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Constitutional and Legislative Provisions on Violence Against Women

Updated: Apr 6, 2023



Violence against women is a major human rights issue that continues to be prevalent across the world. To combat this issue, many countries have enacted constitutional and legislative provisions to address violence against women. These provisions often include laws and policies that criminalize domestic violence, sexual assault, and other forms of gender-based violence. In addition, constitutional and legislative provisions typically prioritize the protection of women's rights to live without fear of gender-based violence.


These are the specific constitutional an legislative provisions regarding violence against women in the Philippines:

  • The 1987 Philippine constitution - specifically Article II, Section 14 and Article XIII, Sections 11-22 - includes various provisions that address violence against women in the Philippines. Article II, Section 14 of the 1987 Philippine constitution states that "The State recognizes the role of women in nation-building, and shall ensure That the fundamental equality before the law of women and men can be ensured and that all forms of discrimination against women shall be eliminated." Furthermore, Article XIII, Sections 11-22 of the same constitution specifically address women's welfare and gender equality.


  • Anti-Mail Order Bride Law (Republic Act 6955) - The Anti-Mail Order Bride Law (Republic Act 6955) was enacted in the Philippines to prohibit the business of organizing marriages between Filipino women and foreign men. This law recognizes that such marriages may lead to domestic violence and abuse against women. The law seeks to protect women by criminalizing the act of matchmaking for profit and providing penalties for those who violate it.


  • Anti-sexual Harassment Act of 1995 (Republic Act 7877) - This) aims to prevent and address sexual harassment in the workplace, educational and training institutions, and other similar settings. It defines sexual harassment, prohibits it and provides penalties for those found guilty of the offense.


  • Anti-rape Law of 1997 (Republic Act 8353) - The Anti-rape Law of 1997 (Republic Act 8353) was enacted to criminalize rape in all its forms and provide penalties for convicted offenders. More specifically, the Anti-rape Law of 1997 provides for stiffer penalties and a broader definition of rape, including marital rape, which was previously not recognized as a crime in the Philippines.


  • Rape Victims Assistance and Protection Act of 1998 (Republic Act 8505) - The Rape Victims Assistance and Protection Act of 1998 (Republic Act 8505) provides for the protection, assistance, and rehabilitation of rape victims and their families. It mandates that all government hospitals should provide medical attention and assistance to rape victims. These laws and policies are a testament to the Philippine government's commitment to promoting gender equality, protecting the rights of women, and eliminating violence against them.


  • Anti-Trafficking in Persons Act of 2003 (Republic Act 9208) - The Anti-Trafficking in Persons Act of 2003 (Republic Act 9208) aims to prevent and eradicate human trafficking, especially women and children who are often the primary victims of trafficking. The law provides for the protection of victims and witnesses of human trafficking and prescribes stiffer penalties for persons found guilty of engaging in or facilitating human trafficking.


  • Violence Against Women and Children Act of 2004 (Republic Act 9262) - The Violence Against Women and Children Act of 2004 provides for the protection and support of women and children who are victims or at risk of violence. The Violence Against Women and Children Act of 2004 also provides for the prosecution of offenders, including their treatment and rehabilitation. Taken together, these laws and policies form a comprehensive legal framework that seeks to uphold the rights of women and children in the Philippines, prevent gender-based violence and provide justice for victims.


  • Article 245 of the Revised Penal Code (Republic Act 3815) - Article 245 of the Revised Penal Code (Republic Act 3815) criminalizes the physical injuries inflicted upon another person, including women and children. This law aims to protect women and children from physical violence and abuse, including battery and assaults. It enshrines the principle that no one, regardless of sex or gender, is above the law and that perpetrators of violence against women and children will be held accountable and punished accordingly, in order to ensure justice for the victims and prevent such atrocities from occurring in the future.

The aforementioned laws and policies provide a robust legal framework for promoting gender equality, preventing violence against women and children, protecting victims of trafficking, and ensuring their safety, and upholding their rights in the Philippines. Through effective implementation and enforcement of these laws and policies, as well as the promotion of gender-sensitive approaches and education, we can create a society that values equality, human dignity, and social justice for all. This includes the provision of support and resources to victims of violence and trafficking, such as access to safe shelters, medical care, legal assistance, counseling services, and other forms of assistance that are essential to their recovery and well-being. Furthermore, it is crucial to raise awareness among the general public and encourage their active involvement in preventing violence against women and children, as well as human trafficking, which is a grave violation of human rights and a form of modern-day slavery that continues to affect millions of people worldwide. By committing ourselves to these goals, and by promoting respect for human rights, gender equality and social justice, we can build a safer and more prosperous future for women and children in the Philippines.



Reference:


National Statistics Office Gender and Development Committee. (2017). Constitutional and Legislative Provisions on Violence Against Women. https://psa.gov.ph/sites/default/files/ attachments/aodao/article/QandA_Constitutional%20and%20Legislative%20Provisions%20on%20Violence%20Against%20Women.pdf

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