How the Philippine Commission on Women Transformed the Republic of the Philippines Sexual Harassment Laws.

By: Lauren Marshall

On July 23, 2018, The Republic of the Philippines passed Republic Act No. 11313, known as the “Safe Spaces Act.”[1] Led by the Philippine Commission on Women,[2] this Act defines “gender-based sexual harassment in streets, public spaces, online, workplaces, and educational or training institutions,” and provides protective measures and penalties.[3] The Act states that “[i]t is the policy of the State to value the dignity of every human person and guarantee full respect for human rights.”[4] In an effort to value diversity and promote equality, the Act’s purpose is to “recognize the role of women in nation-building and ensure the fundamental equality before the law of women and men.”[5] Additionally, the Act specifically recognizes that “both men and women must have equality, security and safety not only in private, but also on the streets, public spaces, online, workplaces and educational and training institutions.”[6] The Act defines many sexually harassing activities such as “catcalling,” “gender-based online sexual harassment,” and “stalking,” and continues to explain protocol for a variety of gender-based sexually harassing situations.[7] “The new law also requires establishments to immediately contact with local police authorities immediately after gender-based sexual harassment is reported. This law represents a push towards equality and safety in the Philippines.”[8]

By passing this prolific Act, the Philippines became one of the first countries to penalize gender-based sexual harassment.[9] As gender-based sexual crimes have increased drastically in developed countries,[10] it is no surprise that many countries have attempted to find various ways of create a safer environment against sexual assault and harassment. Ironically, Philippines President Rodrigo Duterte signed the “Safe Spaces Act” into law, “penalizing a range of acts of sexual harassment including catcalling, wolf-whistling and persistent telling of sexual jokes, which pro-women’s groups have accused him of committing.”[11] Regardless, in the wake of the #metoo movement, among other campaigns to help achieve gender equality and bodily autonomy, the law has been cited as “a “massive victory” against a growing culture of rude sexist actions.”[12]

Those in violation of the Safe Spaces Act could face up to six months in jail and a fine of up to $9,750.[13] Although the law itself has been considered as a massive victory of the relentless work by various women’s groups, there remains some concern about how ferociously the law will be implemented.[14] President Duterte himself was “the single most brazen violator of the law’s intent.”[15] After the President himself has repeatedly made headlines regarding his misogynistic and sexist comments, implementing the law will certainly prove to be a challenge.[16]

Aside from President Duterte’s brash and unfiltered comments, the new law states that it is their policy to value the dignity of every human and to guarantee complete respect of their human rights.[17] While the Safe Spaces Act is a landmark piece of legislation, the Gabriela Women’s Party appropriately reminds us all that a law is only as good as it is applied to everyone, including the president.[18] The Gabriela Women’s Party wrote, “He is the chief propagator of a culture that degrades and objectifies women, and that which exhorts cat-callers, sexual offenders and even uniformed personnel to disrespect women. Under this context, implementing the law will certainly be a challenge.”[19]

While there may be concerns about implementing the law, the Safe Spaces Act successfully addresses a major issue. The Safe Spaces Act attempts to bridge the gap in the legal framework where there were initially only minor protections against sexual harassment in the workforce.[20] It recognizes that harassment does not simply just occur in the workforce but in public spaces as well.[21] It is estimated that more than one-third of the world’s countries do not have any sort of legal protections for women against harassment.[22] Legal gaps in sexual harassment and discrimination laws leave as many as 424 million working-age women with no legal recourse.[23] Nearly 235 million working-age women have no legal protection at all.[24] With the tireless efforts of many Filipino Women’s Groups, it can be anticipated that the Safe Spaces Act will help bridge the gap between sexual harassment in the workplace and in public spaces for many countries. The Safe Spaces Act specifically defines prominent instances of sexual harassment experienced on a daily basis.[25] Having adequate laws that protect against sexual harassment and gender inequality is an important first step. The Safe Spaces Act attempts to be the steppingstone for a safer and more respectful environment for women in the Philippines. By bridging the legal gap and specifically defining instances of harassment, the Safe Spaces Act proves to be a promising piece of legislation for women’s strive for equality.

#BlogPost #Philippines #MeToo #LaurenMarshall

[1] An Act Defining Gender-Based Sexual Hararssment in Streets, Public Spaces, Online, Workplaces, and Educational or Training Institutions, Providing Protective Measures and Prescribing Penalties Therefor, Rep. Act No. 11313, § 1 O.G. (July 23, 2018) (Phil.) [hereinafter Safe Spaces Act].

[2] Safe Spaces Act IRR Signed, Philippine Commission on Women (Oct 30, 2019, 9:57 AM), https://www.pcw.gov.ph/article/safe-spaces-act-irr-signed.

[3] Safe Spaces Act.

[4] Id. at § 2.

[5] Id.  

[6] Id.

[7] Id. at § 2(a), (e), (h).

[8] Keegan Boyle, Philippines President Signs Bill Prohibiting Sexual Harassment, JURIST (July 16, 2019, 1:09 PM), https://www.jurist.org/news/2019/07/philippines-president-signs-bill-prohibiting-sexual-harassment/.

[9]  See Jody Heymann & Rachel Vogelstein, Commentary: When Sexual Harassment is Legal, FORTUNE (Nov. 17, 2017), https://fortune.com/2017/11/17/sexual-harassment-legal-gaps/.

[10]  See id.

[11] Jim Gomez, Philippine Leader Signs Law Punishing Sexual Harassment, AP News (July 15, 2019), https://apnews.com/f90f0a6982be46e8b42975e0d115da70.

[12] Id.

[13] Duterte Signs Philippine Law Against Public Sexual Harassment, BBC (July 16, 2019), https://www.bbc.com/news/world-asia-48999706.

[14] Id.

[15] Id. (internal quotations omitted).

[16] Id.

[17] Sareena Dayaram, Duterte Will be ‘First to Obey’ New Sexual Harassment Law, Palace Says, CNN (July 17, 2019, 4:53 AM), https://www.cnn.com/2019/07/17/asia/anti-sexual-harrassment-law-philippines-hnk-intl/index.html.

[18] Gabriela Women’s Party (@GabrielaWomenPL), Twitter (July 15, 2019, 9:45 PM), https://twitter.com/GabrielaWomenPL/status/1150944602439839745?s=20.

[19] Id.

[20] Safe Spaces Act IRR Signed, supra note 2.

[21] Id.

[22] Heymann & Vogelstein, supra note 9.

[23] Id.

[24] Nearly 235 Million Women Worldwide Lack Legal Protections From Sexual Harassment at Work, SocialWork https://www.socialworktoday.com/news/dn_111317.shtml (last visited Dec. 29, 2019).

[25] See Safe Spaces Act.