0 оценок0% нашли этот документ полезным (0 голосов)
28 просмотров4 страницы
RA 9262: AntiViolence against women and their children act of 2004 - Also known as "AntiVAWC act" consists of 50 sections Types of Violence covered: a. Physical (physical injuries, mutilation) b. Psychological, emotional (stalking, ridicule, repeated verbal abuse, depriving the woman of access to her family, marital infidelity, damage or property) c. Sexual (forcing the woman to watch obscene movies or
RA 9262: AntiViolence against women and their children act of 2004 - Also known as "AntiVAWC act" consists of 50 sections Types of Violence covered: a. Physical (physical injuries, mutilation) b. Psychological, emotional (stalking, ridicule, repeated verbal abuse, depriving the woman of access to her family, marital infidelity, damage or property) c. Sexual (forcing the woman to watch obscene movies or
RA 9262: AntiViolence against women and their children act of 2004 - Also known as "AntiVAWC act" consists of 50 sections Types of Violence covered: a. Physical (physical injuries, mutilation) b. Psychological, emotional (stalking, ridicule, repeated verbal abuse, depriving the woman of access to her family, marital infidelity, damage or property) c. Sexual (forcing the woman to watch obscene movies or
Anti- Violence against Women and their Children Act of 2004
-
Also known as Anti- VAWC act
Effective March 27, 2004 A special law protecting women and their children from all forms of abuse Criminal statute; consists of 50 sections Types of Violence covered: a. Physical (physical injuries, mutilation) b. Psychological, Emotional (stalking, ridicule, repeated verbal abuse, depriving the woman of access to her family, marital infidelity, damage or property) c. Sexual (forcing the woman to watch obscene movies or engage in any sexual act) d. Economic (withdrawal of financial support, preventing her from engaging in a legitimate profession/business/activity, deprivation or threat of financial resources and the right to use conjugal or community property) Definition of Anti- VAWC act: Any act or series of acts committed by any PERSON Against a WOMAN who is his wife, former wife, or with whom the person has or had a sexual or dating relationships, or With whom he has a common child, or Against her child/child under her care Which result or is likely to result in physical, sexual, psychological harm or suffering or economic abuse including threats of such acts, Battery, assault, coercion, harassment or arbitrary deprivation of liberty Elements a. Relationship, past or present b. Married or not; living in or not c. Sexual or dating relationship d. Including lesbian relationships e. With common child f. Falling under Sec. 5 (punishable acts) Causing, threatening, attempting to cause physical harm Placing the woman or her child in fear of imminent physical harm Attempting or compelling the woman or her child to engage in conduct which they have a right to desist from, or to Depriving or threatening to deprive the woman or her child of custody or access to her family Depriving them of financial support; insufficient financial support Depriving or threatening to deprive the woman or her child of a legal right
Preventing the woman from engaging in any legitimate
profession, occupation, business or activity, or controlling her own money or properties or solely controlling conjugal or common assets Causing or attempting to cause the woman or her child to engage in any sexual activity..., by force or threat, physical harm, intimidation directed against the woman, her child, or immediate family * Engaging in knowing or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress including: (1) stalking (2) entering or remaining in the property Causing mental or emotional anguish, public ridicule, humiliation including repeated verbal and emotional abuse* Denial of financial support or custody of minor children or denial of access to the womans child PRESCRIPTION PERIOD: 10 years. All others, 20 years Sec 6: Penalties: Aggravating circumstance: if the woman or child is pregnant or committed in the presence of her child, the penalty shall be the maximum of the period of penalty Imprisonment plus: fine of Php100,000- 300,000, and mandatory psychological counseling or psychiatric treatment Venue: Criminal action: Family Court or if none, in the RTC or depends at the option of complainant Protection Order: Family Court in the residence of petitioner or if none, RTC/MTC/MCTC Protection Orders (P.O.) Prohibition from threatening or committing, any of punishable acts Removal and exclusion from the residence regardless of ownership, temporarily or permanently where no property rights are violated Stay away from petitioner, any designated family or household member Temporary or permanent custody of child Support automatic remittance of salary or income by employer Dept of Social Welfare & Dev to provide shelter and social services Who may file for Protection Orders (P.O.)? Offended party Parents or guardians Ascendants, descendants, collateral relatives within 4 th degree of consanguinity or affinity Social workers of DSWD or LGUs Police officers
Punong Barangay or kagawad
Lawyer, counselor, therapist, healthcare provider At least 2 citizens of the city or municipality who have personal knowledge of the offense Kinds of Protection Orders A. Barangay Protection Order o Issued by Punong Barangay (Kagawad, if not available) o Effective for 15 days only o Ordering perpetrator to desist from committing physical harm or threatening B. Temporary Protection Order o Issued by the Court on the day of filing o Ex parte ; Priority over all other cases o Effective for 30 days; extendible o Stay away order, temporary custody and support to woman and/or her children, use of community/conjugal property o Bond to Keep the Peace o Enforceable anywhere in the country o No mediation; no conciliation C. Permanent Protection Order o Issued after notice and hearing o Priority over all other proceedings such as election cases, habeas corpus, etc. o Custody, support to the woman and/or her children o Respondent to leave the residence permanently o With Bond to Keep the Peace *Public Crime: Any citizen having personal knowledge of the circumstances of the offense may file a case Battered Woman Syndrome (BWS) Scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse Justifying circumstance A victim with BWS is not disqualified from having custody of her children Perpetrator of crime against a woman with BWS shall not have custody of children Exemption from Liability NO CRIMINAL, CIVIL, ADMINISTRATIVE LIABILITY : Any person, private individual, police authority, barangay official acting in accordance with law, who Responds or intervenes without using violence or restraint greater than necessary to ensure safety of the victim Rights of victims Right to be treated with respect & dignity; Legal assistance; support services from DSWD, local governments
Privacy and confidentiality of records
Additional 10 day paid leave from work aside from present paid leave benefits Effectiveness of the Law The law is a product of cooperation of womens rights organizations and legislators, hence the comprehensive remedies Protection Orders are being increasingly used by women to protect themselves, get support, get back their minor children Barangay protection order is available to poor rural women who have no easy access to the courts Supreme Court issued a Rule on VAWC, governs the trial of the case Government officials, including judges are prohibited from mediating e.g. to influence the woman to give up her reliefs Local government units are tasked with education campaign to eliminate VAW Mechanism for government implementers and support services Inter-Agency on VAW is provided in the law; government implementers have Implementing Rules and Regulations enumerating their duties Problem: lack of funds for training Problems, gaps, lessons: The law does not provide for appropriations, funding for training of implementers and support services for the woman Corruption in the judiciary, prosecution service Low level of gender sensitivity among prosecutors Ignorance of the law by police officers who are not in the womens and childrens desks Lack of quality gender sensitivity seminars for judges who are not family court judges, and prosecutors Misuse of the laws and rules by lawyers, e.g. retaliation suits against women who have protection orders SOURCES: http://www.lawphil.net/statutes/repacts/ra2004/ra_9262_2004.html http://www.slideshare.net/ethelbubailagustanmoreno/violence-againstwomen-ra9262-a-powerpoint-presentation http://www.slideshare.net/bigkiskababaihan/antiviolence-against-women-andchildren