Political-Legal Perspective in Gender and
Sexuality
Gender-Based Violence – any harm perpetrated
against a person’s will on the basis of gender,
the socially ascribed differences between males
and females.
- Physical
- Sexual
- Psychological
Gender-based Violence – experience by
WOMEN and girls
- Battering
- Forms of intimate partner violence
including marital rape
- Sexual violence
- Dowry-related early marriage
- Forced marriage
- Female genital cutting
- Other traditional practices harmful to
women
- Sexual harassment in the workplace and
educational institutions,
- Sexual exploitation
- Trafficking of girls and women
- Violence against domestic workers
Survivor – person who has lived through an
incident of GBV violence.
Perpetrator – is a person, group, or institution
that inflicts, supports, or condones violence or
other abuse against a person or group of
person.
- Person with real or perceived power
- Persons in decision-making positions
- Persons in authority.
HUMAN RIGHTS
- Are universal, inalienable, indivisible,
interconnected, and interdependent.
- Right to life, liberty and property of
person
- Right to the highest attainable standard
of physical and mental health
- Right to freedom from torture or cruel,
inhuman, or degrading treatment or
punishment
- Right to freedom of opinion and
expression and to education
Gender-Based Violence: Power, Use of force,
and Consent
GENDER BASED VIOLENCE: POWER, USE OF
FORCE, AND CONSENT
Power
- Social – peer pressure, bullying, leader,
teacher, parents
- Economic – perpetrator controls money
or access to
goods/service/money/favors;
sometimes the husband or the father
- Political – elected leaders,
discriminatory laws
- Physical – strength, size, use of
weapons, controlling access or security;
soldiers, police, robbers, gangs
- G-B (social) – males are usually in more
powerful position than females
- Age-related – often, the young and
elderly people have the least power
Use of FORCE/VIOLENCE
Force – might be physical, emotional, social, or
economic in nature
- Involves coercion or pressure
- Intimidation, threats, persecution, or
other forms of psychological or social
pressure.
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 – use force
Informed Consent
- Consent means saying “ yes” agreeing
to something.
- Informed consent means making an
informed choice freely and voluntarily
by persons in an equal power
relationship.
WOMEN AND THE LAW
1987 Constitution – formulated during the
euphoria of People Power Revolution in 1987
Article II Section 14 of the 1987 Constituion –
“The state recognizes the role of women in
nation-building and shall ensure the
fundamental equity before the law of women
and men”
Article 13 Section 14 - “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”
“ VIOLENCE AGAINST WOMEN AND THEIR
Various Laws Promoting Gender Equality
CHILDREN ACT” OR REPUBLIC ACT NO. 9262
1. Local Government Code of 1991 –
Important feature of the Law
provides election of sectoral
representation, including women, in
local legislative councils
2. 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
3. Labor Code (1989) – covers issues, such
a night work prohibition, specifies that
employers must provide special
facilities for women, prohibition of
discrimination against women in
respect to terms and conditions of
employment, and prohibition of
discrimination by reason of marriage of
a women worker.
4. Women in Nation Building Law – R.A.
7192 (1991) is an act promoting the
integration of women as full and equal
partners of men in development and
nation building.
5. 1988 Comprehensive Agrarian Reform
Law – gave Filipino women the right to
own land that previously reverted to
sons and the other male family
members
6. R.A. 7688 – an act giving representation
to women in social security commission.
7. Anti-Sexual Harassment Law. RA 7877
– an act declaring sexual harassment to
be unlawful in the employment,
education, or training environment.
8. R.A. 7822 – an act providing assistance
to women engaging in micro and
cottage business enterprises
9. R.A. – 8353 – an Act expanding the
definition of the crime of rape,
reclassifying the same as a crime
against persons.
- Four kinds of violence against women
and children are defined – PHYSICAL,
PSYCHOLOGICAL, SEXUAL AND
ECONOMIC.
- VAWC is a public crime
- Protection orders can be issued against
the perpetrator
 - Stronger community mechanisms to surrender the same, including
respond to cases. revocation of license and
disqualification to apply for any license
PROTECTION ORDERS
to use or possess a firearm
Permanent Protection Order - Refers to - restitution for actual damages caused
protection order issued by the court after notice by violence inflicted including property
and hearing. The court shall not deny the damage, medical expenses, and loss of
issuance of protection order on the basis of the income
lapse of time between the act of violence and - directing the Department of Social
the filing of the application. Welfare and Development (DSWD) or
any appropriate agency to provide
Law enumerates the following reliefs that may temporary shelter and other social
be availed of through a protection order: services that the petitioner may need
- Prohibition of perpetrator from - provision of other forms of relief as may
threatening to commit or committing be necessary to protect and provide for
personally or through another, any of the safety of the petitioner
the acts penalizes by the Anti-VAWC Rights of Victim-Survivors of VAWC Cases
law.
- Prohibition of the respondent from "Section 35. Rights of Victims-In addition to
harassing, annoying, telephoning, their rights under existing laws, victims of
contacting, or otherwise, violence against women and their children
communicating with the survivor shall have the following rights:
directly or indirectly
- to be treated with respect and dignity
- removal and exclusion of the
- to avail of legal assistance from the
respondent from the residence of the
Public Attorney's Office and the
petitioner whether temporarily or
Department of Justice or any public
permanently;
legal assistance office
- directing the respondent to stay away
- to be entitled to support services from
from the petitioner and any designated
the DSWD and the LGUs (local
family or household member at a
government units)
distance specified by the court
- to be entitled to all legal remedies and
- directing lawful possession and use by
support as provided for under the
the petitioner of an automobile and
Family Code; and
other personal effects regardless of
- to be informed of their right to apply for
ownership
a protection order.
- granting temporary or permanent
custody of a child/children to the
petitioner;
- directing the respondent to provide
support to the woman and/or her child
if entitled to legal support;
- prohibition of the respondent from any
use or possession of any firearm or
deadly weapon and order him to