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article=2041384836886

RDC-GADCC Caraga discusses VAWC issues & concerns


BY: JENNIFER P. GAITANO Tuesday 19th of November 2013
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BUTUAN CITY, Nov. 19 (PIA) In a recent press conference, the Gender and Development Coordinating Committee (GADCC) under the Regional Development Council (RDC) discussed issues and concerns on Violence Against Women and Children (VWC), as well as updates on the activities set for this years 18-day Campaign to End Violence Against Women. PSI Charity Galvez of Philippine National Police (PNP)-Caraga, recognized the vital role of media in info-dissemination on the rights of women and their children against abusive men (husband/father). "The media is our constant partner. They help us gather reports from the VAWC victims in the community so we can also immediately respond to them," she said. Galvez further encouraged abused married women not to tolerate what their husbands are doing to them. Women should know their rights and should fight for it, she said. PSI Venus Nelmida of PNP-Caraga also bared that because of the electronic-blotter (e-blotter) system of the PNP, its recorded VAWC cases from the barangay up to the regional level are now synchronized and updated. Unlike before, there are cases reported in the barangay level and are not forwarded in the municipal/city to regional headquarters but now, with the e-blotter, records from the barangay up to the regional are already synchronized. With this, we can easily monitor the cases and its trend, she said. Jessie Catherine Aranas of the Department of Social Welfare and Development (DSWD)-Caraga said the department has services for the VAWC victim-survivors as well as to their families which shall be provided in accordance to their needs. "These are the following but not limited to: Counseling or debriefing if necessary; Temporary shelter at Home for Girls; Financial assistance for the conduct of medical interventions/medical assistance; Referral for legal assistance; Educational assistance; and Livelihood and skills training," she said. When asked if there is also a law protecting men against their abusive spouses, Mr. Leonor Ledesma of the Commission on Human Rights (CHR)-Caraga stressed that While there is a law that protects the welfare of the women and children, those said to be 'abused men' can also file a physical injury case against their spouses. But what usually happens, reports show that more women are abused than men".

Ledesma also emphasized that the CHR is open for individuals who want to raise their concerns that is related to human rights issues and concerns. Meanwhile, GADCC-Caraga Co-chairperson Edna Hontiveros of FORWARD Filipina Inc., is calling on Caraganons to support the activities of men and women for this year's 18-Day Campaign to End Violence Against Women set on November 25 to December 12. The said campaign will kick-off with a joint/simultaneous Flag Raising Ceremony on Nov. 25 at the Agusan del Norte Capitol Covered Court, this city. Series of activities will then follow in different schedule. With this year's theme of the 18-Day Campaign to End Violence Against Women which is "End VAW Now! It's Our Duty!", the call will emphasize the importance of having a functional mechanism, operated by competent and capable duty-bearers with a sense of responsibility and accountability originating from a deep understanding of the fundamental principles of genderbased violence and the provisions of VAW laws. (JPG/PIA-Caraga)
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http://karapatangbabae.weebly.com/anti-vawc.html

May batas ba ukol sa violence laban sa kababaihan at kanilang mga anak?


Oo, ang Republic Act No. 9262 (2004) o ang Anti-Violence Against Women and Their Children Act ay batas na pinasa para bigyang proteksiyon ang mga kababaihan at kanilang mga anak na nakararanas ng pag-aabuso o karahasan.

Anong akto ang sinasangga ng batas?


Ang batas ay nagbibigay proteksyon laban sa anumang aktong ginawa ng sinuman laban sa isang babae na:

1. kanyang asawa o dating asawa; 2. mayroon o nagkaroon siya ng sekswal na relasyon o dating relationship; o 3. ina ng kanyang anak. May proteksyon ding ibinibigay sa anak ng babaeng nabanggit sa itaas, lehitimo man o hindi:

1. na ginawa sa loob o sa labas ng tahanan;

2. na nagresulta o maaaring magresulta sa: pisikal, sekswal o sikolohikal na pinsala o paghihirap, pinansyal na pang-aabuso, pananakot na gawin ang mga nabanggit, pambubugbog, pananakit, pamimilit, panggugulo o pagkait ng kalayaan.

Magbigay ng halimbawa ng mga karahasang labag sa batas.


