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Acknowledgement This thesis would not have been possible without the guidance and the help of several

individuals who in one way or another contributed and extended their valuable assistance in the preparation and completion of this study. First and foremost, our utmost gratitude to Maam Rosemary Fernandez, our Thesis Instructor who not only shared her expertise on the subject matter, but also made it a point to ensure our development as individuals holistically as well; Maam Tetchie Aquino, our Thesis mentor, who spent hours and hours of her day sharing to us her knowledge and expertise on the subject matter; Atty. Romeo Cabarde, humanitarian and gender-equality advocate, for sharing his ideas about the need for the legal system to incorporate gender-mainstreaming; Mr. John Harvey Gamas, our delightful teacher, for his unwavering support and belief in us; Maam Belma Aquino, our beloved History Instructor, for her added insights and infinite enthusiasm; Atty. Arnold Abejaron, Maam Roda Emilio, Maam Mildred Megarbio, our Thesis pannel, for their comments and insights, stirring us to work at the highest and excellent level possible; The lawyers and judges of Davao City, our respondents, for their cooperation in the development of this thesis, for without them, nothing would manifest; Our classmates, the 4th Year International Studies-Asian Studies class, for not only the endless hours of fun and entertainment, but also for the little push everyone gives everyone to ensure that we all graduate at the same time; Last but not the least, our families and the one above all of us, the omnipresent God, for answering our prayers and giving us the strength to plod on despite my constitution wanting to give up and throw in the towel, thank you so much Dear Lord.

Chapter 1 INTRODUCTION Background of the Study Human rights treaties often are followed by an Optional Protocol which supplements the main treaty by addressing substantive issues that are not covered by the previous treaties and develop mechanisms or procedures to address the violations of the rights set forth in CEDAW (IWRAW, 2008). The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (OP-CEDAW) is an international human rights instrument which addresses issues not covered by the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Ratified on December 22, 2000, it serves as an individual complaint and inquiry mechanism to the Convention. Once individuals or groups of individuals have exhausted all available domestic remedies, they can file a complaint directly towards OP-CEDAW (IWRAW, 2009). The purpose of the Optional Protocol is to create procedures for individuals, other than state parties, to file a complaint against human rights violation. Two procedures are established by the Optional Protocol: an individual-complaints procedure and an inquiry procedure (Article 8). Article 2 allows individuals or group of individuals to submit complaints as victims of the State party of a violation of any of the rights set forth in CEDAW (IWRAW, 2009). Inquiry procedure allows the Committee to conduct investigation on the State Party involve in a grave violation of the rights enumerated in CEDAW upon provision of a reliable information (IWRAW, 2009). With these procedures, the Optional Protocol of CEDAW would help to ensure that all levels of government in a country will find domestic methods to set uniform standards in accordance with CEDAW, that it provides a back-up for domestic laws and policies and to ensure that these laws are just and effective (Demos and Segal, 2009).

Karen Tayag Vertido was the first woman from Southeast Asia to use this procedure of the Optional Protocol. On the night of March 29, 1996, she boarded the car of a prominent Davao businessman who had offered to take her home after a meeting. The businessman was a leading figure in the Davao Chamber of Commerce, where Karen served as executive director. What was supposed to be a simple car ride home turned into a nightmare - her boss forcibly took her to a motel and allegedly raped her. On April 1, 1996, within 48 hours of the incident, she filed a complaint in which she accused her boss of raping her. On November 7, 1996, an arrest warrant for the man that violated her was issued. He was arrested more than 80 days later. The case remained at the trial court level from 1997 to 2005. Finally, after the 8 years, the Regional Court of Davao City came to a decision - the credibility of Vertido's case was questionable. And so they acquitted the accused (Jimenez-David, 2010). On November 29, 2007, Vertido wrote the UN Committee on the Elimination of Discrimination against Women, claiming she suffered re-victimization after she was raped in that acquitting Custodio and was also evident on the failure of the Philippine government to exercise adequate measures in punishing acts of violence against women, in particular, rape, and that the decision was grounded in gender-based myths about rape and rape victims, and that it was rendered in bad faith, with no basis in law or in fact (MindaNews, 2010). The government, according to Vertido, failed in its obligation to ensure that women are protected against discrimination by public authorities, including the judiciary due to its negligence. In her communication to the OP-CEDAW in 2007, she stated: I hold this state, the Philippines, accountable for rape happening within its boundaries. I hold my state accountable for a judge who at best is ignorant about laws and the realities of women I call on my state not to put such people to become judges, but only people who are truly capable of trying womens cases I claim restitution for having been violated first by one depraved man, and then later by a society that says it is okay to rape women (Vertido,2007).

On July 16, 2010, the OP committee published its assessment and recommendations on Vertidos case. The committee stated that the case's conclusion took too long to reach, and that the judge's ruling was based on gender myths. The Committee ruled in favor of Vertido and demanded that the Philippines be accountable for its unlawful actions and give her just compensation. The recommendations include implementing effective measures to guarantee that cases are pursued without undue delay, ensuring that all legal procedures are impartial and fair and reviewing the definition of rape. Appropriate and regular training on CEDAW and its OP was highly mentioned. Trainings for the judges, lawyers, law enforcement officers and medical personnel in understanding crimes of rape were also included. Finally, the Philippine government was required to submit a written report within six months concerning what actions it had undertaken to implement the following recommendations (CEDAW/C/46/D/18/2008). According to the Committee, Karen has suffered moral and social damage and prejudices, in particular by the excessive duration of the trial proceedings and by the revictimization through the stereotypes and gender-based myths relied upon in the judgement. Karen also suffered pecuniary damages due to the loss of her job (Bulatlat, 2010). Davaos media generally treated Vertido per se as a bad person, a whore, an adulteress, and an extortionist (Umil, 2010). The unacceptable response of the society to her case made her and her two children relocate to Manila because they had become publicly recognizable in Davao, resented by the community for accusing a prominent citizen of rape (Jimenez-David, 2010). It happened in Davao City, home of Womens Development Code of 1997 that ensures gender mainstreaming and development. The Senate of the Philippines, through Senator Pia Cayetano, chairperson on the Committee on Youth, Women and Family Relation, said will heed on the recommendations of the Committee on CEDAW. Although the 1997 Anti-Rape Law already provides a broad definition of the crime of rape, there is still room for improvement to further protect women against discrimination and to make our laws in line with CEDAW principles, she said. With this 4

attention the recommendations are getting, it should have covered ample time to act on the recommendations, but up to this moment the recommendations were not actualized by the government (MindaNews, 2010). This study aims to look at the knowledge and perceptions of the lawyers and judges about the case of Karen Vertido, as a benchmark, and on the recommendations of the OPCEDAW to the judiciary of the Philippine government. It will also look on the recommendations of these legal professionals about the gender-myths mentioned in the communication of the OP-CEDAW and gender mainstreaming initiatives of the legal system in the Philippines. It will also explore the influences of several sectors on Vertidos case and about the gender mainstreaming in the judiciary. The study hopes to answer the problem of gender mainstreaming in the Philippine society.

Theoretical Framework This study on the knowledge, perceptions, and attitudes of lawyers and judges on OPCEDAW recommendations and Karen Vertido case is anchored on the transformative legal justice theory of Margaret Schuler (1992). Schuler (1992) identified numerous expressions of global gender violence while simultaneously discussing the many areas in need of reform: education, religion, social structures, politics, economics and the law. Focusing on the legal aspect, she raised awareness about domestic violence through all the levels of the legal system, and identified the components that can account for gender violence. According to Schuler, the legal system is comprised of substance, structure, and culture. Substance will account for what the law says, that includes the laws, regulations, so as the constitution. Structure stands for how the law is applied, that includes Courts, law enforcements, and administrative agencies. Culture will account on how the people regard the law, or the shared attitudes and behaviours toward the law (Schuler, 1992). 5

This three will comprise the process on how the law is interpreted, implemented, and regarded in a certain society. Therefore, lack of sufficient knowledge of the substance by the structure as their implementing rules and regulations will hinder efficient implementation that can lead to a negative culture (Schuler, 1992). If the problem is about what the law says, the emphasis must be on abolishing it and creating more efficient ones. If the problem would be from the structure itself, the strategy must focus on the engaging the improvisation of these institutions. If there is something wrong on the peoples behaviours and attitudes toward these, there should be an empowerment and education to the people with regards to it (Schuler, 1992). Atty. Adoracion Avisado operationalized Schulers theory, by relating it to the Philippine legal system, saying despite the fact that we have a wide gamut of laws and policies in this country, the structures of justice are weak in the area of implementation (Avisado, 2007). As Atty. Avisado indicated, the three components can have certain problems and it must be dealt accordingly. Transformative legal justice of Schuler, as used by Avisado, carries with it the basic misconceptions on women in the Philippine society, to be particular, among those in the legal practice. Some public prosecutors reportedly badger complainants into settling cases, especially if respondent is well-known or is a famous or influential person. Some are even instrumental in the delay of case disposal. . . Due to gender insensitivity some of them even blame the victims for the crimes committed against them. Some of them are likewise gender insensitive and resort to victim blaming (Avisado, 2007). Avisado (2007) said gender mainstreaming and initiatives have been initiated by the governments and NGOs from both local and national level. Through Gender and Development (GAD) Programs of the government, gender empowerment has been receiving funds coming from different governmental agencies. However, gender mainstreaming seminars conducted by the government for legal practitioners have earned no significant support. With these, there is a need to know through transformative

justice that gender sensitivity should be accommodated in the structure of the judicial proceedings and legal practices (Neimanis, 2001). Transformative legal justice theory is relevant in this study that it first deals with the legal system, composed of legal professionals, which is also the respondents on the said study. It is also important to benchmark from this theory in assessing what part of judiciary is seen as preventive of gender mainstreaming, if there are any. By assessing its components through this theory, the study seeks to promote and raise awareness about the pressing need for gender mainstreaming in the legal system of the Philippines. The research aims to know if gender myths are present in the legal system through the responses of the respondents. With the recommendations of the Optional Protocol of CEDAW, the study aims to assess the necessity of such like gender sensitivity seminars to indict a more open-minded, gender-bias free rulings and decisions in the legal system of the Philippines.

Statement of the Problem The research aimed to determine the knowledge, perception and attitudes of the Davao City lawyers and judges regarding the recommendations of (OP-CEDAW) on the Karen Vertido Case. Specifically it aims to answer the following questions:

1. What is the socio-demographic profile of the judges and lawyers? 2. What is the knowledge of judges and lawyers regarding Vertidos Case and OPCEDAW Recommendations?

3. What are the perceptions of judges and lawyers regarding the Vertido case and OPCEDAW recommendations?

4. What are the limitations of the Vertido case and OP-CEDAW Recommendations as perceived by the judges and lawyers?

5. What are the recommendations of judges & lawyers for the Philippine legal system, sectors involved, and the OP-CEDAW?

Significance of the Study This study on the knowledge, perceptions, and attitudes of Davao City lawyers and judges on the recommendations of the OP-CEDAW will benefit the Commission on Human Rights in a way that it dealt with an individual case of womens rights violence, involving issues on gender that is relevant as a benchmark on cases with the same nature.

It will also benefit the judges in the court for they (through learning of different law practitioners opinions on what are of judiciary needs to improve benchmarking from Karen Vertidos case) will be able to identify the ways of improving judicial decision-making, helping to ensure the more effective, more transparent and speedier processing of trials in the local setting.

The lawyers are also deemed benefactors in the study due to the fact that they themselves are practitioners of the law. The lawyers and other law enforcement officers will benefit by using the findings of the study as supplementary knowledge to use in cases where domestic laws prove to be insufficient or inapplicable.

Women will also gain something from this study. They will be empowered in establishing a more fair judicial system following the recommendations of the Optional Protocol of CEDAW.

This will give women more chance and hope to defend their rights, bringing them on equal footing.

To the government, the study is deemed beneficial because it helps in creating an improved judicial system, eliminating myths and stereotypes that the Recommendations stated. It gives sufficient ample data to which the government can use to address the concern for the protection of its female constituents rights.

The International Studies Program of the Ateneo de Davao University will benefit from this study because of the additional information this research will yield, expanding their knowledge regarding international conventions and their domestic application. It will also serve as a primer for students when they dissect a legal case related to the international conventions and international law which the curriculum is offering. This will clearly depict how international laws take part in the domestic setting, thus creating a new source of knowledge for the program.

Scope and Limitations The study is a descriptive qualitative study that employed the use of in-depth interview (IDI) as a tool for data gathering. The Karen Vertido Case was used as the benchmark of the study. The recommendations of the OP-CEDAW in response to the complaint filed by Vertido were the focus of the interview. It covered 20 lawyers and judges, practicing or retired, who are knowledgeable of the case. The study was limited to the knowledge, perceptions, and attitudes of these judges and lawyers on the case and recommendations aforementioned. The respondents were limited to a total of 20: 17 lawyers (9 male, 8 female lawyers) and 3 judges (2 male and 1 female). This number was decreased from the original plan of 25 (20 lawyers 10 male and 10 female and 5

judges) due to the respondents busy schedules. The respondents were purposively selected through the snowball method. The study was conducted in Davao City only.

Operational Definition of Terms The following terms have been defined operationally as used in the study:

Knowledge- the awareness of judges and lawyers regarding the Karen Vertido Case

Perception- insight of the judges and lawyers to the recommendations of the OPCEDAW Recommendations regarding the Karen Vertido Case Limitation restrictions/difficulties faced by judicial system, lawyers and judges, and OP CEDAW regarding the progression of the Karen Vertido case Recommendation points of improvement for the judicial system, lawyers and judges, OP CEDAW, media and Non-Governmental Organizations

Socio-demographic - refers to the sex and legal affiliation of the judges and lawyers

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Chapter 2 REVIEW of RELATED LITERATURE This chapter presents related literature on the nature, applicability, and practice of an international human rights instrument to the domestic setting. Also, certain authorities were quoted by the researchers for the purpose of clarity on the subjects of the study related to the inquiries of this study. This part is subdivided into three essential discussions about: Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Optional Protocol on CEDAW (OP-CEDAW) and the Philippine experience related to the International Human Rights Instrument. Optional Protocol of CEDAW A. Discrepancies between global law and local justice The law on human rights ventures to apply universal principles to all situations that are as consistent as possible. The gaps between global perception of justice and specific views in local contexts create a vital problem for human rights practices. Local context is ignored in order to establish global principles. According to Sally Engle Merry (2009), a renowned anthropologist and author of Human Rights and Gender Violence, human rights interventions are framed within a particular vision of social justice based on a neoliberal privileging of choice rather than alternatives that could be more community- based or focused on socialist or religious conceptions of justice. The CEDAW Committee of the human rights mechanisms bravely faces the challenge of applying conventional principles to specific cases. The CEDAW monitoring process dedicated in using CEDAW norms for all situations and resists excuses for violations based on the particularities of local situations.

