FCH 250.

2
Gender-Sensitive Health Care Trans 02 Exam 1
Anthony G.H. Cordero, MD 10/27/2020

II. GENDER-BASED LAWS & POLICIES

OUTLINE ● Law: “Hindi tayo nakikiusap. Sumunod ka!”
● Sexual harassment depends on the perception of the victim
I. Review of Gender Concepts (how the victim perceives harassment establishes the grounds of
harassment)
II. Gender-Based Laws ● It includes Intimate Partner Violence
o Intimate partners include: Your current spouse,
A. VAW Desks girlfriend/boyfriend, ex, or someone you had sex with

B. Magna Carta of Women A. Guidelines in the Establishment of a VAW Desk in Every

C. Anti-Violence Against Children and Women Act
D. UP Anti-Sexual Harassment Code
Italicized text was not discussed in class. Order of discussion is
different from the flow of this trans but in the TG’s opinion, the old
flow made more sense logically.
I. REVIEW OF GENDER CONCEPTS
 Sex is biological
o The physical or biological differences between male and
females
 Gender is a social construct
o The roles, obligations, traits, attitudes, characteristics,
expectations, and opportunities that are attached or placed on
a male or female in a particular place, society, or time
o Influenced by:
 Schools
 Friends
 Family
 Religion
 Media
 Gender is fluid because it was constructed by society
o It can thus be challenged
o It can be changed over time
 Selected examples of social constructs (not just gender) that have
been changed:
o Number of countries that will qualify for the FIFA World Cup
Final Tournament
o Transwoman member of the House of Representatives
o Admitting women at the ADMU and DLSU
o Admitting men at the Centro Escolar University
o Admission policies on the 50-50 female:male ratio
o The PBA used to have a play-off for 3 rd place as Game 1 with
the Finals as Game 2 each night
o Masteral degree for the Doctors to the Barrios
o Decentralized health care system of the Philippines
o Obamacare in the USA
o Names of typhoons
o Traditional curriculum to OSI
o Shift to Outcome Based Education
o Changes because of the UHC Act (RA 11223)
o Changes because of the Doktor Para Sa Bayan Act
 Bold examples are important for us according to sir because we
will reach these changes in our early practice
 Key takeaway: gender is a determinant of health!
o Tobacco use, unsafe sex practices, alcohol use, education,
employment, income, access to care, etc. may be influenced
by gender!
Barangay (Joint Memorandum Circular No. 2010-2)
VAW Desk
● A facility that addresses VAW cases in a gender-responsive
manner, managed by a person designated by the punong
barangay
Establishment of the VAW Desk
● The punong barangay shall designate an area within the
barangay hall for the VAW desk, and provide for the necessary
furniture and fixtures in the running thereof
● They should also designate a VAW desk person who is trained in
the gender-sensitive handling of cases – preferably a woman
barangay kagawad or woman barangay tanod
Functions of the Barangay VAW Desk
● Respond to gender-based violence cases brought to the
barangay
● Record the number of gender-based violence handled by the
barangay and submit a quarterly report on all cases of VAW to the
DILG City or Municipal Field Office, and the City or Municipal
Social Welfare Dev’t Office
● Keep VAW case records confidential and secure, and ensure
that only authorized personnel can access it
● Assist victims of VAW in securing Barangay Protection Orders
(BPO) and access necessary services
● Develop the barangay’s gender-responsive plan in addressing
gender-based violence, including support services, capacity
building, and referral system
● Coordinate with and refer cases to government agencies, non-
government organizations, institutions, and other service
providers as necessary
● Address other forms of abuse committed against women,
especially senior citizens, women with disabilities, and other
marginalized groups
● Lead advocacies on the elimination of VAW in the community
Protocol in handling VAW cases: The punong barangay or in
their absence the kagawad concerned or on duty should take
immediate action upon being informed of a violent incident, and
is mandated to issue a BPO on the date of filing after ex parte
determination of the bases of application. ALL FORMS of
amicable settlement such as mediation, settlement, conciliation,
and arbitration shall NOT apply to cases of VAWC. (Great risk of
further + worse harm to come to the victim).
Options for reporting:
1. Barangay VAW desk
2. PNP VAWC desk
3. Local health center women’s desk
4. PGH women’s desk
B. Magna Carta of Women (RA 9710) - Highlights
● All government personnel involved in the protection and defense
of women against gender-based violence shall undergo a

