BSN2C

PROTECTION FROM
SEXUAL
HARASSMENT
(local and international setting)

Rodriguez, Christi Sandria B.

Tapit, Shane Nicole J.
NCM 109
 from sexual harassment
protection

ANNITA
HILL
“we need to turn the question around to
look at the harasser, not the target. we
need to be sure that we can go out and
look anyone who is a victim of harassment
in the eye and say, ‘you do not have to be
remain silent anymore.’”
 from sexual harassment
protection

OBJECTIVES
OBJECTIVES
OBJECTIVES
To know what sexual To understand the considerations
1 harassment means and
their different forms
3 in addressing sexual harassment
in the local and international
setting
To be aware of the existing To give an example of sexual
2 laws or policies related to
sexual harassment in local
4 harassment that occurs in our
society
and international setting
WHAT IS
sexual
harassment?
SEXUAL HARASSMENT refers to unwelcome sexual advances or
verbal or physical conduct of a sexual nature which has the effect of
unreasonably interfering with the individual’s work performance or
creating an intimidating, hostile, abusive or offensive working
environment.

CATCALLING refers to unwanted remarks directed towards a

person, commonly done in the form of wolf-whistling and
misogynistic, transphobic, homophobic, and sexist slurs

STALKING refers to conduct directed at a person involving the

repeated visual or physical proximity, non-consensual
communication, or a combination thereof that causes or will likely
cause a person to fear for one’s own safety or the safety of others, or
to suffer emotional distress.
WHAT IS
sexual
harassment?
STUDIES OVER SEXUAL VIOLENCE:
In children with mental disabilities (13.7%) , and violence in university on
campuses.

The prevalence rate for completed sexual assault of undergraduates was 10.3% in
women and 3.1% in men, and

The prevalence rate for completed rape among undergraduates was 4.1% for
women and 0.8% for men.

This rate against people with disabilities, such as mental disability was 5.5%, and
14.1% against older people.
Based on the systematic review by Araujo JO et al. in 2019, the
prevalence of SV among refugees around the world was largely variable
from 0 to 99.8%:

In Africa, it has been In Asia, the prevalence In America and Europe,

reported from 1.3 to is variable from 0 to it has been reported
99.8%, 84.6%, 3.5% and 3.3%,
respectively.
DIFFERENT FORMS OF
SEXUAL
HARASSMENT

VERBAL FORM
i. Example: Gender based insults or sexist remarks
PHYSICAL FORM
ii. Forcible physical touch or molestation
VISUAL FORM
iii. Presence of sexual visual material such as posters,
cartoons, drawings, computer programs
NON-VERBAL FORM
iv. Derogatory gestures of a sexual nature
Importance of addressing
sexual harassment

Sexual harassment is a serious form of sex

discrimination and it SHOULD NOT BE
TOLERATED as it undermines equality by
calling into question the integrity, dignity and
well-being of the people.

There is a long lasting negative and traumatic

impact on individuals including psychological
suffering, physical suffering and professional
losses.
PROTECTION FROM SEXUAL HARASSMENT IN

INTERNATIONAL
SETTING
What are the existing laws or
policies related to the issue?
International Conventions
on laws against sexual
harassment

—International Labor Organization

i. [International Labor Organization] ILO
Discrimination (Employment and Occupation)
Convention, 1958 (No. 111)
1) Aims to protect against discrimination in
employment and occupation on the grounds of sex,
race, color, religion, political opinion, national or
social origin.
2) Urged governments to take appropriate measures to
prohibit sexual harassment in employment and
occupation and has provided elements of a definition
of sexual harassment
a United Nations agency whose mandate is to advance
social and economic justice through setting
international labor standards.
 What are the existing laws or
policies related to the issue?
International Conventions
on laws against sexual
harassment
ii. Universal Declaration of Human Rights, 1948
1) Articles 1, 2 and 7 speak about equality in dignity, rights and
freedoms and equal protection against any discrimination

iii. United Nations Convention on the Elimination of All

Forms of Discrimination against Women (CEDAW),
1979:
1) Article 11 prescribes States to eliminate discrimination