1. Pisikal na Karahasan: pananakit sa katawan o pisikal na pananakit. 2. Sekswal na Karahasan: mga aktong likas na sekswal; kabilang ngunit hindi takda sa mga
sumusunod:

1. 2. 3. 4. 5. 6. 7. 8.

panggagahasa; sexual harassment; kalaswaaan o acts of lasciviousness; pagtrato sa babae o kanyang anak bilang sekswal na bagay o sex object; paggamit ng mga salitang nakakapahiya o nakapanlilit, at mga salitang malaswa; pisikal na pananakit sa maseselang bahagi ng katawan ng biktima; pamimilit sa kaniya na tumingin o manood ng mga malalaswang babasahin o palabas; pamimilit sa biktima o sa kaniyang anak na gumawa ng mga malalaswang gawain at/o gumawa ng malalaswang pelikula; 9. pamimilit sa babaeng asawa at kalaguyo/kabit na tumira sa kanilang bahay o parehong matulog sa iisang kuwarto kasama ang akusado; 10. pagpapagawa sa biktima, sa pamamagitan ng puwersa, pananakot o pamimilit, ng gawaing sekswal; at 11. pagsadlak sa babae o sa kanyang anak sa prostitusyon.

3. Sikolohikal na Karahasan: mga gawain o di-paggawa na nagdudulot ng paghihirap sa isip o


damdamin ng biktima, kabilang na, ngunit hindi limitado sa mga sumusunod: pananakot;

1. 2. 3. 4. 5. 6. 7.

panggugulo; pagmamanman o stalking; paninira ng ari-arian; pamamaliit sa publiko o pamamahiya; paulit-ulit na pang-aabusong sa pananalita; pangangaliwa; pagpapakita o pagpayag na makita ng biktima ang pang-aabusong pisikal, sekswal o sikolohikal sa isang kapamilya; 8. pagpapakita o pagpayag na makita ng biktima ang anumang uri ng pornograpiya; 9. pagpapakita o pagpayag na makita ng biktima ang pang-aabuso sa alagang hayop; at 10. hindi makatuwirang pagbabawal o pagkakait ng karapatang pangalagaan o bisitahin ang mga anak ng biktima at ng may-sala.

4. Pinansyal na Pang-aabuso:

mga gawain na nagiging sanhi upang maging pala-asa ang babae ukol sa pananalapi, katulad ng, ngunit hindi limitado sa mga sumusunod:

1. pagbawi ng sustentong pinansyal; 2. pagbabawal sa biktima na pumasok sa lehitimong propesyon, trabaho o negosyo o gawain (maliban kung tumanggi ang asawa batay sa katanggap-tanggap, seryoso at moral na dahilan);

3. pagkait ng kakayahang pinansyal at right to conjugal, community or property owned in common; 4. paninira ng mga kagamitan sa bahay; at 5. pamamahala sa sariling pera o propyedad ng biktima.

http://womenchampiononline.com/2012/11/19/ten-10-important-things-you-should-remember-aboutra-9262/

Ten (10) Important Things You Should Remember About RA 9262 *


BY PAULAWSIN NOVEMBER 19, 2012 BATTERED WOMAN DEFENSE DOMESTIC VIOLENCE DSWD VAWC VIOLENCE AGAINST WOMEN VIOLENCE AND ABUSE

RA 9262 is ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 which was adopted / signed on March 8, 2004 and took effect last March 27, 2004 RA 9262 is a law that protects the rights of women & their children & also eliminates violence as its usually children and women are likely the victims due to unequal power .relations 1. What is VAWC? Violence Against Women and their Children (VAWC) is defined as: Any act or a series of acts committed by any person against a woman who is his wife, former wife. Against a woman with whom the person has or had a sexual or dating relationship, or with whom he has common child, Against her child whether legitimate or illegitimate, within or without the family abode,

which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuseincluding threats of such acts battering, assault, coercion, harassment or arbitrary deprivation of liberty 2. Who are considered CHILDREN? Anyone below 18 years of age, or older but incapable of taking care themselves, including the biological children of the victim and other children under her care. 3. What are the FOUR (4) ACTS that constitute VAWC ? A.) Physical violence bodily harm or physical harm. B.) Sexual violence is an act, which is sexual in nature such as rape, sexual harassment. C.) Psychological violence is an act that causes mental or emotional suffering to the victim such as intimidation stalking, marital infidelity. D.) Economic violence is acts that make the woman financially dependent, such as withdrawal on financial support, destroying household property. 4. What are the rights of Victim Survivor?

