CULTURAL PRACTICES AND SEXUAL VIOLENCE

Some cultural practices may be considered as forms of sexual violence. Forcing to become child
bride a cultural practice that can be classified as sexual violence. Female genital mutilation also
falls under this category because it specifically involves acts that harm a person’s sexual organ.
While one can argue that these practices are cultural and sometimes considered sacred, they
may be harmful to women and is, therefore, a form of violence.

CHILD BRIDE OR CHILD MARRIAGE

Child Marriage

- refers to any formal marriage or informal union between a child under the age of
18 and an adult or another child.
-it is often the result of entrenched gender inequality, making girls
disproportionately affected by the practice. Globally, the prevalence of child
marriage among boys is just one sixth that among girls.

-it robs girls of their childhood and threatens their lives and health. Girls who marry
before 18 are more likely to experience domestic violence and less likely to remain in
school. They have worse economic and health outcomes than their unmarried peers,
which are eventually passed down to their own children, further straining a country’s
capacity to provide quality health and education services.The prevalence of child
marriage has decreased worldwide, from one in four girls married a decade ago to
approximately one in five today, the practice remains widespread. Before the covid-19
pandemic, more than 100 million girls were expected to marry before their eighteenth
birthday in the next decade. Now, up to 10 million more girls will be at risk of becoming
child brides as a result of the pandemic.

Child Brides

-are unable to give consent because they are married off a children and do not fully
understand the circumstances they are placed in due to lack of maturity or experience.
Although younger than 18 years, they are often forced to have sexual encounters with
men who are much older than them. These condition also lead to numerous health
issues such STD’S and early pregnancy. Teenage pregnancy is dangerous for both the
mother and child as the mother’s body has no fully developed yet.

Child brides often become pregnant during adolescence, when the risk of complications
during pregnancy and childbirth increases, for themselves and their infants. The practice
 can also isolate girls from family and friends and exclude them from participating in their
communities, taking a heavy toll on their physical and psychological well-being. Because
child marriage impacts a girl’s health, future and family, it imposes substantial economic
costs at the national level, too, with major implications for development and prosperity.

ANTI-CHILD MARRIAGE BILL IN THE PHILIPPINES

The Philippine commission on women lauds the passage of the “Girls Not Bride Act” at the
senate and continues to call for its approval into law. Voting 21-0, the chamber approved Senate
Bill No. 1373 which declares child marriages as illegal on November 9, 2020.

The bill defines child marriage as “any marriage entered into where one or both parties
are children (persons below 18 years old), and solemnized in civil or church proceedings, or in
any recognized traditional, cultural or customary manner.”  If enacted into law, a person who
causes, fixes, facilitates, or arranges a child marriage shall suffer the penalty of prison mayor in
its medium period and a fine of not less than P40,000.

Should the perpetrator be an ascendant, step-parent, or guardian of the minor, the penalty will
constitute a 12-year imprisonment, a fine of not less than p50,000, and the loss of parental
authority over the minor. individuals who officiate the child marriage shall also be punished and
fined.

CHILD, EARLY AND FORCED MARRIAGE IN THE PHILIPPINES

In the Philippines, the legal age of marriage under the Family Code is eighteen years old.
however, in some religions and cultures, child marriage is practiced. some allow the marriage of
a female at the age of puberty, which is presumed upon reaching the age of fifteen. other
indigenous peoples permit early marriages, but these may not be registered because the
republic Act No. 8371 or the “Indigenous Peoples Rights Act” provides that fundamental human
rights and freedoms as enshrined in the constitution and relevant international instruments are
guaranteed to indigenous women.

Thus, no provision of the said law must  be interpreted so as to result in the diminution of rights
and privileges already recognized and accorded to women under existing laws of general
application.

Relevant international instruments applicable to indigenous women include the Convention on

the Elimination of all Forms of Discrimination Against Women (CEDAW) and the Convention on
the Rights of the Child (CRC) which were ratified by the Philippines in 1981 and 1990,
respectively and prohibit child marriages. 
The CRC defines a child as every human being below the age of 18. The CEDAW states that the
“betrothal and the marriage of a child shall have no legal effect, and all necessary action,
including legislation, shall be taken to specify a minimum age for marriage and to make the
registration of marriages in an official registry compulsory”. Hence, only indigenous peoples
who are of legal age may enter into a valid marriage.

The passage of the law at the Senate level and the numerous filings of the counterpart
measures at the House of Representatives reflect Congress’ firm resolve to carry out the
implementing rules and regulations of the magna carta of women and uphold our state
commitments under international laws, including the above mentioned CRC and CEDAW.