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The researchers considered the reports in India and Fiji. Merry (2009) criticized certain national, local and cultural practices as oppressive to women. India had been keeping its system of personal laws for different religious communities while Fiji for using traditional reconciliation, the bulubulu procedure for rape. Fijis courts tend to treat rape and indecent assault as reconcilable in the same way as common assault and it is currently the only form of serious crime that can be reconciled. . .the Fijian custom of bulubulu is accepted by the courts as a reason not to impose a charge(CEDAW/C/Fiji/1, 14 March 2001). Another report discusses the problem in Cameroon. The nation still allows discriminative cultural practices relating to female genital mutilation (FGM), levirate marriage, early or forced marriage, and polygamy (CEDAW Report 2000, 55, para. 54). In the book Black Eyes All of the Time: Intimate Violence, Aboriginal Women, and the Justice System by Anne McGillivray, professor of Law and Brenda Comaskey a research associate mentioned that Aboriginal Canadian women were hesitant about turning to courts for help because of the gender discrimination they are experiencing. Furthermore, Dalit women were experiencing serious human rights violations. Landlords use sexual abuse and other forms of violence and humiliation against poor Dali women to inflict lessons.

Raj Kumar (1999), author of Survey of Modern India: Religion and the Freedom Struggle, cited that both Hindu and Muslim women in India were subjected to unjust treatment due to religious norms and he even challenged the religious lawmakers and the government to frame a common civil code. While Nadera Shalhoub Kevorkian, director of the Gender Studies Program at Mada al-Carmel- Arab Center for Applied Research examined how unwilling Israeli police are in helping battered Israeli Palestinian women, translated through the lens of culture and religion. Israeli police officers put national security concerns first and then consider

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domestic violence as a less important problem and should not be given much attention. They believed that violence was an element of their culture and tended to see Israeli Palestinian as belonging to a violent society. In Hungary, as being stated by Katalin Fabian (2009), editor of Domestic Violence in Postcommunist States: Local Activism, National Policies, and Global Forces rape is regarded as an argumentative power statement not a sexual act. Subsequently, the authorities dealt with the cases differently. Nobody take this kind of domestic violence against women seriously not even the police, the judges and the doctors in fact they blame the victims for the incident. The conflict of the desire to maintain religious practices and cultural diversity and the desire to attain progress in terms of equality, uniformity and universality brings contradicting ideas. According to Merry (2009), applying a universalistic framework will overlook local circumstances on the other hand, emphasizing local situations hinder the relevance of universal categories. B. The United Nations Human Rights Treaty System The Optional Protocol of CEDAW, as part of the greater human rights treaty system which establishes the standards for multi-cultural application of human rights, is important in the development of this study. A research conducted by Anne Bayefsky, a human rights advocate, describes the importance of the human rights treaty system. According to Bayefsky (2000), the human rights treaty system is of central importance, particularly for human rights victims, because international legal standards may offer more benefits. The potential to generate remedies, attention and accessibility, where national political will fall short. Bayefsky also notes that, the implementation mechanisms associated with the human rights treaties were designed where in human rights interest interference was at its peak. 13

In her book, The UN human rights treaty system in the 21st century she claimed that: The challenge for the 21st century is to move the theory of universality of international human rights standards towards effective implementation of human rights obligations. Every United Nations member-state is part of the human rights treaty system through the ratification of at least one of the six major human rights treaties, rendering universal participation a reality. Bayefskys study shows how countries got involved to the human rights treaty system and how this system in turn becomes a binding agreement for the signatories. The problem however occurs in its implementation, and this book enlists various effective recommendations for the efficiency of an international law in the domestic setting. The human rights treaty system will provide an alternative and/or additional remedy for the violations committed under the treaties to which it seeks to protect. Enforcing the Charter for the Rights and Freedoms of Women in the Kurdish regions and Diaspora by Kerim Yildiz states that, in contrast to the UN charter mechanisms which are either not legally binding or require permission to be executed, treaties are backed by the norms regulating international law and are therefore legally binding. Yildiz made mention of the four treaty bodies that has a special mechanism (Optional Protocol) in entertaining complaints directly from non-state entities lobbied as a human rights violations under their own respective treaties. The treaty bodies are: Human Rights Committee for ICCPR, Committee on the Elimination of Racial Discrimination for ICERD, Committee against torture for CAT, and the Committee on the Elimination of all forms of Discrimination Against Women for CEDAW. C. The treaty based- mechanism Yildiz (2005) mentioned that the treaty-based mechanism of the United Nations includes four important procedures. This fuels the efficiency and utilization of the international documents and human rights instruments. First, the mechanism includes the making of inquiries, reporting 14

and monitoring Only two conventions (CAT and CEDAW) has this proceeding to conduct inquiries into credible allegations of massive or systematic violations. Second, state parties are required to submit a State Reporting. Upon ratifying a treaty, state parties are required to report on a regular basis to the treaty-monitoring body. However, the Committee presiding on this treaty has no power to enforce these to state parties whos under the obligation on fulfilling it. Another procedure is the Committee or NGO-initiated Reporting. Government, more often than not, misses this report or contains only basic information about it. Due to these, Nongovernmental Organizations were allowed to submit a shadow report on their country which contains a contending view on the states conditions with regards to the treaty compliance. Lastly, it has a Complaint Resource Procedures. Under this process, a complaint for a specific violation on human rights can be made and can demand for remedies from the state concerned. The UN Bodies that cater these complaints, like CEDAW through its Optional Protocol, review the submission of the complaints, and can ask for the state and its government to protect the victim and provide redress for the violation. This makes international law more effective and interactive (Yildiz, 2005). These procedures create an avenue for more violations on all the state parties to be heard. With a check and balance procedure in the government and concerned NGOs, the

treaty-based mechanisms tends to create an extra-window in hearing complaints regarding the human rights violation on women (Yildiz, 2005). D. Standard Rules of Procedure in Filing a Complaint in OP-CEDAW The Optional Protocol of CEDAW serves as both a Complaint-Recourse and ComplaintInformation Procedure as an individual complaint and investigative mechanism (Yildiz, 2005). The individual complaint mechanism is designed so that an individual woman, or group of women, who feels her/their rights have been abused, can submit the details of the 15

discrimination to a committee of experts who will review the case. The Committee will then contact the relevant state and seek a response and ultimately make a decision on the matter. The requirements that the victims have to meet in order to use this part of Protocol on the individual complaint mechanism were mentioned by Yildiz (2005). According to him, the entire claim must be submitted in writing, because there is no oral hearing. Also, the state in which the alleged abuse of rights took place must have been a party to the original Convention and the Optional Protocol the time the abuse occurred (or the violation must continue beyond the date when the state became a party). Another important requisite is that the submission cannot be made anonymous. Each submission must have an identifiable woman or group of women as victim(s) of the abuse. Lastly, all domestic channels must have been exhausted before women can bring a case to the international level. Yildiz states that while individual-complaint mechanism significantly receives more media attention, the investigative procedure may actually end up more interesting and possibly more useful for womens rights. These, along with the investigative procedure, compose the Optional Protocol of CEDAW. E. Complaint Process of the OP - CEDAW Yildiz (2005) explained the process of filing a complaint on the treaty system of UN. Filing a complaint undergoes a strict process and various regulatory requirements to let an individual file a complaint to the treaty body concerned. First, it is highly required to exhaust all the possible domestic opinions, remedies, and rulings before filing an international and individual complaint. Second, the individual making a complaint to the treaty body must be under the jurisdiction of a state that is a party to the relevant treaty. Third, complaint will not be done anonymously, whereas the complainant must be either the victim, the victims representative, or at least if the two aforementioned individual were not able to lobby the 16

complaints due to unwanted circumstances, a third identified party may file the complaint for the victims behalf (Yildiz, 2005).

Cases Filed Under the Optional Protocol

The following are cases filed under the Optional Protocol of CEDAW by individuals who were able to exhaust local remedies and seek justice by holding the state to which they are a part as guilty of women rights violation. This is a case concerning domestic violence, a topic that has had growing recognition as a violation of the human rights of women in the international as well as in domestic courts.

The overarching issue was the positive obligation of the State to take action to eliminate domestic violence, with a focus on the failure of the State party to ensure protection of the human rights of the author from violations by a non-state actor. In its resolution of the case, the Committee drew attention to domestic violence as a wider, societal problem, providing views and recommendations that are applicable to society as a whole. The Committees

recommendations took into account the concrete suggestions of the author, indicating an encouraging start to the communications procedure under the OP on this issue at least (IWRAW, 2009).

A.T. vs. Hungary

Miss A.T. claimed she had suffered severe and regular domestic violence and serious threats to her life by her husband. There had been civil proceedings regarding the husbands access to the family residence and, in September 2003, the Budapest Regional Court had issued a final decision authorizing his return to the property, which the author and the husband owned jointly (IWRAW, 2009).

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The author asserted that since then her physical integrity, physical and mental health, and life were at risk and that she lived in constant fear. A petition for review of the above decision had been submitted to the Supreme Court and was pending in January 2004. There were ongoing criminal proceedings against the husband concerning incidents of battery and assault. While she sought assistance from the courts, the author did not approach a shelter as none in the country could accommodate her and both her children, one of whom is severely brain-damaged. Furthermore, there was no possibility of obtaining a protection/restraining order, as no such orders were available under Hungarian law.

The author claimed violations by Hungary of the Convention Articles 2(a), (b), (e), 5(a) and 16, for failure to provide effective protection from her former common law husband, in breach of its positive obligations under the Convention. In particular, she claimed that the irrationally lengthy criminal procedures against her husband, the lack of protection orders or restraining orders under current Hungarian law, and the fact that he had not spent any time in custody were a breach of the Convention. She sought justice for herself and her children, including fair compensation and the Committees intervention into the intolerable situation, which affects many women from all segments of Hungarian society. As to the nature of this intervention, the author made concrete suggestions for reform of the situation (IWRAW, 2009).

With her initial submission, the author also requested effective interim measures in accordance with Article 5, paragraph 1, of the Optional Protocol. By submission of 20 April 2004, the State party informed the Committee that the Governmental Office for Equal Opportunities established contact with the author in January 2004 in order to inquire about her situation. It turned out that at that time, the author had had no legal representative in the proceedings, and thus the Office retained a lawyer with professional experience and practice in cases of domestic violence for her.

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After several notes, the Committee requested that the author be immediately offered a safe place for her and her children to live and that the State party ensure that the author receive adequate financial assistance, if needed. The State party repeated that it had established contact with the author, retained a lawyer for her in the civil proceedings and established contact with the competent notary and child welfare services.

Dung Thi Thuy Nguyen vs. the Netherlands

The author of the communication, dated December 8, 2003, is Ms. Dung Thi Thuy, resident of the Netherlands. She alleges being victim of a violation by the Netherlands of clause b), second paragraph, Article 11 of the CEDAW Convention.

The author worked as a part-time salaried employee as well as with her husband as a co-working spouse in his company. She gave birth to a child and took maternity leave starting 17 January 1999. The author was insured under the Sickness Benefits Act (ZW) for her salaried employment and, in accordance with Article 29a of this Act, received benefits to compensate for her loss of income from her salaried employment during her maternity leave over a period of 16 weeks.

The author was also insured under the Invalidity Insurance (Self-Employed Persons) Act (WAZ) for her work in her husbands company. On 17 September 1998, prior to the start of her maternity leave, she submitted an application for maternity benefits under the WAZ. On 19 February 1999, the National Institute for Social Insurance (LISV), the benefits agency, decided that, despite her entitlement, the author would not receive benefits during maternity leave for her loss of income stemming from her work in her husbands enterprise. This was because Section

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59 (4) of the WAZ the so-called anti-accumulation clause allows (in cases of concurrent claims for maternity benefits) payment of benefits only insofar as they exceed benefits payable under the ZW. The authors benefits from her work with her spouse did not exceed those from her salaried employment.

The author lodged an objection to the decision in several courts, until the Central Appeals Tribunal confirmed the contested judgment of the Breda District Court. The Tribunal found that Section 59 (4) of the WAZ does not result in unfavourable treatment of women as compared to men. The Tribunal also referred to one of its earlier judgments in which it held that Article 11 of the Convention lacks direct effect.

On 8 May 2002, the author began a second maternity leave (in connection with her second pregnancy) and again applied for benefits. On 4 June 2002 the benefits agency decided that the authors entitlement under the ZW would be supplemented by the difference between her claim under the WAZ and her entitlement under the ZW. Unlike during the previous period of maternity leave, her WAZ entitlement exceeded her ZW entitlement (IWRAW, 2009).

The author claimed that she was a victim of a violation by the State party of Article 11, paragraph 2 (b) of the CEDAW Convention. She contended that this provision entitles women to maternity leave with full compensation for loss of income from their work. The author claimed that women whose income stems from both salaried and other forms of employment only receive partial compensation for their loss of income during their maternity leave. In this respect, the author submitted that pregnancy has a negative effect on the income of this group of women (CEDAW/C/36/D/3/2004).

She claimed that partial compensation for the loss of income does not fulfilled the requirements of Article 11, paragraph 2 (b) of the Convention and amounts to direct

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discrimination of women as a result of their pregnancy.The author asserted that Article 11 of the Convention applies to any conceivable professional activity carried out for payment and referred to legal literature on the Travaux Prparatoires of the Convention to substantiate her assertion. She also considered that the prohibition of discrimination against women means that pregnancy and maternity may not result in a subordinated position of women as compared to men (CEDAW/C/36/D/3/2004).

The author requested the Committee to recommend to the State party, to take appropriate measures to comply with the requirements of Article 11, 2 (b) of the Convention so that co-working spouses or self-employed women on pregnancy and maternity leave are provided with full compensation for loss of income.

The author further asserted that Article 11, 2 (b) provides a right that is open to tangible judicial review and that, under Article 2 of the OP, the Committee has been authorized to decide whether the violation of a certain Convention right may be judicially reviewed in actual cases (CEDAW/C/36/D/3/2004).

