SAFE SPACES ACT (Mr. Arlanza) - Final.pptx

Bawal Bastos Law

1. S PACES S AFE A CT Gymnasium Paranaque National High School - Main January 24, 2024 Bawal Bastos! Law Facilitator: Mr. ENRIQUE S. ARLANZA JR. Master Teacher II RA No. 11313

2. NABASTOS KA NA BA? Facilitator:

3. OBJECTIVES 2. To address Gender-Based Sexual Harassment (GBSH) 1. To address existing gaps and issues on equality, security and safety of all genders in private and public spaces.

4. OVERVIEW Implementing Rules and Regulations (IRR) was approved on October 28, 2019 Safe Spaces Act or the " Bawal Bastos Law" was signed into law last April 17, 2019

5. The law covers ALL FORMS of gender- based sexual harassment (GBSH) committed in public spaces , educational or training institutions , workplace , as well as online space . WHAT DOES THE SSA COVER?

6. 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. THE GBSH IN STREETS & PUBLIC SPACES

7. PUBLIC SPACES: STREETS & ALLEYS 1 ROADS & SIDEWALKS BUILDINGS RESTAURANTS & CAFE PUBLIC PARKS SCHOOLS & CHURCHES 2 3 4 5 6 WHAT DO PUBLIC SPACES REFER UNDER SSA?

8. PUBLIC SPACES: GOVERNMENT OFFICES 7 MALLS & PUBLIC MARKETS PUBLIC WASHROOMS SPACES USED AS EVACUATION CENTERS 8 9 10 WHAT DO PUBLIC SPACES REFER UNDER SSA?

9. PUBLIC SPACES: PUBLIC UTILITY VEHICLES (PUVs) 11 PUBLIC VEHICLES COVERED BY APP-BASED TRANSPORT NETWORK SERVICE RECREATIONAL SPACES (CINEMA, THEATER, SPA, BAR, CLUB, RESORT, HOTEL, CASINOS, ETC) ALL OTHER AREAS OPENLY ACCESSIBLE 12 13 14 WHAT DO PUBLIC SPACES REFER UNDER SSA?

10. Hi ganda ! Wow, legs! Hi sexy! Witwiw ! WHAT ARE THE ACTS OF GBSH IN PUBLIC SPACES? Catcalling or unwanted remarks directed towards a person, commonly done in the form of wolf- whistling ( paninipol ), misogynistic, transphobic, homophobic, and sexist slurs, as well as unwanted invitations; A.

11. WHAT ARE THE ACTS OF GBSH IN PUBLIC SPACES? MISOGYNISTIC REMARKS  or slurs- statements that are indicative of the feeling of hating women or the belief that men are inherently better than women

12. 1 MISOGYNISTIC REMARKS “Women are not natural leaders” “Your outfit is too distracting” “You should smile more” “Women are too emotional” 2 3 4

13. 5 MISOGYNISTIC REMARKS “Girls are not good at science” “Honey”; “Sweetie”; “Sugar” “What does your husband think about that?” “You’re too pretty to be taken seriously” 6 7 8

14. WHAT ARE THE ACTS OF GBSH IN PUBLIC SPACES? TRANSPHOBIC REMARKS  slurs-statements that are indicative of fear, hatred or aversion towards persons whose gender identity and/or expression do not conform with their sex assigned at birth.

15. 1 TRANSPHOBIC REMARKS “Half-breed yarn?” “People who menstruate, really?” “Being a transgender does not make you a man or a woman! Wake up!” “Paano kaya sila umiihi ?” 2 3 4

16. 5 TRANSPHOBIC REMARKS “Ang sexy wow, and ganda pero may balls pala !” “Tama yan magmake -up ka para magmuka kang barbie!” “ Pusong lalaki ? pero nabubuntis pa rin yan !” 6 7

17. WHAT ARE THE ACTS OF GBSH IN PUBLIC SPACES? HOMOPHOBIC REMARKS  are indicative of fear, hatred or aversion towards persons who are perceived to be or actually, identify as lesbian, gay, bisexual, queer, pansexual and such other persons of diverse sexual orientation, gender identity or expression, or towards any person perceived to or have experienced same-sex attraction.