To be treated with respect and dignity To confidentiality To avail of legal assistance from the PAO or any public legal assistance To be entitled to support services from the DSWD and LGUs To be entitled to all legal remedies and support provided by the Family Code; T To avail up to 10 days of leave of absence in addition to other paid leaves To be informed of their rights and the services available to them, including their right to apply for a protection order.

Violation of confidentiality shall have a penalty of one-year imprisonment and a fine of not more than 500,000 pesos

5. What are the 3 types of Protection Orders? Barangay Protection Order (BPO) is issued by Punong Barangay / Kagawad; effective for 15 days Temporary Protection Order (TPO) refers to the protection order issued by the Court on the date of filing afterexparte determination that such order should be issued; effective for 30 days and renewable / extendable. Permanent Protection Order (PPO) refers to protection order issued by court after notice and proper hearing. 5. What is the purpose of Protection Orders ?

to prevent further acts of violence against a woman or her child safeguards the victim from further harm minimizes any disruption in the victims daily life facilitates the opportunity and ability of control over her life

6. What are the Mandatory Services for victims-survivors?


temporary shelter counseling psycho-social services and or recovery and rehabilitation programs livelihood assistance; medical assistance

Rehabilitative counseling and treatment to perpetrators for them to learn constructive ways of coping with anger and emotional outburst and reform their ways (Secs. 40 & 41) 7. What are the PENALTIES for VAWC?

Imprisonment based on the provisions of the Revised Penal Code Fine ranging from 100,000.00 to 300,000.00 Mandatory psychological counseling or psychiatric treatment for perpetrators

9. Immunity from Suit Any person, whether a private individual, a public officer, or a government official /worker, who, in accordance with law, intervenes without using violence or restraint greater than necessary to ensure the safety of the victim, is not liable for any criminal, civil or administrative accountability (Secs. 43 & 43) 10. What is BATTERED WOMAN SYNDROME? It is defined as pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse (Sec. 3 & 5) Used as a justifying circumstances No criminal or civil liability

Should be determined through the assistance of psychiatrists / psychologists (Secs. 26 & 32) 10. OTHER FEATURES

Provides for a prescriptive period from 10-20 years (Secs. 24 & 9) Defines VAWC as public crime (Sec. 25) Custody of minor children should be given to the woman even if she is suffering from Battered Woman Syndrome (Secs. 28 & 6)

_____________ Prepared by Paulina Lawsin-Nayra for the Kananga Womens Assembly on November 20, 2012 in Kananga, Leyte.

http://captainbarangay.wordpress.com/laws/anti-violence-against-women-and-their-children-act-ra9262/

Anti-Violence Against Women and Their Children Act (RA 9262)


What is Republic Act No. 9262?
RA 9262 is the Anti-Violence Against Women and Their Children Act of 2004. It seeks to address the prevalence of violence against women and children (VAWC), abuses on women and their children by their partners like:

Husband or ex-husband Live-in partner or ex-live in partner Boyfriend/girlfriend or ex-boyfriend/ex-girlfriend Dating partner or ex-dating partner The Act classifies violence against women and children (VAWC) as a public crime.

What is VAWC under the law?


It refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts: Physical violence refers to acts that include bodily or physical harm;

Sexual violence refers to an act which is sexual in nature, committed against a woman or her child. It includes but is not limited to: 1. Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victims body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser; 2. Acts, causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion; 3. Prostituting the woman or her child. Psychological violence refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and marital infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children. Economic abuse refers to acts that make or attempt to make a woman financially dependent. This includes but is not limited to the following: 1. Withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;

2. Deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common; 3. Destroying household property; 4. Controlling the victims own money or properties or solely controlling the conjugal money or properties. Children are those below 18 years of age or those, regardless of age, who are incapable of taking care of themselves (as stated in Republic Act 7610). It includes the biological children of the victim and other children under her care. A dating relationship is one which has a romantic involvement. It means that a relationship existed between a woman and a partner who is abusive or has previously a bused her, whether or not the relationship was formal. Sexual relations refer to a single sexual act which mayor may not result to a bearing of a child.

