GENDER SENSITIZATION IN LAW ENFORCEMENT AND GBVs GENDER AND DEVELOPMENT November 24, 2022 PSSg Jeyrose Bulahan Magon Complaint Investigation Action PNCO
Sequence of Presentation • Mandated Laws of Gender and Development • Definition of Sex and Gender • Gender Issues and Concern • Gender-Based Violence “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Learning Objectives ❑ To give examples of gender bias and gender stereotyping. ❑ To list down interventions to achieve gender equality & development. ❑ To appreciate the importance of affording women and men equal opportunities and treatment ❑ To generate the awareness in regard to equality in law, social system and democratic activities. ❑ Identify Gender-Based Violence “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
INTERNATIONAL MANDATES The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) Promotes equality in all fields; affirmative action for women and protection of women from violence. BEIJING PLATFORM FOR ACTION (BPFA) It aims at removing all the obstacles to women’s active participation in all spheres of public and private life through ensuring women a full and equal share in economic, social, cultural and political decision making. “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
NATIONAL MANDATES • Sec 14,Art. II “The State recognizes the role of women in nation building and shall ensure the fundamental equality before the law of women and men.” • RA 7192 Women in Development and National Building Act“Promotes the integration of women as full and equal partners of men in development and nation building. “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
NATIONAL MANDATES • The Magna Carta of Women is comprehensive women's human rights law that seeks to eliminate discrimination against women by recognizing, protecting, fulfilling and promoting the rights of Filipino women , especially those in marginalized sector “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
What is Gender Sensitization? • Refers to the modification of behavior by raising awareness of gender equality concerns. • Gender Sensitization is a basic requirement to understand the sensitive needs of a particular gender • Gender Sensitization means sensitivity to human rights . “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Gender Issues and Concerns ❖ Gender Roles ❖ Factors influencing Gender Roles ❖ Gender Stereotyping ❖ Gender Bias ❖ Gender Sensitivity * Avoid victim blaming * Gender Fair language * Gender Equity ❖ The importance of Gender and Development ❖ Gender-Based Violence “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Definition of Sex and Gender SEX • Biologically determined (inborn) • Refers to a person based on their Anatomy. • Constant across different societies and cultures (universal) GENDER • What makes one masculine or feminine • Changes across places and cultures • Learned behavior and socially determined “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
What do we mean by Gender Roles? • Gender roles in society means how we’re EXPECTED to act, speak, dress, groom, and conduct ourselves based upon our assigned sex . “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
What is Gender Stereotyping? • A gender stereotype is a generalized view or preconception about attributes or characteristics, or the roles that are or ought to be possessed by, or performed by women and men. (UNHR) “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Factors that influence Gender Roles • Family • Media • Institutions • Environment • Culture & Society “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Gender ide person sees themselves - their own internal sense and personal experience of gender. Only the individual can determine their own gender identity. “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Sexual o who a person is attracted to on the basis of gender. Some of the words used to describe sexual orientation include gay, bisexual, lesbian, heterosexual or straight. “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
• Gender how a person outwardly shows their gender identity. It includes physical expressions such as person’s clothing, hairstyle, makeup, and social expressions such as name and pronoun choice. Some examples of gender expression are masculine, feminine, and androgynous. “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Physical sex is how a person’s body develops and changes over their lifespan. It can be affected by sex chromosomes, hormones, reproductive organs, secondary sex characteristics, and related medical care. “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Gender Bias - the tendency to prefer one gender over another gender. “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
What is Gender & Development (GAD)? - refers to the development perspective and process that is participatory and empowering, equitable, sustainable, free from violence, respectful of human rights, supportive of self- determination and actualization of human potentials. “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Gender & Development promotes? ✔ Gender Empowerment ✔ Gender Equity ✔ Gender mainstreaming ✔ Partnership not competition ✔ Inclusive growth ✔ High regards to human rights “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Disadvantages on lack of appreciation to GAD • Vulnerable to gender-based violence • Victim blaming • Insensitive and susceptible to HR violations • Less productive “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
What should we do to achieve Gender Sensitization in Law Enforcement? 1. Be an advocate of Gender and Development 2. Avoid victim blaming 3. Open equal opportunity to all gender 4. Stop violence against women and children 5. Stop hate crime ( color of skin, gender preference, economic & social status ) “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
