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GENDER SENSITIZATION IN LAW ENFORCEMENT AND

GBVs
PMSg Regina B Pascua
Action PNCO, LTS, ITPDD, DHRDD
Sequence of Presentation

• Mandated Laws of Gender and Development


• Definition of Sex and Gender
• Gender Issues and Concern
• Gender-Based Violence
Learning Objectives
❑ To give examples of gender bias and
gender stereotyping.

❑ To list down interventions to achieve gender


equality & development.

❑ To appreciate the importance of affording


women and men equal opportunities and
treatment

❑ To generate the awareness in regard to


equality in law, social system and
democratic activities.

❑ Identify Gender-Based Violence


INTERNATIONAL MANDATES

The Convention on the


Elimination of All Forms of
Discrimination against
Women (CEDAW) BEIJING PLATFORM FOR ACTION
(BPFA)

Promotes equality in all fields; It aims at removing all the obstacles to


affirmative action for women women’s active participation in all
and protection of women from spheres of public and private life
violence. through ensuring women a full and
equal share in economic, social,
cultural and political decision making.
NATIONAL MANDATES
• Sec 14,Art. II “The State recognizes the role of
women in nation building and shall ensure the
fundamental equality before the law of women
and men.”

• RA 7192 Women in Development and National


Building Act “Promotes the integration of
women as full and equal partners of men in
development and nation building.
NATIONAL MANDATES
• The Magna Carta of Women is
comprehensive women's human
rights law that seeks to eliminate
discrimination against women by
recognizing, protecting, fulfilling
and promoting the rights of
Filipino women, especially those in
marginalized sector
What is Gender Sensitization?
• Refers to the modification of
behavior by raising awareness
of gender equality concerns.

• Gender Sensitization is a basic


requirement to understand the
sensitive needs of a particular
gender

• Gender Sensitization means


sensitivity to human rights.
Gender Issues and Concerns
❖ Gender Roles

❖ Factors influencing Gender Roles

❖ Gender Stereotyping

❖ Gender Bias

❖ Gender Sensitivity
* Avoid victim blaming
* Gender Fair language
* Gender Equity

❖ The importance of Gender and Development

❖ Gender-Based Violence
Definition of Sex and Gender
SEX GENDER
• Biologically determined • What makes one masculine
(inborn) or feminine
• Refers to a person based on • Changes across places and
their Anatomy. cultures

• Constant across different • Learned behavior and


societies and cultures socially determined
(universal)
What do we mean by Gender
Roles?

• Gender roles in society means how we’re


EXPECTED to act, speak, dress, groom, and
conduct ourselves based upon our assigned sex.
What is Gender Stereotyping?
• A gender stereotype is a generalized view or
preconception about attributes or characteristics, or
the roles that are or ought to be possessed by, or
performed by women and men. (UNHR)
Factors that influence
Gender Roles

• Family
• Media
• Institutions
• Environment
• Culture & Society
• Gender identity is how a
person sees themselves
– their own internal
sense and personal
experience of gender.
Only the individual can
determine their own
gender identity.
• Sexual orientation is who
a person is attracted to
on the basis of gender.
Some of the words used
to describe sexual
orientation include gay,
bisexual, lesbian,
heterosexual or straight.
• Gender expression is
how a person outwardly
shows their gender
identity. It includes
physical expressions
such as person’s
clothing, hairstyle,
makeup, and social
expressions such as
name and pronoun
choice. Some examples
of gender expression are
masculine, feminine, and
androgynous.
• Physical sex is how a
person’s body develops
and changes over their
lifespan. It can be affected
by sex chromosomes,
hormones, reproductive
organs, secondary sex
characteristics, and
related medical care.
Gender Bias

- the tendency to prefer one


gender over another gender.
What is Gender & Development (GAD)?

– refers to the development


perspective and process that is
participatory and empowering,
equitable, sustainable, free
from violence, respectful of
human rights, supportive of
self-determination and
actualization of human
potentials.
Gender & Development promotes?