— CEDAW
against women in the field of employment and to ensure
equality of men and women. While sexual harassment is not
yet covered by a specific international instrument, the
CEDAW Committee in its General Recommendation No. 19 in
1992 has qualified it as a form of discrimination on the basis
of sex and as a form of violence against women.
 What are the existing laws or
policies related to the issue?
International Conventions
on laws against sexual
harassment
iv. UN Declaration on the Elimination of Violence
against Women, 1993:
1) Article 1 of this Declaration defined “Violence against women” as
any act of gender-based violence that results in, or is likely to
result in, physical, sexual or psychological harm or suffering to
women, including threats of such acts, coercion or arbitrary
deprivation of liberty, whether occurring in public or in private
life. It also included sexual harassment and intimidation at work,
in educational institutions and elsewhere as part of violence
against women. The Declaration stated that such violence
encompasses, but is not limited to, the following: “…physical,
sexual and psychological violence in the community including
rape, sexual harassment and intimidation at work, in education
institutions and elsewhere”
 What are the existing laws or
policies related to the issue?
International Conventions
on laws against sexual
harassment

v. ILO Indigenous and Tribal Peoples Convention,

1989 (No. 169):
1) Governments shall, within the framework of national
laws and regulations, and in cooperation with peoples
concerned, adopt special measures to ensure that
workers enjoy equal opportunities and equal treatment
in employment for men and women, and protection
from sexual harassment (Article 20.1-3 (d))
 1) Promoting gender equality and
What are the
considerations
disabling toleration of actions
binding to sexual harassment

in addressing
2) To urge governments to take
this issue in the
international appropriate measures to prohibit
setting? sexual harassment in places in our
everyday lives.
PROTECTION FROM SEXUAL HARASSMENT IN

LOCAL SETTING
What are the existing
laws or policies related
to the issue?
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.
Anti-Sexual Harassment Act of 1995 (RA 7877), is the governing law for
work, education or training-related sexual harassment.

Although it is true that RA 7877 calls for a ‘demand, request or

requirement of a sexual favor, it is not necessary that the demand,
request, or requirement of a sexual favor be articulated in a categorical
oral or written statement. In one case, the Supreme Court considered
the offender’s act of mashing the breast of his student sufficient to
constitute sexual harassment. Hence, It must be emphasized that the
demand of a sexual favor need not be explicit or stated.
What are the existing laws or
policies related to the issue?
Republic Act 7877: Anti-Sexual
Harassment Act of 1995

Under RA 7877, 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 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 or not by the object
of said act.”

SECTION 3. Work, Education or Training -Related, Sexual Harassment

Defined.
How is work-related sexual
harassment committed?

WORK-RELATED SEXUAL HARASSMENT IS COMMITTED WHEN:

1) The sexual favor is made as a condition in the hiring or in the
employment, re-employment or continued employment of said
individual, or in granting said individual favorable compensation,
terms, conditions, promotions, or privileges; or refusal to grant the
sexual favor results in limiting, segregating or classifying the employee
which in any way would discriminate, deprive or diminish employment
opportunities or otherwise adversely affect said employee.
2) The above acts would impair the employee’s rights or privileges under
existing labor laws; or
3) The above acts would result in an intimidating, hostile or offensive
environment for the employee.

SECTION 3. a. Work, Education or Training -Related, Sexual Harassment

Defined.
How is EDUCATION OR TRAINING-RELATED
sexual harassment committed?

EDUCATION OR TRAINING-RELATED SEXUAL HARASSMENT

IS COMMITTED:
1) Against one who is under the care, custody or supervision of the
offender;
2) Against one whose education, training, apprenticeship, or tutorship
is entrusted to the offender;
3) When the sexual favor is made a condition to the giving of a passing
grade, or granting of honors and scholarships, or the payment of a
stipend, allowance or other benefits, privileges, or considerations; or
4) When the sexual advances result in an intimidating, hostile or
offensive environment for the student, trainee or apprentice.

SECTION 3. b. Work, Education or Training -Related, Sexual Harassment

Defined.
What are the penalties for
OFFENDERS UNDER RA 7877?

