WOMEN AND THE LAW AND CHILDREN’S RIGHTS – THE PHILIPPINE EXPERIENCE

1. WOMEN AND THE LAW AND CHILDREN’S RIGHTS – THE PHILIPPINE EXPERIENCE By Myrna S. Feliciano MCLE Executive Director Professor II, Philippine Judicial Academy Professorial Lecturer, U.P. College of Law

2. 2000 CENSUS Population – 76,504,077 38.5 million or 50.36% are males 38.0 million or 49.64% are females ٭15-49 years – 51.04% females of child-bearing ٭ 43.89% single (52.94% males; 47.06 females ٭ 45.66% are married ٭ 10.45% - widowed, separated, divorced (75.72% females; 24.28% males)

3. Age Group 0-14 years – 37.01% 15-64 years – 59.16% 65 over – 3.83% Every 100 persons of working age supports 63 young dependents and 6 old dependents. Female headed household – 15.4% with average size of 4 persons

4. 19 years or younger – 36.3 million 5-17 years – 3.5 million work under grueling conditions

5. HISTORICAL BACKGROUND • Pre-Spanish times – women held in high esteem • Spanish times – reoriented as docile, obedient and virtuous • American era – introduced universal education social reforms • Today – high level of education and relative independence in combining work and family

6. However, this veneer of achievement-- -- masks strong patriarchal institutions, practices and attitudes predominant in Philippine society -- relationship regulated by stereotypes and double standards - females are weaker and submissive vis-à- vis males is stronger and aggressive - women as caregivers and homemakers - men as breadwinners & heads of families

7. LEGAL REFORMS AFFECTING WOMEN • 1987 Constitution, Art. II, sec. 14. The State recognizes the role of women in nation-building and shall ensure the fundamental equality before the law of women and men. • Philippine Development Plan for Women (PDPW), 1989-1992

8. Philippine Plan for Gender-Responsive Development (PPGD), 1995-2005 • Research project on “A Gender Analysis of Philippine Laws” – 14,959 statutes • UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) • Philippines ratified it on 05 August 1981

9. AMENDMENT OF DISCRIMINATORY STATUTES 1. RA 6725 (1989) – amending Art. 135 of Labor Code – “unlawful for any employer to discriminate any woman employee with respect to terms and conditions of employment solely on account of her sex.”

10. 2. Labor Code • Art. 136 – Prohibits precondition for employment not to get married • Art. 137 – prohibits the discharge of women on account of her pregnancy Cases: Zialcita v. PAL, DOLE Case No. R04-3-3399-76, May 27, 1976; PT&T Co. v. NLRC, G.R. No. 118978, 23 May 1997

11. RA 7192 (1991) – “Women in Development and Nation-Building Act” - Women of legal age shall have: - capacity to act and enter into contracts, security and credit arrangements - access to all government and private sector programs, loans and non-material resources

12. - opportunities to enroll in all military schools of AFP & PNP - join social and cultural clubs - avail of social security, i.e. SSS, GSIS, & PAG-IBIG through their spouses - ensure substantial portion of foreign assistance funds be allocated to women support programs

13. RA 7322 (1992) – increased maternity benefits given to women workers in the private sector and equalized maternity benefits given to public sector under the Revised GSIS Act. • RA 8187 (1996) – Paternity Leave Act which entitles fathers 7 days leave for first 4 deliveries of legitimate spouse with whom he is cohabiting

14. RA 8042 (1995) – Migrant Workers & Overseas Filipinos Act - codification and institution of policies of overseas employment - establishment of a higher protection and promotion of welfare of migrant workers and their families and overseas Filipinos in distress

15. - limited countries of deployment to jobs that required skilled workers - gives both documented and undocumented workers equal protection and treatment - other provisions from funding to illegal recruitment - deregulation of the labor migration industry

16. VIOLENCE AGAINST WOMEN AND CHILDREN • UN Declaration on the Elimination of Violence Against Women (VAW) Any act of gender-based violence that results in or is likely to result in physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life.

17. Encompasses but not limited to: a. Physical, sexual and psychological violence occurring in the family, including- - battering - sexual abuse of female children in the household - dowry-related violence - marital rape

18. - female genital mutilation - other traditional practices harmful to women - non-spousal violence; and - violence related to exploitation

19. b. Physical, sexual and psychological violence occurring within the general community, including: - rape - sexual abuse - sexual harassment - intimidation at work in educational institutions and elsewhere

20. - trafficking in women, and - forced prostitution c. Physical, sexual and psychological violence perpetrated or condoned by the State, whenever it occurs.