A.S. Vs. Hungary Miss A. S., represented by the European Roma Rights Center and the Legal Defence Bureau for National and Ethnic Minorities, claimed to have undergone forced sterilization when she came into the hospital for an emergency caesarean section to remove her dead fetus. On January 2, 2001, the author went into labor pain and was rushed to the hospital. The attending physician pronounced the fetus dead and said that it had to be removed immediately. He then asked her to sign a waiver form that stated, Having knowledge of the death of the embryo inside my womb I firmly request my sterilization [a Latin term unknown to the author was used]. I do not intend to give birth again; neither do I wish to become pregnant. Initially she was

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unaware of what had happened and only found out before she left the hospital. This had profound effects on her faith, being a member of the Catholic faith which discourages any form of contraception, and her ethnicity, believing in the traditional Roma value system that children are integral to the family. On November 22, 2002, her case was rejected by the Fehrgyarmat Town Court on the count that the medical conditions for sterilization prevailed in the authors case and that she had been informed about her sterilization and given all relevant information in a way in which she could understand it, also stating that the author had given her consent accordingly. The Court further viewed as a partial extenuating circumstance towards the defendants negligence the fact that, with the authors consent, the doctors performed the sterilization with special dispatch simultaneously with the Caesarean section. She filed an appeal on December 5, 2002 but it was rejected on May 12, 2003. With all domestic remedies exhausted, she then filed a communication to the Optional Protocol of CEDAW on February 12, 2005

(CEDAW/C/36/D/4/2004). This communication was found admissible and was decided on its merits. The committee agreed that all domestic remedies had been exhausted and found that the facts being the subject of the communication, despite having occurred prior to the entry into force of the OP in Hungary, were of a continuous nature. Moreover, the committee stated a failure of the State Party, through the hospital personnel, to provide appropriate information and advice on family planning, which constitutes a violation of the authors right under the CEDAW. Also, the committee considered that in this case, the State Party did not ensure that the author gave her fully informed consent to be sterilized. Therefore, specific recommendations regarding compensation for the author and on taking further measures in relation to womens reproductive health were made to the State Party. (CEDAW/C/39/D/4/2005)

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Sahide Goekce vs Austria This was a case relating to domestic violence which ended in the death of the victim at the hands of her husband (CEDAW/C/39/D/5/2005). The authors claimed that Sahide Goekce was a victim of a violation by the State Party under CEDAW, when the State Party failed to take appropriate measures to protect Sahidas right to personal security and life and failed to prosecute her husband as an extremely violent and dangerous offender under criminal law. There was also lack of coordination between law enforcement and judicial personnel. The committee held the complaint admissible. The police were found to be accountable for failing to exercise due diligence to protect Sahide Goekce. The committee also stated that the perpetrators rights cannot supersede womens human rights to life and physical and mental integrity and that the public prosecutor should not have denied the request of the police to arrest the perpetrator (CEDAW/C/39/D/5/2005). Fatma Yldrim vs Austria Another related case was a domestic violence which ended in the death of the victim at the hands of her husband. The authors argued that the state party had failed to take appropriate measures to protect Fatma Yildrims right to life and personal security as a victim of domestic violence. Poor communication between the police and the public prosecutor did not adequately allow the prosecutor to assess the danger posed by Fatmas husband. There was a lack of due diligence since the criminal justice system, particularly prosecutors, considered domestic violence as a minor offence. Hence criminal law was not applied to such violent behavior because law enforcement authorities did not take the danger seriously. The committee found that Fatma had made positive and determined efforts to save her life and failure to detain her husband was considered to be a breach of the State Partys due diligence obligation to protect Fatma. Once again, the committee held that a perpetrators basic rights, such as the

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presumption of innocence, private and family life, right to personal freedom cannot supersede womens human rights to life and to physical and mental integrity (CEDAW/C/39/D/6/2005). F. OP-CEDAW in the Philippines The Philippines, a key participant in the treaty-drafting, has implemented various acts and programs with the purpose of upholding the Conventions aims, such as the 2009 Magna Carta of Women. A government agency was established, as mandated by CEDAW, to bolster and monitor the womens rights movement in the country, such as the National Commission on the Role of Filipino Women (NCRFW). Karen Vertido and other cases in the Philippines Karen Vertido, forty-two years old mother and former executive director of the Davao City Chamber of Commerce and Industry, had been a victim of rape by her boss at the night of March 29, 1996. Upon these, after taking a medical exam which proved that she was raped, she filed a complaint in the local court, accusing her boss of abusing her. However, the case was delayed for many years, and it caused the perpetrator to be acquitted in April 26, 2005 due to the verdict issued by Judge Virginia Hofilea-Europa of the Regional Trial Court upon guided by the principles that state: (a) It is easy to make an accusation of rape as it is difficult to prove but more difficult for the person accused, though innocent, to disprove; (b) In view of the intrinsic nature of the crime of rape, in which only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution; and (c) The evidence for the prosecution must stand or fall on its own merits and cannot be allowed to draw strength from the weakness of the evidence of the defense (CEDAW/C/46/D/18/2008).

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The court clearly challenged the integrity of Vertidos testimony. Relying deeply on the Supreme Court ruling, it states that the failure of the victim to try to escape does not negate the existence of rape, it concluded that that ruling could not apply in this case, as the Court did not understand why the author had not escaped when she allegedly appeared to have had so many opportunities to do so. Vertido could not find justice under the Philippine legal system, and she was determined to seek an alternative to vindicate herself and her struggle for justice. This led her in lobbying a complaint to the Optional Protocol of CEDAW, and in July 16, 2010 she found her justification in the light of justice as the State, Republic of the Philippines, were held accountable for the negligence in the due process of law with regards to her case (CEDAW/C/46/D/18/2008). Simone Cusack, an independent human rights consultant and Alexandra S. H. Timmer, a PhD candidate at the Human Rights Centre of Ghent University, Belgium stated that in her complaint before the committee, Vertido specified seven myths that the Davao Regional Trial Court revealed when it acquitted Custodio. The seven myths are the following: (1) A rape victim must try to escape at every opportunity; (2) To be raped by means of intimidation, the victim must be timid or easily cowed; (3) To conclude that a rape occurred by means of threat, there must be a clear evidence of a direct threat; (4) The fact that the accused and the victim are more than nodding acquaintances" makes the sex consensual; (5) It is problematic when a rape victim reacts to the assault by resisting the attack, and also by cowering in submission because of fear; (6) The rape victim could not have resisted the sexual attack if the accused were able to proceed to ejaculation and (7) It is unbelievable that a man in his sixties would be capable of rape.

Case(s) in the Philippines

The Vizconde Case 25

A prime example of delay in the Philippine judicial system is the case of the infamous Vizconde Massacre. On the morning of June 20, 1991 the three women of the Vizconde household were found murdered in their home in Paraaque. Two years later, Hubert Webb, the suspected mastermind, and three other suspects were arrested. It was only 4 years after that an eyewitness emerged to give context to the crime; the eyewitness, a self-confessed drug addict submitted several testimonies that baffled the court. Finally, on January 6, 2000, the

accused were sentenced to life imprisonment; this verdict came eight-and-a-half years after the crime. In the years to come, the defense produced documents and were able to present 95 witnesses; the prosecution presented only 7. The case was reopened on April 22, 2010 when the Supreme Court unanimously granted the accuseds request to examine the forensic examination of the evidence specifically, the DNA testing of the semen specimen taken from the body of one of the rape-slay victims. Four days later, the National Bureau of Investigation admitted that they had turned over the specimen to the Paraaque RTC back in 1996. The Paraaque court staff reported to the Supreme Court that the specimen was not in their custody - the specimen-in-question had gone missing. Ten months later, on December 14, 2010, Webb and six of his cohorts were acquitted. First Deaf Case Angelo Garcia (2011) Silent victims. Manila Bulletin Publishing Corporation, Retrieved In June 2011, under the supervision of Atty. Evalyn Ursua (who served as Vertidos lawyer for the duration of her case), the graduate class of the Women and Law of the University of the Philippines College of Social Work and Community Development (UP CSWCD) filed a communication inspired by the Karen Vertido case. The victim is the first Filipino woman with disability to bring her case to the CEDAW. The case involves a woman person-with-disability 26

(PWD) who was allegedly raped in 2006 as a minor, at the age of 16 years old. The court acquitted her perpetrator earlier this year, five years after the case was filed. The communication that we filed is the first case of a person with disability. Karen Vertidos case is our basis. The same situation, theres no local legal remedy at this point. Its a little bit worse because she was a minor, she has a disability, explains Women and Law student and Philippine Deaf Resource Center (PDRC) director Liza Martinez. OP-CEDAW Recommendations on Vertidos Case Guided by Article 7, paragraph 3, of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Committee stated that the State party has failed to fulfill its obligations and has thereby violated the rights of the author under article 2 (c) and (f), and article 5 (a) read along with Article 1 of the Convention and general recommendation No. 19 of the Committee. It also set forth the following recommendations to the State party, the Philippines (CEDAW/C/46/D/18/2008). The first recommendation deals with the reparation done by the state party involved to the author (Vertido) of the communication as to Vertidos case, the state party was recommended to provide appropriate compensation commensurate with the gravity of the violations of her rights (CEDAW/C/46/D/18/2008). The second recommendation was emphasized in the communication that was addressed for the state party, Philippines. According to the communication sent by CEDAW, the state party must take effective measures to ensure that court proceedings emphasized by the involving rape allegations are pursued without undue delay. Another is that, it must ensure that all legal procedures in cases involving crimes of rape and other sexual offenses are impartial and fair, and not affected by prejudices or stereotypical gender notions.

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To achieve these, a wide range of measures are needed, targeted at the legal system, to improve the judicial handling of rape cases, as well as training and education to change discriminatory attitudes towards women. This measure includes reviewing of the definition of rape in the local legislation so as to place the lack of consent at its center. Also, it also seeks to remove any requirement in the legislation that sexual assault be committed by force or

violence, and any requirement of proof of penetration, and minimize secondary victimization of the complainant/survivor in proceedings by enacting a definition of sexual assault that either: i.) Recommends the existence of unequivocal and voluntary agreement and requiring

proof by the accused of steps taken to ascertain whether the complainant/survivor was consenting; or (ii.) Recommends that the act take place in coercive circumstances and includes a broad

range of coercive circumstances. (iii) Recommends appropriate and regular training on the Convention on the Elimination of its Optional Protocol and its general

All Forms of Discrimination against Women,

recommendations, in particular general recommendation No. 19, for judges, lawyers and law enforcement personnel; (iv) Recommends appropriate training for judges, lawyers, law enforcement officers and

medical personnel in understanding crimes of rape and other sexual offences in a gendersensitive manner so as to avoid re-victimization of women having reported rape cases and to ensure that personal mores and values do not affect decision-making

(CEDAW/C/46/D/18/2008).

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The Philippine Judicial Academy The Philipine Judicial Academy (PHILJA) was created by the Supreme Court, under the leadership of then Chief Justice Andres R. Narvasa (Administrative Order No, 3-06 on March 12, 1996), and mandated through RA 8557 on February 26, 1998. The law established PHILJA as a training school for justices, judges, court personnel, lawyers, and aspirants to judicial posts. The Academy has Special Focus Programs designed to assist judges handling specific cases. One such program is the Seminar-Workshop on CEDAW, Gender Sensitivity and the Courts. The program conducts training and capacity building seminars for the entire judiciary personnel. The program is conducted by the Committee on Gender Responsiveness in the Judiciary (CGRJ). According to Executive Director of the Mandatory Continuing Legal Education Office of the Supreme Court of the Philippines Myrna S. Feliciano, the CGRJ aims to create a judicial system that is sensitive and responsive to gender equality and empowerment in all its policies, programs and activities. Aside from training and capacity-building, Committees tasks include the conceptualization of a gender-responsive database, the promotion of the use of gender-fair language, and partnership with other GAD Advocates. In 2010, the Academy published a compilation of the Laws, Rules and Issuances on Cases involving Family, Domestic Relations, Women and Children. The role of PHILJA in the gender mainstreaming is greatly recognized by the proponents as one of the enforcers of inserting gender studies to legal personnel they are educating (PHILJA, 2002). Womens Development Code of Davao City According to Estrella R. Turingan (2000), Regional Head of National Statistical Coordination Board XI , The Women Development Code of Davao City, otherwise known as Ordinance 5004, is a set of legislative measures approximating the International Human Rights 29

Law framework, the Convention and Elimination of Discrimination against Women, womens convention, and United Nations declaration on violence against women, Philippine Constitutional framework and current Philippine laws on Women and Gender and the Davao City Childrens Welfare Code. Research and consultations were delivered with women in different sectors drafting the ordinance. The Sangguniang Panlunsod of Davao City approved this code on October 14 1997. The rules and regulations were approved by Davao City Mayor, Benjamin de Guzman through Executive Order No. 24 on July 17, 1988. It attempts to address the issues, problems, and needs and concerns of women in Davao City. The purpose of the said ordinance was to raise consciousness and advocacy for the protection and empowerment of women in Davao City, and for setting the penal provisions for violators of womens rights. The general objective of the project is to strengthen civil societys participation in governance through a multi-sectoral monitoring approach (Turingan, 2000). The detailed objectives were: 1. To monitor the gender responsiveness of the legal, health, and social programs and

services of the local government units utilizing the indicators and guidelines developed in the first phase of the project, 2. To sensitize various government officials and employees focusing on the judiciary on the

code and gender related issues and concerns. 3. To provide opportunities for feed-backing of monitoring result to concerned local

agencies. 4. To initiate public discourse among stakeholders in the implementation of the code.

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5.

To strengthen NGO participation in the Davao City monitoring committee. And to provide

policy makers and program implementers, gender responsive data and information. The ordinance clearly seeks for gender mainstreaming, empowerment, and formulation of gender-sensitive policies. Also, the monitoring on the implementation of laws in the locality is deemed essential. Barriers in the Judicial Process According to the framework on gender bias in the justice process created by Atty. Edna E. Dino in her paper The Experience of the Philippine Judiciary in the Generation and Gathering of Sex-Disaggregated Data, there are multiple stages that serve as barriers hindering women from fully accessing their right to justice. Even prior to a woman filing a case, she already experiences discrimination through the interaction with her family members and coworkers. During the adjudication process (in which the investigation, prosecution, decision and appeal for the case are held), there are manifestations of gender bias, this include double victimization, sexist treatment and under-representation of women .The presence of these gender biases open up the possibility for the creation of inappropriate judicial remedies. In the Karen Vertido case, the causes of the prolonged adjudication process included the fact that there were several changes to the trial court judges and the accused filed numerous motions before the appellate courts. Manifestation biases were evident in Judge Europas verdict: 1. it is easier to accuse a person of rape than to prove oneself innocent of the crime 2. By which the very fact that only two persons are involved in the crime of rape, the testimony of the complainant must be scrutinized with extreme caution 3. The evidence for the prosecution cannot be allowed to be drawn strength from the weakness of the evidence of the defence. Also, the Court could not find it feasible that the defendant failed to escape, given that she allegedly had many oppurtunities to do so (CEDAW/C/46/D/18/2008). 31

Written in the article New Hope for Victims of Rape by lawyer, scholar and feminist activist Alda Facio : Mae Buenaventura of the Womens Legal Bureau of the Philippines, in her presentation during the fourth consultation on the potential of the OP-CEDAW in Nepal said that Vertidos case was dismissed due to lack of probable cause. Judge Europa cited that the evidence presented by the prosecution leaves too man doubts in the mind of the court to achieve the moral certainty necessary to merit a conviction, pointing out the alleged lack of credibility in Vertidos testimony.

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Chapter 3

METHODOLOGY This chapter presents the procedures used by the researchers to address the inquiries of this study. This part includes: The research design, locale of the study, unit of analysis, sampling procedure, variables and measures, data collection procedure, and data analysis of the entire study. Research Design This study is descriptive in nature as it determined the knowledge and perceptions of Davao City lawyers and judges. It employed qualitative methods in obtaining data particularly through in-depth interviews. Locale of the Study The study was conducted in Davao City, in places where the lawyers and judges preferred to be interviewed and at their most convenient time. Unit of Analysis The respondents of this study were lawyers and judges who are knowledgeable about the Karen Vertido case, the complaint she sent to the Optional Protocol of CEDAW and the recommendations of the OP-CEDAW. Sampling Procedure The study employed a Purposive Quota Sampling in the selection of lawyers and judges as respondents. A total of 20 respondents were interviewed for the study. They comprised of nine male lawyers, eight female lawyers and three judges. Snowball method was used in determining the said respondents. 33

Data Collection Procedure A pre-test with a lawyer was conducted to determine the efficiency of the questions that were included in the questionnaire. The data collection was done through an in-depth interview. It began through the identification of socio-demographic characteristics of the respondents. Their knowledge, perceptions and attitudes towards the compliance of the Philippines to the recommendations set by the Optional Protocol of CEDAW were determined. Throughout the interview, the researchers used an in-depth interview guide to ensure that the necessary data needed will be gathered. The researchers prepared a formal letter requesting the law firms or offices permission to carry out interviews on their members. The data gathering process was conducted only after the approval of the request. All respondents were confidential respondents known only to the researchers and each respondent was interviewed in their respective law firms office. With the respondents consent their answers were logged into a voice recorder. Data Analysis The data was analysed thematically. Direct quotations and related literature were also used to analyse the data.

