RA 11313 SAC Anti-Bastos Lecture_New.pptx

Lecture

1. REPUBLIC ACT 11313 PCMS Regina B Pascua Human Rights PNCO, IG

2. GENDER AND DEVELOPMENT SEMINAR The Magna Carta of Women (Republic Act No. 9710) defines Gender and Development Program (GAD)  as 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. It seeks to achieve gender equality as a fundamental value that should be reflected in development choices and contends that women are active agents of development, not just passive recipients of development. GAD focuses on Gender Mainstreaming or 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, programs and projects in all social, political, civil, and economic spheres so that women and men benefit equally. assessing the implications for women and men of any planned action, including legislation, policies or programs in all areas and at all levels

3. ETHICAL CONDUCT IN TIMES OF PANDEMIC The pandemic of COVID-19 and the imposed lockdown, has led to more people to be confined at home increasingly relying on the Internet.

4. BASTOS!

5. Sino ang bastos? (A) (B)

6. Ano ang tipo mong lalake?

7. The Safe Space Act Republic Act 11313

8. Anti-Bastos Bill or Bawal ang Bastos Bill FORMERLY KNOWN AS

9. Republic Act 11313 APRIL 17, 2019 (AUGUST 3, 2019) An Act defining Gender-Based Sexual Harassment in Streets, Public Places, Online, Workplaces, and Educational or Training Institutions Provides Protective Measures Prescribes Penalties (imprisonment, community service and/or fine; Expulsion from school and withholding of diploma; Dismissal from Employment/Suspension) It promotes decency, equality, security and safety of women (and LGBT).

10. Now anyone can be an offender The Safe Spaces Act covers even sexist, homophobic, and transphobic remarks. That means you can file a case against someone who says something like, " Ang mga bakla, pang-parlor lang dapat 'yan eh.  (Gay men belong to hair salons.)"

11. Republic Act 11313 STREETS & PUBLIC PLACES Alleys and roads Sidewalks and parks Buildings Schools and any part thereof Churches Restaurants, malls, public washrooms, bars Internet Shops, public markets Transportation Terminals Public Utility Vehicles Training environments Online spaces Workplaces

12. Republic Act 11313 STREETS & PUBLIC SPACES SEXUAL HARASSMENT (FIRST DEGREE OFFENSES) Unwanted and uninvited sexual actions Unwanted and uninvited sexual remarks Catcalling – shouting, commenting of sexual nature to a woman passing by Wolf-whistling – whistling towards someone to express sexual attraction or admiration Unwanted Invitation Unwanted comments on the appearance of an individual Misogynistic, transphobic, homophobic, and sexist slurs Persistent uninvited comments or gestures on a persons appearance, persistent telling of sexual jokes Relentless requests for personal details Statement of sexual comments and suggestions Use of ridiculous actions, gestures or words based on sexual orientation or gender. Use of sexual comments, names and demands.

13. PENALTIES FOR FIRST DEGREE OFFENSES First Offense: PhP 1,000.00 fine and community service within 12 hours and Gender Sensitivity Seminar. Second Offense: PhP 3,000.00 fine and six to ten days imprisonment Third Offense: PhP 10,000.00 fine and 11 to 30 days imprisonment.

14. SECOND DEGREE OFFENSES: Public masturbation Offensive body gestures Groping Flashing of private parts Similar Lewd Action

15. PENALTIES FOR SECOND DEGREE OFFENSES First Offense: PhP 10,000.00 fine, 12 hours community service and Gender Sensitivity Seminar. Second Offense: PhP 15,000.00 fine and 11 to 30 days in jail. Third Offense: PhP20,000.00 fine and one to six months in jail.

16. THIRD DEGREE OFFENSES: Sexual gestures and statements with brushing, and pinching against the body of another person; Stalking – repeated visual or physical proximity. Non-consensual communication that cause emotional distress or fear for one’s safety; Pinching, brushing, or touching against the face, arms, breast, buttocks, genitalia and other part of the body.

