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Gender-Based Violence: Survivor, Victim, Perpetrator, and Human Rights
Gender-Based Violence: Survivor, Victim, Perpetrator, and Human Rights
INTRODUCTION:
Gender based violence is one of the most widespread and human rights abuses, but least
recognized in the world. It refers to any harm perpetrated against a person’s will on the basis of
gender, the socially ascribed differences between males and females.
Gender based violence has devastating consequences not only for victims, but also for society
as a whole. (Signal et.al 2013) It results in physical, sexual, and psychological harm to both men and
women and includes any form of violence or abuse that targets men or women on the basis of their
sex.
In the Philippines, gender-based violence has clearly been placed in the realm of women’s
human rights over the past decade. Prior to 1993, most governments regarded violence against
women largely as a private matter between individuals. (Loi et.al 1999)
Gender-based violence experienced by women and girls refers to battering and other forms
of intimate partner violence including marital rape, sexual violence, dowry-related violence, female
infanticide, sexual abuse of female children in the household, honor crimes, early marriage, forced
marriage, female genital cutting and other traditional practices harmful to women, sexual
harassment in the workplace and educational institutions, commercial sexual exploitation,
trafficking of girls and women, and violence perpetrated against domestic workers. (USAID 2009)
Gender-based violence cuts across public and private spheres, including: home, school, and
work, and takes place during peacetime and conflict. It is both a human rights and a development
issue, with negative consequences for both women and men.
HUMAN RIGHTS
Human rights are universal, inalienable, indivisible, interconnected, and interdependent.
Everyone is entitled to all the rights and freedoms without distinction of any kind, such as race, color,
sex, language, religion, political or opinion, national or social origin, property, birth, or other status.
Prevention of and response to gender-based violence is directly linked to the protection of
human rights. Acts of gender-based violence violet a number of human rights principles enshrined in
international human rights instruments and in our Philippine Constitution.
These include the following, amongst others:
The right to life, liberty, and property of persons;
The right to the highest attainable standard of physical and mental health;
The right to freedom from torture or cruel, inhuman, or degrading treatment or punishment;
The right to freedom of opinion and expression and to education; (UNFPA 2014).
WOMEN AND THE LAW
INTRODUCTION
THE 1987 CONSTITUTION
The Philippines is known for its very liberal and progressive Constitution that was formulated
during the euphoria of People Power Revolution in 1986. Gender equality is a key element of this
Charter and as enshrined in Article Il Section 14 of the 1987 Constitution, “the State recognizes the
role of women in nation-building and shall ensure the fundamental equality before the law of
women and men.”
Considering the unequal gender relations in the country, the Constitution further provided for
women representation. (as one of the nine marginalized sectors) in the legislature through the party-
list system (which should cover 20% of the lower house).
Finally, Article 13 Section 14 specifically mentioned. that the “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”.
These specific provisions served as bases to several legislations about women. As a result, laws
of women became aplenty, anchored from the constitutional provisions mentioned. The lack or
sufficiency of these specific provisions depends on the existing and current need of the country.
These laws not only promote gender equality, but also gives protection to women’s rights and
enhances women empowerment.
The laws listed above should always be remembered since these are the very basic laws on
women’s rights and women empowerment. Women’s rights and women empowerment are very
important to the Philippine society as this ensures inclusive growth and development of our country.
NATIONAL PROGRAMS
Based on the Philippine laws stated, a myriad of projects, initiatives, and processes on the
gender challenge arose. This includes the following:
Philippine Plan for Gender Responsive Development (1995-2025). The National Plan for
Women that consolidates the action commitments of the Philippines during the Beijing World
Conference on Women: This is the overall frame that is also the point of reference for the
discussions and monitoring of gender mainstreaming.
Gender and Development Budget (GAD). Integral to the national plan, it is aimed at
“institutionalizing gender concerns in the mainstream development process and agenda and
not just peripheral programs and projects of the government”.
Concretely, it prescribes for the allocation of 5% of the government agency’s/local government
unit's budget on gender-responsive activities and projects. As a result, implementation of the
development programs and policies of government also means women partaking a role in
governance. As primarily stakeholders in the development process, women have the right to
maximize their involvement in governance, be it at the local or national level.
Framework Plan for Women (FPW). This is part of the Philippine Plan for Women developed to
focus on three thrusts, namely: promoting women’s economic empowerment, advance and
protect women human rights; and promote gender responsive governance. This plan
identifies the concrete gender issues that will be addressed, pinpoint targets and indicators,
name programs, formulates the implementation plan, and set-up tools for monitoring and
evaluation.
