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GENDER-BASED SEXUAL

HARASSMENT
REPUBLIC ACT NO. 11313
(SAFE SPACES ACT)
Shercon Resort and Ecology Park, San
Sebastian, Mataas na Kahoy, Batangas
December 7, 2023
Four kinds of Gender-based Sexual Harassment

1 2 3 4
Gender-based street Gender-based online Gender-based Gender-based
and public spaces sexual harassment; sexual harassment sexual harassment
sexual harassment; in the work place; in educational and
and training institution.
Gender-based street and public spaces
sexual harassment

It is committed by any person


through any unwanted and
uninvited sexual actions or
remarks against any person in
a public space, regardless of
the motive for committing
such action or remarks.
Public Spaces

Public spaces refer to streets and alleys,


public parks, schools. Buildings, malls,
Acts constitutive of Gender-based street bars, restaurants, transportation
and public spaces sexual harassment terminals, public markets, spaces used
are those performed in buildings, as evacuation centers, government
schools, churches, restaurants, malls, offices, public utility vehicles as well as
public washrooms, bars, internet shops, private vehicles covered by app-based
public markets, transportation terminals transport network services and other
or public utility vehicles. recreational spaces such as, but not
limited to, cinema, halls, theaters and
spas.
Specific criminal acts

1. Catcalling, wolf-whistling, misogynistic,


transphobic, homophobic, sexist slurs
and leering and intrusive gazing;
2. Unwanted invitations;
3. Persistent uninvited comments or
gestures on a person’s appearance or
the use of words, gestures or actions
that ridicule on the basis of sex, gender
or sexual orientation, identity and/or
expression;
4. Relentless requests for personal details
such as name, contact and social media
details or destination or stalking;
5. Statements of sexual comments and
suggestions;
Specific criminal acts
6. Persistent telling of sexual jokes, use of
sexual names, comments and demands,
and any statement that has made an
invasion on a person’s personal space or
threatens the person’s sense of personal
safety.
7. Public masturbation or flashing of private
parts for the sexual gratification of the
perpetrator with the effect of demeaning,
harassing, threatening or intimidating the
offended party and similar lewd sexual
actions;
8. Groping;
9. Any advances, whether verbal or physical,
that is unwanted and has threatened one’s
sense of personal space and physical safety.
Gender-based Online Sexual Harassment

It refers to an online conduct


targeted at a particular person that
causes or likely to cause another
mental, emotional or psychological
distress, and fear of personal safety,
sexual harassment acts.
Gender-based Online Sexual Harassment

Gender-based online sexual harassment includes the following acts committed with the
use of information and communications technology in terrorizing and intimidating the
victims:

1. Physical, psychological and emotional threats;


2. Unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and
comments online whether publicly or through direct and private messages;
3. Invasion of victim’s privacy through cyberstalking and incessant messaging,
uploading and sharing without the consent of the victim, any form of media that
contains photo, voice, or video with sexual content;
4. Invasion of victim’s privacy through any unauthorized recording and sharing of any
of the victim’s photos, videos, or any information online; and
5. Invasion of victim’s privacy through impersonating identities of victims online (online
identity theft) or posting lies about victims to harm their reputation, or filing, false
abuse reports to online platforms to silence victims.
Gender-based Sexual Harassment in the Work
Place or Educational and Training Institutions
The crime of gender-based sexual harassment in the
workplace includes the following:
1. An act or series of acts involving any unwelcome sexual
advances, requests or demand for sexual favors or any
act of sexual nature, whether done verbally, physically
or through the use of technology such as text
messaging or electronic mail or through any other
forms of information and communication systems, that
has or could have a detrimental effect on the conditions
of an individual’s employment or education, job
performance or opportunities;
2. A conduct of sexual nature and other conduct-based on
sex affecting the dignity of a person, which is
unwelcome, unreasonable, and offensive to the
recipient, whether done verbally, physically or through
the use of technology such as text messaging or
electronic mail or through any other forms of
information and communication systems;
Gender-based Sexual Harassment in the Work
Place or Educational and Training Institutions
The crime of gender-based sexual harassment in the
workplace includes the following:
3. A conduct that is unwelcome and pervasive and
creates an intimidating, hostile or humiliating
environment for the recipient: Provided, That the
crime of gender-based sexual harassment may also
be committed between peers and those committed
to a superior officer by a subordinate, or to a
teacher by a student, or to a trainer by a trainee;
and
4. Information and communication system refers to a
system for generating, sending, receiving, storing or
otherwise processing electronic data messages or
electronic documents and includes the computer
system or other similar devices by or in which data
are recorded or stored and any procedure related to
the recording or storage of electronic data messages
or electronic documents.
Gender-based Sexual Harassment in the Work
Place or Educational and Training Institutions
The crime of gender-based sexual harassment in the workplace is committed by the
employer or other persons of authority, influence or moral ascendancy in a
workplace, who failed to prevent, deter, or punish performance of gender-based
sexual harassment in the workplace, or failed to take action on the reported
harassment.

The crime of gender-based sexual harassment in educational and training


institutions is committed by principals, school heads, teachers, instructors,
professors, coaches, trainers, or any other person who has authority, influence or
moral ascendancy over another in an educational or training institutions, who fail
to 1.) disseminate or post a copy of R.A. 11313 in a conspicuous place in the
educational institution, 2.) provide measures to prevent this harassment, like
information campaigns; 3.) create an internal mechanism to investigate and
address complaints for harassment; 4.) provide and disseminate, in consultation
with all persons in the educational institution, a code of conduct or school policy;
or 5.) to act on reported harassment.
Thank you

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