POLITICAL-LEGAL PERSPECTIVE IN

GENDER AND SEXUALITY

Lesson 15: Gender-
based Violence:
Survivor, Victim,
Perpetrator, and
Objectives:
At the end of the lesson, the students are expected to:

1. understand the definition of gender-based violence, other

related terms and its forms and consequences;
2. understand gender-based violence as human rights issue.
3. determine the relationship between human rights and
gender-based violence and
4. differentiate perpetrators, survivors, and victims in gender-
based violence.
Introduction
- Any harmful act that is perpetrated against a persons’ will and
that is based on socially-ascribed (gender) differences
between males and females (Inter-agency Standing
Committee Guidelines for Integrating Gender-based
Violence in Interventions in Humanitarian
Action 2015).
- 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.
Consequences of Gender-based Violence

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). It
also affects children’s survival, development,
and school participation.
Consequences of Gender-based Violence
Social consequences- extend to families and communities.
Families can also be stigmatized as a consequences of gender-
based violence.

Economic consequences- include the cost of public health and

social welfare system and the reduced ability of many survivors
to participate in social and economic life.
Survivor
- is the preferred term (not a
“victim”) of a person who
has a lived through an
incident of gender-based
violence.
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:

a. Persons with real or perceived power

b. Persons in decisions-making positions

c. Persons in authority
Human Rights
- Are universal, inalienable, interconnected, and interdependent.
Everyone is entitled to all the rights and freedom without
distinction of any kind, such as race, color, sex, language,
religion, political or other opinion, national or social origin,
property birth or other status.
Human Rights
- Are universal, inalienable, interconnected, and interdependent.
Everyone is entitled to all the rights and freedom without
distinction of any kind, such as race, color, sex, language,
religion, political or other opinion, national or social origin,
property birth or other status.
 Acts of gender-based violence violate 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)
 The survivor and perpetrator are important actor in
gender-based violence (GBV) and violence against women
(VAW) cases.

Gender-based violence and violence against women

are clear violations of human rights.
CONTEMPLATE. Reflect on the use of the word SURVIVOR or VICTIM.

Survivor Victim
How does a survivor or
victim look like?

What are the similarities?

What are the differences?

Who can be a survivor or

a victim?

What are your thoughts?

Summary

GBV is a worldwide phenomenon which must be given attention

nationally and internationally. The consequences capture almost all spheres of
our lives. A main focus of gender-based violence is violence against women
affecting women and girls across their lifespan. Violence against women also
covers a continuum of violence which appeared to be unending, with an array
of elements of abuse, coercion, or force.

The survivor and perpetrator are important actors in GBV and VAW
cases. GBV and VAW are clear violations of human rights. All these point to the
essence that these acts of violence are a global and national concern.
Reference:

PERALTA, E. ET. AL. (2019). GENDER AND SOCIETY: A

HUMAN ECOLOGICAL APPROACH. REX BOOKSTORE,
INC. SAMPALOC, MANILA, PHILIPPINES
Political-Legal Perspective in Gender and
Sexuality

Lesson 16:
Gender-based
Violence: Power,
Use of Force and
Consent
Objectives:
At the end of the lesson, the students are expected to:

1. identify the relationship between abuse of power and gender-based

violence.

2. understand that the term “violence” in the context of gender-based

violence means using some type of force, which may or may not include
physical force

3. understand the meaning of “informed consent” and its relationship to

gender-based violence.
Introduction
In earlier session, we have discussed what GBV and the agents/subjects
who are involved in it: the survivor and the perpetrator, among others. This
session explores the meaning of three important concepts behind GBV: Power,
Use of Force/Violence, and Informed Consent.
Power
- Is directly related to choice.

The more power one has,

there are more choices available.

The lest power one has, fewer

choices are available.

- unpowered people have fewer choices and are therefore, more

vulnerable to abuse.
Types of power and powerful people:

a. Social – peer pressure, bullying, leader, teacher, parents;

b. Economic - perpetrator controls money or access to goods,

services, money, favors; sometimes the husband or the father.

c. Political - elected leaders, discriminatory laws, President of the

United States
Types of power and powerful people:

d. Physical – strength, size, use of weapons, controlling access or

security; soldiers, police, robbers, gangs

e. gender-based (social) - males are usually in a more powerful

position than females

f. age-related - often, the young and elderly people have the

least power.
CONTEMPLATE. Read the case and reflect on the succeeding questions.