18. 1 HOMOPHOBIC REMARKS “Kahit anong galing mo , bakla ka pa rin ” “Hoy, bakla !” “ Masusunog kayo sa impiyerno ” “Ang lalaki ay para sa babae at ang babae ay para lang sa lalaki ” 2 3 4

19. WHAT ARE THE ACTS OF GBSH IN PUBLIC SPACES? SEXIST REMARKS  or slurs-statements that are indicative of prejudice, stereotyping, or discrimination based on sex, typically against women

20. 1 SEXIST REMARKS “Ang tunay na sexy, respects everybody” “Tara, nood tayo ng game, daming bakat dun!” “Miss angkinin mo ako , ‘wag ang kita ko” “Ang sexy, sa driver tumabi ” 2 3 4

21. 5 SEXIST REMARKS “Pag pangit sabit , pag sexy kabit ” “Pag mataba magbayad , pag sexy libre” “Ang lalaking gipit sa bading kumakapit ” 6 7

22. ACTS OF GENDER-BASED SEXUAL HARASSMENT Persistent uninvited comments or gestures on a person’s appearance B. Relentless requests for personal details Statement of sexual comments & suggestions Public masturbation or flashing of private parts, groping, making offensive body gestures at someone, and other similar lewd sexual actions C. D. E. WHAT ARE THE ACTS OF GBSH IN PUBLIC SPACES? Ganda naman ng view Ano fb mo ? Laki ng bundok

23. ACTS OF GENDER-BASED SEXUAL HARASSMENT Any advances, whether verbal or physical, that is unwanted and has threatened one’s sense of personal space and physical safety. This may include cursing, leering and intrusive gazing, and taunting F. Persistent telling of sexual jokes, use of sexual names G. WHAT ARE THE ACTS OF GBSH IN PUBLIC SPACES? Ikaw na lang orderin ko! Kulang ka ba sa dilig ? Di na virgin yarn?

24. ACTS OF GENDER-BASED SEXUAL HARASSMENT Stalking or conduct directed at a person involving the repeated visual or physical proximity, non- consensual communication, or a combination thereof that cause or will likely cause a person to fear for one’s own safety or the safety of others, or to suffer emotional distress H. WHAT ARE THE ACTS OF GBSH IN PUBLIC SPACES? Ang hot mo naman sa uniform na yan Tara motmot!

25. WHAT ARE THE PENALTIES FOR GBSH? *Penalties vary according to the act of GBSH committed and how often a person was convicted for violating the laws.

26. WHAT ARE THE PENALTIES FOR GBSH? Imprisonment of 6-10 days OR 3,000 pesos fine 12 hours community service inclusive of Gender Sensitivity Training AND 1,000 pesos fine “VERBAL” GBSH (a-d & f-g) 1 st Offense 2 nd Offense Imprisonment of 11-30 days AND 10,000 pesos fine 3 rd Offense Sec. 11a 1 ST DEGREE

27. WHAT ARE THE PENALTIES FOR GBSH? Imprisonment of 1 mo. & 1 day to 6 mo. AND 20,000 pesos fine Imprisonment of 11-30 days OR 15,000 pesos fine 12 hours community service inclusive of Gender Sensitivity Training AND 10,000 pesos fine “DEMONSTRATED” GBSH (e) 1 st Offense 2 nd Offense 3 rd Offense Sec. 11b 2 ND DEGREE

28. WHAT ARE THE PENALTIES FOR GBSH? Imprisonment of 4 mo. & 1 day to 6 mo. AND 100,000 pesos fine Imprisonment of 1 mo. & 1 day to 6 mo. OR 50,000 pesos fine Imprisonment of 11-30 days OR 30,000 pesos fine inclusive of Gender Sensitivity Training GBSH through stalking… (h) 1 st Offense 2 nd Offense 3 rd Offense Sec. 11c 3 RD DEGREE

29. IN ALL CASES LGU via Local Anti-Sexual Harassment (ASH) hotline 1. Nearest police precinct through their WCPDs Local Social Welfare & Development Office Public Attorney’s Office subject to PAO’s Persons Qualified for Legal Assistance 2. 3. 4. WHERE CAN VICTIMS SEEK ASSISTANCE?