What should we do to achieve Gender Sensitization in Law Enforcement? 6. Treat people equally 7. Don’t Discriminate 8. Equal justice for everyone 9. Strict adherence to human rights 10. Implement gender integration or gender mainstreaming “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Gender Sensitivity • Not a war between sexes; • Not anti-male • Both women and men are victims although there are more women victims than men; • Both men and women have stake in the struggle “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Gender Advocate should… 1. Avoid Victim blaming!!! • Victim blaming is blaming the victim for a crime he/she didn't commit . • Victim blaming refers to a practice of questioning what a victim could have done differently in order to prevent a crime from happening, thus implying the fault of the crime lies with the victim rather than the perpetrator. “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
2. Use Gender Fair Language • Gender fair language (GFL) is language used with the intention of reducing gender bias in one's mental representation, or mental understanding of an idea. • is language that avoids bias towards a particular sex or social gender. “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Examples of gender indication in occupational titles Gendered title Gender-neutral title • businessperson/person in • businessman, businesswoman business, business people/people in business • chairman, chairwoman • chair, chairperson • mailman, mailwoman, • mail carrier, letter carrier, postman, postwoman postal worker • policeman, policewoman • police officer “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
The benefits of Gender Equality • Gender - equality will help make a society wealthier, improve freedom, strengthen families, improve democracy, promote peace, reduce violence. “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Equity vs Equality “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
“Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Gender equity • Gender equity is the process of being fair to women and men . To ensure fairness, strategies and measures must often be available to compensate for women's historical and social disadvantages that prevent women and men from otherwise operating on a level playing field. Equity leads to equality. “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Gender Mainstreaming • It is a strategy for making women’s as well as men’s concerns and experiences an integral dimension of the design, implementation, monitoring and evaluation of policies and programmes in all political, economic and societal spheres so that women and men benefit equally, and inequality is not perpetuated. “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Gender Mainstreaming Goal • Make gender equality as a fundamental value in development choices and institutional practice “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
What is GBV? “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
GBV • Harmful acts directed at an individual based on their gender; • It is rooted in gender inequality; • It is an issue involving relations of power. It is based on a feeling of superiority; and/or, • Harmful norms deeply rooted in the social and cultural structures, norms and values that govern society . “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
GBVs from CY2018 to 2021 2018 2019 2020 2021 TOTAL ANTI-VIOLENCE AGAINST WOMEN 14,116 16,251 11,448 8,430 50,245 & THEIR CHILDREN RAPE 2,319 2,524 1,855 2,056 8,754 ACTS OF LASCIVIOUSNESS 2,020 2,085 1,363 1,509 6,977 CONCUBINAGE 165 223 136 141 665 ANTI-PHOTO & VIDEO VOYEURISM ACT 128 84 105 111 428 ANTI-SEXUAL HARASSMENT ACT 72 90 52 71 285 ANTI-TRAFFICKING IN PERSONS 48 44 50 51 213 SAFE SPACES ACT 24 59 155 238 ABDUCTION 32 14 10 10 66 SEDUCTION 122 124 104 89 439 “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
RA 9262- Anti - Violence against Women and their Children (VAWC) Act “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
VAWC PHYSICAL ABUSE SEXUAL ABUSE PSYCHOLOGICAL ABUSE ECONOMIC ABUSE Credit to the owners of these photos “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
WHO ARE THE VICTIMS ✓ a woman who is his wife; ✓ former wife; ✓ a woman with whom the person has or had a sexual or dating relationship; and, ✓ a woman with whom he has a common child, or her child whether legitimate or illegitimate. “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Republic Act 8353 The Anti-Rape Law of 1997 “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
HOW COMMITTED 1) By a man who shall have carnal knowledge of a woman under any of the following circumstances: a) Through force, threat , or intimidation; b) When the offended party is deprived of reason or otherwise unconscious ; c) By means of fraudulent machination or grave abuse of authority; and, d) When the offended party is under sixteen (16) years of age or is demented , even though none of the circumstances mentioned above be present. “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
HOW COMMITTED 2. Sexual Assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. RA 8353- Crime against persons - both men and women may be victims “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Article 336 Acts of Lasciviousness “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Under Article 336 of the Revised Penal Code, the crime of acts of lasciviousness is committed when the offender commits “lewdness” to another person of either sex. It can be done “by using force and intimidation or when the offended party is deprived of reason or otherwise unconscious , or when the offended party is under 16 years of age. ” Credit to the owners of these photos “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Concubinage, as defined under Article 334 of the RPC, is committed by a married husband by (a) keeping a mistress in the conjugal dwelling ; (b) having sexual intercourse under scandalous circumstances with a woman who is not his wife ; or(c) cohabiting with her in any other place. Credit to the owners of these photos “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