In a very traditional and patriarchal family, the father of a 19-year old girl tells her
that he has arranged for her to marry a certain man. The girl does not know the man
very well. The man is much older than she is, but she agrees to the marriage.
1. Do you think this kind of situation could happen?
2. Did she give her informed consent to this marriage?
3. Was there any force used in this incident? Who is more powerful in this
example-father or daughter?
4. What kind of power does the father have?
5. What kind of power does the daughter have?
6. How does power relate to choice in this example?
Criteria:
Content=5
Idea=5
Total=10 points
Use of Force/Violence
Force
- Might be physical, emotional, social or economic in nature.
- It involves coercion or pressure. It also includes intimidation, threats,
persecution, or other forms of psychological or social pressure.

The target of such violence is compelled to behave as expected or

to do so what is being requested for fear of real and harmful
consequences.
Use of Force/Violence
Violence
- Use of physical force or other means of coercion such as
threat, inducement, or promise of a benefit to obtain
something from a weaker or more vulnerable person

- it involves forcing someone to do something against his/her

will – use of force.
Inform Consent

Consent
- saying “yes” agreeing to something.

- making an informed choice freely and

voluntarily by persons in an equal
power relationship.

Acts of gender-based violence occur without informed consent.

Cycle of Violence
- Refers to repeated acts of violence in a
relationship.

- It starts to minor incidents and moves on to more

serious levels of violence.

The impact of being a victim or a witness to

violence on a child is traumatic. It can make a child
scared, unhappy, lonely, lose self- confidence, blame
themselves, lose sleep, and pick up fights with
peers.
Summary
Power and abuse of the same are integral components of GBV. These
components also had an effect to the consent to be given by the survivor.
Consent may be informed or vitiated, on which violence is perpetrated. This
violence plays along a cycle of being overpowered and giving of consent to the
detriment of women and their children.
PERALTA, E. ET. AL. (2019). GENDER AND SOCIETY: A
HUMAN
ECOLOGICAL APPROACH. REX BOOKSTORE,
INC.
Reference:
SAMPALOC, MANILA, PHILIPPINES
Lesson 17 – Women and the Law
Objectives:
At the end of the lesson, the students are expected to:
1. Know about he various Philippine laws affecting women;
2. Identify the various rights of women; and
3. Understand the impact of these laws and
rights to the Filipino woman and society.
Definition of Terms
 The1987 Constitution – the fundamental law of the
country upon which all the laws are anchored or based
on;
 Magna Carta of Women – the main law enshrining all the
rights of women and their roles in building the nation; and
 Nation Building – collaborative efforts and means to
establish and develop the country.
Introduction
Article 11 Section 14 of the 1987 Constitution

 “The State recognizes the role of women in

nation-building and shall ensure the
fundamental equality before law of women
and men”.
 “ provided for . . . women representation (as
one of the nine marginalized sectors) in the
legislature through party-list system (which
should cover 20% of the lower house).
Article 13 Section 14 of the 1987
Constitution
 “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.
CONTEMPLATE. Reflect on the following:
1. What do you think are the reasons why these provisions should be
enshrined in our 1987 Constitution?
2. Which among these constitutional provisions are the most important?
Provide reasons.
3. Do you think these constitutional provisions are lacking or already sufficient?
Provide your reasons.
Various Laws Promoting Gender Equality
 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 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 that 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
Various Laws Promoting Gender Equality
 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.
Various Laws Promoting Gender Equality

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. It 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
Various Laws Promoting Gender Equality
 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 person.
These laws not only promote gender equality, but also gives
protection to women’s rights and enhances women empowerment
National Programs on Gender
 Philippine Plan for Gender Responsive
Development (1995-2025). The National
Plan for Women consolidates the action
commitments of the Philippines during the
Beijing World Conference for Women
 Gender and Development Budget (GAD)
aims at institutionalizing gender concerns in
the mainstream development process and
agenda and not just peripheral programs
and projects of the government
National Programs on Gender
 Framework Plan for Women (FPW). Basically, this focuses on
promoting women’s economic empowerment; advance and
protect women human rights; and promote gender responsive
governance.
 Women’s Right to
Women’s rightParticipate
to vote was granted in 1937. It was stated in the
1935 Constitution that the right of suffrage would be given to
women only if 300,000 women voted in its favor in a national
plebiscite. This brought about the activism of women in organizations
like Asociacion Feminista Filipina, Liga Femenina de la Paz, National
Federation of Women’s Clubs and Ugnayan ng Kababaihan sa Pulitka
in 1998. Later, the General Council of Women directed the plebiscite
campaign. Results: 447,725 were in favor; 44,307 voted against the
provision.
Women’s Involvement in Civil Society
Involvement was done through organizing along gender-specific
issues and formation of all-women groups within broad coalitions as
power-enhancing mechanisms such as Pilipina feminist movement,
the militant Gabriela women’s group, Ugnayan ng Kababaihan
sa Pulitika, Kilos Kabaro (Act Sisters Coalition), and Sibol
Legislative Network.
Women raised gender-specific issues such domestic violence,
prostitution, reproductive health sexual harassment. They lobbied
for the passage of anti-sexual harassment law in 1995 and the anti-
rape act in 1997.
Women and Education
There is no general discrimination of girls in education.
Hence, there is no marked differences in the educational
status of Filipino women and men.

