GENDER SENSITIVITY (SEXUAL HARASSMENT PREVENTION AND PROTECTION) PRESENTER: SUNNY T. CORTES GAD Division Coordinator Schools Division of Marikina

IN YOUR OWN WAYS, HOW CAN YOU SHOW THAT YOU ARE BEING GENDER SENSITIVE/GENDER RESPONSIVE?

WHAT DO YOU KNOW ABOUT SEXUAL HARASSMENT LAW (RA 7877)?

PLEASE GIVE SOME COMMON EXAMPLES THAT YOU KNOW ON SEXUAL HARASSMENT.

GENDER SENSITIVITY Gender sensitization refers to the modification of behavior by raising awareness of gender equality concerns. This can be achieved by conducting various sensitization campaigns, workshop, programs etc. Gender sensitization may be seen as "the awareness informed disposition or propensity to behave in a manner which is sensitive to gender justice and equality issues”.

CONT. GENDER SENSITIVITY Gender sensitizing "is about changing behavior and instilling empathy into the views that we hold about our own and the other genders.” It helps people in "examining their personal attitudes and beliefs and questioning the 'realities' they thought they know."

WHY THE NEED FOR GENDER SENSITIVITY? it will help in recognition, acceptance and respect respect will be the basis for tolerance tolerance will lead to inclusion inclusion will lead to being responsive being responsive will lead to equality equality will lead to human and national development

REFORMS IN LAWS DUE TO DEMOCRATIC SPACE 1986 People Power Revolution toppled the 14 year Martial Law dictatorship 1987 Constitution 1988 Elections of House of Representatives, Senators and local government officials

Before 1995: Gender based violence was not recognized in Philippine laws. Revised Penal Code covered offenses committed against women, e.g., physical injuries, rape, acts of lasciviousness, seduction, parricide, homicide, murder

Civil Law Had discriminatory provisions on women, treated as subordinate to husbands Could not accept gifts from men other than their husbands without their consent Husband had sole administration of the conjugal partnership

1987 CONSTITUTION: State Policies Sec. 2 “adopts the generally accepted principles of international law as part of the law of the land (CEDAW, CRC, other Conventions) Full respect for human rights Sec. 14. “fundamental equality before the law of women and men”

1987 Constitution Sec. 14 The State shall protect working women by providing safe and healthful working conditions xxx

LAWS ON VAW since 1995 Anti-Sexual Harassment Act of 1995 Anti-Rape Act of 1997 Rape Victims Assistance Act (1998) An Act penalizing matching of Filipino mail order brides (1998) Anti-Trafficking in Persons Act of 2003 Anti-Violence Against Women and Their Children Act of 2004

RA 9262: Anti –VAWC Act -Effective March 27, 2004 -A special law protecting women and their children from all forms of abuse -Criminal statute -Civil action – Temporary & Permanent Protection Order -With remedy of Barangay (village) Protection Order

[REPUBLIC ACT NO. 7877] AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES SECTION 1. Title. — This Act shall be known as the “Anti-Sexual Harassment Act of 1995.”

What is sexual harassment? In Section 3, Republic Act 7877, or the Anti-Sexual Harassment Act of 1995, classifies sexual harassment as: Work-related or in employment environment This is committed when a person demands, requests, or requires sexual favors from another person in exchange for another thing such as hiring for employment, re- employment, or continued employment, granting favorable compensation, terms of conditions, promotions, or privileges.

Refusal to accept sexual favors would mean discrimination or deprivation of employment opportunities. It is also sexual harassment if the sexual favors would result to abuse of rights under the labor law and an environment that is intimidating, hostile, or offensive for the victim.

This may be committed by an "employer, employee, manager, supervisor, agent of the employer, any other person who, having authority, influence or moral ascendancy over another in a work environment, demands, requests or otherwise requires any sexual favor from the other."

In education or training environment This is committed when a person demands, requests, or requires sexual favors from a student in exchange for “giving a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges and considerations.”

Just the same, if the sexual favors would result to an “intimidating, hostile or offensive environment for the student, trainee, or apprentice,” they are also considered sexual harassment. This may be committed by a "teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence, or moral ascendancy over another...demands, requests, or otherwise requires any sexual favor from the other."

Forms of sexual harassment

Under the Civil Service Commission Resolution Number 01-0940, a set of administrative rules for government employees, forms of sexual harassment include: malicious touching overt sexual advances gestures with lewd insinuation requests or demands for sexual favors, and lurid remarks use of objects, pictures or graphics, letters or writing notes with sexual underpinnings other forms analogous to the ones mentioned

Under Section 3 of the ordinance, "unwelcome sexual advances, requests for sexual favors, or other verbal or physical behavior of a sexual nature, made directly, indirectly or impliedly" can be considered sexual harassment.