Sec. 7. (Penalties), RA 7877

Any person who violates the
provisions of the law shall 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.
• Any act on arising from the violation of the provisions of
this Act shall prescribe in three (3) years.
What are the existing laws or
policies related to the issue?
Republic Act 11313: Safe Spaces
Act of 2018
AN ACT DEFINING GENDER-BASED SEXUAL HARASSMENT IN STREETS, PUBLIC SPACES, ONLINE,
WORKPLACES, AND EDUCATIONAL OR TRAINING INSTITUTIONS, PROVIDING PROTECTIVE
MEASURES AND PRESCRIBING PENALTIES THEREFOR
The Anti-Sexual Harassment Act of 1995 (Republic Act 7877) recognizes that sexual harassment occurs in work,
education, and training environments, and penalizes persons who have authority, influence and moral ascendancy in
such institutions who commit prohibited acts of sexual harassment. However, it did not cover other incidents of sexual
harassment, such as those between peers or co-employees or those which happen in the streets, public, and online spaces.

The Safe Spaces Act defines gender–based sexual harassment in streets, public spaces, online, workplaces, and
educational and training institutions. The law penalizes all forms of sexual harassment in streets and public spaces, as
well as in online spaces. It also strengthens the administrative mechanisms against sexual harassment in workplaces and
in educational and training institutions. Another salient feature of the law is that it recognizes that sexual harassment
may be committed even between peers, or by a student to a teacher, or a trainee to a trainer.
What are the existing laws or
policies related to the issue?
Republic Act 11313: Safe Spaces
Act of 2018

Sec . 4. Gender-Based Streets and Public Spaces Sexual Harassment. – The crimes of gender-based streets
and public spaces sexual harassment are committed through any unwanted and uninvited sexual actions or
remarks against any person regardless of the motive for committing such action or remarks.

Gender-based streets and public spaces sexual harassment includes catcalling, wolf-whistling, unwanted
invitations, misogynistic, transphobic, homophobic and sexist slurs, persistent uninvited comments or
gestures on a person’s appearance, relentless requests for personal details, statement of sexual comments
and suggestions, public masturbation or flashing of private parts, groping, or any advances, whether verbal
or physical, that is unwanted and has threatened one’s sense of personal space and physical safety, and
committed in public spaces such as alleys, roads, sidewalks and parks. Acts constitutive of gender-based
streets and public spaces sexual harassment are those performed in buildings, schools, churches,
restaurants, malls, public washrooms, bars, internet shops, public markets, transportation terminals or
public utility vehicles.
What are the existing laws or
policies related to the issue?
Republic Act 11313: Safe Spaces
Act of 2018

Sec. 6. Gender-Based Sexual Harassment in Public Utility Vehicles. –

In addition to the penalties in this Act, the Land Transportation Office (LTO) may cancel the license of
perpetrators found to have committed acts constituting sexual harassment in public utility vehicles, and
the Land Transportation Franchising and Regulatory Board (LTFRB) may suspend or revoke the franchise
of transportation operators who commit gender-based streets and public spaces sexual harassment acts.
Gender-based sexual harassment in public utility vehicles (PUVs) where the perpetrator is the driver of
the vehicle shall also constitute a breach of contract of carriage, for the purpose of creating a presumption
of negligence on the part of the owner or operator of the vehicle in the selection and supervision of
employees and rendering the owner or operator solidarily liable for the offenses of the employee.
What are the penalties
for GBSH in public spaces?
Sec. 12. b. (Specific Acts and Penalties for Gender-based Sexual Harassment
in Streets and Public Spaces), RA 11313 IRR
“VERBAL” GBSH
1st Offense – twelve (12 hours) community service inclusive of Gender
Sensitivity Training (GST) and PHP 1,000 fine
2nd Offense – Imprisonment of 6-10 days or PHP 3,000 fine
3rd Offense – Imprisonment of 11-30 days or PHP 10,000 fine