Transers: Rayco & Raymundo Annotated by: Medina, M., Medina P., Mendoza J.
 FCH 250.2 Rights-Based Approach to Dev’t & Gender-Sensitive Health Care
mandatory training on human rights and gender sensitivity
pursuant to this act
● Empowerment within the civil service – within the next five
years, the number of women in third level positions in government
shall be incrementally increased to achieve a 50:50 gender
balance
● Development councils and planning bodies – to ensure the
participation of women in all levels of development planning and
program implementation, at least 40% of the membership of all
developmental councils shall be composed of women
● Bawal i-expel ang student o teachers na buntis na hindi kasal
● Bawal i-perpetuate ang gender stereotypes in textbooks
C. Anti-Violence Against Women and Children Act of 2004
(RA 9262)
● Republic Act formed due to the concept of equity – as women
and their children more often face far graver consequences as a
result of harm from their intimate relations these crimes are
classified as VAWC rather than assault
o Assault: violence against any person in which, in the case of
women victims, the perpetrator is not an intimate relation
(e.g., random passerby steals a woman’s bag and ends up
pushing her to the ground as a result 🡪 theft + assault)
o This is in contrast to VAWC (e.g., random passerby just so
happens to be someone the woman had a one-night stand with
in the past)
Key takeaway:
RA 9262 (VAWC Act of 2004) APPLIES ONLY TO INTIMATE
PARTNERS.
Random boys pushing random girls in the canteen: not VAW, but
assault
Boyfriend slapping girlfriend: VAW
● It seeks to address the prevalence of violence against women
and children (VAWC), and abuses on women and their children
by their intimate partners – past or present
o Husband
o Live-in partner
o Boyfriend/girlfriend
o Dating partner/Ex-dating partner
o Family members (until 2º only)
o Sex partners
VAWC includes but is not limited to the following acts:
● Physical Violence
● Sexual Violence
o 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 victim’s
sexual parts, etc.
o Acts causing or attempting to cause the victim to engage in
any sexual activity by force, threat of force, physical or other
harm or coercion
o Prostituting the woman or her child
● Psychological violence
o Any acts or omissions causing or likely to cause mental or
emotional suffering
● Economic abuse: acts that make or attempt to make a woman
financially dependent
o Withdrawal of financial support or prevention from engaging
in any legitimate profession, occupation, business, or activity
o Deprivation or threat of deprivation of financial resources
and the right to the use and enjoyment of conjugal or
community property
o Destroying household property
o Controlling victim’s own money or properties, or solely
controlling conjugal money or properties
● NOTE: Usually, only physical violence is considered by the
barangay officials.
Transers: Rayco & Raymundo
o Some barangay officials don’t believe rape is possible in an
intimate relationship.
o Psychological violence and economic abuse are easily
brushed over by barang officials
● VAWC is not committed by men alone
o Women can also be liable under the law, particularly in the
case of lesbian partners/girlfriends or former partners of the
victim with whom she has or had a sexual or dating
relationship
o 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)
o Scientifically defined pattern of psychological and behavioral
symptoms found in women living in bettering relationships as a
result of cumulative abuse
o Victims suffering from BWS should be diagnosed by
psychiatric expert
o The law does not allow the offender do have custody of minor
children; care is still entrusted to the women even if she is
found to have BWS
● 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, so this is the counterpart protective law for
males
Penalties for committing VAWC
● Offender may be imprisoned, obliged to pay Php 100k to 300k in
damages
● Offender is obliged to undergo psychological counseling or
psychiatric treatment
Protection Orders
● Sec. 8 Protection Orders – a protection order is an order issued
under this act for the purpose of preventing further acts of
violence against a woman or her child specified in Section 5 of
this Act and granting other necessary relief. The relief granted
under a protection order serves the purpose of safeguarding the
victim from further harm, minimizing any disruption in the
victim’s daily life, and facilitating the opportunity and ability of the
victim to independently regain control over her life. The
provisions of the protection order shall be enforced by law
enforcement agencies (barangay captain/officer-in-charge).
● Sec 9. Who may file for Protection Orders – A petition for a
protection order may be filed by any of the following:
o The offended party
o Parents or guardians of the offended party
o Ascendants, descendants, or collateral relatives within the
fourth civil degree of consanguinity or affinity
o Officers or social workers of the DSWD or social workers of
local government units (LGUs)
o Police officers, preferably those in charge of women and
children’s desks
o Punong barangay or barangay kagawad
o Lawyer, counselor, therapist, or healthcare provider of the
petitioner (med students are considered healthcare
providers!)
o At least (2) concerned responsible citizens of the city or
municipality where the violence against women and their
children occurred and who has personal knowledge of the
offense committed.
● Sec. 27 Prohibited Defense – Being under the influence of
alcohol, any illicit drug, or another mind-altering substance shall
NOT be a defense under this Act (you’re still accountable)
Sec. 31 Healthcare Provider Response to Abuse
● According to 2022, MEMORIZE!
● Any of the healthcare providers, including but not limited to, an