✔ Gender Empowerment
✔Gender Equity
✔Gender mainstreaming
✔ Partnership not competition
✔Inclusive growth
✔High regards to human rights
Disadvantages on lack of
appreciation to GAD
• Vulnerable to gender-based violence

• Victim blaming

• Insensitive and susceptible to HR violations

• Less productive
What should we do to achieve Gender
Sensitization in Law Enforcement?
1. Be an advocate of Gender and
Development
2. Avoid victim blaming
3. Open equal opportunity to all gender
4. Stop violence against women and
children
5. Stop hate crime ( color of skin,
gender preference, economic &
social status )
What should we do to achieve Gender
Sensitization in Law Enforcement?

6. Treat people equally


7. Don’t Discriminate
8. Equal justice for everyone
9. Strict adherence to human rights
10. Implement gender integration or
gender mainstreaming
Gender Sensitivity
• Not a war between sexes;
• Not anti-male
• Both women and men are victims
although there are more women
victims than men;
• Both men and women have stake in
the struggle
Gender Advocate should…
1. Avoid Victim blaming!!!
• Victim blaming is blaming the victim for a crime
he/she didn't commit.

• Victim blaming refers to a practice of


questioning what a victim could have done
differently in order to prevent a crime from
happening, thus implying the fault of the crime
lies with the victim rather than the perpetrator.
2. Use Gender Fair Language
• Gender fair language (GFL) is language used
with the intention of reducing gender bias in one's
mental representation, or mental understanding of
an idea.
• is language that avoids bias towards a particular
sex or social gender.
Examples of gender indication in
occupational titles
Gendered title Gender-neutral title
• businessperson/person in
• businessman, businesswoman business, business
people/people in business
• chairman, chairwoman • chair, chairperson
• mailman, mailwoman, • mail carrier, letter carrier,
postman, postwoman postal worker
• policeman, policewoman • police officer
Examples of gender indication in
occupational titles
Gendered title Gender-neutral title
• salesperson, sales associate,
• salesman, saleswoman
salesclerk, sales executive
• steward, stewardess • flight attendant
• server, table attendant,
• waiter, waitress
waitron
• fireman, firewoman • firefighter
• barman, barwoman • bartender
The benefits of Gender Equality

• Gender-equality will help make a society wealthier,


improve freedom, strengthen families, improve
democracy, promote peace, reduce violence.
Equity vs Equality
Gender equity
• Gender equity is the process of being
fair to women and men. To ensure
fairness, strategies and measures must
often be available to compensate for
women's historical and social
disadvantages that prevent women and
men from otherwise operating on a
level playing field. Equity leads to
equality.
Gender Mainstreaming
• It is a strategy for making women’s as well as men’s
concerns and experiences an integral dimension of the
design, implementation, monitoring and evaluation of
policies and programmes in all political, economic and
societal spheres so that women and men benefit equally,
and inequality is not perpetuated.
Gender Mainstreaming Goal

•Make gender equality


as a fundamental value
in development choices
and institutional
practice
What is GBV?
GBV

• Harmful acts directed at an individual based on their


gender;
• It is rooted in gender inequality;
• It is an issue involving relations of power. It is based on
a feeling of superiority; and/or,
• Harmful norms deeply rooted in the social and cultural
structures, norms and values that govern society.
GBVs from CY2018 to 2021
2018 2019 2020 2021 TOTAL

ANTI-VIOLENCE AGAINST WOMEN 14,116 16,251 11,448 8,430 50,245


& THEIR CHILDREN

RAPE 2,319 2,524 1,855 2,056 8,754


ACTS OF LASCIVIOUSNESS 2,020 2,085 1,363 1,509 6,977
CONCUBINAGE 165 223 136 141 665
ANTI-PHOTO & VIDEO VOYEURISM ACT 128 84 105 111 428

ANTI-SEXUAL HARASSMENT ACT 72 90 52 71 285

ANTI-TRAFFICKING IN PERSONS 48 44 50 51 213

SAFE SPACES ACT 24 59 155 238


ABDUCTION 32 14 10 10 66

SEDUCTION 122 124 104 89 439


RA 9262- Anti -
Violence
against
Women and
their Children
(VAWC) Act
VAWC

PHYSICAL ABUSE PSYCHOLOGICAL ABUSE

ECONOMIC ABUSE
SEXUAL ABUSE
Credit to the owners of these photos
WHO ARE THE VICTIMS

