Vertido vs Philippines

Gender Based Myth and Stereotype

1. A rape victim must try to escape at every opportunity

2. To be raped by means of intimidation, the victim must be

timid or easily cowed

3. To conclude that a rape occurred by means of threat,

there must be clear evidence of a direct threat

4. The fact that the accused and the victim are “more than
nodding acquaintances” makes the sex consensual
Gender Based Myth and Stereotype

5. When a rape victim reacts to the assault by resisting the

attack and also by cowering in submission because of
fear, it is problematic

6. The rape victim could not have resisted the sexual attack
if the accused were able to proceed to ejaculation

7. It is unbelievable that a man in his sixties would be

capable of rape
Violations:

 Right to an effective remedy (art. 2(c))

“To establish legal protection of the rights of women on an

equal basis with men and to ensure through competent
national tribunals and other public institutions the effective
protection of women against any act of discrimination;“
Violations:

 Freedom from Wrongful Gender Stereotyping

(arts. 2(f) and 5(a))

“To take all appropriate measures, including legislation, to modify

or abolish existing laws, regulations, customs and practices
which constitute discrimination against women”

“To modify the social and cultural patterns of conduct of men and
women, with a view to achieving the elimination of prejudices
and customary and all other practices which are based on the
idea of the inferiority or the superiority of either of the sexes or
on stereotyped roles for men and women”
Recommendations:

Having found violations of articles (2)(c), 2(f) and 5(a)

of CEDAW, the CEDAW Committee called on the
Philippines to provide appropriate compensation to Ms
Vertido. It also made a number of general
recommendations aimed at redressing the systemic
nature of many of the violations. These included
taking effective steps to ensure that decisions in
sexual assault cases are impartial and fair and not
affected by prejudices or stereotypes.
 Republic Act 9710
Magna Carta of Women
Comprehensive women's human rights law that seeks to
eliminate discrimination through the recognition, protection,
fulfillment and promotion of the rights of Filipino women,
especially those belonging in the marginalized sectors of
the society.

Basis: International Law

Establishes the Philippine government’s pledge of
commitment to the CEDAW

It is the local translation of the provisions of the CEDAW

Particularly in defining
- gender discrimination,
- state obligations,
- substantive equality, and
- temporary special measures

Recognizes human rights guaranteed by the international

Covenant on Economic, Social and Cultural Rights
(ICESCR)
SALIENT FEATURES:

 Increasing the number of women in third level

positions in government to achieve a fifty-fifty (50-50)
gender balance within the next five years while the
composition of women in all levels of development
planning and program implementation will be at least
40 percent

 Leave benefits of two (2) months with full pay based

on gross monthly compensation for women employees
who undergo surgery caused by gynecological
disorders, provided that they have rendered
continuous aggregate employment service of at least
six (6) months for the last twelve (12) months
 Non-discrimination in employment in the field of
military, police and other similar services that include
according the same promotional privileges and
opportunities as their men counterpart, including pay
increases, additional benefits, and awards, based on
competency and quality of performance.

 Provision for equal access and elimination of

discrimination in education, scholarships, and training.
Thus, "expulsion, non-readmission, prohibiting
enrollment, and other related discrimination of women
students and faculty due to pregnancy out of marriage
shall be outlawed.
 Non-discriminatory and non-derogatory portrayal of
women in media and film to raise the consciousness of
the general public in recognizing the dignity of women
and the role and contribution of women in family,
community, and the society through the strategic use
of mass media

 Equal status given to men and women on the titling of

the land and issuance of stewardship contracts and
patents.
Responsibility of the Government

 Development and implementation of laws, policies, regulatory

instruments, administrative guidelines, and other appropriate
measures

 Establishment of mechanisms to promote the coherent and

integrated implementation of the MCW and other related laws
and policies

 Adopt gender mainstreaming as a strategy for implementing the

MCW and attaining its objectives
It also mandates:

(a) planning, budgeting, monitoring and evaluation for

gender and development,

(b) the creation and/or strengthening of gender and

development focal points, and

(c) the generation and maintenance of gender statistics

and sex-disaggregated databases to aid in planning,
programming and policy formulation
 Responsible Parenthood and
Reproductive Health Act of 2012
 Aims to empower the Filipino people, especially
women and youth, through informed choice and age-
and development- appropriate education.

 Guarantees access to information, facilities and

services most especially for the poor by ensuring
stable and sustainable reproductive health programs
are in place through partnerships between national
and local governments in collaboration with CSOs,
basic sectors, academe and private sector.
Responsible Parenthood (RP)

The will and ability of parent(s) to respond to the needs

and aspirations of the family and children
Reproductive Health (RH)

A state of complete well-being in matters relating to one’s

sexual and reproductive life

-it implies that men and women attain equal

relationships in matters related to sexual relations and
reproduction. (RA 10354 Section 4s)
Guiding principles that govern the RP-RH
Law

Rooted on the human rights of all persons including:

- right to equality and nondiscrimination,
- right to sustainable human development,
- right to health including RH
- right to education and information, and
- right to choose and make decisions for themselves
in accordance to their religious convictions, ethics,
cultural beliefs and the demand of responsible
parenthood
In particular, the law upholds and guarantee the following
principles:

 The right to make free and informed decisions of every

person particularly couples, adult individuals, women
and adolescents including preference and choice for FP
methods, determination of ideal family size;

 The provision of effective and quality RH care services

by the state that will lead to universal access to
affordable and quality RH care and services;

 The provision of truthful information and education on

RH; and

 The preferential access to the poor and the

marginalized.
Salient Features
 Enhanced Service Delivery Networks (SDN) through
facility mapping and population matching with facilities;
 Provision of mobile health clinics in GIDAs;
 Improved PhilHealth coverage of RH services;
 Ensured supply of RH commodities particularly in the
procurement and distribution of FP supplies;
 Hiring and training of skilled health professionals;
 National and local government cooperation in
implementation;
 Participation of the Private Sector, Academe, Basic
Sector and CSOs; and
 Continuous monitoring and review of programs.
 Strengthening of informed choice and voluntarism
leading to an understanding of the full range of
services;

 Availability of RP and RH information through health

promotion and communication campaigns and
consultations; and

 Development of age- and development- appropriate

education