30. Streets, Roads, Alleyways, Parks Local Traffic Enforcer 1. Local Traffic Enforcer, LTO, LTFRB 1. WHERE CAN VICTIMS SEEK ASSISTANCE? PUVs by a driver or operator of PUV Close Poximity to the LGU Hall ASH Desk Officer of the LGU 1. ASH Officer designated by the establishment 1. Malls, Bars, Public Establishments

31. GENDER-BASED ONLINE S.H. Gender-based Online Sexual Harassment includes acts that use information and communications technology in terrorizing and intimidating victims through:

32. GENDER-BASED ONLINE S.H. threats (physical, psychological, and emotional), unwanted sexual misogynistic , transphobic , homophobic and sexist remarks and comments online whether publicly or through direct and private messages; A. invasion of the victim’s privacy through cyberstalking and incessant messaging ; B. uploading and sharing without the consent of the victim any form of media that contains photos, voice, or video with sexual content; C.

33. GENDER-BASED ONLINE S.H. any unauthorized recording and sharing of any of the victim’s photos, videos or any information online; D. impersonating identities of victims online or posting lies about victims to harm their reputation E. filing false abuse reports to online platforms to silence victims F.

34. WHAT ARE THE PENALTIES FOR ONLINE GBSH? prision correccional in its medium period [imprisonment of 6 mo. & 1 day to 2 years & 4 mo.] or a fine of not less than one PHP 100,000.00 but not PHP 500,000.00, or both, at the discretion of the court. Sec. 14 1. If the perpetrator is a juridical person, its license or franchise shall be automatically deemed revoked, and the persons liable shall be the officers thereof, including the editor or reporter in the case of print media, and the station manager, editor and broadcaster in the case of broadcast media. 2.

35. WHAT ARE THE PENALTIES FOR ONLINE GBSH? An alien (foreigner) who commits gender-based online sexual harassment shall be subjected to deportation proceedings after serving sentence and payment of fines. 3. Sec. 14

36. ONLINE GBSH NBI Cybercrime Division 1. PNP Anti-Cybercrime Group DOJ Office of the Cybercrime 2. 3. WHERE CAN VICTIMS FILE A COMPLAINT?

37. GBSH IN THE WORKPLACE Gender- based sexual harassment in the workplace includes the following crimes:

38. GBSH IN THE WORKPLACE an act or series of acts involving any unwelcome sexual advances , requests or demand for sexual favors or any act of sexual nature , whether done verbally , physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems, that has or could have a detrimental effect on the conditions of an individual’s employment or education, job performance or opportunities; A.

39. GBSH IN THE WORKPLACE a conduct of sexual nature and other conduct based on sex affecting the dignity of a person , which is unwelcome, unreasonable, and offensive to the recipient, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems; B.

40. GBSH IN THE WORKPLACE a conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the recipient . Provided, that the crime of GBSH may also be committed between peers and those committed to a superior officer by a subordinate or to a teacher by a student , or to a trainer by a trainee; and C.

41. GBSH IN THE WORKPLACE NOTE: • Workplaces include all sites, locations, spaces, where work is being undertaken by an employee within or outside the premises of the usual place of business of the employer. • Information and communication system refers to a system for generating, sending, receiving, storing, or otherwise processing electronic data messages or documents and includes the computer system or other similar devices by or in which data are recorded or stored and any procedure related to the recording or storage of data.

42. GBSH IN THE WORKPLACE Is sexual harassment between peers or by a subordinate to a superior now covered under this law?

