of all kinds.
• Striving for a world where girls can live free from fear, violence, and
discrimination.
Generation Equality
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 school, to participate in decisions and to earn equal pay for equal work.
• UN women is the United Nations entity dedicated to gender equality and the
empowerment of women
NATIONAL LAWS ON WOMEN RIGHTS
Objectives:
• Know about the various Philippine laws, affecting women;
• Identify the various rights of women; and
• Understand the impact of those laws and rights to The Filipino woman and
society.
DEFINITION OF TERMS
The 1987 Constitution- the fundamental law of the country upon which all the laws are
anchored or based on
Magna Carta of Women- the main law enshrining all the rights of women and then
roles in building the nation
Nation Building- collaborative efforts and means to establish and develop the country
The Introduction:
• Article II Section 14 of the 1987Constituiton "The State recognizes the role of
women in nation building, and shall ensure the fundamental equality before the
law of women and men."
• Women representation (as one of the nine marginalized sectors) in the legislature
through the partylist system (which should cover 20% of the lower house)
• Finally, the Article 12 Section 14 <the State shall protect working women by
providing safe and healthful working conditions, taking into account their maternal
functions, and facilities that will enhance their welfare and enable them to realize
their full potential in the service of the nation.=
• VARIOUS LAWS PROMOTING GENDER EQUALITY
• Local Government Code of 1991- Provides the election of sectorial
representation, including women in local legislative conflicts.
• Party List Law- Provides the creation of women orientated pr women-based
parties to compete under the party list system
• Labor Code (1989)- Covers issues, such as the right work prohibition, specifies
that employers must provide special facilities for women, prohibition of
discrimination against women in terms and conditions of employment, and
prohibition of discrimination by reason of marriage of a woman worker.
• Women in Nation Budling Law- Republic Act
7192 (1991) is an act promoting the integration of women in 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 to remove gender bias in all
government regulation and procedures.
In relation to gender budgeting, the law specifically mandated all agenesis to allocate a
minimum of 5% increasing to 30% of all official development funds in mainstreaming
gender concerns.
• 1989 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
• Republic Act 7822 (1995) An act providing assistance to women engaging in
micro and cottage business enterprise
ANTI-SEXUAL HARASSMENT LAW, RA 7877 (1995)
An act declaring sexual harassment to be unlawful in the employment, education or
training environment.
Under RA 7877, work, education, or training-related sexual harassment is…
• <Committed by an employer, employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach, trainor, or any 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 or not by the object of said act.=
How is Work-Related Sexual Harassment Committed?
Work -related Sexual Harassment is committed when:
• The sexual favor is made as a condition in the hiring or in the employment,
reemployment or continued employment of said individual, or in granting said
individual favorable compensation, terms, conditions, promotions, or privileges;
or the refusal to grant the sexual favor results in limiting, segregating or
classifying the employee which in a way would discriminate, deprive or diminish
employment opportunities or otherwise adversely affect said employee
How is education or training-related sexual harassment committed?
Education or training related Sexual Harassment is committed:
• Against one who is under the care, custody or supervision of the
offender(criminal);
• Against one whose education, training, apprenticeship or tutorship is entrusted to
the offender;
• When the sexual favor is made a condition to the giving of a passing grade, or
the granting of honors and scholarships, or the payment of a stipend, allowance
or other benefits, privileges, or considerations; or
• When the sexual advances result in an intimidating(treaten), hostile(aggressive)
or offensive environment for the student, trainee or apprentice.
Republic Act 8353 (1997) An act expanding the definition of the crime of rape,
reclassifying the same as crime against persons What constitutes Rape?
Rape is committed:
The man who shall have sexual intercourse with a woman under any of the following
circumstances
• Through force, threat, or intimidation
• When the victim is deprived of reason or is unconscious
• Through fraudulent machination or grave abuse of authority; and
• When the victim is under twelve (12) years of age or is demented(not normal in
thinking), even if none of the above circumstances are present.
WOMEN’S RIGHT TO PARTICIPATE
• Women’s right to vote was granted in 1937. The constitution of 1935 stipulated
the right if suffrage would be extended to women only 300,000 women voted in
the favor during a national plebiscite. This consolidated the emerging women’s
movement and <brought to lore the activities of such women in Concepcion Felix
de Calderon who formed the Association Fermenista Filipina in June 1905. Rosa
Sevilla de Alven and a young Trinidad Almenda, Miss Constancia
Poblete, founder of Liga Femenina de la Paz, Pura Villanueva Kalaw, and Paz
Mendoza Guazon, Pilar Hidalgo Lim, Predisdent of the national Federation of
Women9s Clubs and Josefa Llanes Escoda, president of the Girls Scouts of The
Philippines (ugnayan ng Kababaihan sa Pulitika, 1998)
• The General Council of Women was then established in Manila to direct the
plebiscite campaign. Its aim was to draw the support of the broadest number of
women. As turned out, 447,725 women voted yes in the 1937 plebiscite.