Senate bill 162 or the "girls not brides act of 2019," aims to protect children by prohibiting and
penalizing child marriages. The bill states that facilitation, solemnization or participation in child
marriages is a public crime, and will be considered a violation of section 10 of the Republic Act
No. 7610, or the special protection of children against abuse, exploitation and discrimination
act, with the penalty of prison mayor in its maximum period and fees up to 50,000 pesos.

Hontiveros said that the Philippines ranks no. 12 in the number of child brides in the world, with
an estimated 726,000 in the country.

She cited a UNICEF study which said that 15% of Filipino girls are married before their 18th
birthday, with 2% married before 15 years old. she mentioned reports that some of the child
brides were discovered to have entered marriage through commercial sex and trafficking, as
well as the infamous mail-order bride industry.

“This is wrong on so many levels. Child marriage is a human rights violation as it undermines the
wellbeing of girls and impedes their personal development. many will likely end up in poverty as
child brides will have limited education and economic opportunities. They also face greater
health risks from dangerous complications in pregnancy and childbirth, contracting HIV/AIDS
and suffering domestic violence. Let our children be children. Let us allow them to grow and
fulfill their full potential. Let us end child marriages’’

-Hontiveros

FEMALE GENETALIA MUTILATION (FGM) OR FEMALE GENITALIA CIRCOMMISSION (FGC)

Female genital mutilation

-also called female circumcision involves the cutting or removal of certain parts
of a woman’s external vagina.
 -its is mostly carried out on girls fifteen years and younger

-it has no known medical benefit to females. in fact, women can be placed in grave
danger due to massive bleeding and infection. They are also at risk of complication during
pregnancy and childbirth. This tradition is still widely practiced because it is believed to keep
women pure and clean before marriage.

SEXUAL HARASSMENT

Sexual Harassment

- is a specific form of sexual violence that occurs outside one’s home. The sexual act
may not be forced or take a physical form. Manipulation, intimidation, and blackmail can be
used to coerce someone into having sex or performing sexual acts.

- it includes a range of actions from verbal transgressions to sexual

abuse or assault

-it can occur in many different social settings such as the workplace, the home, school,
churches, etc. harassers or victims may be of any sex or gender.

Sexual Harassment

- it is a type of harassment involving the use of explicit or implicit sexual

overtones, including the unwelcome and inappropriate promise of
rewards in exchange for sexual favors

- the Philippine Anti-Sexual Harassment Law of 1995 define sexual harassment as the
demand of a sexual acts or favor in an institution, wherein the person who demands the act is
in moral ascendancy or influence over the person being solicited. It is considered harassment
regardless of whether or not the victim agrees to partake in the act. If the woman feels
discomfort or distress during the request, solicitation or act, it is considered harassment.

Sexual Harassment

- in the case of employees, harassment covers actions from their boss, team leader, or
someone who has influence over one’s employment status or permanency, promotion, and the
like

.-for students, sexual harassment covers the teachers, instructor, coach, or trainer
 -can consist of repeated or singular acts that cause the victim(s) to feel uncomfortable
and unsafe. It can be verbal, visual and/or physical.

The UN’s definition of sexual harassment qualifies possible act that are not stated in our local
Anti-Sexual Harassment Acts. The UN women watch an act to be sexual harassment if it
involves:

“ any unwelcome sexual advance request for sexual (favor), verbal or physical
conduct or gesture of a sexual nature, or any other behavior of a sexual nature that might
reasonably be expected or be perceived to cause offence or humiliation to another.’’

An act can be considered harassment if it is creates a hostile environment or interfere with

work, a qualification shared by both the UN and the Anti-Sexual Harassment law OFof 1995. The
definition was expanded such that harassment may occur outside of the institution. It involves
as well unwelcomed behavior. The feeling of harassment is subjective. If a person feels harassed
by an act which may be seen as sexual in content, then the act can be considered sexual
harassment.

Sexual harassment can consist of repeated or singular acts that cause the victim(s) to feel
uncomfortable and unsafe. It can be verbal, visual and/or physical.

Sexual harassment refers to sexually suggestive remarks, or obscene or insulting sounds. it

includes unwelcome and offensive names or terms of endearment such as ‘honey bun’ or
‘boobsy’.