attending physician, nurse, clinician, barangay health worker,
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 FCH 250.2 Rights-Based Approach to Dev’t & Gender-Sensitive Health Care
therapist, or counselor, who suspects abuse or has been
informed by the victim of violence shall:
o Properly document any of the victim’s physical, emotional, or
psychological injuries.
o Properly record any of the victim’s suspicions, observations,
and circumstances of the examination or visit.
o Automatically provide the victim free of charge a medical
certificate concerning the examination or visit.
o Safeguard the records and make available to the victim upon
request at actual cost, and
o Provide the victim immediate and adequate notice of rights
and remedies provided under this Act, and services available
to them.
Sec. 35 Rights of Victim
● According to 2022, Memorize! (Acc to 2023: This is the most
important part daw!!!)
● In addition to their rights under existing laws, victims of violence
against women and their children shall have the following rights:
o To be treated with respect and dignity
o To avail of legal assistance from the PAI of the Dept of
Justice (DOJ) or any public legal assistance office
o To be entitled to support services from the DSWD and LGUs
o To be entitled to all legal remedies and support as provided
for under the Family Code
o To be informed of their rights and the services available to
them including their right to apply for a protection order
Additional Notes:
● Office of Anti-Sexual Harassment (OASH) - where to report
sexual harassment in the UP system
● Women’s Desk of PNP – where to report abuse against women
● If violence against women occurs, report to:
o Barangay captain. Barangay captain should not solve
VAWC cases. The barangay captain might assume that it is
his duty to resolve the argument (because they are usually
mandated to resolve other petty arguments in their barangay)
but THIS IS NOT THEIR JOB. They (victim) must request for a
protection order. If barangay captain meddled with the problem
and tried to resolve it, report this to the women’s desk.
o In the context of nearby communities, they can report to their
barangay. If not, they can report to the health center (Fabella).
If not, they can report to the women’s desk at the Manila Police
District. Last resort is they can report to the women’s desk at
PGH
o VAW desk person must be aware of the rights of victims
(Sec. 35 above)!
● If violence against children occurs, report to:
o Barangay captain. Barangay captain should not solve it. They
(victim) must request for a protection order. If barangay captain
meddled with the problem and tried to resolve it, report to
women’s desk.
o DSWD
o Barangay council for the protection of children
D. UP Anti-Sexual Harassment Code
● Approved by the UP BOR on January 26, 2017
● For filing of case, only the perception of the victim counts. But the
accused will be able to explain his side where a council will look
for probable cause.
Section 1. Declaration of Policy
The University values and upholds the dignity of every
individual and guarantees the full respect for human rights of all
members of the UP community
All forms of sexual harassment are unacceptable.
Transers: Rayco & Raymundo
To this end, the University shall maintain an enabling, gender-
fair, safe and health learning and working environment for the
members of the UP community.
Section 2. Policy Standards and Guidelines on Sexual
Harassment
In furtherance of the Declaration of Policy in Section 1 hereof, the
following standards and guidelines shall be observed by the
University:
A. The Code shall apply to all teaching and non-teaching
personnel, and students of the University.
B. Sexual harassment is a repregensible conduct which subverts
the mission of the University and undermines the dignity of the
UP community. The University shall undertake measures to
prevent and eliminate sexual harassment.
C. All reported incidents or cases of sexual harassment, including
incidents between member/s of the UP community and partner
entities, shall be appropriately acred upon by the University
D. The University shall provide appropriate services to parties to
sexual harassment cases.
E. Retaliation,in any form, against persons directly or indirectly
involved in any incident report or case involving sexual
harassment, shall be a ground for disciplinary action.
Section 5. Sexual Harassment Defined
According to 2022, MUST-KNOW!
● Sexual harassment is unwanted, unwelcome, uninvited behavior
of sexual nature or inappropriate sexual advances or offensive
remark about a person’s sex, sexual orientation, or gender
identity.
● It is an act, which may be committed physically, verbally, or
visually with or without the use of information communication
technology.
● Sexual harassment may be a demand or request for sexual favor
by a person of authority, influence or moral ascendancy in
exchange for appointments, grants, grades, or favors, or set as
terms and conditions for appointments, grants, grades or favors
regardless of whether such act or series of acts are accepted by
the offended party.
● It may be committed inside UP premises; or outside UP
premises in a work, education, research, extension, or related
activity.
● Sexual harassment under this Code may include, but is not
limited to, cases involving abuse of authority or power,
ascendancy, influence such as in a teacher-student, senior
faculty-junior faculty, health worker-patient or healthcare provider-
client relationship; cases involving peer relationships such as
faculty-faculty, employee-employee, or student-student relations,
or cases involving harassment of teaching or non-teaching
personnel by students, or cases involving harassment of
supervisors by subordinates.
● The Code contemplates cases of harassment involving