Interestingly, 44,307 women who voted against the provision. What followed was
a colorful history of women9s foray into various levels of electoral victories, but
generally pushed by familial affiliation and elite association.
• As present, women9s right to vote and participation and maintained and further
protected existing laws at hand.
WOMEN’S INVOVLEMENT IN CIVIL SOCIETY
• Along with other women groups and gender oriented institutions, they have
succeeded in raising gender-specific issues such as domestic violence,
prostitution, reproductive health, sexual harassment, and rape. Intense lobbying
efforts by the women’s groups resulted in the passage of several landmark laws,
among them is the antisexual harassment law of 1995, and the antirape law
in 1997. The gains of the women’s movement are basically achieved through
various partnerships with the rest of the civil society.
CHAPTER 4 Lesson 18: <Violence Against Women and their Children Act= or
Republic Act No. 9262 Objectives:
• Know the important provisions of VAWC or RA
9262; and
• Understand the details of its commission
DEFINITION OF TERMS
Protections Orders- orders issued by the Barangay of the Courts distancing the
perpetrator from the victim and vice versa for revisions provided by the law
Public Crime- nature of a crime wherein it is considered to be an affront to the society,
allowing anyone who has personal knowledge to file a case for VAWC
Children- are those below 18 years of age or alder but are incapable of taking care of
themselves. It includes biological children of the victim and other children under her
care.
Dating Relationship- is one which has a romantic involvement. It means that a
relationship existed between woman and a partner who is abusive or has previously
abused her, whether or not the relationship was formal.
Sexual Relations- refer to a single sexual act which may or may not result in the
bearing of a common child.
VAWC under Republic Act 9262
It refers to any act or 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 results 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.
Republic Act 9262 Anti-Violence against Women and their Children (Anti-VAWC)
Act of 2004
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;
• Physical Violence refers to acts that include bodily or physical harm.
• Sexual Violence refers to an act that is sexual in nature, committed against a
woman or her child
• Psychological Violence refers to acts or omissions causing or likely to cause
mental or emotional suffering of the victim
• Economic Abuse refers to acts that make or attempt to make a woman
financially dependent.
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 her perpetrator
4. Strong community mechanisms to respond cases- various government agencies
are mandated to aptly respond or formulate mechanisms to respond to reported
cases of VAWC immediately.
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 have personal
knowledge of the offense committed. Protection Orders
A protection order is an order issued under this act for the purpose of preventing
further acts of violence against a woman or her child and granting other necessary
relief, under RA 9262
3 Kinds of Protection Order
• Barangay Protection Order (BPO),
• Temporary protection order (TPO) • permanent protection order (PPO).
Violation of a BPO shall be punishable by imprisonment of thirty (30) days without
prejudice to ay other criminal or civil action that the offended party may file for any of
the acts committed
Relief that may be avoided of through a protection order:
a) Prohibition of the respondent from threatening to commit or committing,
personally or through another, any of the acts mentioned in Section 5 of this Act;
b) Prohibition of the respondent from harassing, annoying, telephoning, contacting
or otherwise communicating with the petitioner, directly or
indirectly;
c) Removal and exclusion of the respondent from the residence of the petitioner
whether temporarily or permanently;
d) Directing the respondent to stay away from petitioner and designated family or
e) household member at a distance specified by the court;
f) Directing lawful possession and use by petitioner of an automobile and other
g) Granting a temporary or permanent custody of a child/children to the petitioner;
h) Directing the respondent to provide support to the woman and/or her child if
entitled to legal support.
i) Prohibition of the respondent from any use or possession of any firearm or
deadly weapon and order him to surrender the same to the court for appropriate
disposition by the court, including revocation of license and disqualification to
apply for any license to use or possess a firearm.
j) Restitution for actual damages caused by the violence inflicted, including, but not
limited to, property damage, medical expenses, childcare expenses and loss of
income;
k) Directing the DSWD or any appropriate agency to provide petitioner may need;
l) Provision of such other forms of relief as the court deems necessary to protect
and provide for the safety of the petitioner
Rights of Victim-Survivors of VAWC Cases
<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 PAO of the Department of Justice (DOJ) or
any public legal assistance office;
c) To be entitled to support services form the DSWD and LGUs;
d) To be entitled to all legal remedies and support as provided for under the Family
Code; and
e) To be informed of their rights and the services available to them including 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
What are the penalties for committing VAWC?
Offenders proven in court to be guilty of the crime shall be penalized with:
a) imprisonment ranging from 1 month and 1 day to
20 years
b) payment of P100,000 to P300,000 in damages
c) mandatory psychological counseling or psychiatric treatment.
