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R.A.

11313 SAFE SPACES ACT

• An act defining gender-based sexual harassment in


streets, public spaces, online, workplaces and
educational or training institutions, providing
protective measures and prescribing penalties.
BACKGROUND

• An overwhelming 88% of women aged 18 to 24


years old experienced sexual harassment in the
streets (SWS 2010). While wolf whistling and
catcalling are the most common cases, other forms
of sexual harassment include lascivious language,
stalking, rubbing or touching, indecent gestures,
exhibitionism and public masturbation.
• On April 17, 2019, the Safe Spaces Act or previously the
Bawal Bastos Bill, was signed into law.

• With the aim of ensuring an individual’s sense of personal


space and public safety, the Safe Spaces Act addresses
gender-based sexual harassment in public areas such as
streets, privately owned places open to the public, and
public utility vehicles among others. It also extend the
protection even to cyberspace and provides for prohibited
acts and their corresponding penalties.
R.A. 11313 SAFE SPACES ACT

• ANY PERSON…… not only women, but


men, LGBT and children are also protected.

• It is not only women who are protected


under the Safe Spaces Act because it
recognizes that anyone can perpetuate
sexual harassment and anyone can be a
victim of sexual harassment.
SALIENT FEATURES OF THE SAFE SPACES ACT

 Gender-based sexual harassment.


 Expands the scope of Anti Sexual
Harassment Act of 1995.
 Strengthens the administrative
mechanisms against sexual
harassment in workplaces and in
educational and training institutions.
SALIENT FEATURES OF THE SAFE SPACES ACT

 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.
 Penalties sexual harassment which also
occurs in other environments such as
public spaces and online platforms.
SALIENT FEATURES OF THE SAFE SPACES ACT

 Outlines the additional duties and


corresponding liabilities for employers
and heads of schools and training
institutions to ensure that sexual
harassment complaints in their
respective institutions are addressed
appropriately.
R.A. 11313 SAFE SPACES ACT

• Both men and women must have


equality, security and safety not only in
private, but also on the streets, public
spaces, online, workplaces and
educational and training institutions.
PUBLIC SPACES INCLUDES
 Gender-based streets and public spaces sexual
harassment
 Gender-based online sexual harassment
 Qualified Gender-based streets, public spaces
and online sexual harassment
 Gender-based sexual harassment in the
workplace
 Gender-based sexual harassment in educational
training institutions.
PUBLIC SPACES
- Refer to streets alleys, public parks, schools,
buildings, malls, bars, restaurants,
transportation terminals, public markets, spaces
used as evacuation centers, government offices,
public utility vehicles as well as private vehicles
covered by app-based transport network
services and other recreational spaces such as,
but not limited to, cinema halls, theaters and
spas.
I. Gender-based streets and public spaces
sexual harassment
- Unwanted and uninvited sexual
actions/advances/remarks against any
person regardless of the motives and
has threatened one’s sense of personal
space and physical safety.
- Committed in streets and public spaces.
 