✔ a woman who is his wife;


✔ former wife;
✔ a woman with whom the person has or had a
sexual or dating relationship; and,
✔ a woman with whom he has a common child, or
her child whether legitimate or illegitimate.
Republic Act 8353
The Anti-Rape
Law of 1997
HOW COMMITTED
1) By a man who shall have carnal knowledge of a woman
under any of the following circumstances:

a) Through force, threat, or intimidation;


b) When the offended party is deprived of
reason or otherwise unconscious;
c) By means of fraudulent machination or grave
abuse of authority;
and,
d) When the offended party is under sixteen (16)
years of age or is demented, even though none of the
circumstances mentioned above be present.
HOW COMMITTED

2. Sexual Assault
by inserting his penis into another
person's mouth or anal orifice, or any
instrument or object, into the genital or
anal orifice of another person.

RA 8353- Crime against persons


- both men and women may be
victims
Article 336
Acts of Lasciviousness
Under Article 336 of the Revised
Penal Code, the crime of acts of
lasciviousness is committed when
the offender commits “lewdness”
to another person of either sex. It
can be done “by using force and
intimidation or when the
offended party is deprived of
reason or otherwise
unconscious, or when the
offended party is under 16 years
of age.”
Credit to the owners of these photos
Art. 334
Concubinage
Concubinage, as defined under
Article 334 of the RPC, is
committed by a married
husband by (a) keeping a
mistress in the conjugal
dwelling; (b) having sexual
intercourse under
scandalous circumstances
with a woman who is not his
wife; or (c) cohabiting with
her in any other place.
Credit to the owners of these photos
RA 9995 Anti Photo and
Video Voyeurism Act
Republic Act 9995 is geared
towards protecting the privacy,
honor, dignity, and integrity of a
person. Investigative Directive
No. 2016-09 issued by NHQ, PNP
Directorate for Investigation and
Detective Management (DIDM)
listed RA 9995 as a special law
that addresses GBVs or grant
special protection to vulnerable
sectors.

Credit to the owners of these photos


RA 7877
Anti Sexual Harassment
Act
An act declaring sexual harassment unlawful in the
employment, education or training environment, and for other
purposes.

Any action arising from the violation of the provisions of


this Act shall prescribe in three (3) years.

Credit to the owners of these photos


REPUBLIC ACT NO. 9208
as Expanded by
REPUBLIC ACT No. 10364
"Anti-Trafficking in Persons Act″
Exploitative Purposes of
Trafficking In Persons
7
.

Child Soldiery Involuntary Servitude Sale of Organs

Online Sexual Exploitation Sexual Exploitation Prostitution


of Children (OSEC)
Credit to the owners of these photos
Republic Act 11313
Safe Spaces Act
Gender-based Streets and Public
Spaces Sexual Harassment

GBSH in street and public spaces is defined as


acts which are committed through any unwanted
and uninvited sexual actions or remarks against
any person regardless of the motive for
committing such action or remarks.
RA 11313 IS THE EXPANSION OF RA 7877
RA 7877 Anti-Sexual RA 11313 Safe Spaces
Harassment Act of 1995
Place of ⮚ Workplace ⮚ Public places/ PUV
Occurrence ⮚ Education Institutions ⮚ Workplaces
⮚ Educational Institutions
⮚ Online
Victims ⮚ Women ⮚ Any Person
⮚ Girls
Offender ⮚ Teacher ⮚ Any person
⮚ Employer/Persons in
Authority
Commission ⮚ Employer to Employee ⮚ Employer to Employee or vice versa
of Offense ⮚ Teacher to Student ⮚ Teacher/School Staff to Student or vice
versa
⮚ Peer to peer/student to student
⮚ Any person to another person
RA 11313 IS THE EXPANSION OF RA 7877

RA 7877 Anti-Sexual RA 11313 Safe Spaces


Harassment Act of 1995
Penalties ⮚ Fine ⮚ Community Service
⮚ Imprisonment ⮚ Gender Sensitivity Training
⮚ Fine
⮚ Imprisonment
Prescriptive Period ⮚ Three (3) years ⮚ Three (3) years
PENALTIES