“Demonstrated” GBSH
1st Offense – twelve (12 hours) community service inclusive of Gender
Sensitivity Training (GST) and PHP 10,000 fine
2nd Offense – Imprisonment of 11-30 days or PHP 15,000 fine
3rd Offense – Imprisonment of 1 month and 1 day to 9 months and
PHP 20,000 fine
What are the penalties
for GBSH in public spaces?
Sec. 12. c. (Specific Acts and Penalties for Gender-based Sexual Harassment
in Streets and Public Spaces), RA 11313 IRR

GBSH through stalking and physical advances such

as touching, pinching or brushing against the
genitalia, groin, breasts

1st Offense – Imprisonment of 11-30 days or a fine of PHP 30,000 provided

that it includes attendance in a GST to be conducted by PNP in coordination
with LGU and PCW
2nd Offense – Imprisonment of 1 month and 1 day to 6 months or PHP
50, 000 fine
3rd Offense – Imprisonment of 4 months and 1 day to 6 months or PHP
100,000 fine
What are the existing laws or
policies related to the issue?

Republic Act 9710, otherwise known as

the Magna Carta of Women (MCW)

Provides that women’s rights in all spheres should be

promoted and fulfilled and their human rights be protected
from violations by private corporations, entities and
individuals (Section 5 of the Law and Section 8 of the IRR).

The Magna Carta of Women (MCW) is a 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. It conveys a framework of rights for women based
directly on international law.
 i. Promotes women’s rights and gender
What are the equality
considerations 1) Sexual harassment as a form of gender-based violence
(GBV) seriously inhibits women’s ability to enjoy their
rights and freedoms on a basis of equality with men.
Expanding the definition of sexual harassment in the
in addressing Philippines and strengthening the mechanisms to
this issue in the address all acts of sexual harassment will ensure that
women are protected from all forms of discrimination
local setting? and create a safe environment that will promote the
participation of women in economic, social, political,
cultural development.
 ii. Responds to International
What are the Commitments
considerations 1) Addressing sexual harassment is aligned with the
Philippines commitment as a State Party to the
Convention on the Elimination of All Forms of
Discrimination (CEDAW) that requires State Parties to
“adopt appropriate legislative and other measures,
in addressing including sanctions where appropriate, prohibiting all
this issue in the discrimination against women” (Article 2 (g)) and is in
local setting? adherence to the Declaration on the Elimination of
Violence against Women to “pursue by all appropriate
means and without delay a policy of eliminating violence
against women” (Article 4).
Case: DOMINGO vs RAYALA
G.R. No. 155831
In Domingo vs. Rayala, a case involving a
stenographer as the victim and the NLRC
Chairman as the perpetrator, the Supreme Court
enunciated that sexual harassment is an
imposition of misplaced “superiority” which is
enough to dampen an employee’s spirit and her
capacity for advancement. It affects her sense of
judgment; it changes her life. Thus, in holding and
squeezing the victim’s shoulders, running his
fingers across her neck and tickling her ear,
having inappropriate conversations with her,
giving her money allegedly for school expenses
with a promise of future privileges, and making
CASE statements with unmistakable sexual overtones –
all resound with deafening clarity the unspoken
EXAMPLE request for a sexual favor.
 CONCLUSION
Sexual harassment is unwelcome sexual behavior
that's offensive, humiliating, or intimidating and
includes a range of actions from verbal transgressions
to sexual abuse or assault. People may experience this
regardless of their gender, status, age, race, culture,
and beliefs. And this can occur in different settings
such as the workplace and even in sacred places.

With that, leaders, authorities, and concerned citizens push through laws and policies to promote gender equality and
prohibit these kinds of actions. International organizations like the United Nations (UN) launch conventions to urge
governments to educate their constituents and take appropriate measures against these behaviors. Republic Act No. 7877 also
known as the Anti-Sexual Harassment Act of 1995 is just one of the laws in the local setting that imposes correction on a
person that commits an act violating the rights related to the issue.

Sexual harassment undermines the victim’s capacity to participate fully and contribute effectively to the nation’s
development. It instills fear in the abused and threatens their liberty and security. Thereupon, let us not blame the victim for
sharing their stories and make the perpetrator accountable.
 End of
presentation