RA 9995 Anti Photo and Video Voyeurism Act “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Republic Act 9995 is geared towards protecting the privacy, honor, dignity, and integrity of a person. Investigative Directive No. 2016-09 issued by NHQ, PNP Directorate for Investigation and Detective Management (DIDM) listed RA 9995 as a special law that addresses GBVs or grant special protection to vulnerable sectors. Credit to the owners of these photos “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
RA 7877 Anti Sexual Harassment Act “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
An act declaring sexual harassment unlawful in the employment, education or training environment, and for other purposes. Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years. Credit to the owners of these photos “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
REPUBLIC ACT NO. 9208 as Expanded by REPUBLIC ACT No. 10364 "Anti-Trafficking in Persons Act″ “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Exploitative Purposes of Trafficking In Persons 7 Child Soldiery Involuntary Servitude Online Sexual Exploitation Sexual Exploitation of Children (OSEC) Sale of Organs Prostitution Credit to the owners of these photos “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
“Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Gender-based Streets and Public Spaces Sexual Harassment GBSH in street and public spaces is defined as acts which are committed through any unwanted and uninvited sexual actions or remarks against any person regardless of the motive for committing such action or remarks. “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
RA 11313 IS THE EXPANSION OF RA 7877 RA 7877 Anti-Sexual RA 11313 Safe Spaces Harassment Act of 1995 Place of ➢ Workplace ➢ Public places/ PUV Occurrence ➢ Education Institutions ➢ Workplaces ➢ Educational Institutions ➢ Online Victims ➢ Women ➢ Any Person ➢ Girls Offender ➢ Teacher ➢ Any person ➢ Employer/Persons in Authority Commission ➢ Employer to Employee of Offense ➢ Teacher to Student ➢ Employer to Employee or vice versa ➢ Teacher/School Staff to Student or vice versa ➢ Peer to peer/student to student ➢ Any person to another person “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
RA 11313 IS THE EXPANSION OF RA 7877 RA 7877 Anti-Sexual RA 11313 Safe Spaces Harassment Act of 1995 Penalties ➢ Fine ➢ Community Service ➢ Imprisonment ➢ Gender Sensitivity Training ➢ Fine ➢ Imprisonment Prescriptive Period ➢ Three (3) years ➢ Three (3) years “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
PENALTIES Verbal Physical or Physical Advances and (1 st Degree Offense) Demonstrated Stalking (2 nd Degree Offense) (3 rd Degree Offense Twelve (12) hours community service inclusive of Gender Sensitivity Training (GST) and 1,000 fine Twelve (12) hours community service inclusive of GST and Php 10,000 fine Imprisonment of 11-30 days or a fine of Php 30,000 provided that it includes attendance in a GST to be conducted by PNP in coordination with LGU and PCW Imprisonment of 6-10 days Imprisonment of 11-30 Imprisonment of 1 month or Php 3,000 fine days or Php 15,000 fine and 1 day to 6 months or Php 50,000 fine Imprisonment of 11-30 Imprisonment of 1 month Imprisonment of 4 months days and Php 10,000 fine and 1 day to 6 months and and 1 day to 6 months or Php 20,000 fine Php 100,000 fine “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Gender-based Online Sexual Harassment • Use of information and communications technology • Terrorizing and intimidating victims • Physical, psychological or emotional threats • Unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and comments online whether in public post or private messages • Cyberstalking that Invades a person’s privacy • Incessant messaging “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Gender-based Online Sexual Harassment • Uploading or sharing, without the consent of the victim, any form of media that contains photos, voice, or video with sexual content • Unauthorized recording or sharing of the victim’s photos, videos, or any information online • Impersonating identities of victims online or posting of lies about victims to harm their reputation • Filing false abuse reports to online platforms to silence victims “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Penalty for Online Sexual Harassment ▸ Fine of PhP 100,000 to 500,000.00 OR TWO to FOUR YEARS IMPRISONMENT(Prision Correccional Medium Period) or both at the discretion of the Court. The PNP ANTI-CYBERCRIME GROUP is in-charge to arrest online violators using real-time reporting. “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
What can a victim of workplace GBSH do? • The victim can file an administrative complaint with the Committee on Decorum and Investigation and/or file a civil and/or criminal case before the courts. “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Facts & Findings • Gender-based violence is a significant barrier to the achievement of every development outcome. • Gender equality is the foundation for a“peaceful, prosperous and sustainable world” and that this includes a world free of gender- based violence. “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
Why is it important to advocate Gender & Development ? W e are mandated by international treaties/commitments, laws and policies “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”
END OF PRESENTATION “Life is Beautiful… Kaligtasan Nyo , Sagot ko. Tulong-tulong Tayo”