WOMEN'S RIGHT TO PARTICIPATE
Women’s right to vote was granted in 1937. The Constitution of 1935 stipulated that the right
of suffrage would be extended to women, only if 300,000 women voted in its favor during a national
plebiscite. This consolidated the emerging women’s movement and “... brought to the fore the
activism of such women as Concepcion Felix de Calderon who formed the Asociacion Feminista Filipina
in June 1905, Rosa Sevilla de Alvero and a young Trinidad Almeda, Miss Constancia Poblete, founder of
Liga Femenina de la Paz, Pura Villanueva Kalaw and Paz Mendoza Guazon, Pilar Hidalgo Lim, President
of the National Federation of Women’s Clubs and Josefa Llanes Escoda, president of the Girl Scouts of
the Philippines” (Ugnayan ng Kababaihan sa Pulitika 1998).
The General Council of Women was then established in Manila to direct the plebiscite
campaign. Its aim was to draw the support of the broadest number of women. As it turned out,
447,725 women voted yes in the 1937 plebiscite. Interestingly, 44,307 women voted against the
provision. What followed was a colorful history of women’s foray into the various levels of electoral
victories, but generally pushed by familial affiliation and elite association.
At present, women’s right to vote and participate are maintained and further protected by
existing laws at hand.
1. four kinds of violence against women and children are defined - the law defined four kinds
of violence-physical, psychological, sexual, and economic-in its effort to encompass all types
of abuses inflicted to women and their children
2. VAWC is a public crime - the crime is perpetrated not only against a single individual, but
against the entire society, thus, anyone who has personal knowledge of the abuse, violence,
or discrimination can file a complaint;
3. protection orders can be issued against the perpetrator - upon filing the case, the victim
survivor or anyone who has personal knowledge can apply for a protection order to enforce
distance between her and the perpetrator; and
4. stronger community mechanisms to respond to cases - various government agencies are
mandated to aptly respond or formulate mechanisms to respond to reported cases of
VAWC immediately.
PROTECTION ORDER
A protection order under the Anti-VAWC Law is defined as:
“… an order issued... for the purpose of preventing further acts of violence against a woman
and her child specified in Section of this Act and granting other necessary relief. The relief granted
under a protection order should serve the purpose of safeguarding the victim, minimizing any
disruption in the victim's daily life, and facilitating the opportunity and ability of the victim to
independently gain control of her life.”
The law enumerates the following reliefs that may be availed of through a protection order:
1. prohibition of the respondent (perpetrator) from threatening to commit or committing
personally or through another, any of the acts penalized by the Anti-VAWC law;
2. prohibition of the respondent from harassing, annoying, telephoning, contacting, or otherwise,
communicating with the petitioner (victim-survivor) directly or indirectly;
3. removal and exclusion of the respondent from the. residence of the petitioner whether
temporarily or permanently;
4. directing the respondent to stay away from the petitioner and any designated family or
household member at a distance specified by the court;
5. directing lawful possession and use by the petitioner of an automobile and other personal
effects regardless of ownership;
6. granting temporary or permanent custody of a child/children to the petitioner;
7. directing the respondent to provide support to the woman and/or her child if entitled to legal
support;
8. prohibition of the respondent from any use or possession of any firearm or deadly weapon and
order him to surrender the same, including revocation of license and disqualification to apply
for any license to use or possess a firearm;
9. restitution for actual damages caused by violence inflicted including property damage, medical
expenses, and loss of income;
10. directing the Department of Social Welfare and Development (DSWD) or any appropriate
agency to provide temporary shelter and other social services that the petitioner may need;
and provision of other forms of relief as may be necessary to protect and provide for the safety
of the petitioner.
RIGHTS OF VICTIM-SURVIVOR OF VAWC CASES
RA 9262 specified the following as rights of the victim-survivors:
“Section 35. Rights of Victims - In addition to their rights under existing laws, victim of violence
against women and their children shall have the following rights:
a) to be treated with respect and dignity;
b) to avail of legal assistance from the Public Attorney’s Office and the Department of Justice or
any public legal assistance office;
c) to be entitled to support services from the DSWD and the LGUs (local government units);
d) to be entitled to all legal remedies and support as provided for under the Family Code; and
e) to be informed of their right to apply for a protection order.”
The right to privacy of the victim is also provided in the law, and its violation is punishable by
imprisonment and fine.