Issue: gender stereotyping of fields of study and specialization. This is carried

over to the world of work where mean generally occupy the highest
occupational ranks and the highest paying positions.
Summary

Laws on Filipino women are aplenty, from the

fundamental law of the land up to existing
legislations. It can be projected that more such
legislations shall arise in the future. These laws
are essential as they can be springboards of
various national programs, women
involvement, participation, and inclusion-all
towards the highest goal of empowering
women.
PERALTA, E. ET. AL. (2019). GENDER AND SOCIETY: A
HUMAN
ECOLOGICAL APPROACH. REX BOOKSTORE,
INC.
Reference:
SAMPALOC, MANILA, PHILIPPINES
Lesson 18 – “Anti-Violence Against Women and
Their Children Act or Republic Act No. 9262
Objectives:
At the end of the lesson, the students are expected to:
1. Discuss the important provisions of Anti-VAWC Act
or RA 9262.
2. Understand the details of its commission.
3. Comprehend actual cases involving the said law.
Anti-Violence Against Women & Children
https://www.youtube.com/watch?v=ED9SvlGuJ2Y&f
eature=youtu.be
Definition of Terms
Protection orders – orders issued by the Barangay or the
Courts distancing the perpetrator from the victim and vice
versa for reasons provided for by the law.
Public crime – nature of a crime wherein it is considered to
be an affront to the society, allowing anyone who has
personal knowledge to file a case for VAWC.
Introduction

The RA 9262, or the Anti-Violence against Women and their Children 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.
Republic Act 9262: Important Features
 Four kinds of violence against women and children are defined
 Physical, psychological, sexual, and economic
 VAWC is a pubic crime
 Protection orders can be issued against the perpetrator
 Stronger community mechanism to respond to cases
Reliefs under a Protection Order

Refer to page 139 1 to 20 on

reliefs that may be availed of through a
Protection Order
 Rights of Victim-Survivors of VAWC Cases
In addition to their rights under existing laws . . . . .
 To be treated with respect and dignity
 To avail of legal assistance from the PAO and the DOJ or any
public legal assistance office
 To be entitled to support services from the DSWD and the LGUs
 To be entitled to all legal remedies and support as provided for
under the Family Code
 To be informed of their right to apply for a protection order.
The right to privacy is also provided in the law, and its violations is
punishable by imprisonment and fine.
Protection Order as Defined under Anti-VAWC Law
“…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 the
ability of the victim to independently gain control of her life.”
Duties of National and Local Government Offices
Section 39 of RA 9262 provides for the creation of the Inter-
Agency Council on VAWC (IAC-VAWC) which shall formulate
gender-sensitive programs and projects according to their
respective agency mandates, including capability building
programs for their employees. IAC-VAWC consists of the
following agencies:
 DSWD National Commission of the Role of Filipino Women,
Civil Service Commission, Commission on Human Rights,
Council for the Welfare of Children, DOJ, DILG, PNP, DOH,
DepEd, DOLE, and NBI
Duties and Functions of Barangay Officials
to eliminate violence against women and children
Section 47. Duties and Functions of Barangay Officials

Refer to p. 141 a to i
Assessment:
1. What knowledge obtained about Anti-VAWC Act or RA 9262 will be useful
to you, your family, community and society?
2. Provide specific ways on how can this knowledge be realized in your
family, community and society.
Summary The VAWC Act is a landmark legislation
championing the cause of women. This specific
law pertains to specific violations captured 4 acts
of violence defined in the law. Also, VAWC was
considered to be a public crime allowing other
persons to file the complaint, not only the victim-
survivor. Further, the law allows protection orders
distancing the perpetrator from the victim and
vice versa for several purposes as provided for
therein. Importantly, government units are
mandated to provide specific and immediate
mechanisms to respondent appropriately to
these VAWC cases.
PERALTA, E. ET. AL. (2019). GENDER AND SOCIETY: A
HUMAN
ECOLOGICAL APPROACH. REX BOOKSTORE,
INC.
Reference:
SAMPALOC, MANILA, PHILIPPINES