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
Research Assignment No. 3
Submitted by:
NISCE, Alyssa Angela R.
Submitted to:
Dr. Emily Sanchez Salcedo
July 17, 2018

People living within the bounds of marginalized sectors face unique challenges and
barriers to fully realizing their basic human rights. Sex workers are at a particularly increased
risk of violence, criminalization and vulnerability due to the nature of their work. Prostitution, a
form of sexual exploitation and violence against women and girls is a human rights violation. It
is an exploitative system that commodifies, objectifies and dehumanizes women, men and
children who are being sold within the system. 1 Sex work on the other hand refers to consensual
exchanges between adults.2 Although it is seen as a crime and is illegal in the Philippines, those
involved are mostly not criminals but victims of an impoverished society. Some are victims of
rape or incest, some are girls from rural areas who were fooled by illegal recruiters but most are
victims of different circumstances who had no better choice but to fall into prostitution.
It is evident that prostitution is merely a symptom of the disease that is poverty. With
poverty plaguing the country and employment opportunities being scarce, more than 400,000
Filipinos are engaged in the sex industry living below the poverty line. There are some who have
been illegally transported to neighboring Asian countries, lured by the promise of a brighter
future.3 It is both alarming and heartbreaking to know that our fellow citizens are often pushed to
sell their dignity in exchange for the basic needs.
Moreover, it seems like the current administration is taking the issue at hand lightly as the
spotlight is focused on the campaign against illegal drugs. Although the crusade against drugs is
a noble cause if not in violation of human rights, it causes the government to neglect other
pressing matters. President Duterte’s administration is reportedly lax when it comes to sex trade
and sexual harassment, which makes sense given the president’s degrading remarks about
women over the last year. Without the head of the state supporting and fighting for women
empowerment, the sex trade in the Philippines will continue to grow. Filipinos will be more
vulnerable to gender discrimination and the notion that women are inferior when they enter into
the sex trade. Gender inequality in prostitution will be manifest through the stigma attached to
prostituted persons and will impair the fundamental dignity of women and girls.
1 Philippine Commission on Women. (n.d.). Retrieved from http://www.pcw.gov.ph/wpla/enacting-anti-

prostitution-law-amending-articles-202-and-341-revised-penal-code-rpc
2 Q&A: Policy to protect the human rights of sex workers. (n.d.). Retrieved from https://www.amnesty.org/en/qa-
policy-to-protect-the-human-rights-of-sex-workers/
3 The Dark Side of Poverty: Students as Sex Workers • PhilippineOne. (2017, November 24). Retrieved from
https://philippineone.com/the-dark-side-of-poverty-students-as-sex-workers2/
Over time, our laws become less prejudiced and discriminatory. However, in the 20th
century, the rights for sex workers have in many ways diminished. In the past, the law did not
bend in the direction of greater equality. Sex workers have been marginalized by stigma that
portrays them as immoral, dangerous, even diseased figures. As seen in the case, those in the sex
trade are referred to as “women of ill repute.” This sole fact shows clear disregard for the right
against discrimination that women enjoy today.
Those one hundred and seventy women involved were forcibly hustled on board
steamers for transportation to regions unknown without their consent. Although it was ruled in
favor of the women at the end, the fact that this happened not so long ago shows how unjust the
system was then and how women were unfairly treated based on their gender. In fact, the case
stated that there were laws then that enabled the government to expel alien prostitutes from the
Philippines due to the “undesirability” of having them. I believe that the law then did not allow
for women to have a significant role in society which is both demeaning and disturbing as you
can clearly see the imbalance in authority men have over women.
If the the chief of police, Anton Hohmann and the Mayor of the city of Manila, Justo
Lukban or any municipality in the Philippines could forcibly and illegally take private citizens
and place them beyond the boundaries of the municipality to “exterminate vice” it can be
deemed as unconstitutional. This is clearly in disregard of the basic right to liberty enshrined in
our very own Constitution. For them to even use it as an argument shows how lax the execution
of the laws that were in place. This could drive an illicit movement to bring people to be open to
sexual discrimination and even sexual exploitation. To the eyes of the public, it could cause
belief that women who are engaged in the sexual trade are lesser just because of their
involvement.
As stated in the case, law defines power. Centuries ago Magna Charta decreed that —
"No freeman shall be taken, or imprisoned, or be disseized of his freehold, or liberties, or free
customs, or be outlawed, or exiled, or any other wise destroyed; nor will we pass upon him nor
condemn him, but by lawful judgment of his peers or by the law of the land. We will sell to no
man, we will not deny or defer to any man either justice or right." 4 No official should hide
behind the guises of the law and claim that people are of lesser value due to the nature of their
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
5 Baratta, T. (2016, May 25). Home. Retrieved from

http://lewiscar.sites.grinnell.edu/HistoryofMedicine/uncategorized/sex-work-and-stigma-a-historical-medical-
approach/
and now the benefits of this law can finally become a reality for millions of Filipinos. 6 Women
have waited long enough for the reproductive health services and information they deserve, and
the Supreme Court came through for women in this case. The government must now move
quickly to implement all the necessary policies and programs to help combat gender
discrimination and inequality.
On the dissenting opinion of Justice Torres, it stated that they did not find any apparent
disobedience and marked absence of respect in the steps taken by the mayor of the city and his
subordinates, if they take into account the difficulties encountered in bringing the said women
who were free at Davao and presenting them before the court within the time fixed, inasmuch as
it does not appear that the said women were living together in a given place. I believe that there
in fact was an abuse of authority and this should not be acceptable in any province or
municipality. It is apparent that the mayor acted without concern for their community as a whole
since although the sex workers were considered as outcasts, they were still part of his jurisdiction
and therefore should have treated them with the respect they deserve.
Justice Torres also considered not only the rights and interests of the said women but
also the rights and interests of the very numerous people of Manila who according to Justice,
“can not, with indifference and without repugnance, live in the same place with so many
unfortunate women dedicated to prostitution.” Justice Torres also classified prostitution as a
“reproachable enterprise and shameful business” which I believe is absolutely discriminatory.
This dissenting opinion on this case is discriminatory against women as it views prostituted
women as criminals who engage in the sex industry for monetary gain. It views women as the
cause of ill in the society, but not those who are on the demand side of prostitution which I think
is the wrong side if the coin. More often than not, women in this particular sector are subject to
human rights abuse like rape, violence, trafficking, exclusion from health services and the like.
The very real problem are those who frequently harm sex workers and hire them against their
will, which should be focused on more because they are overly broad and not targeted enough.
Prostitution thrives because of gender inequality and lack of respect for women’s human
rights clearly seen on the false notion that women are inferior, are considered as sexual objects
and commodities, while men are superior, are the decision-makers and the owners of properties.
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.

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De La Salle University - Manila

Term 3, A.Y. 2017-2018

Research Assignment No. 3

July 17, 2018

1 Philippine Commission on Women. (n.d.). Retrieved from http://www.pcw.gov.ph/wpla/enacting-anti-

5 Baratta, T. (2016, May 25). Home. Retrieved from

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