17. PENALTIES FOR THIRD-DEGREE OFFENSES: First offense: PhP 30,000.00 fine and attendance to Gender Sensitivity Seminar, 11 to 30 days in jail; Second offense: PhP 50,000.00 fine and one to six months in jail; Third offense: PhP 100,000.00 fine and four to six months in jail.

18. Republic Act 11313 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

19. COMPARISON OF R.A. 11313 FROM R.A. 7877 (SEXUAL HARASSMENT ACT) ORAL DEFAMATION/SLANDER LIBEL/ONLINE LIBEL ACTS OF LASCIVIOUSNESS UNJUST VEXATION

20. Republic Act 11313 Gender-based Online Sexual Harassment Cyberstalking that invades a person’s privacy incessant messaging 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

21. 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.

22. Republic Act 11313 Gender-based Sexual Harassment in the Workplaces Act or series of acts on unwelcome sexual advances, requests or demand, verbally, physically, or through the use of technology Conduct of sexual nature affecting the dignity of a person, which is unwelcome, unreasonable and offensive to the recipient Conduct that is unwelcome and pervasive and creates an intimidating hostile or humiliating environment for the recipient Applicable between peers, co-employees, superior or subordinate officers, teacher to student or student to teacher , trainor and trainee.

23. QUID PRO-QUO Favor or advantage granted or expected in return for something. Necessary under R.A. 7877. This is not necessary under RA 11313. A mere co-employee of same rank may be held liable for the crimes defined under RA 11313 regardless of place of incident. RA 11313 has stiffer penalties than R.A. 7877 or otherwise known as the Sexual Harassment Law.

24. Republic Act 11313 Gender-based Sexual Harassment in Schools and Training Environments Must designate an officer to handle complaints Must investigate even if the victim does not want to file a complaint Must investigate even if based on raw knowledge of a possible or impending act or gender-based sexual harassment or sexual violence Take appropriate steps to resolve the situation Create a COMMITTEE ON DECORUM AND INVESTIGATION (CODI). Representatives of teachers, faculty, students, parents, employees, administration. Head must be a woman and not less than half of the composition must be female. School can strip the diploma of the guilty or impose expulsion; dismissal of teacher and employee

25. Republic Act 11313 Sexual Harassment in Schools and Workplaces As stated in the law, SEXUAL HARASSMENT is an act that involves requests for “sexual favors, unwelcome sexual advances, or any act of sexual harassment done either physically or verbally using technology and other forms of communication system that cause detrimental effect to a person’s employment, job performance, or education.” Employers are encouraged to create a committee that will cater to sexual harassment complaints. The head of the committee must be a FEMALE EMPLOYEE. Half of the number of the committee must be women.

26. Republic Act 11313 LIABILITIES OF EMPLOYERS For non-implementation of the law Fine from P5,000 to P10,000 Fine of P10,000 to P15,000 if failed to act on complaint

27. Republic Act 11313 LIABILITIES OF SCHOOL Principals, school heads, teachers, instructors, professors, coaches, trainers, person in authority or moral ascendancy may be liable for: Non-implementation of the law Failure to act on reported harassment committed inside the school Penalty is P5,000 to P10,000 plus administrative sanctions

28. Republic Act 11313 CONFIDENTIALITY & Restraining Order Investigation, prosecution and trial must be confidential specially if a minor is involved, whether a victim or an accused. Court may issue restraining order against the perpetrator to stay away from the offended person, residence, school, place of work or any specified place frequented by the offended party

29. Republic Act 11313 PUNISHABLE ALSO UNDER OTHER SPECIAL LAWS Violation of this Law shall not bar the prosecution for other laws like the Revised Penal Code on Acts of Lasciviousness, Child Abuse Law, Anti-Bullying Act, Sexual Harassment Law, Anti-Voyeurism Law, and other applicable laws which impose higher penalties of imprisonment for up to 24 years.

30. Republic Act 11313 THREE KINDS OF LIABILITIES CRIMINAL CIVIL ADMINISTRATIVE

31. BAWAL ANG BASTOS!