43. Yes! The first law to penalize sexual harassment, Anti- Sexual Harassment Act of 1995 (Republic Act No. 7877) recognized that sexual harassment occurs in work, education, and training environments. However, it requires the existence of authority, influence or moral ascendancy between the offender and the offended party. GBSH IN THE WORKPLACE

44. It did not specifically address the issue of “hostile environment” resulting from sexual harassment between peers or co- employees, or those committed against a superior. The Safe Spaces Act addresses these gaps by recognizing that sexual harassment can be committed between peers, or by a subordinate to a superior officer. GBSH IN THE WORKPLACE

45. 1 WHAT ARE THE RESPONSIBILITIES OF EMPLOYERS UNDER THE SSA? disseminate or post in a conspicuous place a copy of the law to all persons in the workplace provide measures to prevent GBSH in the workplace, such as the conduct of anti-sexual harassment seminars create an independent internal mechanism or a committee on decorum and investigation (CODI) to investigate and address complaints of gender-based sexual harassment 2 3

46. 4 WHAT ARE THE RESPONSIBILITIES OF EMPLOYERS UNDER THE SSA? develop and disseminate, in consultation with all persons in the workplace, a code of conduct or workplace policy which shall Expressly reiterate the prohibition on gender-based sexual harassment Describe the procedures of the internal mechanism 5 6 Set administrative penalties 7

47. WHAT ARE THE PENALTIES FOR EMPLOYERS? Fine of not less than 5,000 pesos but not more than 10,000 pesos Fine of not less than 10,000 pesos but not more than 15,000 pesos Non-action on reported acts of GBSH in their workplace Failure to implement their duties under the law

48. GBSH IN EDUCATIONAL & TRAINING INSTITUTIONS By any person who has authority , influence , or moral ascendancy over another , students & trainees . May be committed by school heads , teachers , instructors , professors , coaches , & trainers Offenders of GBSH in Education & Training Environment

49. 1 WHAT ARE THE DUTIES OF HEADS OF EDUCATIONAL & TRAINING INSTITUTIONS UNDER SSA? disseminate the law develop their own Code of Conduct and establish and/or update the composition of the CODI designate an officer-in-charge to receive complaints regarding violations of the law and forward them to the CODI 2 3

50. 4 WHAT ARE THE DUTIES OF HEADS OF EDUCATIONAL & TRAINING INSTITUTIONS UNDER SSA? impose administrative disciplinary measures for students who commit acts of GBSH against their fellow students or teachers if a school knows or reasonably should know about acts of gender- based sexual harassment or sexual violence being committed that creates a hostile environment, the school must take immediate action to eliminate the same acts, prevent their recurrence, and address their effects 5

51. 6 WHAT ARE THE DUTIES OF HEADS OF EDUCATIONAL & TRAINING INSTITUTIONS UNDER SSA? educate students from the elementary to tertiary level about the provisions of the law and how they can report cases of gender- based streets, public spaces and online sexual harassment committed against them School heads and heads of training institutions covered by the Commission on Higher Education (CHED), Department of Education ( DepED ), and Technical Education and Skills Development Authority (TESDA) shall comply with the standards set by the said agencies. 7

52. THE CODI TO BE ESTABLISHED BY THE EDUCATION AND TRAINING INSTITUTION SHOULD: 1 be composed of representatives from the school administration, the trainers, instructors, professors or coaches and students or trainees, students and parents, as the case may be designate a woman as its head and not less than half of its members should be women be composed of members who should be impartial and not connected or related to the alleged perpetrator 2 3

53. 4 THE CODI TO BE ESTABLISHED BY THE EDUCATION AND TRAINING INSTITUTION SHOULD: investigate and decide on the complaints within ten (10) days or less upon receipt thereof observe due process protect the complainant from retaliation without causing her/him any disadvantage, diminution of benefits, or displacement, and without compromising his/her security of tenure; and 5 6 guarantee gender-sensitive handling of cases, and confidentiality to the greatest extent possible. 7

54. WHAT ARE THE PENALTIES FOR GBSH IN EDUCATION & TRAINING INSTITUTIONS? Fine ranging from 5,000 pesos to 10,000 pesos Fine ranging from 10,000 pesos to 15,000 pesos School/institution heads who did not act on reported GBSH in their institution School/institution heads who did not implement their duties under the law

55. ON MINOR STUDENTS Note: Minor students who are found to commit GBSH shall be held liable for administrative sanctions by the school, as provided in their student handbook .

56. FINAL WORDS EVERYONE DESERVES RESPECT . EVERYONE DESERVES A SAFE SPACE .

57. THANK YOU FOR PARTICIPATING! Mr. ENRIQUE S. ARLANZA JR. Master Teacher II Discussed by: