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.

CONSEQUENCES OF GENDER-BASED VIOLENCE

These consequences include serious, immediate, and long-term impacts on the sexual, physical,
and psychological health of survivors.
Health consequences include unwanted pregnancies, complications from unsafe abortions,
sexually transmitted infections including HIV, injuries, mental health, and psychosocial effects
(depression, anxiety, post-traumatic Stress, suicide and death). Violence also affects children's
survival, development, and school participation.
Social consequences extend to families and communities. Families can also be stigmatized as-
a consequence of gender-based violence. For example, when children are born following a rape, or if
family members choose to stand by a survivor, fellow members of their community may avoid them.
Economic consequences include the cost of public health and social welfare systems and the
reduced ability of many survivors to participate in social and economic life. (World Health Organization,
Global and Regional Estimates of Violence against Women 2013, http://bit.ly/1oTfGVG).
SURVIVOR, VICTIMC AND PERPETRATOR
Survivor is the preferred term (not a “victim”) of a person who has lived through an incident of
gender-based violence. A perpetrator is a person, group, or institution that inflicts, supports, or
condones violence or other abuse against a person or group of persons.
Characteristics of perpetrators include:
a. Persons with real or perceived power,
b. Persons in decision-making positions; and
c. Persons in authority.
In all incidents of GBV, there is always a survivor/victim and a perpetrator. Therefore, all actions
in the prevention and responses to GBV need to address both the survivor and the perpetrator.

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.

VARIOUS LAWS PROMOTING GENDER EQUALITY

The legal framework provided for the 1987 Constitution resulted to various legislations
promoting gender equality. These legislations include the following:
 Local Government Code of 1991. Provides for the election of sectoral representation, including
women, in local legislative councils.
 Party List Law. Provides for the creation of women-oriented or women-based parties to
compare parties to compete under the party-list system. Women is one of the nine sectors
identified in the law.
 Labor Code (1989). Covers issues, such as night work prohibition, specifies the employers must
provide special facilities for women, prohibition of discrimination against women in respect to
terms and conditions of employment, and prohibition of discrimination by reason of marriage
of a woman worker.
 Women in Nation Building Law. Republic Act 7192 (1991) is an act promoting the integration of
women as full and equal partners of men in development and nation-building. The law provides
that a substantial portion of government resources be utilized to support programs and
activities for women. The law also encourages the full participation and involvement of women
in the development process and to remove gender bias in all government regulations and
procedures.
 In relation to gender budgeting, the law specifically mandated all agencies to allocate a
minimum of 5%, increasing to 30%, of all official development funds in mainstreaming gender
concerns.
 1988 Comprehensive Agrarian Reform Law. Gave Filipino women the right to own land that
previously reverted to sons and other male family members.
 Republic Act 7688 (1994). An act giving representation to women in social security commission.
 Anti-Sexual Harassment Law. RA 7877 (1995). An act declaring sexual harassment to be
unlawful in the employment, education, or training environment.
 Republic Act 7822 (1995). An act providing assistance to women engaging in micro and cottage
business enterprises.
 Republic Act 8353 (1997). An act expanding the definition of the crime of rape, reclassifying the
same as a crime against persons.

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.

WOMEN'S INVOLVEMENT IN CIVIL SOCIETY

Women's expressions of involvement in civil society could be through organizing along gender-
specific issues and formation of all-women groups within broad coalitions as power-enhancing
mechanisms. Groups such as the PILIPINA feminist movement, the militant GABRIELA women’s group,
the Ugnayan ng Kababaihan sa Pulitika (UKP-Network of Women in Politics), the KILOS KABARO (Act
Sisters Coalition), and SIBOL Legislative Network have trail blazed women advocacies both in policies
and in legislations.
There also exist a so-called “Philippine NGO Beijing Score Board” which evolved om the
National Steering Committee (NSC) of NGOs for the United Nations Fourth World Conference on
Women, and this lead in the national monitoring of the government's implementation of the Beijing
Platform for Action.
Along with other women groups and gender-oriented institutions, they have succeeded in
raising gender-specific issues such as domestic violence, prostitution, reproductive health, sexual
harassment, and rape. Intense lobbying efforts by the women’s groups resulted in the passage of
several landmark laws, among them is the anti-sexual harassment law in 1995 and the anti-rape act in
1997. The gains of the women’s movement are basically achieved through various partnerships with
the rest of the civil society.
WOMEN AND EDUCATION
The Philippine educational system is a combination of public and private institutions with the
State providing free education for elementary and secondary levels. The Constitution provides that
without “...limiting the natural rights of parents to rear their children, elementary education is
compulsory for all children of school age... (Article VIX, Section 2).
There is no general discrimination of girls in education, thus, there is no marked differences
existing in the educational status of Filipino women and men. One glaring issue is the gender
stereotyping of fields of study and specialization and its onward translation into the world of work
where men generally occupy the highest occupational ranks and the highest paying positions.
Women's larger responsibility for housework and for the family impedes their ability to use
their educational training and skills for remunerative work.
The topics previously discussed are always timely, relevant, and part and parcel of the daily
lives of the Filipinos. These only show the degree of importance that must be given to these topics.

“VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT” or

REPUBLIC ACT. NO. 9262
INTRODUCTION
The Republic Act 9262, or the Anti-Violence against Women and their Children (Anti-VAWC) Act
of 2004, is a result of the strong advocacies on women’s human rights in the country. This law was
deemed to be a significant victory for all Filipino women as it was based on the right of women not to
suffer abuse, discrimination, and violence in their respective relationships.
Important features of the law include:

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.

DUTIES OF NATIONAL AND LOCAL GOVERNMENT OFFICES

Section 39 of RA 9262 provides for the creation of the Inter-Agency Council on Violence against
Women and their Children (IAC-VAWC), which shall formulate gender-sensitive programs and projects
according to their respective agency mandates, including capability building programs for their
employees.
The IAC-VAWC consists of the following agencies: DSWD National Commission on the Role of
Filipino Women, Civil Service Commission, Commission on Human Rights, Council for the Welfare of
Children, Department of Justice, Department of Interior and Local Government, Philippine National
Police, Department of Health, Department of Education, Department of Labor and Employment, and
National Bureau of Investigation.
The implementing rules and regulations of the Anti-VAWC Act state the following duties and
responsibilities of LGUs or the Barangay in addressing VAWC cases, apart from the issuances of
Barangay Protection Orders:
“Section 47. Duties and Functions of Barangay Officials-In order to eliminate violence against
women and their children, barangay officials shall:
a) undertake an education program on Republic Act No. 9262 and on violence against women and
their children and why it exists, the rights and remedies of victim-survivors, and the duties of
residents and all barangay officials;
b) have a family violence prevention program, including peer counseling for men;
c) support organizing efforts and development programs for women in the community;
d) prioritize livelihood projects for victim-survivors;
e) involve women in planning and implementation of all programs and projects in the barangay;
f) have an Anti-VAWC desk officer in the barangay who shall coordinate a one-stop help desk. As
much as possible, this help desk shall be open for 24 hours;
g) ensure that all barangay officials, barangay health workers, barangay nutrition scholars, other
barangay workers, and tanod or barangay security officers undergo gender sensitivity seminars
to enable them to respond to victims of violence;
h) develop a system to document and report cases of VAWC and assistance program to victims
thereof; and
i) if applicable/necessary, prescribe additional guidelines and standards provided that these are
consistent with the Act.