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Chapter 4

DATA PRESENTATION, ANALYSIS AND INTERPRETATION

This chapter includes the analysis and interpretation of data in the study based on the statements of the problem. The socio demographic profiles of the respondents are on the first part of this chapter as well as the descriptions of each variable. The second part presents the descriptive analysis and interpretation of the knowledge, perceptions and attitudes of the respondents in relation to the recommendations of OP-CEDAW on the basis of their answers in the questions asked during an in depth interview. Socio Demographic Profile of the Respondents The socio demographic profile of the respondents includes their sex and job description. Sex. There were 17 lawyer respondents. Nine (9) are male lawyers while 8 are female lawyers. For the judge respondents, there were three, two are male and one is female. Nature of Job. There were 4 civil lawyers, 3 corporate lawyers, 4 teaching lawyers, 5 human rights advocates and a public defender. For the judge respondents, two are Regional Trial Court (RTC) judges and a Municipal Trial Courts in Cities (MTCC) judge. I. KNOWLEDGE Karen Vertido Case. The respondents were asked whether they know the Karen Vertido case. All respondents know that the Karen Vertido is a case involving rape.

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a. Facts about the Case

According to some respondents:

March 1996 yun, matagal-tagal na rin. Si Karen nasa loob ng car ni Custodio but a friend of Custodio was with them pero maaga bumaba sa kotse yung friend ni Custodio so sila nalang dalawa. After this Custodio drove to a motel at nagsimula na ang lahat. (It happened on March

1996, it's been quite some time now. Karen was in the car of Custodio but a friend of Custodio was with them. but then Custodio's friend got off early so only the two (Vertido and Custodio) of them were left in the car. After this Custodio drove to a motel and that's where everything started.) - Female judge 1
Karen and another businessman was in the car of Custodio, Vertidos boss. The rape happened in the motel. As the other businessman was being dropped somewhere, then Custodio drove to the motel.- Female

lawyer 4
I think pauli na ug balay si Karen then she was offered by her boss na ihatod nalang daw She entered the car pero tulo pa sila that time tapos after nagbaba ang friend ni JBC, nagmotel na sila.(I think Karen was

about to go home then she was offered a ride by her boss. She entered the car but they were three at that time then after JBCs (Jose B. Custodio) friend got off, they went to the motel.)- Male lawyer 8 Rina Jimenez-David, an opinion columnist for the Philippine Daily Inquirer discussed that It was fourteen years ago, on March 29, 1996, Karen Vertido entered the car of a well-known businessman, Jose Custodio who had offered to take her home after a meeting. Since the businessman was a primary figure in the Davao Chamber of Commerce, where Karen worked as executive director she felt no reason to distrust the man, especially since another businessman was accompanying them. Soon after the other man got off the car, the businessman made a detour and drove to a motel where he subsequently raped Karen. Five (5) out of 20 respondents recalled and mentioned the incident. b. Time

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CEDAW Committee found that it was an undisputed fact that the case remained at the trial court level from 1997 to 2005. It considers that for a remedy to be effective, adjudication of a case involving rape and sexual offenses claims should be dealt with in a fair, impartial, timely and expeditious manner (CEDAW/C/46/D/18/2008). Eight (8) out of 20 respondents said that the case remained at the trial court level from 1997 to 2005. Simone Cusack, an independent human rights consultant and Alexandra S. H. Timmer, a PhD candidate at the Human Rights Centre stated that the trial became extensive because the trial court judge was changed several times, three judges recused themselves from the case and finally in September 2002, the case was referred to Judge Virginia Hofilea-Europa. Fourteen (14) out of 20 respondents did state that the case was referred to Judge Virginia Hofilea-Europa. c. Motives Eight(8) out of 11 male respondents explained that during the trial, Custodio claimed that he had a relationship with Karen during that time and therefore, it was their mutual decision to go the motel, where the rape apparently happened.

Sa aking pagkaka-alam, Custodio claimed na mag-syota daw to sila ni Vertido. Sinabi niya sa korte na hindi niya pinilit si Karen na pumunta sa motel eh lalo na sa kwarto. He said to the trial court that there was no rape and kulang naman din ang mga evidences and so nanalo sa kaso itong si Custodio. ( What I know Custodio claimed he has a

relationship with Vertido. Custodio defended that he never forced Karen to go to the motel especially to the room. He said to the trial court that there was no rape and that due to lack of evidences, Custodio won the case.) Male lawyer 7
It is important to know that Custodio admitted to the court that they had an affair he said that it is both their decision to be in the room, the room in motel.- Male lawyer 2 Ang ingon ni Custodio, uyab man na sila ni Karen. Walay rape kay he never forced Vertido to enter the motel and the room. Silang duha nagdecide na mu-adto sila sa motel. Well, yan ang sinabi niya sa judge.

(According to Custodio, Karen and he were in a relationship. There is no rape because he never forced Vertido to enter the 37

motel and the room. The two of them decided that they will go to the motel.) Male lawyer 9
Kung ako lang, I believe there was no rape I think mas maraming ebidensiya si Custodio compared to Vertido ano. Ewan ko lang pero if we base it on the evidences then mahirap paniwalaan ang mga pinagsasabi ni Karen.(For me, I believe there was no rape, I think

Custodio has more evidences compared to Vertido. I dont know but if we base it on the evidences then it is hard to believe what Karen is saying.) Male lawyer 1 Randy David, a journalist, sociologist and a weekly newspaper columnist for the Philippine Daily Inquirer pieced the narrative of Custodio from the transcript of the stenographic notes taken during the preliminary investigation of the case. David noted, In the car, they (Vertido, Custodio and another businessman) talked about a forthcoming trip to Manado, Indonesia, and the possibility that Karen might be able to join this tripThey held (Custodio and Vertido) hands while he drove. Because she seemed receptive to his naughty advances, he decided not to drive her home but to proceed to a motel He (Custodio) suggested to her (Vertido) that they begin a longer relationship, in which they can help each other. At the motel room, she promptly took off her clothes and waited for him to undress

Only 3 out of 9 female respondents shared that Custodios claim is more believable. This only shows that most of the respondents who are unconvinced that there was rape were male respondents regardless the fact that in the trial, an expert in victimology and rape trauma, Dr. June Pagaduan Lopez, testified that having counselled Karen Vertido for 18 months prior to her testifying in court, she had no doubt that Vertido was suffering from post-traumatic stress disorder as a result of a rape (CEDAW/C/46/D/18/2008). Parties involved. The respondents were asked what they can say about the parties involved.

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a. Karen T. Vertido Karen Vertido is the first woman from Asia to submit a complaint under the communication procedure of the Optional Protocol ( " C e d a w i n A c t i o n i n S o u t h e a s t A s i a " ) . Fourteen (14) out of 20 respondents know that Vertido is the first Asian to use the communication procedure however no one mentioned that the Vertido Case was the first case brought from the Asia-Pacific region under the Optional Protocol and the first ever on rape decided under the Optional Protocol ( " C e d a w i n A c t i o n i n S o u t h e a s t A s i a " ) .
Being raped was not a choice and obviously she was forced to it. And even if she is the victim, she got the painful part of the deal. Sa totoo lang, I see Karen as a career woman, you know, well-educated. Between her and her rapist, she was considered as the bad person, the whore, adulteress as the media in her own hometown called her. See? Gaano kasakit? Career woman nga siya pero ang tingin ng lahat sa kanya ay malandi at masama. (Being

raped was not a choice and obviously she was forced to it. And even if she is the victim, she got the painful part of the deal. Honestly, I see Karen as a career woman, you know, well-educated. Between her and her rapist, she was considered as the bad person, the whore, adulteress as the media in her own hometown called her. See how hurtful? Yes she was a career woman but everyone sees her as flirtatious and bad.) Female lawyer 6

The response corresponds to the statement of Alda Facio a jurist, writer and an international expert on womens human rights, gender violence and gender analysis stated Karen Vertido is a successful career woman until the rape on March 29, 1996, is being legally assisted by Filipino lawyer Evalyn Ursua, and the well-known Womens Legal Bureau of the Philipines. Six (6) respondents mentioned Evalyn Ursua while 5 out of 20 respondents, all were female mentioned Womens Legal Bureau of the Philippines. This only means that female respondents are more familiar with Womens Legal Bureau of the Philippines. b. Vertidos private life
As you know, Karen lost her job after the incident very unfair in the part of Karen for she is now jobless and I came to know that she was replaced by someone, a man. This man is believed to be paid twice the salary of

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Vertido just to ensure that ..alam niyo na the incident will not happen again. So parang ang na-trauma pa ata ay itong si Custodio. ( As you know,

Karen lost her job after the incident very unfair in the part of Karen for she is now jobless and I came to know that she was replaced by someone, a man. This man is believed to be paid twice the salary of Vertido just to ensure that the incident will not happen again. So its like the one who got traumatized was Custodio.) - Female lawyer 3
Fact is kilala ko talaga yung husband ni Karen. Actually nung nalaman ng buong Davao yung pangyayari at kaso dahil nga sa media umalis si Karen dala yung dalawa nilang anak. Pero nagpaiwan itong kaibigan ko, yung husband ni Karen kasi nga may trabaho, di niya pwede pabayaan. ( In fact

I know Karens husband. Actually, when Davao found out about the incident and the case because of the media Karen together with their two children went to Manila. But my friend stayed in Davao because of his work, he cant afford to leave his job.) Male lawyer 4

Written in the article UN womens committee faults RP for junking rape case, the author and journalist Jerrie Abella stated that Vertido lost her job and that a man was hired with a double amount of Vertidos salary so that there will be no repeat of the incident. Vertido with her two children moved to Manila because they had become publicly recognizable in Davao, despised by the public for accusing a respected businessman of rape. Mr. Vertido, Karens husband was required to stay in Davao City because of his job and so the couple had to endure a commuter marriage.

c. Alleged Relationship
AhKaren Vertido? yung may relasyon dati kay Custodio na bigla nalang na-rape. Alam niyo may mga kaibigan nga akong close kay Custodio at sinabi sakin na talagang may relasyon nga yung dalawa. Sikat yang kaso na iyan, wala atang lawyer na di alam ang Vertido Case ( Ah, Karen

Vertido, the one who had a relationship with Custodio before that was suddenly raped. You know, I have friends who are close to Custodio and they are the one who told me that they had a relationship. The Karen Vertido Case is a famous case, I think there are no lawyers who do not know the case.) Male lawyer 5
Vertido Case became familiar because it is a unique case considering the parties involved. It is my first time to hear someone who got rape in a motel. Honestly, I think that it is impossible and come on, everybody knows they had an affair before.- Male lawyer 1

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Many knew that Custodio and Vertido had an illicit affair. They are two people who are well educated and everyone got shocked that Vertido filed a case against his boss nang ganun na lang and at same time who was considered to be her lover Many people, including me cannot believed that Custodio can do suchit is kababuyan in our language. So I think yes the case is kinda famous because of the people involved. (Many knew that

Custodio and Vertido had an illicit affair. They are two people who are well educated and everyone got shocked that Vertido filed a case against his boss just like that and at the same time who was considered to be her lover Many people, including me cannot believed that Custodio can do suchit is an act of lasciviousness in our language. So I think yes the case is famous because of the people involved.)- Female lawyer 2 Ten (10) respondents said that the case was well-known because of the parties involved. This means that both parties are high profile while 15 out of 20 respondents believed that Custodio and Vertido have a relationship during those times (March 1996). d. Custodios Acquittal
Court decisions will be really based on facts and strong evidences and not just hear say. For me I dont want to be one sided but the evidences are really important here , I am not saying that I know the truth because I was not there and both parties can liebut if you are the judge it is lawful that you judge based on the presented facts and evidences. It just so happen that there was no enough evidence against Custodio.-Female

lawyer 5
Karens grief continued when the court found Custodio not guilty of rape, and who will believe her? She aint got any evidences to prove herself. Kasi sa korte talaga ebidensiya ang basehan hindi mga sabi-sabi.

(Karens grief continued when the court found Custodio not guilty of rape, and who will believe her? She aint got any evidences to prove herself. Because in the court evidences are really the basis and not hearsay.)-Male lawyer 8

Three (3) judges and 12 out of 17 lawyers did mention about the lack of evidences against Custodio. David (1996) stated that court decision will be really based on the facts and evidences presented by both parties. The accused, Custodio was acquitted because there were no enough evidences that the crime happened.

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e. Jose B. Custodio
Si Custodio is a really respected man, siyempre may position eh, at mayaman. Alam mo naman sa ating bansa, pag may pera, may kapangyarihan and president ng Chamber of Commerce kaya madami talagang nagulat nung pumutok ang balita na may rape na nangyari.

(Custodio is really a respected man, of course he has position and wealthy. You know here in our country, if you have money then you have power and he is the president of the Chamber of Commerce so many got shocked when the news came out that the rape incident happened.) Female Judge 3
For your information Jose Custodio was the president of Davao City Chambers and Industry and he was also the Davao Senate President of the JCI, that was on 1980s, di ko lang maalala yung exact year no?... kaya nga respetado siya ng lahat and to think businessman din yan. He is really rich and influential, eh sigurado na ang mga kaibigan niya ay mga big time rin. Many knew him this way and so walang naniniwala na may kasalanan si Custodio. He is so decent and reputable in the eyes of many. Many knew him this way and so walang naniniwala na may kasalanan si Custodio. (For your information Jose Custodio was the

president of Davao City Chambers and Industry and he was also the Davao Senate President of the JCI, that was on 1980s, I just cannot remember the exact year..that is why he is respected by everyone and to think he is also a businessman. He is really rich and influential, Im sure that his friends are high profile. Many knew him this way and no one believes that Custodio committed a crime. He is so decent and reputable in the eyes of many.) -Male lawyer 7 All the respondents said that Jose Custodio, the 60-year old boss of Vertido was really influential in the business industry. As journalist, Gina Misson (2010), described both parties; Vertido was the executive director of the Davao Chamber of Commerce (DCC), which won the "Most Outstanding Chamber of Commerce" under her leadership in 1995 and Jose Custodio, a very wealthy and politically influential man in Davao, who also happened to be the past president of DCC and 1983 Senate President of JCI (Junior Chamber International). Optional Protocol of CEDAW. The respondents were asked what they know about the OPCEDAW. a. Human Rights Treaty
OP-CEDAW, its a human rights treaty made for women, it removes discrimination against women in their private and public, social life

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and it sanctions discrimination committed by any individual, government officials and non-governmental or groups of individuals. It basically removes discrimination against women in different aspects of their lives. Female Judge 1 Ang Optional Protocol para tong legal instrument, something like a mini convention siguro, related to an existing convention or covenant yung CEDAW which deals with different points na hindi na-cover ng convention or covenant. It strengthens national womens rights machinery kasi it eliminates violations against human rights, lalo na ang womens rights.( The Optional Protocol is like a legal

instrument, something like a mini convention related to an existing convention or covenant, the CEDAW which deals with different points that are not covered in the convention or covenant. It strengthens national womens rights machinery because it eliminates violations against human rights, especially womens rights.)- Male lawyer 6
Basically, ang OP-CEDAW is a treaty na tumutulong para matanggal ang diskriminasyon sa mga kababaihan. Sakop nito ay maraming sektor, economic, social, sa civil at political rights.(This treaty seeks

to eliminate discrimination against women. It includes many sectors, economic, social, as well as civil and political rights). Male lawyer 3
The Optional Protocol of CEDAW is a human rights treaty, by this, the recommendations and findings of Committee can be used to raise awareness and somehow mobilise women to demand their rights. It is a treaty that cross-cut in all fields, civil, cultural, economic, political, private, public spheres, etc. Female lawyer 4

Optional Protocol of CEDAW is a that treaty seeks to: Eliminate discrimination against women in the exercise of their economic, social and cultural rights as well as civil and political rights; Eliminate discrimination against women in public and private or family life; and sanction discrimination perpetrated by both government officials and non-governmental individuals, groups or enterprises ( " C E D A W K n o w l e d g e R e s o u r c e " ) . Seventeen (17) out of 20 respondents cited that they know OP-CEDAW as a human rights treaty that complements the CEDAW Convention. Basing it on the number of respondents, this shows that most of the respondents have basic knowledge about the OPCEDAW.