Verbal Physical or Physical Advances and


(1 Degree Offense)
st
Demonstrated Stalking
(2 Degree Offense)
nd
(3 Degree Offense
rd

Twelve (12) hours Twelve (12) hours Imprisonment of 11-30


community service community service days or a fine of Php
inclusive of Gender inclusive of GST and Php 30,000 provided that it
Sensitivity Training (GST) 10,000 fine includes attendance in a
and 1,000 fine GST to be conducted by
PNP in coordination with
LGU and PCW
Imprisonment of 6-10 days Imprisonment of 11-30 Imprisonment of 1 month
or Php 3,000 fine days or Php 15,000 fine and 1 day to 6 months or
Php 50,000 fine
Imprisonment of 11-30 Imprisonment of 1 month Imprisonment of 4 months
days and Php 10,000 fine and 1 day to 6 months and and 1 day to 6 months or
Php 20,000 fine Php 100,000 fine
Gender-based Online Sexual Harassment

• Use of information and communications technology


• Terrorizing and intimidating victims
• Physical, psychological or emotional threats
• Unwanted sexual misogynistic, transphobic,
homophobic and sexist remarks and comments online
whether in public post or private messages
• Cyberstalking that Invades a person’s privacy
• Incessant messaging
Gender-based Online Sexual Harassment

• Uploading or sharing, without the consent of the victim, any form of


media that contains photos, voice, or video with sexual content
• Unauthorized recording or sharing of the victim’s photos, videos, or
any information online
• Impersonating identities of victims online or posting of lies about
victims to harm their reputation
• Filing false abuse reports to online platforms to silence victims
Penalty for Online Sexual
Harassment

▸ Fine of PhP 100,000 to 500,000.00 OR TWO to


FOUR YEARS IMPRISONMENT (Prision
Correccional Medium Period) or both at the
discretion of the Court.

The PNP ANTI-CYBERCRIME GROUP is in-charge


to arrest online violators using real-time reporting.
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.
Facts & Findings
•Gender-based violence is a
significant barrier to the achievement
of every development outcome.

•Gender equality is the foundation for


a “peaceful, prosperous and
sustainable world” and that this
includes a world free of gender-
based violence.
Why is it important to advocate
Gender & Development ?

We are mandated by international


treaties/commitments, laws and
policies
References

• https://www.researchgate.net/publication/334328339_Socio-cultural_Factors
_Affecting_Gender_Mainstreaming_in_the_Ministry_of_Education_A_Case_o
f_Embu_and_Tharaka-Nithi_County
• https://smartsexresource.com/topics/gender-identity-expression
• https://www.coe.int/en/web/genderequality/what-is-gender-mainstreaming
REFERENCES:

RA 8353 Anti-Rape Law


RA 9208/10364 Anti-Trafficking in Persons Act
ART. 336 of RPC –Act of Lasciviousness
RA 9262- Anti-Violence Against Women and their Children
RA 7877 Anti-Sexual Harassment Act
RA 11313- Safe Spaces Act
https://www.unhcr.org/gender-based-violence.html
https://www.coe.int/en/web/gender-matters/what-is-gender-based-violence
https://pcw.gov.ph/violence-against-women/
References
• https://builtin.com/diversity-inclusion/gender-bias-in-the-
workplace
• https://www.ohchr.org/EN/Issues/Women/WRGS/Pages/Gen
derStereotypes.aspx
• https://www2.gov.scot/resource/doc/925/0063072.pdf
• https://en.wikipedia.org/wiki/Causes_of_sexual_violence
• https://www.goodtherapy.org/blog/psychpedia/victim-blaming
• https://en.wikipedia.org/wiki/Gender-neutral_language
• https://www.plannedparenthood.org/learn/gender-identity/sex
-gender-identity/what-are-gender-roles-and-stereotypes#:~:t
ext=What%20are%20gender%20roles%3F,polite%2C%20ac
commodating%2C%20and%20nurturing.
• https://rinj.org/misogyny/?gclid=CjwKCAjwlZf3BRABEiwA8Q
0qq7YiC0cjxVF59r6DXru-8WFnevd9gGF7J7KEp224fszwt47
XMxUa4BoCq00QAvD_BwE
End of Presentation

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