Professional Documents
Culture Documents
De La Salle University - Manila Term 3, A.Y. 2017-2018
De La Salle University - Manila Term 3, A.Y. 2017-2018
In partial fulfillment
of the course
In WOMNRTS K31
Submitted by:
NISCE, Alyssa Angela R.
Submitted to:
Dr. Emily Sanchez Salcedo
4 Magna Charta, 9 Hen., 111, 1225, Cap. 29; 1 eng. stat. at Large, 7.)
work. This promotes a distrust in the integrity of a society and overall disregard for the basic
human rights.
In general, legal toleration was the rule during this time in Philippine history, and these
laws were enforced against prostitutes only sporadically. Thus, although prostitution could lead
to criminal penalties during this period, it was neither specifically prohibited by law nor
consistently suppressed in practice. This is not to suggest that prostitution was affirmatively
valued in Philippine society. Rather, it was viewed as evil as it equates to women being
vulnerable about their sexuality. So, to look at how sex workers were treated through the
historical narratives that we do have, we need to look at how women were treated overall with
respect to their overall being and to sex. There are different narratives of women throughout
history that are at play; for some, women were not expected to be sexual—to the point where
being sexual was seen as a problem, or a medical condition in itself.5
Nowadays, women can have opinions without disastrous consequences. Young girls are
able to get an education and become leaders within our global community. However, there are
still some barriers that face the women of our generation today. Although women can choose to
fully participate in the workforce, some still are not promoted as equals to their male
counterparts, and do not have the opportunity to earn the same as men.
If this case was brought to the Supreme Court in this day and age, I believe that there will
be more clamor and that it would be handled with a heavier penalty than just paying fines. I
believe that this would cause a social media eruption and that the public would condemn
whoever dared went around saying women are less due to being involved in sex work. Women
by no means are a majority, a highly visible symbol of the social changes affecting the country.
Indeed, the increased visibility of women in the public sphere-the world of work, as opposed to
the world of home and family represented the demise of an older way of life. I would like to
think that the Supreme Court would have done everything it in its power to convict the officials
who disregarded the basic rights of people to liberty and freedom. In recent times, the Supreme
Court has proved to be more liberal in cases involving the rights of women. For example, the
decision made by the Supreme Court regarding the Reproductive Health Law put women first
6 Philippine Supreme Court Upholds Historic Reproductive Health Law. (2013, September 27). Retrieved from
https://www.reproductiverights.org/press-room/Philippine-Supreme-Court-Upholds-Historic-Reproductive-Health-
Law
The system also thrives because of complex socio-cultural and economic factors like as stated
before, poverty, under-education, unemployment and economic disparity and power relations,
making it easier for those who have more money and power to exploit more vulnerable people
and lead them into prostitution and the sex trade.7
The 1987 Philippine Constitution provides that “the State values the dignity of every
human person and guarantees full respect for human rights” (Article II, Section 11). It also states
that “the Congress shall give highest priority to the enactment of measures that protect and
enhance the rights of all people to human dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by equitable diffusing wealth and political power for
the common good”(Article XIII, Section 1). 8 Suffice to say that the Constitution is always on the
side of human rights. I believe that these doctrines were placed for a reason and should always be
taken into consideration when dealing with cases regarding sex workers.
Indeed, the government should protect, respect and fulfil the rights of sex workers
including protecting them from harm, exploitation and coercion. It is their duty to ensure this
marginalized group can participate in the development of laws and policies that affect their lives
and safety. Also, we must guarantee their access to health, education and employment options. I
believe that the decriminalization of sex work should take place since criminalization makes sex
workers less safe because they are prevented from securing police protection. Criminalization to
sex workers creates stigmatization against them and may also provide impunity to the abusers
which should not be acceptable no matter the case.
In fact, Amnesty International supports decriminalization of sex work since they believe
in promoting women’s rights and gender equality. They do not aim for the removal of laws that
criminalize exploitation, human trafficking or violence against sex workers. They believe that
these laws must remain and can and should be strengthened. What they advocate for is the
removal of laws and policies criminalizing or penalizing sex work. This includes laws and
regulations related to selling and buying or organizing sex work, such as solicitation, renting
premises, “brothel keeping” and living off the proceeds of “prostitution.”9
Furthermore, decriminalizing sex work would not mean removing criminal penalties for
trafficking. Trafficking is an abhorrent human rights abuse. There are laws in place which
7 Supra note 1
8 Supra note 1
9 Supra note 2
criminalize trafficking to protect victims and bring traffickers to justice. But criminalization of
sex work can hinder the fight against trafficking – for example, victims may be reluctant to come
forward if they fear the police will take action against them for selling sex. 10 Where sex work is
criminalized, sex workers are also excluded from workplace protections which could increase
oversight and help identify and prevent trafficking.
“The tragedy of the Philippines is this: in one of the world’s loveliest countries, some of
the world’s most beautiful girls are being sold for money to some of the world’s ugliest men.” A
quote by Fr. James B. Reuter that resounds the apparent gender inequality that exists until this
very moment. Gender inequality can have a major influence on women’s entry into sex work but
criminalization does not address this in fact, it just makes their lives less safe. The government
must combat discrimination and harmful gender stereotypes, empower women and other
marginalised groups, and ensure that no one lacks viable alternatives for making a living.
No person should be forced into sex work just because they have no other choice and
need to provide a living for their families. It is high time that women empowerment be the main
focus of the government as it will ensure that women will be able to meaningfully participate in
society as their needs and rights are rightfully heard and enforced. This means women’s safety
and well-being will improve and their ability to be in control of their lives will increase. When
women are at equitable footing with men, we generate a voice that may have previously been a
whisper. A voice that demands attention and instigates change. Women’s empowerment changes
lives, changes laws, and changes perceptions which is an integral now more than ever.
10 Ibid.