MGA IPINAGBABAWAL NG BASTOS BILL LAWS R.A. 11313 otherwise
known as Safe Space Act
- Cursing
- Wolf-whistling
- Catcalling
- Leering and intrusive gazing
- Taunting
- Unwanted invitations
- Misogynistic
- Trans phobic
- Homophobic
- Sexist slurs
- Persistent unwanted comments on one’s appearance.
- Relentless request for one’s personal details such as name
STREET PUBLIC SPACES  
Catcalling - rude sexual remarks made by men and
women passing by.
Wolf-whistling- a two note whistled sound to show
interest, especially to a person viewed as physically or
sexually attractive.
Leering/Intrusive Gazing - looking or gazing in a
lascivious or unpleasant way. Taunting - A taunt is a
battle cry, sarcastic remark, gesture, or insult intended
to demoralize the recipient, or to anger them and
encourage reactionary behaviors without thinking.
Misogyny - hatred of women.
Trans phobia - Having or showing a dislike or a
prejudice against transsexual or transgender people.
Homophobia - is the fear, hatred, discomfort with, or
mistrust of people who are lesbian, gay, or bisexual
Sexist slur - is a term of disparagement used to refer
to members of a given gender, sex, or sexual
orientation in a derogatory or judgmental manner.
STREET PUBLIC SPACES SH
• Or any advances, whether verbal or physical and that is
unwanted and has threatened one's sense of personal
space and physical safety, and committed in public
spaces such as alleys, roads, sidewalks and parks.
• Persistent uninvited comments or gestures on a person's
appearance, Relentless requests for personal details,
• Statement of sexual comments and suggestions,
• Public masturbation or flashing of private parts
• Groping
WHAT ARE THE PENALTIES IMPOSED UPON THE
VIOLATORS OF THE LAW?
FIRST OFFENSE
P1000 and community service of 12 hours inclusive
Of attendance to a Gender Sensitivity Seminar
SECOND OFFENSE
6 to 10 days imprisonment or a fine of P3000
THIRD OFFENSE
11 to 30 days imprisonment or a fine of P10,000
• Making offensive body gestures at someone
Exposing private parts for sexual gratification of the perpetrator with the
effect of demeaning, harassing, threatening or intimidating the offended
party including flashing of private parts, public masturbation, groping and
similar sexual actions.
Penalties
• First Offense: Fine of ten Thousand Pesos (P 10,000.00) AND
Community Service of 12 hours inclusive of Attendance to a Gender
Sensitivity Seminar (to be conducted by the PNP in coordination with the LGU
and the Philippine Commission on Women PCW)
• Second Offense: Arresto Menor (11 to 30 days) imprisonment OR a
Fine of Fifteen Thousand Pesos (P 15,000.00)
• Third Offense: Arresto Mayor (1 month and 1 day to 6 months)
Imprisonment AND a fine of Twenty Thousand Pesos (P 20,000.00)
STREET PUBLIC SPACES - touching, pinching, or brushing against
the genitalia, face, arms, anus, groin, breasts, inner thighs, face,
buttocks or any part of the victim's body even when not accompanied
by the previous acts.
PENALTIES
First Offense - Arresto Menor ( 11 to 30 days) imprisonment or a
Fine of Thirty Thousand Pesos (P 30,000.00) provided that it includes
attendance in a Gender Sensitivity Seminar to be conducted by the
PNP with the LGU and the PCW.
• Second Offense - Arresto Mayor ( 1 month and 1 day to 6 months)
imprisonment OR a fine of Fifty Thousand Pesos P50,000.00)
• Third Offense - Arresto Mayor in its maximum period OR a fine of
One Hundred Thousand Pesos (P 100,000.00)
II: GENDER-
BASED ONLINE
SEXUAL
HARASSMENT
Let me share
what I have
learned!
Includes acts that use information
and communication technology in
terrorizing and intimidating victims.
GBO SH is
committed Homophobic and
through sexist remarks and
• Psychological and comments online
emotional threats; whether publicly or
through direct
• Unwanted sexual private message.
mesogynistic,
transphobic,
•Invasion of victims privacy
through cyberstalking and
incessant messaging,
• Uploading and sharing
without the permission of the
victim.
• Unauthorized recording and sharing of
any of the victim’s photos, videos or
information online.
• Impersonating identities of victims, online
or posting lies about victims to harm their
reputation.
• Filing false abuse reports to online
platform to silence victims.
PENALTIES
(IMPRESCRIPTIBLE)
• If Natural Person – Prison correctional (6mos.
1day to 6yrs) in its medium period or a fine of
not less than 100,000 pesos but not more than
500,000 pesos or both at the discretion of the
court.
• If Juridical Person – License or franchise shall be
automatically deemed revoked and the persons liable
shall be the officers thereof, including editor or
reporter in the case of print media or the station
manager, editor and the broadcaster in the case of
broadcast media.
• If Alien – Subject to deportation proceedings after
serving sentence and payment of fines.
III. Qualified gender-based streets public spaces, and online
harasment

Penalty next higher in degree will be applied in the following cases


(a)Committed in a common carrier or PUV, (jeepneys, taxis, tricycles,
or app-based transport network vehicle and the offended party is
the perpetrator is the driver of the vehicle and the offended party
is the passenger.
(b)Offended party is a minor, a senior citizen, or a person with
disability (PWD), or abreastfeeding mother nursing her child.
(c)Offended party is diagnosed with a mental problem tending to
impair consent.
III. Qualified gender-based streets public spaces, and online
harasment

(d) Perpetrator is a member of the uniformed services, such


us the PNP and the Armed Forces of the Philippines (AFP),
and the act was perpetrated while the perpetrator was in
uniform; and

(e) Committed in government agency offering frontline


services to the public and the perpetrator is government
employee.
IV. GENDER-BASED SEXUAL HARASSMENT IN
THE WORKPLACE

■ Includes the following:


■ A. ) Unwelcome sexual advances, request or demand for sexual
favors or any act of sexual nature. (verbally, physically or through
the use of technology) that has or could have a detrimental effect on
the conditions of an individual’s employment or education, job
performances or opportunities.
 IV. GENDER-BASED SEXUAL HARASSMENT
IN THE WORKPLACE
■ B.) A conduct of sexual nature and other conduct, based on sex,
affecting the dignity of a person which is unwelcome,
unreasonable, and offensive to recipient (verbally, physically or
through the use of technology)
IV. GENDER-BASED SEXUAL HARASSMENT
IN THE WORKPLACE