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b. Article 2 and 8 of OP-CEDAW


Yes of course I know those procedures, sa mga procedures na ito kailangan unang-una, yung state ay party ng CEDAW, pati ng protocol. Sa Inquiry procedure lahat ng findings and recommendations ay para sa State party, after receiving the recommendation or whatsoever the state is required to respond. May deadline din yan, around 6,7 or 8 months ata? Just check it cause Im not that sure. At itong Communications Procedure na ito, this is the one Karen Vertido used. This can be used if yung country mo mismo ay nag-violate ng womens rights meaning walang nagawa yung country mo for you, to defend your rights specifically womens rights. ( Yes of course I know those

procedures, in these procedures , first of all it is needed that the state is a party of CEDAW and the protocol. In the Inquiry procedure all of the findings and recommendations will be transmitted to the State party, after receiving the recommendations or whatsoever the state is required to respond. There is also a deadline, around 6, 7 or 8 months I guess? Just check it cause Im not that sure. And the Communication Procedure, this is the one Karen Vertido used. This can be used if your country has violated womens rights meaning your country wasnt able to do something to defend your rights specifically womens rights.) - Female lawyer 5
What is good about this Inquiry Procedure is that this allows CEDAW to investigate the state party. Sa mga oras ng insidente for example mass killing ng mga women activist or di kaya mga gang rape or any crime commited against women in a large-scale. The inquiry procedure, the Committee of CEDAW I mean has the right to question, to investigate the country and so nakakatulong ito sa mga women. Yung isa naman the communication procedure, it is more of filing complaints against violations commited by the state. Mas mahaba ang procedure netong communication procedure. (What is good about this Inquiry

Procedure is that this allows CEDAW to investigate the state party. At times of incidents for example mass killing of women activist or gang rape or any crime committed against women in a large-scale. The inquiry procedure, the Committee of CEDAW I mean has the right to question, to investigate the country and so it is helpful to women. The other one is the communication procedure; it is more of filing complaints against violations committed by the state. The procedure in communication procedure is longer.) Male lawyer 6
The Inquiry procedure, based on what I know lang is a mechanism setup under OP-CEDAW with the consent of the State Party siyempre, the Committee may visit the State Party mismo. Yung committee can observe then mag-investigate about any crime against the rights of the women that were committed by the stateLahat ng resulta sa nagawang investigation and some comments na rin will be passed to the State party concerned.(The Inquiry procedure, based on what I

know is a mechanism set-up under OP-CEDAW with the consent of the State Party of course, the Committee may visit the State 44

Party itself. The committee can observe and investigate about any crime against the rights of the women that were committed by states. All the results following the investigation and also some comments will be passed to the State party concerned.) Female lawyer 1
To avail the communication procedure, like Karen Vertido diba it should be first in writing. Lahat dapat ng importanteng detalye, the dates, the facts, etc everything that is related and will prove na may nangyaring sexual offense or rape as for the case of Karen should be included in the complaint. At pinaka-importante sa lahat ay it is required na lahat ng remedies na maaaring gamitin ay nagamit na, meaning there is no other way but to use the procedure. (To avail the communication

procedure, like Karen Vertido it should be first in writing. All important details, the dates, the facts, etc everything that is related and will prove that there is sexual offense or rape as for the case of Karen should be included in the complaint. Most importantly, it is required that all remedies that can be used were already been used, meaning there is no other way but to use the procedure.) - Male judge 2
The communication process actually ay di kailangan galing talaga sa biktima. We should know that someone on behalf of the victim can also avail this mechanism, with or without the consent of the victim kasi there are some situations na unique and the CEDAW is open to these circumstances. Provided na nandun lahat ng kailangan ng Committee ng CEDAW and it should be written ha, then that someone can work on the communication. (The communication process should not

necessarily come from the victim. We should know that someone on behalf of the victim can also avail this mechanism, with or without the consent of the victim because there are some situations that are unique and the CEDAW is open to these circumstances. Provided that everything that is needed is already there and it should be written then that someone can work on the communication.) Female lawyer 3 Article 2 of the OP-CEDAW provides a Communications Procedure which allows either individuals or groups of individuals to submit individual complaints to the Committee. Communications may also be submitted on behalf of individuals or groups of individuals, with their consent, unless it can be shown why that consent was not received. Whereas Article 8 establishes an Inquiry Procedure that allows the Committee to initiate a confidential investigation by one or more of its members where it has received reliable information of grave or systematic violations by a State Party of rights established in the Convention. Where warranted and with the consent of the State Party, the Committee may visit the territory of the 45

State Party. Any findings, comments or recommendations will be transmitted to the State Party concerned, to which it may respond within six months (OP-CEDAW, 2008). All respondents are knowledgeable about the Communications Procedure and Inquiry Procedure.

c. CEDAW and OP-CEDAW


Walang OP-CEDAW kung walang CEDAW. Ang OP-CEDAW ay di gumagawa ng bago and additional na karapatan, what it creates are procedures ibat ibang paraan para ma-address at gawing tama ang mga mali. ( Without CEDAW there will be no OP-CEDAW. The

OP-CEDAW does not create new substantive rights. It creates procedures for addressing and rectifying violations of rights established in the CEDAW.) Female lawyer 8
CEDAW was approved in 1979 by the UN GA, United Nations General Assembly. The CEDAW is an international human rights treaty that focuses on global womens rights and issues. So together with this CEDAW is the Optional Protocol, Ito na yung OP-CEDAW na sinasabi niyo , the OP creates mechanisms to ensure the implementation of CEDAW by providing an opportunity for specific compensation in individual cases, when a state violates womens rights. Under this CEDAW, is a committee that emphasizes the need for more effective remedies at the national level. And I know na alam niyo na ang Philippines is a signatory to the CEDAW. CEDAW was approved in 1979 by the UN GA, United Nations General Assembly.( CEDAW was

approved in 1979 by the UN GA, United Nations General Assembly. The CEDAW is an international human rights treaty that focuses on global womens rights and issues. So together with this CEDAW is the Optional Protocol, this is the OP-CEDAW you are talking about, the OP creates mechanisms to ensure the implementation of CEDAW by providing an opportunity for specific compensation in individual cases, when a state violates womens rights. Under this CEDAW, is a committee that emphasizes the need for more effective remedies at the national level. And I know that you already know that Philippines is a signatory to the CEDAW. CEDAW was approved in 1979 by the UN GA, United Nations General Assembly.)- Female lawyer 2 OP-CEDAW is a human rights treaty that complements the CEDAW Convention. The human rights guarantees established by the CEDAW Convention are far-reaching. Only State parties to the CEDAW Convention can become state parties to the OP-CEDAW. A State has to ratify or accede to the OP-CEDAW in order to become bounded by it (CEDAW/C/46/D/18/2008). Ten (10) respondents emphasized the same statement.

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Whereas Twelve (12) out of 20 respondents mentioned that a state is not obliged to ratify OP-CEDAW, this is in support of the book, Enforcing the Charter for the Rights and Freedoms of Women in the Kurdish Region and Diaspora of K. Yildiz (2005). It was specified in the book that the OP-CEDAW is an optional undertaking and state parties to the CEDAW Convention are not required to ratify or accede to the OP-CEDAW. They can, however, be encouraged to do so by civil society or NGO campaigns for ratification. Moreover, the Communications Procedure and Inquiry Procedure are not mutually exclusive to ratify. Yildiz also mentioned about CEDAW Convention and the OP-CEDAW acting as a pair.

Complaint mechanism availed by Karen Vertido on the OP-CEDAW. The respondents were asked to share their knowledge on the communication procedure availed by Karen Vertido on the OP-CEDAW. a. Seven Myths
As I can remember nasabi ni Vertido na ang biktima di kailangan tumakas sa lahat ng oras, tapos may na i-complain siya about ejaculation matter and yung about sa edad ni Custodio, kasi bakit kung 60 years old na yung tao di na ba kayang makipagtalik at mang-rape? ( As I can

remember Vertido said that a victim should not try to escape at all times then she also complained about ejaculation matter and the age of Custodio complaining that does a 60 year old man not capable of having sex and committing rape?)- Male lawyer 6
Ay daghan man to siya ug reklamo, first sa element ng rape ata yun, if ma-rape ba daw ang tao dapat mutakas ba jud daw , dapat ba may evidence just to prove that there is a direct threat and sigurado ba na githreaten ang biktima ng rapist, unsa pa to.. about sa ability ng isang 60 year old man na mangrape..Kani man tong mga myths diba?. (She has

many complaints, first I think about the element of rape, If someone is being raped, should that someone try to escape, should there be an evidence just to prove that there is a direct threat, is it sure that the victim is being threatened by the rapist, what elseabout the ability of a 60 year old man to commit rape. These are the myths right?.) - Male Judge 4
Obviously she was against the decision of the RTC. She criticized the decision because the decision were based on so called myths and if I am not mistaken some of these includes the need of strong evidence if may rape ba talaga, Custodio was able to ejaculate in his 60s, and they know

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each other so that makes rape nearly impossible.. Pasensiya na ha? Yung iba naman ay di ko maalala pero yes I am familiar with the mechanism, the complaint mechanism. (Obviously she was against

the decision of the RTC. She criticized the decision because the decision were based on so called myths and if I am not mistaken some of these includes the need of strong evidence if rape really happened, Custodio was able to ejaculate in his 60s, and they know each other so that makes rape nearly impossible.. Im really sorry, I cannot remember the others but yes I am familiar with the mechanism, the complaint mechanism.)- Female lawyer 1

T i m m e r , & C u s a c k ( 2 0 1 1 ) specified that in her complaint before the committee, Vertido said the Davao Regional Trial Court peddled seven myths when it acquitted Custodio. The seven myths are the following: (1) A rape victim must try to escape at every opportunity; (2) To be raped by means of intimidation, the victim must be timid or easily cowed; (3) To conclude that a rape occurred by means of threat, there must be a clear evidence of a direct threat; (4) The fact that the accused and the victim are more than nodding acquaintances" makes the sex consensual; (5) It is problematic when a rape victim reacts to the assault by resisting the attack, and also by cowering in submission because of fear; (6) The rape victim could not have resisted the sexual attack if the accused were able to proceed to ejaculation and (7) It is unbelievable that a man in his sixties would be capable of rape. All respondents were able to enumerate some of the seven. They are therefore familiar with the complaint being filed but when it comes to details they possess a lesser degree of knowledge. b. Vertidos Testimonial The respondents were also asked if they are familiar with some of the powerful words of Vertido against the Republic of the Philippines. A portion of her complaint, as quoted from a December 10, 2010 article of the Philippine Daily Inquirer, read,

I hold this state, the Philippines, accountable for rape happening within its boundaries. I hold my state accountable for a judge who at best is ignorant about laws and the realities of women, and who may 48

be corrupt at worst. I call on my state not to put such people to become judges, but only people who are truly capable of trying womens cases. I claim every inalienable right and every right this country promised to me as its citizen, from protection of my body, my livelihood, to protection of my honor. I claim restitution for having been violated first by one depraved man, and then later by a society that says it is okay to rape women

All of the respondents said that they are familiar with the statement. All respondents said media; specifically newspapers, internet and television brought it to public. The Karen Vertido Case had been broadcasted in different news articles and television programs. Some are the following: Case Unclosed: laban ni Karen Vertido featured in GMA NewsTV on September 18, 2009; the article Revisiting Rape by Elizabeth Angsioco published in Manila Standard Today dated October 30, 2010; UN ruling on Vertido rape case hailed by Christina Mendez (The Philippine Star) updated on November 02, 2010; and more recently, the news article Silent Victims of Manila Bulletins Angelo G. Garcia dated June 6,2011. Recommendations of the OP-CEDAW. The respondents were asked if they know the recommendations of the OP-CEDAW with regards to the case.
Yes, yes, I know some of the recommendationsIn handling rape cases there should be no delays, and the court should be fair at all times and the need to get rid of the gender biased concepts , tama ba ang mga pinagsasabi ko mga iha? Basta basically its about the method how to handle cases of rape in the Philippines. I cannot remember the exact words in the recommendation pero Im familiar with this kasi last year ata yun I was able to teach this in my class. (Yes, yes, I know some of

the recommendationsIn handling rape cases there should be no delays, and the court should be fair at all times and the need to get rid of the gender biased concepts, basically its about the method how to handle cases of rape in the Philippines. I cannot remember the exact words in the recommendation but Im familiar with this because I think it was last year I was able to teach this in my class). Female Lawyer 6
Oo naman, Im familiar with those kasi tinutukan ko yang Vertido case. Ako Im aware about the training for lawyers pati mga judges tungkol ito sa siyempre pag-handle ng mga rape cases tapos how to be gendersensitive, oh well that is importantthen redefine rape or i-update ang mga elements of rape. Kasi nga daw makitid yung definition ng rape,

49

very limited and di applicable sa lahat ng tao and to different circumstances.(Of course, Im familiar with those because I was

able to follow the Vertido case. As for me, Im aware about the training for lawyers and also the judges, this is about how to handle rape cases how to be gender-sensitive then, oh well that is important then redefine rape or update the elements of rape. It is because the definition of rape is very narrow, very limited and it is not applicable to everyone and to different circumstances.) Male lawyer 5
Am I familiar? Yes, I know someCEDAW proposed the government na magkaroon ng voluntary agreement and the recommendation to have a broad scope of forced or coercive conditionsNalaman ko rin about yung CEDAW recommended the judges and lawyers to have regular training about the Convention and the OP-CEDAW. And sa tingin ko ang main recommendation doon was to remove the gender based stereotypes in rape and other sexual cases.( Am I familiar? Yes, I

know someCEDAW proposed the government to have a voluntary agreement and the recommendation to have a broad scope of forced or coercive conditionsI also came to know that CEDAW recommended the judges and lawyers to have regular training about the Convention and the OP-CEDAW. And I think the main recommendation there was to remove the gender based stereotypes in rape and other sexual cases.) Male Judge 2 Article 1 of the Convention and general recommendation No. 19 of the Committee, and makes the following recommendations to the State party: (a) Concerning the author of the communication: Provide appropriate compensation commensurate with the gravity of the violations of her rights (b) General: Take effective measures to ensure that court proceedings involving rape allegations are pursued without undue delay; Ensure that all legal procedures in cases involving crimes of rape and other sexual offenses are impartial and fair, and not affected by prejudices or stereotypical gender notions. To achieve this, a wide range of measures are needed, targeted at the legal system, (i) Review of the definition of rape in the legislation so as to place the lack of consent at its center; (ii) Remove any requirement in the legislation that sexual assault be committed by force or violence, and any requirement of proof of penetration, and minimize secondary victimization of the complainant/survivor in proceedings by enacting a definition of sexual assault that either: requires the existence of unequivocal and voluntary agreement and requiring proof by the accused of steps taken to ascertain whether the

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complainant/survivor was consenting; or requires that the act take place in coercive circumstances and includes a broad range of coercive circumstances. (iii) Appropriate and regular training on the Convention on the Elimination of All Forms of Discrimination against Women, its Optional Protocol and its general recommendations, in particular general recommendation No. 19, for judges, lawyers and law enforcement personnel; (iv) Appropriate training for judges, lawyers, law enforcement officers and medical personnel in understanding crimes of rape and other sexual offences in a gender-sensitive manner so as to avoid revictimization of women having reported rape cases and to ensure that personal mores and values do not affect decision-making (CEDAW/C/46/D/18/2008).

