Gender Sensitivity and Laws on Women and Children's Rights
Atty. Lauren Tanyag
Ma. Josefa Samonte-Ganzon – A1
Reviewer
I.
Gender Concept
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Initial Assessment on Gender Concepts
➢ Gender separates the difference between men and women. Expectations regarding the traits,
viewpoints, and anticipated actions of both men and women (femininity and masculinity) are
included in the idea of gender.
Sex and Gender
➢ Sex - “Sex” refers to the physical differences between people who are male, female, or
intersex. An individual has their sex assigned at birth based on physiological characteristics, genitalia,
and chromosome composition. This assigned sex is called “natal sex”.
➢ Gender - “Gender” on the other hand, indicates how a person identifies. It is an individual’s perceived
sex, gender identity, self-image, appearance, behavior, or expression that is different from their
assigned sex at birth. An individual may identify with genders that are different from their natal sex.
These identities include transgender, nonbinary, or gender-neutral. There are many ways to define an
individual’s own gender.
Gender also comes in as social constructs-as gender “norms” or “roles”.
Gender Roles
➢ Gender roles in society means how we’re expected to act, speak, dress, groom, and conduct
ourselves based upon our assigned sex.
Gender Stereotypes
➢ A gender stereotype is a generalized view or preconception about attributes, or characteristics that
are or expected to be possessed by women and men or the roles that are or should be performed by
men and women.
Gender stereotypes can be both positive and negative for example, “women are
nurturing” or “women are weak”.
Gender stereotyping is the practice of ascribing to an individual woman or man specific attributes,
characteristics, or roles by reason only of her or his membership in the social group of women or
men.
A gender stereotype is a belief and that belief may cause its holder to make assumptions about
members of the subject group, women and/or men.
Gender Ideology
➢ Gender is constituted by gender ideologies.
Gender ideologies are defined as views that people hold regarding gender roles. Basically, these are
attitudes regarding the gender roles which are appropriate roles, rights, and responsibilities of
women and men in society.
Policy Brief No. 11 by PH Commission on Women re: Enacting an Anti-Discrimination Based on Sexual
Orientation and Gender Identity Law
❖ Issue and Recent Experiences:
• Persons with diverse Sexual Orientation and Gender Identity (SOGI) face various forms of abuse
and discrimination, including violence, stigma, and economic barriers.
• Discrimination against LGBT individuals exists in families, communities, educational institutions,
and even within government institutions.
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Prejudice from law enforcement and service providers can deter LGBT individuals from
reporting abuse.
• Stigmatization and discrimination can lead to mental and physical health issues, including a
higher risk of suicide.
• The lack of a national anti-discrimination policy leaves LGBT individuals without proper recourse
for violations of their human rights.
❖ Importance of Addressing the Issue:
• Addressing discrimination based on SOGI will tackle gender biases and double standards,
promoting equality.
• While the Philippine Constitution guarantees equal protection of the laws, it is not consistently
applied to individuals with diverse SOGI.
• Private establishments, schools, and companies may discriminate against LGBT individuals.
• Enacting an Anti-Discrimination Law will enforce equal protection for all and combat impunity in
discrimination.
❖ Existing Laws and Policies:
• Several existing laws and policies in the Philippines protect against discrimination based on
SOGI, including the Magna Carta of Women and the Philippine Constitution.
• Civil Service Commission Memorandum Circular No. 29-2010 prohibits discrimination in civil
service exams.
• Anti-discrimination ordinances at the local government level have been enacted in several
regions.
• Legal victories have been achieved in favor of the LGBT community, such as the participation of
LGBT sectors in party-list systems.
❖ Experiences of Other Countries:
• Other countries have enacted national laws prohibiting discrimination based on sexual
orientation.
• Some U.S. states and the U.S. Equal Employment Opportunity Commission (EEOC) interpret
Title VII of the Civil Rights Act as prohibiting discrimination based on gender identity and sexual
orientation.
• Thailand and Nepal have passed laws protecting members of the LGBT community from
discrimination.
❖ Considerations in Addressing the Issue in the Philippines:
• Enacting an anti-discrimination law will contribute to gender equality and uphold human
rights.
• International human rights laws and treaties support the protection of LGBT rights.
• The Universal Declaration of Human Rights and the International Convention on Civil and
Political Rights emphasize the right to life and freedom from discrimination.