The following are considered forms of sexual harassment: persistent telling of offensive jokes, such as green jokes or other analogous statements to someone who finds them offensive or humiliating taunting a person with constant talk about sex and sexual innuendos displaying offensive or lewd pictures and publications in the workplace interrogating someone about sexual activities or private life during interviews for employment, scholarship grant, or any lawful activity applied for making offensive hand or body gestures at someone

Forms of sexual harassment: repeatedly asking for dates despite verbal rejection staring or leering maliciously touching, pinching, or brushing up against someone’s body unnecessarily or deliberately kissing or embracing someone against her will requesting sexual favors in exchange for a good grade, obtaining a good job or promotion, etc cursing, whistling, or calling a woman in public with words having dirty connotations or implications which tend to ridicule, humiliate or embarrass the woman such as “puta” (prostitute), “boring,” “peste” (pest), etc any other unnecessary acts during physical examinations requiring women to wear suggestive or provocative attire during interviews for job hiring, promotion, and admission

Street harassment is among the most common forms of sexual harassment Street harassment is among the most common forms of sexual harassment. (The streets that haunt Filipino women) Sexual harassment in public spaces: "Unwanted comments, gestures, and actions forced on a stranger in a public place without their consent and is directed at them because of their actual or perceived sex, gender, gender expression, or sexual orientation." – Stop Street Harassment Organization Street harassment can happen in public places, such as in and around public transportation, public washrooms, church, internet shops, parks, stores and malls, school grounds, terminals, and waiting sheds.

According to the Philippine Statistics Authority, sexual harassment may happen in the following: premises of the workplace or office or of the school or training institution any place where the parties are found, as a result of work or education or training responsibilities or relations work- or education- or training-related social functions while on official business outside the office or school or training institution or during work- or school- or training-related travel at official conferences, fora, symposia, or training sessions by telephone, cellular phone, fax machine, or electronic mail

Women are most vulnerable

STREET HARASSMENT. Have you ever walked down the street and experienced verbal, physical, or sexual harassment? The Anti-Violence Against Women and Their Children Act, also known as Republic Act 9262, also considers sexual harassment as a form of violence against women. Section 3 of the law says that sexual violence refers to “rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks.”

A 2016 study conducted by the Social Weather Stations found that women are most vulnerable to sexual harassment. In Quezon City, Metro Manila’s biggest city with a population of over 3 million, 3 in 5 women were sexually harassed at least once in their lifetime, according to the report. In barangays Payatas and Bagong Silangan, 88% of respondents ages 18 to 24 experienced street harassment at least once.

Across all ages, 12 to 55 and above, wolf whistling and catcalling are the most experienced cases. ('Hi, sexy!' is not a compliment) Quezon City is the first city in Metro Manila to impose penalties on street harassment. In the Philippines, 58% of incidents of sexual harassment happen on the streets, major roads, and eskinitas (alleys). Physical forms of sexual harassment occur mostly in public transport.

Sexual harassment can be punished under Republic Act 7877, or the Anti-Sexual Harassment Act of 1995, and the provisions of the Revised Penal Code on Acts of Lasciviousness. RA 7877 penalizes sexual harassment with imprisonment of 1 to 6 months, a fine of P10,000 to P20,000, or both. Acts of lasciviousness, on the other hand, would mean imprisonment under the Revised Penal Code.

Duty of the Employer or Head of Office in a Work-related, Education or Training Environment. — It shall be the duty of the employer or the head of the work-related, educational or training environment or institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the employer or head of office shall:

(a) Promulgate appropriate rules and regulations in consultation with and jointly approved by the employees or students or trainees, through their duly designated representatives, prescribing the procedure for the investigation of sexual harassment cases and the administrative sanctions therefor. Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment. The said rules and regulations issued pursuant to this subsection (a) shall include, among others, guidelines on proper decorum in the workplace and educational or training institutions.

(b) Create a committee on decorum and investigation of cases on sexual harassment. The committee shall conduct meetings, as the case may be, with officers and employees, teachers, instructors, professors, coaches, trainors and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall also conduct the investigation of alleged cases constituting sexual harassment. In the case of a work-related environment, the committee shall be composed of at least one (1) representative each from the management, the union, if any, the employees from the supervisory rank, and from the rank and file employees.

In the case of the educational or training institution, the committee shall be composed of at least one (1) representative from the administration, the trainors, teachers, instructors, professors or coaches and students or trainees, as the case may be. The employer or head of office, educational or training institution shall disseminate or post a copy of this Act for the information of all concerned.

Liability of the Employer, Head of Office, Educational or Training Institution. — The employer or head of office, educational or training institution shall be solidarily liable for damages arising from the acts of sexual harassment committed in the employment, education or training environment if the employer or head of office, educational or training institution is informed of such acts by the offended party and no immediate action is taken thereon.

HOW CAN YOU CONTRIBUTE IN DISSEMINATING THE PROVISIONS OF THE LAW AND IN PRATICING GENDER RESPONSIVENESS?

If someone believes they are limited by their gender, race or background, they will become more limited. Carly Fiorina

There is a plan and a purpose, a value to every life, no matter what its location, age, gender or disability. Sharron Angle

Any serious shift towards more sustainable societies has to include gender equality. Helen Clark

References: Philippine Commission on Women http://www.rappler.com/newsbreak/iq/135240-sexual-harassment- philippines https://www.brainyquote.com/quotes/keywords/gender.html

THANK YOU VERY MUCH!