A respondent added about the need of translating and distributing the views and recommendation.
The government should publish CEDAWs views and recommendations. Translate this to Filipino and other regional languages. Then after translation siyempre there is a need to distribute them properly para malaman naman ng mga tao. (The government should publish

CEDAWs views and recommendations. Translate this to Filipino and other regional languages. Then of course after translation there is a need to distribute them properly so that people will know.)- Male lawyer 1 The State party is also requested to publish the Committees recommendations and have it translated into Filipino and other regional languages and to be dispersed in order to reach all sectors of society (Timmer and Cusack, 2011). All the respondents mentioned some of the recommendations of the OP-CEDAW to the Philippines however they were not able to identify all. The general recommendations about ensuring that all legal procedures in rape cases should be impartial and fair, and not affected by stereotypical gender notions and the need of appropriate trainings for judges, lawyers, law enforcement officers and medical forces were the most mentioned recommendations.

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KNOWLEDGE

OP-CEDAW

KAREN VERTIDO CASE

HUMAN RIGHTS TREATY

OPTIONAL UNDERTAKING

TWO PROCEDURES

RECOMMENDATIO NS

PARTIES INVOLVED

COMPLAINT MECHANISM

COMMUNICATIO NS PROCEDURE

TRAININGS

KAREN TVERTIDO

JOSE B. CUSTODIO

COMMUNICATIO N PROCEDURE

TESTIMONIAL

INQUIRY PROCEDURE

TRANSLATION

CAREER WOMAN

FIRST ASIAN TO USE COMMUNICATIO N PROCEDURE

INFLUENTIAL

DEMANDING

SEVEN MYTHS

MEDIA

UPDATE THE DEFINITION OF RAPE ELIMINATION OF GENDER BIASED CONCEPTS

SPEEDY TRIAL

Figure 1- Knowledge of the respondents in the Karen Vertido Case and OP-CEDAW

The respondents identified the two parties involved in the case as Karen T. Vertido and Jose B. Custodio. Vertido as a career woman and the first Asian to use communication procedure while Custodio is said to be influential. The filing of communication procedure was considered by some respondents as demanding and the so called seven myths were being mentioned by the respondents. In addition to this, the respondents became familiar with Vertidos testimonial against her state because of the media. The respondents know OP-CEDAW as a human rights treaty that has two procedures: communications procedure and inquiry procedure however no states are obliged to ratify this treaty. The recommendations they know comprise of trainings, translation, updating the definition of rape, elimination of gender biased concepts and the need for speedy trial.

Don't forget your recommendations and proper citations for your Chapter 4! II. Perceptions 52

The respondents were asked for their perceptions regarding the case and the OPCEDAW; specifically, they were shared their insight on the courts ruling, the city-wide reaction, the role of various actors all-throughout the duration of the case, and OP-CEDAWs recommendations. The Courts Decision. The lawyers and judges shared their view on the courts ruling; (thirteen [13] respondents believe the outcome of the case was justified.) They believe that the result was based on evidences, facts and the law. Furthermore, the decision of the court should be respected because it followed due protocol, investigation and the like. They also think that the judge who presided over the case was fair and respected and that the claims supported themselves. The judge who rendered the Decision is a no-nonsense judge, the decision was arrived at after taking into considerations all the evidences presented by both parties. The decision was supported by all the facts, laws, jurisprudence thoroughly explained in it. Female Lawyer 2 Judge Europa. In 2008, Judge Virginia Europa was awarded Judicial Achievement Award as the Regional Trial Court Judge by the Philippine Judges Association. Well Lets let the facts speak for themselves. One witness, a bellboy from the motel, claimed that there was no noise that came from the room and thus no foul play involved. It was consensual. Rape, by its very definition, did not occur that night. Male Judge 1 The Anti-Rape law of 1997 defines rape as follows: Rape is committed (1) by a man who shall have carnal knowledge of a woman under any of the following circumstances: a) through force, threat or intimidation; b) when the woman is deprived of reason or otherwise unconscious; c) by means of fraudulent machination or grave abuse of authority; and d) when the offended party is under twelve (12) years old of age or is demented, even though none of the circumstances mentioned above be present; and (2) by any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another persons mouth or anal orifice, or any instrument, or object, or any other part of the body such as fingers or toes, into the genital or anal orifice of another person. In her communication to the OP CEDAW, Karen stated she was deemed to have consented to the intercourse because she did not resist the advances of the accused and she did not escape when she appeared to have had so many opportunities to do so. Not all cases

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of rape need the instances of rape that occur in this way can be defined as consensual. Marital rape may occur when a spouse is unable to consent to the intercourse (Bergen, 1996; Pagelow, 1992; Russell, 1990). While rape on the whole often involves certain degrees of physical violence, in marital rape, physical violence may not be present there is, instead of coercion and some amount of force to control the victim. (Ambekar, 2009) Maraming nakakaalam na magkasintahan tong dalawa kaya naman itong si babae pumayag makipagtalik kay lalaki, halatang-halata na walang rape because walang ingay, no evidence na may rape, walang witness na makakapagsabi na may nangyari ngang krimen. So what I think about the decision of the court, it was lawful, tama lang ang naging verdict ng kaso, to acquit Custodio kasi walang ebidensiya eh. Judges will really base their decision on facts and evidence, pinag-aaralan ng husto ang kaso at di basta-basta ang mag-akusa ng kahit sinuman (Many people know that the two were in a relationship of sorts, thats why the woman had sex with the man, there was obviously no rape, no witness could say that a crime was committed that night. So I think about the decision of the court, it was lawful, the verdict was right, to acquit Custodio because there was bit enough evidence. Judges will really base their decision on facts and evidence, they scrutinize the cases cautiously and dont haphazardly accuse just anyone). - Male Lawyer 2 On the other hand, 7 respondents believe that the decision was unfair, rooted in gender myths, following his/her own personal bias. Yes, unfair sa part ng babae. Dito na naman lumalabas ang misconception tungkol sa mga babae, lalo na sa mga rape cases. Tan-aw man gud sa mga tao pag babae, automatic submissive. Dapat ang korte, dili maggeneralize, iisa lang kasi ang tingin sa mga kababaihan. As for the case of Karen ha, daghan gaingon na uyab daw sila or kabit2x daw siya ni Custodio kaya impossible daw na marape pero dili na siya always ang basehan. Remember most rapists are not strangers to the victim. Mostly sa mga rape cases ang mga naga-commit ug rape kay mga kaila lang (Yes, this is unfair on the part of the woman. Here we see another misconception about women, especially in rape cases. People tend to automatically judge women as submissive. The court shouldnt generalize; its because they only have one view of women. As for the case of Karen, there was a widespread rumor that they were lovers, or that she was the paramour of Custodio so its impossible that shed be raped this shouldnt always be a basis for such things. Mostly in rape cases, the ones who commit the act of rape are acquaintances of the victims, at least like neighbours, friends, boyfriends and intimate partners). Female Lawyer 7 Sige ganito, if we based it on facts halatang talo si Vertido but what I see, personally is that the decision was based on some gender myths kaya biased ang decision for me. Sabi nila na for Jose Custodio, a 60 something year old man, respected by many, its impossible to do something like that and not to his co-worker of course kasi magkakilala sila. Now if this is the case na magkakilala sila and medyo may edad na itong si Custodio it doesnt mean na imposible na talaga ang rape and I dont think kailangan may ebidensiya na may threat sa biktima. (If we base it on facts, its obvious Vertido loses but what I 54

see, personally is that the decision was based on some gender myths thats why for me, the decision was biased. They say Jose Custodio, a 60-something year old man, respected by many, its impossible to do something like that and not to his co-worker of course because they knew each other personally. Now if this is the case, that they were acquaintances and that Custodio is quite old, that doesnt mean that the act of rape is impossible and I dont think there is a need to show evidence that there was a threat to the victim). Female Lawyer 6 Part of the decision is that Custodio was acquitted because hes already sixty then naka-ejaculate pa daw tong si Custodio pero kung ako lang I really believe that a man, even aged 60 can commit a crime like rape. Ang masaklap pa dito ay magkakilala sila and so malabo ang rape? (Part of the decision is Custodio was acquitted because hes already sixty then he was able to ejaculate but if you were to ask me I really believe that a man, even aged 60 can commit a crime like rape. Whats worse is that the two know each other so, supposedly, the act of rape is farfetched?) For me this is so unfair, gender misconception is obviously present. Female Lawyer 8 The narrative of Custodios side of the story (pieced together from stenographic notes during the preliminary investigation of the case by journalist Randy David states that in the car, Custodio and Vertido discussed a forthcoming trip Manado, Indonesia and the possibility that Karen might be able to join this trip. They held hands while he drove. He then decided to proceed to model after she seemed receptive to his naughty advances. Custodio suggested that they begin a longer relationship in which they can help each other. Being a married woman, she said it was her first time to go out with another man. He did not believe her, but did not say so. At the motel room, she promptly took off her clothes and waited for him to undress. However, what they were supposed to do did not materialize at which point she suggested they get together at a later time. After the encounter at the motel, she suddenly became very quiet in the car. She was disappointed that neither the Manado trip nor the proposed relationship was brought up again. Being upset, she insisted on taking a taxi home. Vertido filed a rape case, according to Custodio, because she was angry that the promise of the Manado trip was not discussed again. The case he had filed against her husband in 1987 was also cited (In 1987, Custodio filed a civil suit against DEMCOR, a company that Dam Vertido, Karens husband, worked for as general bmanager. That case remains unresolved. In a letter to the city prosecutors office, Dam said he had completely forgotten about this case as he left the company in 1988.).

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Court Decision Unjust Gender Myths Personal Bias Justified Supportive Evidences Proper Protocol
Figure 2.1 The respondents view on the court decision was divided; Those who viewed the judges ruling as unjust claimed that it was steeped in gender myths and personal bias; Those who believe the ruling was sound justified that the evidences presented were supportive to the defendant, the judges involved were no-nonsense and that proper protocol was observed throughout the case. Time. The case remained at the trial court level for 8 years. 15 out of 20 believe that the case was not held lawfully in terms of time but take into account that such is the norm in the Philippine judicial system. It was not. However, we cant blame the court alone, for the rules of criminal procedures provide for several ways, loopholes which can create delays. All agencies/apartments/offices contributed to the delay in the resolution of the case. Female Lawyer 3 Kasi ang mga cases na ganito, kuwan it really takes a long time to decide. Marami talagang delays Kasi kailangan pang i-obtain ang evidence. It really invokes a long process. Furthermore, we lawyers have a maxim that justice delayed is justice not served at all. Unfair naman for the people involved. (Because cases like these, it really takes a long time to decide. There really are many delays Because you have to obtain evidence. It really invokes a long process. Futhermore, we lawyers have a maxim that justice delayed is justice not served at all. Its unfair for the people involved). - Male Lawyer 6 Kung ang mga government services nga ay prone sa mga delays and so the judiciary is no exception. Sa ating bansa, yung pagkamit ng hustisya ay sobrang bagal kung unmusad. Almost all complainants I know experienced delay, di lang nga magkatulad; still, they experienced delays in different forms. But in the same way that the public has come to accept delay as deeply rooted in our culture, Filipino time, mahilig tayo diyan and parte na iyan ng ating culture and so delayed proceedings are viewed as simply normal. Wala ng magugulat, 56

Respectful Judges

mas nakakagulat pa nga siguro kung walang delay. (Government services themselves are prone to delays and so the judiciary is no exception. In our country, obtaining justice takes a really long time. Almost all complainants I know experienced delay, just not the same kind; still, they experienced delays in different forms. But in the same way that the public has come to accept delay as deeply rooted in our culture, Filipino time, were fond of that part of our culture and so delayed proceedings are viewed as simply normal. No one gets shocked, it would be even more shocking I suppose if there was no delay [laughs]). Male Lawyer 3 Daghan man gud red tape, gang. Dili dyud na siya maiwasan (There is lot of red tape, girl. It really cant be avoided). Male Lawyer 9 In the Encyclopedia of the Nations, it is stated that, in the Philippines, an informal local system for arbitrating or mediating certain problems operates outside the formal court system. There is no jury system. Defendants enjoy a presumption of innocence and have the right to confront witnesses, to present evidence and to appeal. In his article Culture of Delay, Judge Martin S. Villarama, Jr. states that the Supreme Court has resolutely addressed the problem of clogged dockets and worked incessantly to reduce and eliminate backlog of cases especially in the lower courts. Under the Action Program for Judicial Reform (APJR), complementary projects are being implemented to improve case flow, achieve zero backlogs in the higher courts, promote alternative dispute resolution (ADR) methods by institutionalizing mediation and computerizing the internal processes of the judiciary and making them more transparent. Due to the Zero Backlog Project, in the one-year period between June 2005 and June 2006, the CA averaged a monthly disposal of 850 decisions, or about 13 to 14 cases per Justice. About half of the number of Justices accomplished more than the minimum requirement of 12 cases. From a total of 11,343 cases submitted for decision in 2001, the CA reduced its backlog to 9,387 cases as of August 31, 2007. The country is also set to implement the computerization of the Management Information System (MIS), which will serve as a tracker of cases from completion stage until final disposition. However, there were 5 respondents who felt that the case was indeed solved in an adequate amount of time. I believe so. Judging from the circumstances and nature of the case, matagal talaga (it wouldve really taken a long time). Rape cases are very, very hard to judge. Male Judge 1 Sa totoo lang, the courts' functioning depends on the extent of resources of the parties, to both parties and length of time it took for their dispute to be finally resolved. Depende yan eh, bumagal rin yung kaso kasi Custodio filed 57

several motions kaya I have nothing against the length of time, kahit umabot ito ng more than 5 years (Honestly, the courts functioning depends on the extend of resources of the parties, to both parties and length of time it took for their dispute to be finally resolved. It depends, also Custodio filed several motions which led to the lengthened the time of the case, thats why I have nothing against the length of time, even if it reached more than 5 years). Male Lawyer 3 Prior to the case being handled by Judge Europa, the presiding judge was RTC Judge Jess Quitain. According to Custodio, the delay was due to the repeated refusal of Quitain to inhibit himself from the case this despite several urgent motions filed by Custodios lawyers with the Supreme Court to restrain Quitain from hearing the case due to a long-drawn personal grudge between him and the judge. Custodio further charged that another factor leading to the delay was Quitains role as adviser to the womens rights movement called Gender Watch II, led by Lyda J. Canson, a prime supporter of Vertido. Custodio described the judges conduct in the case as injurious. (Tesorero, 2010)