The UN Women Watch has a list of possible acts of sexual harassment. These includes
verbal, physical, and non-verbal incidents. Verbal incidents involves:

 whistling at someone
 cat calling
 making sexual comments about person’s body
 sexual innuendos
 turning work discussions into sexual conversations
 telling sexual jokes or stories
 asking about sexual fantasies, preference, or history asking personal questions about
social or sexual life
 making kissing sounds, howling, and smacking lips
 making sexual comments about s person’s clothing, anatomy, or looks
 repeatedly asking out a person who is not interested; and
  telling lies or spreading rumors about an individual’s personal sex life

REPUBLIC ACT 7877: ANTI-SEXUAL HARASSMENT ACT OF 1995

 AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT,

EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES.
 Section 1. Title. – this act shall be known as the “anti-sexual harassment act of
1995.”
 Section 2. Declaration of Policy. – the state shall value the dignity of every
individual, enhance the development of its human resources, guarantee full
respect for human rights, and uphold the dignity of workers, employees,
applicants for employment, students or those undergoing training,
instruction or education. towards this end, all forms of sexual harassment in
the employment, education or training environment are hereby declared
unlawful.
 Section 3. Work, Education or Training -Related, Sexual Harassment Defined. – work,
education or  training-related sexual harassment is committed by an employer,
employee, manager, supervisor, agent of the employer, teacher, instructor, professor,
coach, trainor, or any other  person who, having authority, influence or moral
ascendancy  over another in a work or training or education environment, demands,
requests or otherwise requires any sexual favor  from the other, regardless of whether
the demand, request or  requirement for submission is accepted by the object of said
act.
 Section 4. Duty of the Employer or Head of Office  in a Work-Related, Education or
Training Environment. – it shall be the duty of the employer or the head of the work-
related, educational or training environment or institution, to prevent or deter
the commission of acts of sexual  harassment and to provide the procedures
for the resolution,  settlement or prosecution of acts of sexual harassment. 
 Section 5. Liability of the Employer, Head of  Office, Educational or Training Institution.
– the employer or head of office, educational or training institution  shall be solidarily
liable for damages arising from the acts of   sexual harassment committed in the
employment, education or training environment if the employer or head of office, 
educational or training institution is informed of such acts by  the offended party and
no immediate action is taken.

Section 6. Independent Action for Damages. –  nothing in this act shall preclude the victim of
work, education or training-related sexual harassment from instituting a separate and
independent action for damages and other affirmative relief.
Section 7. Penalties. – any person who violates the   provisions of this act shall, upon
conviction, be penalized by   imprisonment of not less than one (1) month nor more than six (6)
months, or a fine of not less than ten thousand pesos  (p10,000) nor more than twenty
thousand pesos (p20,000), or  both such fine and imprisonment at the discretion of the court.

REPUBLIC ACT NO. 11313: SAFE SPACES ACT (BAWAL BASTOS LAW)

 WHAT DOES THE SAFE SPACES ACT COVER?

The law covers all forms of gender-based sexual harassment (GBSH) committed in public
spaces, educational or training institutions, workplace, as well as online space.

Gender-based Streets And Public Spaces Sexual Harassment

GBSH in street and public spaces is defined as acts which are committed through any
unwanted and uninvited sexual actions or remarks against any person regardless of the motive
for committing such action or remarks.

What do public spaces refer to under this law?

 WHAT ARE THE ACTS OF GENDER-BASED SEXUAL HARASSMENT (GBSH) IN PUBLIC SPACES?

A. Catcalling or unwanted remarks directed towards a person, commonly done in the form of

wolf- whistling (paninipol), misogynistic, transphobic, homophobic, and sexist slurs, as well a as
unwanted invitations;

 Sexist remarks or slurs-statements that are indicative of prejudice, stereotyping, or

discrimination on the basis of sex, typically against women 
 mophobic Remarks are indicative of fear, hatred or aversion towards persons who are
perceived to be or actually identify as lesbian, gay, bisexual, queer, pansexual and such
other persons of diverse sexual orientation, gender identity or expression, or towards
any person perceived to or actually have experienced same-sex attraction.
Misogynistic Remarks or slurs- statements that are indicative of the feeling of hating women or
the belief that men are inherently better than women

Transphobic Remarks or slurs-statements that are indicative of fear, hatred or aversion towards
persons whose gender identity and/or expression do not conform with their sex assigned at
birth. 

B. Persistent uninvited comments or gestures on a person’s appearance;

C. Relentless requests for personal details;

D. Statement of sexual comments and suggestions;

E. Public masturbation or flashing of private parts, groping, making offensive body gestures at
someone, and other similar lewd sexual actions;

F. Any advances, whether verbal or physical, that is unwanted and has threatened one’s sense of
personal space and physical safety. this may include cursing, leering and intrusive gazing, and
taunting;

G. Persistent telling of sexual jokes, use of sexual names; and

H. Stalking or conduct directed at a person involving the repeated visual or physical proximity,
non-consensual communication, or a combination thereof that cause or will likely cause a
person to fear for one’s own safety or the safety of others, or to suffer emotional distress.
What are the penalties for GBSH in public spaces?

Penalties vary according to the act of GBSH committed and how often a person was
convicted for violating the laws.