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Seminar Paper Analysis

1) The document analyzes arguments for and against legalizing divorce in the Philippines. It notes that the country has high rates of violence against women yet does not allow divorce, trapping abused women in dangerous relationships. 2) Legal separation does not dissolve the marital bond and annulment is restrictive and expensive, inaccessible to many. Culture norms make reconciliation unlikely. Allowing divorce would give abused women freedom and a chance to rebuild their lives. 3) The document also notes socio-political and religious arguments for legalization as well as potential counterarguments against legalization based on constitutional concerns, religion, social impacts, and children's well-being.

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Gail Gerona
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0% found this document useful (0 votes)
28 views

Seminar Paper Analysis

1) The document analyzes arguments for and against legalizing divorce in the Philippines. It notes that the country has high rates of violence against women yet does not allow divorce, trapping abused women in dangerous relationships. 2) Legal separation does not dissolve the marital bond and annulment is restrictive and expensive, inaccessible to many. Culture norms make reconciliation unlikely. Allowing divorce would give abused women freedom and a chance to rebuild their lives. 3) The document also notes socio-political and religious arguments for legalization as well as potential counterarguments against legalization based on constitutional concerns, religion, social impacts, and children's well-being.

Uploaded by

Gail Gerona
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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ROLDAN, Fritzie Anne T.

Divorce: Should or should not be legalized

Analysis

A. For the Legalization of Divorce

1. Social and women-specific arguments:

The country’s one of it’s most pervasive societal issue is the violence against

women. According to the Philippine Statistics Authority's 2017 National Demographic and

Health Survey, one out of every four Filipino women aged 15 to 49 has experienced

physical, emotional, or sexual assault from their husband or partner. However, despite of

the high cases of abuse or domestic violence, the Philippines, aside from Vatican City,

remains as a nation that has not allowed to legitimize the dissolution of marriage, also

known as divorce. Due to this, many women are still trapped in toxic and abusive

relationships with no way out or without severing their ties with their abuser.

On the other hand, there are still current laws that allow couples to legally separate and

annul their marriages. This, however, does not meet the needs of majority of the victims or

spouses who are seeking for freedom from each other. Legal separation may allow spouses

to live apart and separate their assets, but it has no affect on their marital status, their

marriage still remains as legal separation does not dissolves the marriage bond. Annulment,
on the other hand, can declare the marriage as null and void from the start. However, it is

hardly accessible to women because annulment is very restrictive, requiring that specified

conditions be met within a specific time period, it does not include infidelity or spousal

abuse, and its legal process is too expensive for middle and low-income classes,

Furthermore, due to the prevalent Filipino culture in which a man is the dominant figure

of the marriage or family while the woman is the polar opposite, reconciliation between

the married couple is nearly impossible due to the male spouse's refusal to reform and mend

his domineering and abusive behavior. This situation is especially unfair to women who

have been abandoned and abused by their husbands, which is an alarmingly common

occurrence in the Philippines. Despite this, they are still denied with their freedom and

right to seek a healthy and happy relationship with someone who is capable of providing

them with the proper treatment that they deserve. Allowing the legalization of divorce will

give the victims of a failed marriage the chance to rebuild their lives and start anew, as well

the option to remarry

2. Socio-political and religious arguments:

3. Psycho-social arguments:

B. Against for the Legalization of Divorce

1. Constitutional and religious arguments:


2. Social arguments:

3. Socio-economic state of families:

4. Psycho-emotional health of children:

Sources:

https://library.fes.de/pdf-files/bueros/philippinen/50068.pdf

https://www.cnn.com/2014/10/06/world/asia/philippines-legal-divorce-battle/index.html

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