❖ Policy Recommendation:
• The Philippine Commission on Women (PCW) supports the passage of an anti-discrimination
law that penalizes discriminatory acts, establishes monitoring mechanisms, creates redress
mechanisms, provides guidelines for handling LGBT victims and detainees, mandates policy
reviews, and integrates SOGI rights orientation.
• The PCW advocates for awareness-raising campaigns and the integration of SOGI rights
education in employee orientations.
❖ Conclusion:
The PCW emphasizes its commitment to ending gender-based discrimination and recommends the
enactment of an anti-discrimination law as a crucial step toward achieving gender equality and
ending all forms of gender discrimination.
II.
Gender Fair Language
➢ Gender fair language connotes the idea of using language that is not gender biased,
meaning the utilization of words or sentences that neither identifies the person or subject as a
man or woman.
1. Importance of Gender Fair Language
➢ Because it supports gender equality, respects individual identities, promotes inclusivity, avoids
stereotypes, enhances communication, complies with legal and ethical standards, reflects societal
progress, sets a positive example, reduces harm, and encourages critical thinking. By using language
that is inclusive and respectful of all genders, we contribute to a more equitable and inclusive society.
2. Sexism in Language
➢ Sexism in language refers to the use of language that reinforces stereotypes, discrimination, or bias
based on gender. It can manifest in various forms, including subtle biases, gendered language, and
harmful stereotypes. Sexism in language is problematic because it perpetuates gender inequality and
reinforces harmful attitudes and behaviors.
Efforts to combat sexism in language include promoting gender-neutral language, raising awareness
about the impact of gendered language, and encouraging inclusive communication. Many style
guides and language organizations now provide guidelines for using gender-fair language that
respects all genders. The goal is to create a more equitable and respectful linguistic environment that
reflects and supports the diverse experiences and identities of individuals.
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AM No. 21-11-25 SC
The High Court deemed it necessary to pass the guidelines in order to establish a common use of
language, whether written or spoken, that will not be gender biased and offensive. The approval of
the Resolution by the High Court indicates the Court’s flexibility on dealing with modern society. It
also sets a precedent among Government institutions to adapt such guidelines in order establish
gender equality among its employees and with the people they deal with in their everyday
transactions.
Gender Sensitive Laws and Rules
CEDAW
➢ CEDAW stands for the Convention of the Elimination of All Forms Discrimination against Women
which was adopted on 18 December 1979 by the United Nations General Assembly and entered into
force as an international treaty on 3 September 1981. This convention emanates from the more than
30 years work by the United Nations Commission on the Status of Women, a body established in
1946 to monitor the situation of women and to promote women's rights. The Commission's work has
been instrumental in bringing to light all the areas in which women are denied equality with men.
➢ The CEDAW is also known as the International Bill of Rights of Women with preamble and
introduction, consisting of 30 articles. One of the unique characteristics of this Convention is that it
provides the affirmative actions that will guide each States to observe in political, economic, social,
cultural, civil among others. This also sets an agenda for action by countries to guarantee the
enjoyment of those rights.
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1995 Beijing Platform for Action
➢ The 1995 Beijing Platform for Action is a landmark international agreement that emerged from the
United Nations Fourth World Conference on Women held in Beijing, China. It outlines a
comprehensive roadmap for advancing gender equality and women's empowerment. Key
components of the platform include addressing issues such as women's rights to education, health,
and economic opportunities; ending violence against women; promoting women's participation in
decision-making; and recognizing the interconnectedness of gender equality with sustainable
development. The Beijing Platform for Action is a critical document that continues to guide efforts
to promote gender equality and women's rights worldwide.
ILO C190, ILO C183, ILO C156
1. ILO C190 - Violence and Harassment Convention, 2019 (No. 190)
➢ The ILO C190, or Violence and Harassment Convention, 2019 (No. 190), is an international treaty adopted
by the International Labour Organization (ILO) in June 2019. It is a significant global instrument addressing
workplace violence and harassment. C190 covers both the public and private sectors and applies to all
workers, irrespective of their employment status.
➢ ILO Convention No. 190 is a significant step toward addressing workplace violence and harassment,
promoting safer and more respectful work environments, and advancing the rights and well-being of
workers worldwide. It reflects a commitment to the principles of dignity, respect, and equality in the
workplace.
2. ILO C183 - Maternity Protection Convention, 2000 (No. 183)
➢ The Maternity Protection Convention, 2000 (No. 183), adopted by the International Labour
Organization (ILO), is an international treaty that focuses on safeguarding the rights and well-being of
pregnant and nursing workers. C183 applies to all employed women, including those in the public and
private sectors.
➢ The Convention prohibits discrimination against pregnant and nursing workers and ensures that they
enjoy equal treatment with other workers.
➢ Maternity Leave: It establishes a minimum period of maternity leave of at least 14 weeks, with
compulsory leave of at least six weeks following childbirth.
The Convention encourages the extension of maternity leave to promote the well-being of both
mothers and children.
➢ Cash Benefits: C183 requires that pregnant and nursing workers receive cash benefits, either through
social security or other means, to ensure their financial security during maternity leave.
➢ Job Security and Non-Discrimination on Return to Work: The Convention guarantees job security for
pregnant and nursing workers and ensures that they can return to their previous or equivalent positions
without discrimination.
➢ Breastfeeding Facilities: Employers are encouraged to provide facilities for breastfeeding or expressing
milk at the workplace.
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ILO C156 - Workers with Family Responsibilities Convention, 1981 (No. 156)
The Workers with Family Responsibilities Convention, 1981 (No. 156), adopted by the International
Labour Organization (ILO), is an international treaty that aims to address the challenges faced by
workers with family responsibilities. C156 applies to both men and women with family
responsibilities, including childcare and other caregiving responsibilities.
➢ Non-Discrimination: The Convention prohibits discrimination against workers based on their family
responsibilities. It ensures that workers with family responsibilities enjoy equal opportunities and
treatment in employment.
➢ Employment Protection: Workers should not face unfair dismissal or adverse treatment due to their
caregiving responsibilities.
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Flexible Work Arrangements: It supports the adoption of flexible work arrangements, such as part-time
work, telecommuting, and flexible hours, to help workers balance their work and family obligations.
The Workers with Family Responsibilities Convention, 1981 (No. 156), recognizes the importance of
supporting workers in managing their work and family responsibilities. It promotes gender equality,
work-life balance, and the elimination of discrimination in the workplace based on family
responsibilities. The Convention acknowledges that the responsibilities of caregiving should not hinder
individuals' access to decent work and equal opportunities for career advancement.
ILO C111, ILO C100, Republic Act No. 6725
ILO C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
The Discrimination (Employment and Occupation) Convention, 1958 (No. 111), adopted by the
International Labour Organization (ILO), is an international treaty aimed at eliminating discrimination in
employment and occupation.
It defines "discrimination" as any distinction, exclusion, or preference made on the basis of race, color,
sex, religion, political opinion, national extraction, or social origin that has the effect of nullifying or
impairing equality of opportunity or treatment in employment or occupation.
Equal Treatment: The Convention requires that all workers, without discrimination, have the right to
equal treatment in terms of employment opportunities, remuneration, and other employment conditions.
Protection Against Discrimination: Employers are prohibited from engaging in discriminatory practices
during the hiring process, employment, or occupation. Discrimination based on the protected categories
mentioned in the Convention is strictly prohibited.
Positive Measures: The Convention encourages the adoption of positive measures, such as affirmative
action, to promote equality of opportunity and treatment in employment and occupation.
These measures are designed to address historical inequalities and underrepresentation of certain groups.
Exceptions: C111 allows for exceptions when specific qualifications are required for a particular job, and
the discrimination is based on genuine occupational requirements.
ILO C100 - Equal Remuneration Convention, 1951 (No. 100)
The Equal Remuneration Convention, 1951 (No. 100), established by the International Labour
Organization (ILO), is an international treaty aimed at promoting equal pay for equal work without
discrimination.
It defines "equal remuneration" as remuneration for work of equal value, regardless of the worker's sex.
Equal Pay for Equal Work: The Convention requires that men and women receive equal pay for
performing work that is of equal value. The principle of equal pay applies to all aspects of remuneration,
including wages, bonuses, overtime pay, and other benefits.
Non-Discrimination: C100 prohibits discrimination based on sex with regard to remuneration. Employers
are not allowed to establish pay rates that discriminate against women compared to men.
Equal Treatment: It ensures that women and men receive equal pay for work of equal value, even if the
work is not identical but is of equal worth. The Convention recognizes the importance of assessing the
value of work through objective criteria, such as skills, effort, responsibility, and working conditions.
Exceptions: C100 allows for exceptions when there is a wage differential based on factors unrelated to
sex, such as seniority, merit, or productivity.
Republic Act No. 6725: Act Strengthening The Prohibition On Discrimination Against Women With
Respect To Terms And Conditions Of Employment, Amending For The Purpose Article One Hundred
Thirty-Five Of The Labor Code, As Amended
Republic Act No. 6725 is a Philippine law that strengthens the prohibition of discrimination against
women in terms and conditions of employment. It amends Article One Hundred Thirty-Five of the Labor
Code to enhance protections for female workers.