Who gets protected under the law?

Is VAWC committed by men alone?

The law recognizes the unequal relations of a man and a woman in an abusive relationship where it is usually the woman who is disadvantaged. Thus, the law protects the woman and her children. The victim, the child who is a minor (legitimate and illegitimate), and a person aged 18 years and beyond who doesnt have the ability to decide for herself/himself because of an emotional, physical and mental illness can make full use of the law. Any child under the care of a woman is also protected under the law.

Women can also be liable under the law. These are the lesbian partners/girlfriends or former partners of the victim with whom she has or had a sexual or dating relationship. (Source: Barangay Protection Order RA 9262: A Primer. Department of Interior and Local Government, National Barangay Operations Office, 2004.)

What if the female victim commits violence against her partner?


The law acknowledges that women who have retaliated against their partners or who commit violence as a form of self-defense may have suffered from battered women syndrome (BWS). BWS is a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. (Source: Salient Features: A Guide to Anti-Violence Against Women and their Children [RA 9262]. Philippine Information Agency and National Commission on the Role of Filipino Women, 2004. ) Any victim who suffers from BWS should be diagnosed by a psychiatric expert or a clinical psychologist. This will also help the victim in obtaining a just decision in her case.

What if the male spouse/partner complains about abuses committed by his wife/partner?
He may file a complaint or case under the Revised Penal Code.

What are the penalties for committing VAWC?


If the courts have proven that the offender is guilty of the crime, he may be imprisoned and will be obliged to pay P100,000 to P300, 000 in damages. The length of imprisonment depends on the gravity of the crime.

What can women and children do under the law?


The law allows women and their children to secure barangay protection order and/or temporary or permanent protection order from the courts. They can also file an independent civil action for damages and criminal action for the violation of anti-VAWC Act.

What is a protection order?

It is an order prescribed in the Anti-VAWC Act to prevent further abuse of or violence against a woman and her child. It also provides them relief from said abuse or violence.

Who may file the protection order?


Anyone of the following may also file the protection order in behalf of the victim/s:

Dont be afraid to seek help

Parent or guardian Grandparents Children and grandchildren Relatives (aunts, uncles, cousins, in-laws) Local officials and DSWD social workers Police Lawyers Counselors Therapists Health care providers (nurses, doctors, barangay health workers) Any two people who came from the city or municipality where VAWC happened and who have personal knowledge of the crime.

Counseling and Referral Services Department of Social Welfare and Development (DSWD) Crisis Intervention Unit (CIU) Rehabilitation Unit Tel No.: Social Protection Unit Tel No.: KALAKASAN Telefax: (02) 7355555 email: kalakasan@gmail.com Medical and Health Services Womens Crisis Center Women and Children Crisis Care & Protection Unit East Avenue (02) 7348635 (02) 9319133, 9322573

Medical CEnter (WCCCPU-EAMC) Tel Nos.: (02) 9267744, 9225235 Philippine General Hospital (PGH) Womens Desk Tel Nos.: (02) 5242990, 5218450 loc 3072, 3816 Legal Assistance Public Attorneys Office Tel Nos.: (02) 9299010, 9299436 to 37 Fax Nos.: (02) 9276810, 9262878 Law Enforcement Agencies Philippine National Police (PNP) Women and Childrens Concern Division (WCCD) Tel No.: (02) 7230401 loc 3480 Call or text 117 (PATROL 117) National Bureau of Investigation (NBI) Violence Against Women and Childrens Division (VAWCD) Tel Nos.: (02) 5238231 loc 3403, 5256028 Source: NCRFW Brief on Republic Act 9262

www.slideshare.net/pflcw/violence-against-women-issues-an - on erns

vawc.rutgers.edu

dswp.org.ph/reading-materials/laws-on-women/anti-vawc-act-ra-9262/

manilastandardtoday.com/2013/08/.../the-anti-vawc-law-is-constitutional/

www.pcw.gov.ph/focus-areas/violence-against-women/.../iacvawc

www saligan org o s strengt ening

responses women p

www.scribd.com/doc/34555789/Issues-on-Anti-VAWC

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