21. RA 8353 or Anti-Rape Law of 1997 Rape is 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

22. c. By means of fraudulent machination or grave abuse of authority; and d. When the offended party is under 12 years of age or is demented, even though none of the circumstances mentioned above be present

23. 2. By a person, who, under any of the circumstances mentioned in par. 1, shall commit an act of 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 (Art. 266-A)

24. Now a crime against persons • 2nd paragraph is gender neutral • If legal husband is offender, the subsequent forgiveness of the wife extinguishes the crime or penalty- • Does not apply if marriage is void ab initio

25. - subsequent valid marriage between offender and offended party extinguishes the crime or penalty - death penalty imposed if victim is under 18 years and offender is parent, step-parent, guardian, relative by consanguinity or affinity within 3rd degree or common-law spouse of the parent of the victim * Death penalty abolished by RA 9346 (2006)

26. B. RA 8505 or the Rape Victim Assistance & Protection Act of 1998 • Establishment in every province and city a rape crisis center located in a government hospital or health clinic or a suitable place - providing rape victims with psychological counseling, medical and health services, including medico-legal examination - securing free legal assistance for rape victims

27. - assisting rape victims in the investigation - ensuring privacy and safety of rape victims - providing psychological counseling and medical services to victim’s family - developing and undertaking a training program for law enforcement officers, lawyers, medico-legal officers, social

28. workers and barangay officials on human rights and responsibilities, gender sensitivity and legal management of rape cases - adopting and implementing programs for the recovery of rape victims *DSWD is lead agency in establishment and operation of these centers

29. - specifies procedure which a police officer, an examining physician and prosecutor must follow upon receipt of a complaint of rape * women’s desk established in every police precinct and investigated by a police woman

30. * physician and prosecutor must be females * right to privacy of offended party and accused > information on their identities cannot be disclosed

31. - rape shield provision– In prosecutions for rape, evidence of complainant’s past sexual conduct, opinion thereof and his/her reputation shall not be admitted unless, and only to the extent that the court finds that such evidence is material and relevant to the case.

32. - DSWD crisis intervention units in 15 regions and 24-hour hotline and counseling services - NBI– one-stop crisis unit in some of its regional offices - 3 Homes called “The Haven”– residential care, including food, medical care, psychological services, referrals for legal, psychiatric and training in livelihood skills.

33. RA 9208 or Anti-Trafficking in Persons Act of 2003 - Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children Supplementing the UN Convention Against Transnational Organized Crime

34. - Inter-Agency Council Against Trafficking (IACAT) *DOJ as lead agency

35. Main Features: - Definition of Trafficking—covers a wide range of activities that are carried out for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage, removal or sale of organs whether any of these happened in the country or abroad or whether the victims are Filipino nationals or foreigners trafficked to the Philippines

36. - Redefines prostitution as “any act, transaction, scheme or design involving the use of a person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any consideration, with the criminal liability assigned to those who promote it through trafficking in persons.

37. - Consent of a trafficked person to the intended exploitation shall be irrelevant. - Penalties: * Use of trafficked person— 1st offense—6 months community service and fine of P50,000 2nd & subsequent offenses– imprisonment of 1 year & fine of P100,000

38. * Acts of Trafficking– 20 years imprisonment, fine of P1-2 Million ^ to recruit, transfer, transport, harbor, provide or receive a person under pretext of domestic or overseas employment, training or apprenticeship for purposes of prostitution, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.

39. ^ to introduce or match for money, profit or material, economic or other consideration any person or Filipino woman to a foreign national for the above purposes ^ to offer or contract marriage, real or simulated for the above purposes

40. ^ to undertake or organize tours or travel plans consisting of tourism packages or activities for utilizing and offering persons for prostitution, pornography or sexual exploitation ^ to hire a person to engage in prostitution or pornography ^ to adopt or facilitate the adoption of persons for the above purposes

41. ^ to recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person ^ to recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

42. *Acts that promote trafficking in persons– 15 years imprisonment and fine of P500,000.00 ^ to knowingly lease or sublease, use or allow to be used any house, etc. ^to produce, print or distribute unissued, tampered, fake counseling certificates, registration stickers or a certificate or sticker as proof of compliance with government regulatory and predeparture requirements

43. ^ to advertise, publish, print, broadcast, or distribute or cause the advertisement, publication, printing, broadcasting or distribution by any means, including use of information technology and the internet or any propaganda material that promotes trafficking in persons

44. ^ assist in facilitating of clearances and necessary exit documents for pre-departure registration and services for departing persons for the purpose of trafficking in persons ^ assist or help in the exit and entry of persons from/to country at international and local airports, territorial boundaries and seaports who have fraudulent travel documents

45. ^ to confiscate, conceal or destroy passports or travel documents or belongings of trafficked persons to prevent them from leaving the country or seeking redress for government agencies. ^ knowingly benefit, financial or otherwise or make use of the labor or services of a person held in involuntary servitude, forced labor, etc.

46. * Qualified Trafficking– life imprisonment and fine of P2 million to 10 million ^ when trafficked person is a child ^ when adoption is effected through RA 8043 (Inter-Country Adoption Act of 1995)

47. ^ when crime is committed by a syndicate or in large scale (3 or more persons conspiring syndicate, 3 or more persons, individually or as a group – large scale) ^ offender is ascendant, parent, sibling or guardian who exercised authority or committed by public officer or employee

48. ^ trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies ^ when offender is a member of military or ^ when by reason or on occasion of the act, the offended party becomes insane, suffers mutilation or is afflicted with HIV or AIDs

49. * Violation of confidentiality – 6 years imprisonment and fine of P500,000 to1 million VENUE– where offense was committed or where any of its elements occurred or where the trafficked person actually resides at the time of the commission of the offense

50. FINES– placed in a Trust Fund for rehabilitative and integration program of victims, mandatory programs under the law and information programs