Non-Discrimination: The law reinforces the principle of non-discrimination against women in the
workplace. It prohibits employers from discriminating against female employees based on their gender.
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Equal Pay for Equal Work: Republic Act No. 6725 emphasizes that women should receive equal pay for
equal work. It ensures that female workers are compensated fairly for performing the same tasks as their
male counterparts.
Employment Benefits: The law extends equal employment benefits to both male and female employees.
It ensures that women receive the same benefits, such as healthcare, retirement, and other privileges, as
their male colleagues.
Maternity Leave: The law recognizes the importance of maternity protection. It mandates employers to
provide reasonable maternity leave benefits to female workers, allowing them to recover from childbirth
and bond with their newborns.
Anti-Discrimination Measures: Republic Act No. 6725 encourages the adoption of anti-discrimination
programs and policies in the workplace. Employers are encouraged to create an environment free from
gender-based discrimination.
Equal Opportunities: The law promotes equal opportunities for female workers. It aims to eliminate
barriers that may prevent women from accessing the same job positions, promotions, and career
advancements as men.
Penalties: Employers found guilty of violating the provisions of the law may face penalties, including fines
and imprisonment. These penalties serve as deterrents to discrimination in the workplace.
Gender Sensitivity: The law promotes gender sensitivity in employment practices and policies. It
encourages employers to recognize the unique needs and contributions of female workers.
VII R.A 9262: AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN,
PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES
THEREFORE, AND FOR OTHER PURPOSES
R.A. 9262, also known as the Anti-Violence Against Women and Their Children Act of 2004, defines and penalizes
various forms of violence, including physical, sexual, psychological, and economic abuse. The law protects women,
former wives, women with whom the offender has or had relations, and children. It provides three types of
protection orders: Barangay, Temporary, and Permanent Protection Orders. Offenders, including husbands, exhusbands, boyfriends, and others, may face imprisonment, fines, and mandatory counseling. The law is not
exclusive to male offenders, and related legislation includes the Anti-Sexual Harassment Act, Anti-Rape Law, and
others. The relevance of R.A. 9262 lies in addressing prevalent domestic violence, with statistics indicating
thousands of cases filed. Notable legal cases, such as People v. Genosa, involve defenses like the Battered Woman
Syndrome. The law's significance is underscored by its role in empowering women and curbing abuse. The
conclusion emphasizes the need to end violence against women, with UN Women offering practical steps, even in
a pandemic, to support victims and foster awareness.
IX - Republic Act No. 9208: Anti-Trafficking in Person Act of 2003
Republic Act No. 8353: Anti-Rape Law of 1997
Republic Act No. 8505: Rape Victim Assistance and Protection Act
This paper will delve into three laws, namely Republic Act No. 9208, Republic Act No. 8353,
and Republic Act No. 8505. These laws are crucial in our lives and paramount in addressing
and combating violence and exploitation, with a focus on protecting the fundamental rights of
individuals, especially women and children.
Republic Act No. 9208 (Anti-Trafficking in Person Act of 2003) and Republic Act No. 8353
(Anti-Rape Law of 1997) explicitly address crimes committed without the consent of victims,
underlining the paramount importance of consent, and the need to prevent such acts. In
contrast, Republic Act No. 8505 (Rape Victims Assistance and Protection Act of 1998) plays
a crucial role in providing a comprehensive framework for addressing the offenses outlined in
Republic Act No. 8353 while simultaneously extending support, assistance, and protection to
the victims.
This paper endeavors to offer an exhaustive exploration of these laws, highlighting their
significance in safeguarding not only your rights but those of your family, friends, and
relatives as well. Understanding and applying these laws is pivotal in upholding justice,
fostering social harmony, and maintaining social order, thus contributing to the creation of a
safer and more peaceful place for all.
Republic Act 9208, known as the Anti-Trafficking in Persons Act of 2003, addresses the trafficking of individuals,
with a specific focus on women and children. The law criminalizes trafficking as a breach of human rights and
outlines three interconnected elements: acts, means, and purpose. Acts encompass various actions exploiting
individuals, while means involve the use of threats, force, coercion, deception, or exploitation of vulnerability. The
purpose is the intent to exploit individuals for prostitution, forced labor, slavery, involuntary servitude, or organ
trade. The law also classifies recruiting, transporting, harboring, adopting, or receiving a child for exploitation, even
without specific means, as "trafficking in persons."