Time

expected due to

accepted due to

Loopholes

Red Tape

Lengthy Process

Figure 2.2

- The respondents who felt the long duration of the case was

expected posited that there are many loopholes and red tape found in the judicial system. Other respondents accepted the duration due to the lengthy judicial process in the Philippines. The Publics Reaction. Sixteen (16) out of 20 respondents said that the people of Davao City reacted positively towards the decision of the court. Majority agreed to the ruling. I think there was no question about it. Male Lawyer 1 58

There was so much publicity and reaction from the people at that time, but as the trial progressed, not so much. Male Judge 2 It is hard to say how Davao reacted as a whole. As for inside of the citys business circle, I think that majority went with the judges ruling on the case. This is because the two involved are prominent figures in their society especially the accused. He was (or is) a well-respected man. For some, its quite taboo to side with the girl.- Female Lawyer 3 However, there were four (4) respondents, 3 of whom were female, said otherwise, noting that several womens rights-based NGOs held negative sentiments towards the ruling. On the day of the ruling, ang mga babae, they felt that natalo sila sa laban. When you advocate something like this, it feels disheartening to hear about it. Nakakalungkot ang desisyon ng korte because we really believed that the evidences presented were insubstantial (On the day of the ruling, the women felt that they lost the battle. When you advocate something like this, it feels disheartening to hear about it. The court decision was disheartening because we really believed that the evidences presented were insubstantial). Female Lawyer 7 Rina-Jimenez David states in her article Karens Vindication that immediately after the rape and upon reaching home, Karen told her husband about the incident and within 24 hours visited a medical examiner to have herself examined. Within 48 hours, she reported the case to the police and filed a complaint against Custodio on April 1. In the 14 years since, Karen endured a trial that lasted eight years, due to frequent changes in judges and delays in the procedure (including the flight of the accused and the ensuing manhunt as well as his frequent hospitalizations). At work, she was replaced by man who was paid double the amount of her salary so that there will be no repeat of the incident. She and her two children had to relocate to Manila because they had become publicly recognizable in Davao, resented by the community for accusing a prominent citizen of rape. The couple had to endure a commuter marriage due to Karens husbands job requiring he stay in Davao. Her family had to undergo therapy, as did she and her husband. She also found that she could no longer hold down a job, due to the many flashbacks which would render her virtually catatonic.

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Figure 2.3 The respondents felt that most of the public agreed with the ruling for the judges decision is final. The respondents who disagreed feel that the evidences presented by the defendant were insubstantial. The Role of NGOs. Thirteen (13) respondents stated that the NGOs acted where the Philippine government failed. They agreed that there were some loopholes in the system and that the NGOs expressed this flaw. Ang mga NGOs, they served as the voice of the oppressed. Nabigyan ng strong representation ang mga babae. In the event that all means were exhausted, ang mga NGOs ang nagbigay ng paraan lke kay. Karen, to seek justice (The NGOs, they served as the voice of the oppressed. They were able to give strong representation to women. In the event that all means were exhausted, it was the NGOs that gave a way for Karen to seek justice). - Female Lawyer 8 They really see to it that the compromised sex, females as in all cases, be represented equally and fairly. Ang mga kagaya ni Karen, in this context, nabigyang proteksyon (People like Karen, in this context, were given protection) and opportunity to seek justice. In a flawed system, the NGOs serve as the means to pursue justice. Female Lawyer 6 According to the 5th and 6th Philippine Progress Report on the Implementation of the CEDAW (2004), NGOs have been working to support women in the country within the broad framework of women in politics and decision making.

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The Womens Legal Bureau conducts legal training and assistance for women which include training on women and feminist legal assistance. The NGO provided Vertido with legal and financial assistance. The Center for Legislative Development provides critical intervention to legislative staff, legislators and NGOs through gender sensitivity training, documentation and research services. It also holds regular dialogues with other NGOs on legislative advocacy for women.

Role of NGOs

beneficial to the oppressed

no comment

Figure 2.4 The respondents who answered all believed that the NGOs played a vital role in strengthening the voice of the oppressed; other respondents chose not to comment.

Role of Lawyers and Judges. All respondents believe that the lawyers should be in line of legal ethics. Ang problema is that, minsan, ang mga lawyer, they tend to be divergent. We follow a code of legal ethics. Sometimes, nakakalimutan namin na maging impartial and we get too absorbed with a case. This slows down the entire thing. (The problem is that, sometimes, these lawyers, they tend to be divergent. We follow a code of legal ethics. Sometimes, we forget to be impartial and we get too absorbed with a case. This slows down the entire thing). Female Lawyer 4 Nothing in particular. Lawyers and judges are doing their respective jobs in term based on facts and law. Male Judge 2 They can make or break the outcome of a case. Female Judge 1

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Role of Lawyers and Judges Make or break outcome of case

Did their part

Figure 2.5 The respondents felt that the judges and lawyers fulfilled what was expected of them in the case, and that they are the playmakers, meaning it is they who can make or break the outcome of a case.

Role of OP CEDAW. All of the respondents had strong positive sentiments about the usefulness of the Optional Protocol of CEDAW. Indeed, if you have a law that covers the entire women population of the world, then, mas nabibigyang linaw ang (more light is shed on the) responsibilities na nakakalimutan ng (that are forgotten by) state parties that are signatories of CEDAW. Things can be assessed and we will know what can be done to improve the status and elimination of all forms of discrimination against women. Female Lawyer 8 Syempre. Kasi, yun naman talaga ang gusto natin as a country (Of course, because this is what we really want as a country). We want to be as gender-fair as possible. And it just so happens that women are being discriminated just because of the fact that they are women. Male Lawyer 5 Recommendations Made by the Committee of the OP CEDAW. Eight of the

respondents believe that the recommendations made were fair and just, particularly with the clauses that support the lack of a speedy trial for the complainant. The general recommendations were fine, fair and timely. I conform as far as the violations of the complainants rights. But, for the complaints against the court, its more of a problem with the system. Female Lawyer 6 Mostly, oo, pero (yes but) they are not without flaws. Male Lawyer 2 Implementation of the OP CEDAW Recommendations Without Delay. Four (4) of the respondents agree that the recommendations can be implemented without delay. I believe, yes. The legislature and the judiciary must work hand-in-hand. - Female Lawyer 2

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Sixteen (16) respondents believe that, given the current Judicial Climate of the Philippines, this is difficult to do. I hope so but given the current Judicial Climate, it remains uncertain. Ang proseso kasi dito, ang bagal. Kahit na kukuha ng rehistro sa kotse, matagal. Kailangan pang mag fix para mabilis (I hope so but given the current Judicial Climate, it remains uncertain. The process here is slow. Even registering a car takes a long time. You need to get a fixer to speed things up). Male Lawyer 7 The system is slow, not enforced. Lawyers are used to it. Female Lawyer 4

Usefulness of the OP-CEDAW. Fifteen (15) respondents believed that the OP-CEDAW will be beneficial to the country. Yes, because it is important for us judges to become cognizant as our mandate to protect promote and fulfill the enjoyment of equal rights between women and men. Male Judge 1 Yes, both in my teaching and my practice. I always ask clients for the truth before filing or defending a case. Female Lawyer 1 It may be informative but it will fall to the jurisdiction of the special courts. Male Judge 2 Yes, challenging, it fills the gaps.. Female Lawyer 7 While the Convention does not have the legal capacity to impose sanctions and penalties against non-compliance for ratifying states, womens and human rights group have hailed it as an important international legal document providing moral force for obtaining the human rights of women". Five (5) respondents deemed the OP-CEDAWs implementation a slow, tedious one. No, knowing the tedious implementation process and slowness of decisions. In the Philippine setting, implementation has always been a problem. Male Lawyer 3 Hardly. Siguro de jure, pero de facto? Malabo. Dugay-dugay pa na (Maybe de jure, but de facto? Its hazy. Itll take a long time). The system is not quick to change, to adapt such things. This will take a backseat to other policies with actual enforcing bodies. Male Lawyer 8

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Compliance of the Philippines with the OP-CEDAW Recommendations. The respondents were asked if they believe that the Philippines will abide by the OP. Fourteen (14) believed that the recommendations will only come into full force if there is an implementing body. I believe so in fact, may mga (there are) available measures gearing towards the elimination of discrimination on so called gender-based crimes. For example, in rape cases, no more proof of penetration. There are procedures now gearing towards speedy and early resolution of cases. Female Lawyer 4 Yes, if forced. Kung walang mag-eenforce nito, walang sanctions for non-compliance, then I doubt. Siguro, ma-iimplement, pero medyo matagaltagal pa. (Yes, if forced. If no one enforces these, there will be no sanction for non-compliance, then I doubt. Perhaps, it will be implemented but it will take a while.) Male Lawyer 9 The country is still adjusting to gender equality. I hope so, but I dont know its all speculative. Male Judge 1

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Figure 2.6 The OP-CEDAW is seen as having a positive, beneficial role to the country, improving the status of women. The view on the degree of its usefulness varies; those who find it very useful believe it fills the gaps left by our own judicial system; others see it as too slowly implemented to ever become useful . As to its compliance, the OP-CEDAWs lack of an implementing body is perceived negatively by the respondents Current compliance of the Philippines with the OP-CEDAW. The respondents were asked whether or not they felt the each of the OP-CEDAWs recommendations have been implemented in the country. Seventeen said that the Philippines has not yet implemented the recommendations. One respondent (Female Lawyer 2) stated that these recommendations, though beneficial to the women victims, is unfair for the accused. 1. Remove any requirement in the legislation that sexual assault be committed by force or violence, and any requirement of proof of penetration, and minimize secondary victimization of the complainant/survivor in proceedings by enacting a definition of sexual assault that either: Ten (10) respondents believed that this recommendation is open to abuse. Seven (7) respondents felt that the recommendations were sound. Three (3) respondents expressed uncertainty with the recommendation. a. The existence of unequivocal and voluntary agreement requiring proof by the accused of steps taken to ascertain whether the complainant/survivor was consenting. I find this very unfair for the accused in a rape case. No woman in her right mind would invite herself to be sexually molested. There were cases where the woman consented and when a 3rd person learned about it the woman would cry that she was raped. Female Lawyer 2 Not 100% sure. But, I think that this denotes equality in terms of emancipating women. Parang, you give them clear-cut definitions, yung sinabi mo nga (like what you said), to define whether you are actually being raped. Thats what I think it means. Female Lawyer 7 Decisions are based on previous decisions. Male Lawyer 1 b. The act takes place in coercive circumstances and includes a broad range of coercive circumstances Not necessarily. Female Lawyer 8 65

No. Male Lawyer 6 If that were the casekahit sino na lang, pwedeng magsampa ng kaso ng rape (just about anyone could file a rape case) including non-victims. Keep in mind, this recommendation can be abused. Male Lawyer 8 2. Appropriate and regular training on CEDAW, its Optional Protocol and its general recommendations, in particular general recommendation No, 19,( States parties should ensure that laws against family violence and abuse, rape, sexual assault and other gender-based violence give adequate protection to all women, and respect their integrity and dignity.) for judges, lawyers, and law enforcement personnel. Nineteen respondents agree that the training will be beneficial to all judicial personnel. Hmm Regular training is good for lawyers, judges and law enforcement personnel So, Im all for it. Anything to assist the upholders of justice. Female Lawyer 5 One respondent, though agreeing with the recommendations usefulness, expressed concern as to where the funding for Oo naman, but sources are limited. Financially, where are we going to get the additional budget required for this? Matagal pa ata yan mangyari (Of course, but sources are limited. Financially, where are we going to get the additional budget required for this? Thats going to take a long while). Male Lawyer 6 3. Appropriate training for judges, lawyers, law enforcement officers and medical personnel in understanding crimes of rape and other sexual offence in a gender-sensitive manner so as to avoid as re-vicitmization of women having reported rape cases and to ensure that personal mores and values do not affect decision-making. This is necessary, para updated parati sa latest developments in the judicial sector (This is necessary, so we can always be updated in the latest developments in the judicial sector). Female Lawyer 1 Yes. Well, actually we are starting to, but this needs to be further augmented. Male Lawyer 5 Yes, there are already trainings for judges. Alam niyo ba yung PHILJA? This stands for the Philippine Judicial Academy. Marami silang programs that cater towards the improvement of judicial education. This has been their goal ever since for example, no? This October magkakaroon ng prejudicature program sa Cagayan (Yes, there are already trainings for judges Do 66

you know PHILJA? This stands for the Philippine Jucicial Academy. They have many programs that cater towards the improvement of judicial education. This has been their goal ever since for example, no? This October the will be holding a pre-judicature program in Cagayan). Male Judge 2
Current Compliance with O -CEDAW

Removal of sign of violence

Appropriate training of OPCEDAW

Appropraite training in understanding rape

unfair for defendant

good

necessary

already implemented

open to abuse

however, limited sources

PHILJA

needs further augmentation

Figure 2.7 The respondents view the first recommendation as unfair for the defendant and open to abuse. The second recommendation is viewed positively; however there limited financial sources available for its implementation. The third training is seen as necessary and already implemented by PHILJA but needing further augmentation

III. Limitations Shortcomings of a Court.


Shortcomings? What shortcomings? There are none. Kasi nga diba, the events that transpired were in accordance with the rules, evidences, etc The rulings of the court were based on facts, therefore, ang proceedings, it was systematically done. (Shortcomings? What shortcomings?

There are none. This is because the events that transpired were in accordance with the rules, evidences, etc The rulings of the court were based on facts, therefore, the proceedings were systematically done.) Male Lawyer 3

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2 male judges and 8 male lawyers believe that the court, in the context of the Karen Vertido case, did not have any shortcomings. They believed that the court did its part in passing judgment towards the case. Not the court itself but, the system. The court relied heavily on previous
decisions of similar cases. And, in a sense, there was a bit of stereotyping. May mga bagay na dapat nilang kinonsider Delays can be and are usually caused by legal steps available to the accused, such as filing for reconsideration. There should be a limit to the number of appeals one can make. This is the case in the US. (Not the court itself but, the system.