persons of the same or opposite sex, regardless of sexual
orientation, gender identity and expression.
● Where the act/s of sexual harassment are shown to be
organization-related or organization-based the liability for sexual
harassment shall extend to the officers of the organization, who
are registered students during the commission of the offense, and
the organization itself.
Additional notes: Only the UP system has an anti-sexual
harassment policy that works in “all directions” such that any case
against any UP personnel is valid. This goes directly against RA
7877 which defines sexual harassment as harassment done by a
person in authority to a subordinate. Historically, RA 7877 has been
cited as a defense when UP tried to prosecute certain students for
sexual harassment.
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 FCH 250.2 Rights-Based Approach to Dev’t & Gender-Sensitive Health Care
Example: A high ranked official (Chancellor) can file a complaint ● Suspension for 1 semester or less may be converted and served
against a lower ranked official (student). Something that is invalid in for a like period in community service
national court as per RA 7877.
Section 25. Prescriptive Period
Section 7. Classification of Acts ● All complaints for sexual harassment shall be filed with the OASH
According to 2022, MEMORIZE! within 4 years from the commission of the act complained of.
(a) Light Offenses
1. Surreptitiously looking or stealing a look at a person’s private Given a situation: A post-valentine party was held by an organization
parts or underclothing where a game was done and a member was harassed.
2. Malicious leering or ogling The organization will be held accountable.
3. Sexual flirtation or persistent unwanted attention with sexual At least 3 persons can be sued (Perpetrator, Block head, Org chair)
overtones
4. Inquiries or comments about a person’s sex life and gender
orientation Sending “green” jokes is an act of sexual harassment.
5. Communicating sexist/smutty remarks causing discomfort,
embarrassment, offense, or insult to the receiver
6. Display of sexually offensive pictures, materials, or graffiti  E. Gender Sensitive Services
7. Other analogous cases Features (*most difficult)
● People-centered (patient or population group)
Section 22. (b) Corrective measures for students: ● People-empowering (patient or population group)
1st offense: Reprimand or community service not exceeding 30 ● Non-judgmental*
hours ● Non-blaming*
● Facilitative
2nd offense: Suspension not exceeding 1 semester ● Supportive
3rd offense: Expulsion ● Sensitive to persons’ feelings and situations
● Provides informed choices
(b) Less Grave Offenses ● Ensures confidentiality and privacy
1. Verbal and/or non-verbal abuse with sexual overtones, ● Respect the person’s dignity
including but not limited to, offensive hand or body gestures; ● Uses gender fair language
2. Derogatory or degrading remarks or innuendoes directed
toward the opposite or one’s sex, sexual orientation or gender By studying, we develop the ability to be supportive the most.
identity; Support is more than just being supportive in the emotional sense.
3. Touching or brushing against a victim’s body; We also need to develop technical support in our studies.
4. Pinching that does not fall under grave offenses;
5. Sexual advances or propositions; and F. Gender Mainstreaming Within an Institution
6. Other analogous cases A. Sex diasaggregate the data in all research works or in any
data gathering activity
Section 22. (b) Corrective measures for students: ● Population should always represent both sexes
1st offense: Community service of 60 hours
2nd offense: Suspension for 1 semester to 1 year B. Magtalaga ng gender focal person sa lahat ng mga units o
3rd offense: Expulsion teams
● Sisiguraduhin niya na nakapasok ang gender responsiveness sa
lahat ng aspeto ng programa
(c) Grave Offenses C. Gender and Development Plans (GAD Plans)
1. Touching or groping of private parts such as the breast, ● See end of Trans for table
genitalis, or buttocks;
2. Forced kissing;
D. Use of Gender Fair Language
3. Requesting favor in exchange for employment, promotion, local
● What is sexism in language?
or foreign travels, favorable working conditions or assignments,
o Use of language which devalues members of one sex,
a passing grade, the granting of honors or scholarship, or the
grants of benefits or payment of a stipend or allowance; almost invariably women, and thus fosters gender inequity
o Discriminates against women by rendering them invisible or
4. Attempted or consummated unwanted sexual intercourse or
trivializing them at the same time it perpetuates notions of male
torture of the person in a sexual manner;
supremacy
5. And other analogous cases.
● Why the concern with mere words:
o Language articulates consciousness
Section 22. (b) Corrective measures for students: o Language reflects culture
1st offense: Suspension for 1 academic year to expulsion o Language affects socialization
● Kinds of sexist language and alternatives
Section 15. Where to File o Mankind - human beings, humanity
● The report/complaint may be filed with the CU OASH where the o Forefather - ancestor
incident was committed, or in the CU OASH selected by the o Man -  human being, individual
aggrieved party, if parties are from different CUs. o layman - lay person, non-specialist
o manpower - human resources, staff, personnel, labor force
Section 22. (d) Corrective measures for student organizations o man-made - synthetic, artificial, manufactured
● Shall range from a minimum of suspension of privileges and o man in the street - average person, ordinary person
recognition for 1 semester to a maximum of non-recognition as ● Terms ending in man to refer to functions that can be performed
the gravity of the circumstances shall warrant. by individuals of either sex
o chairman - chair