Under the Anti-Trafficking in Persons (TIP) Law, punishable acts involve any actions where the three elements of
TIP (acts, means, purpose) are present. Examples include recruiting, employing, offering, transferring, sheltering,
or accepting individuals for prostitution, pornography, or sexual exploitation. These actions may be disguised as
domestic or international employment, apprenticeships, or organized tours. Other punishable acts include
employing individuals for prostitution or pornography, adopting individuals for exploitative purposes, and
recruiting, transporting, acquiring, sheltering, receiving, or abducting individuals using threats, force, fraud,
deception, violence, coercion, or intimidation for organ removal or trade.
Qualified Trafficking in Persons (TIP) occurs under specific conditions:
a. If a child is the trafficked person.
b. When adoption follows Republic Act No. 8043 guidelines, leading to exploitation for purposes like prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude, or debt bondage.
c. When committed by a syndicate or on a large scale:
Syndicate involvement requires three or more individuals conspiring together.
Large-scale applies when it affects three or more individuals, whether acting individually or as a group.
d. When the perpetrator is a spouse, ancestor, parent, sibling, guardian, or an individual wielding authority over
the trafficked person.
e. If the crime is committed by a government official or employee.
f. When the trafficked person is recruited for prostitution involving any member of the military or law enforcement
agencies.
g. If the offender belongs to the military or law enforcement agencies.
h. When the trafficked person dies, becomes mentally ill, experiences mutilation, or contracts HIV/AIDS.
i. If the offender commits one or more acts of trafficking in persons spanning a period of 60 days or more.
j. When the offender directly or indirectly manages the trafficking victim.
Trafficked persons under Republic Act No. 9208 are entitled to several protections:
Legal Protection:
Trafficked persons are treated as victims and not punished for any crimes associated with trafficking.
Consent to intended exploitation is not considered significant.
Free Legal Assistance:
The Philippine Overseas Employment Administration (POEA) and the Department of Justice (DOJ) establish a
system for providing free legal assistance.
Specialized prosecutors are appointed and trained by the DOJ for trafficking cases.
Collaboration with the Department of Social Welfare and Development (DSWD), the Integrated Bar of the
Philippines (IBP), and NGOs ensures access to free legal aid.
Right to Privacy and Confidentiality:
Privacy rights of both trafficked persons and accused individuals must be respected throughout investigation,
prosecution, and trial.
Witness Protection Program:
Trafficked individuals have the right to avail themselves of the witness protection program under Republic Act No.
6981, ensuring support and protection for those testifying against traffickers.
Mandatory Services:
Government agencies must provide essential services for the recovery, rehabilitation, and reintegration of
trafficked individuals.
Services include shelter, psychological counseling, free legal assistance, medical and psychological support,
livelihood and skills training, and educational support for trafficked children.
The comprehensive approach addresses the multifaceted needs of trafficked persons.
Who may file a complaint?
1. The trafficked person or the offended party
2. Spouse
3. Parents or legal guardians
4. Siblings
5. Children
6. Any person who has personal knowledge of the offense
Our government has organized IACAT (Inter-Agency CouncilAgainst Trafficking) include the following:
1. DOJ
2. DSWD
3. Philippine National Police - Women and Children’s Protection Center
4. National Bureau of Investigation - NBI-Anti-Human Trafficking Division
5. Bureau of Immigration
6. Philippine Overseas Employment Administration - Legal Assistance Division
7. For Filipinos Overseas: Philippine Embassy/Consulate which has jurisdiction over the
place where the trafficking occurred or where the trafficked person is.
8. PCTC - Philippine Center on Transnational Crime
9. CFO - The Commission on Filipinos Overseas
"The Anti-Rape Law of 1997" expands the definition of the crime of rape and reclassifies it as a Crime Against
Persons under the Revised Penal Code. The key provisions include:
Classification as a Crime Against Persons:
Rape is reclassified as a Crime Against Persons under Title Eight of the Revised Penal Code.
A new chapter, Chapter Three on Rape, is incorporated into Title Eight.
Definition and Penalties:
Rape is committed under various circumstances, and penalties vary.
Rape is punishable by reclusion perpetua, and death penalty may apply in specific situations.
Aggravating/qualifying circumstances, such as the victim's age, the use of a deadly weapon, or affiliation with law
enforcement, can escalate the penalty to death.
Protection for Victims:
Legal protection is granted to trafficked persons treated as victims, irrespective of consent.