■ C.) A conduct that is unwelcome and pervasive and


create an intimidating, hostile or humiliating environment
for the recipient.
DUTIES OF EMPLOYERS

■ DISSEMINATE OR POST IN A CONSPICUOUS PLACE A COPY OF THIS


ACT TO ALL PERSONS IN THE WORKPLACE
■ PROVIDE MEASURES TO PREVENT GENDER BASED SEXUAL
HARASSMENT IN THE WORKPLACE SUCH AS CONDUCT OF ANTI
SEXUAL HARASSMENT SEMINARS.
■ PROVIDE AND DISSEMINATE, IN CONSULTATION WITH ALL PERSONS IN
THE WORKPLACE, A CODE OF CONDUCT OR WORKPLACE POLICY.
LIABILITY OF EMPLOYERS

■ Non implementation of their duties under section 17 of this Act, as


provided in the penal provisions. (Not less than 5, and not more
than 10, 000 Pesos)
■ Not taking action on reported acts of gender base sexual
harassment committed in the workplace. (fine of not less than 10 k
and not more than 15k)
V. Gender based sexual
harassment
Education and Training Institute
Gender based Sexual harassment
Educational And training institute
• All schools, whether public or private, shall designate an officer-in-
charge to receive complaints regarding violations of this act;
• Ensure that victims provided with a gender sensitive environment
that is both respectful to the victims needs and conducive in the
truth-telling
• Adopt and publish grievance procedures to facilitate the filing of
complaints by students and faculty members
• Duty of school:
°upon knowledge of gender-based sexual harassment or Sexual
violence, the school should promptly Investigate to determine the
variety of such Information or knowledge and the
° Circumstances under which the act of Gender based sexual
harassment or Sexual violence were committed, and take appropriate
Steps to remove The situation
°the school must take immediate action to eliminate the same
acts, prevent their reccurence, amd address their effects.
• once a perpetrator is found guilty, the educational institution may reserve the right to
strip the diploma from the perpetrator or issue an expulsion order.
• The Committee on Decorum and Investigation (CODI) of all educational institutions
shall address gender-based sexual harassment and online sexual harassment in
accordance with the rules and procedure contained in their CODI manual
*DUTIES OF SCHOOL HEAD
°Dessiminate ir post a copy of this act in a conspicuous place in the educational
institution.
° provide measure to prevent gender based sexual harassment in educational
institutions, like information campaigns.
° create an independent internal mechanism or CODI to investigate and address
complaints of gender based sexual harassment.
provide and disseminate in consultation with all persons in the
educational institutions, a code of conduct or school policy with shall
a.) Expressly retierate the prohibition of gender based sexual
harassment.
b.) Prescribe procedures of internal mechanism created under
this act.
c.) set administrative penalties
LIABILITY OF EMPLOYERS
- non implementation of their duties under Section 17 of this Act, as
provided in the penal provisions (not less than 5, not more than 10,000
Pesos).
- not taking action on the reported acts of gender based sexual harassment
committed in the work place (fine of not less than 10k and not more than 15k)
*LIABILTY OF STUDENTS
- Minor student who are found to have committed acts of gender based
sexual harassment shall only be held liable for administrative sanctions by the
school as stated in their school handbook.
• ROUTINE INSPECTION
°the Department of Education, Commission on higher Education, and
the Technical Education and Skills Development Authority shall conduct
regular spontaneous inspections to ensure compliance of school heads
with their obligations under this Act.

*CONFEDENTIALITY
°Aat any stage of the investigation, prosecution and trial of an offense
under this Act, the rights of the victim and the accused who is minor shall
be recognized.
• RESTRAINING ORDER
°court, before renderring a final decession, may issue an order to directing
perpetrator to stay away from the offended person at a distance specified by the court,
or to stay away from the residence, school, place of employment, or any specified
place frequented by the offended person.

*REMEDIES AND PSYCHOLOGY COUNSELING


°a victim of gender-based street, public spaces or online sexual harassment may
avail of appropriate remedies as provided of under the law as well as psychological
counselling services with the aid of the LGU, and DSWD in coordination of DSWD and
PCW any fees to be charge in the course of the victim’s availment of such remedies or
psychological counselling services shall be borne by the perpetrator.
• EXEMPTIONS
°acts that are legitimate expressions of indigenous culture
tradition, as well as brest feeding in public shall not be penalized.

“everyone has a need to be valued and respected.


. May sure you give others the respect
. that you would like in return”

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