Gender-based violence is defined by the European Institute for Gender Equality as any form of violence inflicted against a person on the account of their gender.
It transcends national borders, and continues to represent the inequality that persists in our society. Most gender-based violence is inflicted by men to women and girl children, and is, thus, often used interchangeably with Violence Against Women (VAW).
Actions Taken to End VAW
This year’s celebration of International Women’s Day accentuated the global commitment to put an end to one of the many injustices that most of us turn a blind eye on, violence against women (VAW). The celebration’s theme was: “A promise is a promise: Time for action to end violence against women”.
For the past 11 years, the Philippines has been vigorously participating in the observance of the 16 days of activism against gender-based violence. This international movement begins on November 25 and ends on December 10, the International Human Rights Day. In the Philippines, it is extended until December 12, the Anti-Trafficking in Persons Day.
The importance of this movement is highlighted by the fact that a law officially declaring November 25 as the National Consciousness Day for the Elimination of Violence Against Women and Children has been enacted by Congress and was signed by the President into law this year.
The Philippines also has Republic Act No. 9262, also known as the Anti-Violence Against Women and their Children Act of 2004. RA 9262 defines the act constituting violence against women and their children. It also provides for protective measures for the victim, and prescribes penalties for the aforementioned acts.
Salient Features of RA 9262
- The law punishes physical violence, sexual violence, psychological violence, and economic abuse.
- The wife or former wife of the offender; a woman with whom the offender has or had a dating or sexual relationship; the mother of the child of the offender; and the child of the woman (whether legitimate or illegitimate) are protected under the law.
- The husband or former husband of the victim; any person with whom the victim has or had a sexual or dating relationship; any person with whom the victim has a common child; and the father of the child-victim are liable under the law.
- RA 9262 provides for the issuance of protective orders (barangay protection order, and temporary and permanent protection order), which commands the offender from further committing or threatening to commit any form of violence to the victim.
Issue on Constitutionality
The Supreme Court has recently decided on the constitutionality of RA 9262. In a case filed by Garcia v. Drilon et. al., the Supreme Court held that:
- RA 9262 does not violate the guaranty of equal protection of the laws
because the law “rests on substansial distinctions” between the men and women. The law recognizes the “unequal power relationship between men and women”; that “women are the ‘usual’ and ‘most likely’ victims of violence; and the existence of widespread “gender bias and prejudices” in our society.
- RA 9262 is not violative of the due process clause of the Constitution.
- The non-referral of a VAWC case to a mediator is justified.
- There is no undue delegation of judicial power to barangay officials.
RA 9262 is constitutional!
What We Can Do to End VAW
While these various programs and legislative measures, which seek to end gender-based violence, are already in place, much is left to be done.
Below are some suggestions on how we can contribute in reaching this goal.
- Arm yourself with knowledge. Know your rights, and learn about how you can protect yourself!
- Help in disseminating information on VAW.
- Do not abuse your partner in any way!
- Do not perpetuate electronic violence against women by watching ‘scandals’.
- Encourgage victims to speak up and end the cycle of violence.
Campaigns to End VAW
Every person has a duty to put an end to gender-based violence. Everyone has a role to play in order to break the chain. Do your duty, end gender-based violence now!
Eiya's Thoughts 