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 FCH 250.2 Rights-Based Approach to Dev’t & Gender-Sensitive Health Care
o businessman - business executive, retailer, manager, business  Don’t these policies go against the adage that we are supposed to
owner be “innocent until proven guilty”?
o cameraman - camera operator, cinematographer, o If you are accused of harassment, the OASH will conduct an
photographer investigation and get the side of the accused as well.
● Language that fosters unequal gender relations (ALWAYS
REMEMBER THIS) SAMPLE QUESTIONS FROM 2021 TRANS
o Man and wife – husband and wife When you see a patient and their partner, always make sure to
o Dr & Mrs Noah Thorpe – Dr. Marve Jimenez – Calderon & Dr. note the following: 
Noah Calderon 1. Bruises on the patient’s neck, face, wrist
o President Bush and Mrs Aquino (1987) – President Aquino and 2. Bruises on various stages of healing
President Bush 3. Inconsistent history and physical examination findings
o Mr & Mrs Ricky Dandan – Ms Lorna Gamboa & Mr Ricky 4. Other partner is the one who answers the questions
Dandan 5. Other partner doesn’t want to leave the partner’s side even if it
● In a series of names, it’s best to just follow alphabetical order in is to buy medicine
order to be fair.

SUMMARY
● Everyone has rights and we are in the unique position to be duty-
bearers while being rights-holders
● Sexual harassment is when you say it is
● Violence against women is about power
● Task-based training of HRH (which includes you)
ANSWERS TO Q & A
 Can the victim of VAW refuse to file a case?
o Yes. And if she refuses, walang magagawa.
 Are transwomen included in the coverage of VAW?
o The law is silent. The recommendation is to just file a case and
let the courts decide later (set a precedent).
REVIEW:
1. Saan ire-refer ang intimate partner violence survivor na
nakita sa UP-PGH? – Women’s Desk ng PGH
2. Saan ire-refer kung na-encounter mo sa community (City
of Manila)? – Barangay Captain/VAW desk/OIC/PNP
desk
3. Sino uli ang covered ng batas (RA 9262)? – Intimate
Partners
4. Ano uli ang 4 na mga uri ng intimate partner violence? –
Physical, Sexual,
Emotional/Social/Verbal/Psychological/Mental,
Economic/Financial
END OF TRANS

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