Free legal assistance is provided by government agencies.
Right to privacy and confidentiality is ensured during investigation and trial.
Witness Protection Program:
Trafficked persons have the right to avail themselves of the witness protection program.
Mandatory Services:
Various government agencies are mandated to provide essential services for the recovery, rehabilitation, and
reintegration of trafficked individuals.
Services include shelter, counseling, free legal assistance, medical and psychological support, livelihood and skills
training, and educational support for trafficked children.
"The Rape Victim Assistance and Protection Act of 1998" aims to provide necessary assistance and protection for
rape victims. The key provisions include:
Declaration of Policy:
The State declares its policy to coordinate various agencies and non-government organizations for the
establishment of a rape crisis center in every province and city.
Rape Crisis Center:
The Department of Social Welfare and Development (DSWD), Department of Health (DOH), Department of the
Interior and Local Government (DILG), Department of Justice (DOJ), and a lead non-government organization
(NGO) will establish a rape crisis center in every province and city.
The center will provide psychological counseling, medical and health services, free legal assistance, assistance in
investigations, privacy and safety for victims, family support, training programs, and recovery programs.
Duty of the Police Officer:
The police officer, upon receiving a rape complaint, must refer the case to the prosecutor, arrange counseling and
medical services for the victim, and report on the actions taken.
A women's desk in every police precinct and female investigators and prosecutors are mandated for cases
involving women rape victims.
Protective Measures:
Recognizes the right to privacy of the offended party and the accused throughout the investigation, prosecution,
and trial.
Allows closed-door proceedings when necessary and prohibits the disclosure of personal information to the public.
Rape Shield:
In prosecutions for rape, evidence of the complainant's past sexual conduct, opinion, or reputation is generally not
admissible unless deemed material and relevant to the case.
Appropriations:
Allocates One hundred twenty million pesos (P120,000,000.00) from the Organizational Adjustment Fund for the
establishment and operation of rape crisis centers in the first year.
Subsequent funding will be included in the annual budgetary allocations for concerned agencies in the General
Appropriations Act.
X RA 7877: ANTI SEXUAL HARASSMENT ACT OF 1995
RA 11313: SAFE SPACES ACT
Republic Act No. 7877 - Anti-Sexual Harassment Act of 1995
Section 1: The Act is known as the "Anti-Sexual Harassment Act of 1995."
Section 2: Declares all forms of sexual harassment in employment, education, or training environments as
unlawful, aiming to value individual dignity, human rights, and uphold the dignity of workers, employees,
applicants, students, or trainees.
Section 3: Defines work, education, or training-related sexual harassment, involving employers, employees,
teachers, or anyone in authority. Specifies instances in work and education environments where such harassment
may occur.
Section 4: Imposes a duty on the employer or head of the institution to prevent sexual harassment, establish
procedures for resolution, and provide sanctions. Requires the creation of a committee for investigation and
prevention.
Section 5: Holds the employer or head of the institution solidarily liable for damages if informed of sexual
harassment and fails to take immediate action.
Section 6: Allows victims to independently pursue a separate action for damages and other affirmative relief.
Section 7: Penalties for violations include imprisonment of not less than one month nor more than six months or a
fine ranging from Ten thousand pesos (P 10,000) to Twenty thousand pesos (P 20,000), or both, at the discretion of
the court.
The Republic Act 11313, also known as the Safe Spaces Act, was signed into law on April 17, 2019, with the
objective of addressing gender-based sexual harassment in various public spaces, including cyberspace. The law
defines terms such as catcalling, gender, gender-based online sexual harassment, gender identity and/or
expression, public spaces, and stalking.
The law identifies and penalizes different forms of gender-based sexual harassment, including acts in streets and
public spaces, privately-owned places open to the public, public utility vehicles, and online platforms. Penalties
range from fines and community service to arresto menor (6 to 10 days) and arresto mayor (1 month and 1 day to
6 months) depending on the severity and repetition of the offense.
Specific provisions address sexual harassment in workplaces, educational and training institutions, and include
qualifications for heightened penalties if the victim is a minor, senior citizen, person with disability, breastfeeding
mother, or if the perpetrator is a member of the uniformed services or a government employee.
The law expands the scope of offenders beyond those in authority to include anyone, covering even sexist,
homophobic, and transphobic remarks. It does not supersede the original Anti-Sexual Harassment Act but can be
applied in conjunction with it. Offenses may also intersect with other laws like the Anti-Violence Against Women
and Children Act.