The court relied heavily on previous decisions of similar cases. And, in a sense, there was a bit of stereotyping. There are things that they should have considered Delays can be and are usually caused by legal steps available to the accused, such as filing for reconsideration. There should be a limit to the number of appeals one can make. This is the case in the US[United States of America].) - Female Lawyer 4
I do believe that this case should have been an avenue for gender equality issues. Female Lawyer 8

However, the remaining respondents (all women lawyers, one male lawyer and one female judge) believe otherwise, stating that there was a lapse in the court in terms of giving a verdict to the case. They agreed that there were gender-equality issues in the local judicial system, noting that the case was ruled relying on previous decisions.
Siguro sa educational system pa lang, may inadequacy na. I dont know about how things are now, but back then, when I was in law school, we didnt tackle these kinds of things eh. In fact, nagkaroon lang ako ng exposure sa mga ganitong bagay through the mandatory legal education program. (Probably Even at the early stages of the

educational system, there is already an inadequacy. I dont know about how things are now, but back then, when I was in law school, we didnt tackle these kinds of things. In fact, it was only through the mandatory legal education program that I had an exposure with these things.) - Male Lawyer 5 The male lawyer, who believes that the court had shortcomings, also stated a lapse in the educational system, noting that, as law students, they were not immersed into these kinds of cases. Its rooted in the culture There is a culture of machismo pervading our
country. Ever since talaga. If you look at the bigger picture, ang bias as

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Filipinos is towards patriarchy and male authority. In the past, women were regarded as secondary-class citizens. So, doon pa lang, makikita mo na ang bias sa kultura natin. (Its rooted in the culture There is

a culture of machismo pervading our country ever since. If you look at the bigger picture, the bias we have as Filipinos is towards patriarchy and male authority. In the past, women were regarded as secondary-class citizens. So, even back then, you could already see the cultural bias that we have.) - Female Lawyer 2 In contention, the deficiencies of the court were seen as manifestations of a cultural bias that Filipinos are susceptible to. It was stated by one of the respondents that machismo is evident in the Philippines. Challenges on the Case in Terms of Processes and Outcome.
We have to get rid of these absurd, stereotyped myths... For example, the assumption that women of power will be able to resist a mans advances kaya di sila mare-rape, the conclusion that rich people win because they are rich and poor people lose because they are poor. (We have to get rid of these absurd,

stereotypical myths For example, the assumption that women of power will be able to resist a mans advances will result do them not being raped, the conclusion that rich people win because they are rich and poor people lose because they are poor.) Female Lawyer 6
Sa outcome after the case is resolved, then what happens next? As much as possible, we ought to look after the welfare of rape victims even after the case is over. How do we rebuild the life of the parties and families involved? Karen had to move her family from their home to protect them. Female Lawyer 3

We have to make resolutions of cases speedy and inexpensive. Legal


fees alone are expensive, then there the printing costs, transport, etc. and take their toll on everyone involved. With such prohibitive costs, victims are deterred from seeking out justice. Male Lawyer 7 There is a backlog of cases to be solved. Our court dockets are clogged. Add to this the fact nakulang ng lawyers, kulang ng prosecutors, kulang ng judges - we are undermanned. (There is a backlog of cases

to be solved. Our court dockets are clogged. Add to this the fact that we have a shortage of lowers, prosecutors and judges we are undermanned.) Male Lawyer 8 14 out of the 20 respondents agreed that, in terms of process and outcome, the lack of a speedy trial was evident. Several of them agreed that there are barriers that prevent a speedy disposition. Among these were the stereotyped gender myths pertaining to women, in the and the power of the wealthy to be immune from the Judicial system in the Philippine context. 69

The six remaining respondents opted either not to answer the question, either stating that they were not in a position to answer or had no knowledge on the situation. Difficulties Faced by the Judge or Lawyers Labeling, the whole notion na lawyers are liars. Please, give us a break.
Were just doing our jobs. Male Lawyer 4 Delays. The delicate nature of the case, the stature of the parties involved. Maraming mga things in the way, kung baga. There are a lot of appeals, motions that could be reasons for delay. (Delays. The delicate nature of

the case, the stature of the parties involved. There are a lot of things in the way, as if to say. There are a lot of appeals, motions that could be reasons for delay) - Male Lawyer 2 16 out of the 20 respondents stated that lawyers face the difficulties that come with the nature of their jobs. They complained that the slow system and perception of people regarding their work come up as challenges. The remaining 4 respondents did not give their answer regarding the question.

CHALLENGES

stereotyped myths

lack of lawyers

expensive and slow resolutions post-trial welfare of victims

clogged court dockets

Difficulties for Lawyers and Judges

Labelling

Delays

Figure 3.0. Limitations, Challenges faced by the Case, Lawyers and Judges The respondents pointed out 3 shortcomings that the court had in dealing with the Vertido case: the presence of stereotyped myths, a lack of lawyers and an expensive and slow resolution. Expensive and slow resolutions present a challenged faced by the victim, a lack of 70

post-trial welfare. A lack of lawyers is a problem in itself, causing clogged court docket and the compounding problems of the public labelling them for the nature of their work, subsequently causing more delays. Difficulties of OP-CEDAW. Mayroon naman tayong mga local laws, kagaya ng VAWC, for example.
Mas familiar ako sa VAWC, compared to CEDAW. Yun ang ginagamit ko as basis for these womens cases. Pero Im very open to using these kinds of laws. I should be. Its part of my job as a lawyer. (We have local

laws like the VAWC, for example. Im more familiar with VAWC, compared to CEDAW. Thats what I use as a basis for these womens cases. But, Im very open to using these kinds of laws. I should be. Its part of my job as a lawyer). Male Lawyer 2 In the Philippines, there are local laws that protect women. 14 out of the 20 respondents stated that, there has been a rigid emphasis on the use of local laws versus laws coming from international conventions. One example is the Violence Against Women and Children Act. Since, the country already established its own laws regarding women, judicial personnel fail to look overseas towards available international womens rights instruments. Thus, the OPCEDAW is underutilized by the Philippine judiciary.
Too many problems in the country to concentrate on. There are differing ideas and points of view, and often, the minority is at the losing end. Even if we have this very good universal law, it rarely sees the light here in the Philippines. Itong mga ganito, dapat bigyan ng pansin.(These kinds of

things should be given attention.) Female Lawyer 5 Aside from these, the domestic or municipal law may be used as excuse for noncompliance of OP-CEDAW recommendations, noting again the difficulty in implementing it in the country.

Difficulties for OP-CEDAW too many problems in the country

differing POVS

presence of local laws

downplays minorities

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underutilization

Figure 3.1.Limitations: Difficulties faced by OP CEDAW The difficulties faced by OP CEDAW are a result of three things, differing points of the members of the Judicial System, the presence of local laws that already enact what CEDAW embodies, and there are way too many problems in the country that hamper the implementation of CEDAW. Differing point of views cause downplaying the minorities, making it difficult for the promulgation of their rights. The presence of local laws, such as the VAWC laws we have, leads to the underutilization of CEDAW. Recommendations of Lawyers/Judges The respondents were asked regarding their recommendations on some sectors contribution judicial process, and gender mainstreaming in the judicial system.

Recommendations revolve around the contributions of this sectors to the outcome of Vertidos case, areas that needs to be improved in the judicial process, ruling, and gender mainstreaming in relation to the suggestions raised by the OP-CEDAW to the Philippines. There is a need to highlight the respondents suggestions since it is deemed essential to the mainstreaming of gender in their own field and in the judiciary. Legal Professionals. The legal professionals are essential for the entire process. Legal professionals are the lawyers, judges, and any other profession that deals with law interpretations and the like. The respondents have this shared idea on the importance of usage of and awareness about the OP-CEDAW in relation to the mainstreaming of gender in the judiciary. Most of them recommended that those in legal profession should be involved in the process of making our laws, become watchdog for fair trial, and become safeguard of womens rights. All of the respondents confirmed that the legal profession is really an essential factor in the gender mainstreaming process.
Malaki ang role ng judges, lawyers, and all those in the legal profession (LP) sa paggawa ng batas, pati na rin sa pagpapatupad. Of course, those

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in the legal profession are the most knowledgeable in the content of the law, and even all that will be against or abrogation of it. Therefore, they should take part in the process of making law and implementing it. Now, in case merong mali sa ruling sa court, they should be vanguards of justice. They should raise the concern by questioning, maybe the ruling, and how it was arrived at that. This is why an inclusion of a gender lens in the legal profession will definitely turn the tides. Basically, they should take up the aspect of gender in cases such as Karens, kasi it involves different parties from different gender. How the rule was arrive at would now be dependent on how it the law, the case was interpreted.(The role

of judges, lawyers, and all those in the legal profession in the lawmaking process, even in its implementation is really big. Of course, those in the legal profession are the most knowledgeable in the content of the law, and even all that will be against or abrogation of it. Therefore, they should take part in the process of making law and implementing it. Now, in case theres something wrong in the courts ruling, they should be vanguards of justice. They should raise the concern by questioning, maybe the ruling, and how it was arrived at that. This is why an inclusion of a gender lens in the legal profession will definitely turn the tides. Basically, they should take up the aspect of gender in cases such as Karens, because it involves different parties from different gender. How the rule was arrived at would now be dependent on how the law, the case was interpreted). Male Lawyer No. 5
The role they play is important, because they compose the judiciary. On the other hand, we must take into account on what will be the context. Like here in the Philippines, we have good laws and statutes. The problem lies on the interpretation and more on the implementation. So, the task is up for the legal progessionals, since they comprise the judiciary. Its time for them to be the arbiter of the validity of decisions. The inclusion for gender-sensitive framework on every practitioner might yield good and impartial outcome. Maganda ito lalo na kapag na-orient ang mga lawyers sa OP-CEDAW. I highly suggest na they include OPCEDAW in their practice as a start to the importance of gender, kasi for me nakatulong siya (The role they play is important, because they

compose the judiciary. On the other hand, we must take into account on what will be the context. Like here in the Philippines, we have good laws and statutes. The problem lies on the interpretation and more on the implementation. So, the task is up for the LPs, since they comprise the judiciary. Its time for them to be the arbiter of the validity of decisions. The inclusion for gender-sensitive framework on every practitioner might yield good and impartial outcome. It would be good if the lawyers, with all due respect, would be oriented on the OP-CEDAW. I highly suggest that they include OP-CEDAW in their practice as a start to the importance of gender, because it is very helpful, as for me). Female Lawyer No. 7

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Male Lawyer No. 5 and Female Lawyer No. 7 confirmed the role of legal professionals and importance of gender studies in the legal system. Mathieu Deflem supported the big role upheld by the people in the legal profession through his study on Legal Profession (2007). According to him, the legal professional is primarily someone who is learned in the law and who can provide specialized services on the basis of this expertise. The legal professional thus mediates between the polity as legislator and the public as clients of the law. Deflem also recognized that the legal profession had been diversified at the latter half of the 20th century saying, legal professionals nowadays comprise a wide variety of practitioners, educated in a multitude of legal programs, and are more broadly representative of contemporary society with respect to gender, age, and ethnicity. This supports the idea of using the gender perspective, but not that widely, as Deflem cited that this increasing diversity is not accompanied with equality as disparities have been observed to persist such as gaps among male and female lawyers and differences in cultural and economic capital between solo practitioners and employees in large law firms. It is deemed that the role of legal professionals and the introduction of gender lens in its field are really important. Gerard Brennan (2007), 10th Chief Justice of Australia, have signified the role of legal professionals in the rule of law. He confirms the role of those in the legal profession in advocating the importance of preserving the safeguards of the rule of law, but pointed out that laws, such those that are not already applicable in the present time can be question or even abrogated if it can protect the greater community, that the abrogation is proportionate to the apprehended harm and has a substantial prospect of achieving the desired protection. The inclusion of gender perspective, studies, and the like might be essential for the legal profession to ponder upon, such as that of OP-CEDAW. Media. The influence of media on VAWC cases was also recognized by the respondents. It can be very powerful in the sense that it can depict women in a positive and 74

negative way. 17 out of 20 respondents identified media as a great influence in creating a gender-fair in the society, and all of them also regard media as a factor for the negative image of women as weak and subservient to men. According to the respondents, decision on judiciary is somehow coated with public opinion, which somehow includes stereotyping. Even in personal practice, the respondents acknowledged the influence of medias projection on women in their own profession: Kung titingnan natin yung case ni Karen, masasabi ko na may nacontribute talaga ang media, both good and bad. Una, it publicized the case to many people, if not for all. Marami ang naging aware sa kaso niya, so the decisions should be justly discerned. Second, it awakened the movement or the insertion of gender in the judiciary, kasi nga na-challenge ulit ito dun sa case niya. Third, it was not only publicized, but her case was also romanticized by the media. I think that would account for the delay ng verdict, because the public opinion is pressuring the decision of the judge, kaya palipat-lipat ang kaso. Now, when the decision was arrived at, many were so angry about the outcome, kasi nga base daw on gender myths ang decisions, while in fact it was decided upon the content of evidences, not hearsays. What is needed now is that they should be careful on what will be presented in their audience, may it be in print or in TV. Lalo na kapag sa image ng gender. Its not too late, though its still on the infantile stage . (If

we will try to see it from Karens case, I can say that media has a great contribution, both good and bad. First, it publicized the case to many, if not for all. Many became aware of her case, so the decisions should be justly discerned. Second, it awakened the movement or the insertion of gender in the judiciary, as it was challenged again by her case. Third, it was not only publicized, but her case was also romanticized by the media. I think that would account for the delay of the verdict, because the public opinion is pressuring the decision of the judge, thats why it took them a long time. Now, when the decision was arrived at, many were so angry about the outcome, saying it is based on gender myths, while in fact it was decided upon the content of evidences, not hearsays. What is needed now is that they should be careful on what will be presented in their audience, may it be in print or in TV, especially about the image of gender. Its not too late, though its still on the infantile stage.). Male Lawyer No. 6 (ML6)
Media is so influential that in can guide the verdict and even the process itself of any trial, or even the image of women in the society. So sad, this is not true for Karens case, kasi iyong lack of evidence makes it weak, kaya kahit anong pilit pa ng many concerned and involved parties and intermediaries, mahirap patunayan yan sa batas. Lawmakers and media had an important role to play in the whole process, and that role should be impartial. However, I strongly believed that they should be investigators themselves, that if they may be bias, it would be a good bias to surface out the truth, and maybe critic the system whether there are still efforts

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regarding the mainstreaming of gender. I recommend that they initiate gender-sensitive ads so that awareness would be widespread, and there will be no Karen Vertido in the making again. It is really important that media should initiate in making the invisible visible to the society. They (media) have the capability after all in carrying and delivering a fair view on women, showing the two sides of the coin as much as possible. (Media is so

influential that in can guide the verdict and even the process itself of any trial, or even the image of women in the society. So sad, this is not true for Karens case, due to the lack of evidence that makes it weak, in spite of all efforts of many concerned and involved parties and intermediaries, its hard to prove it. Lawmakers and media had an important role to play in the whole process, and that role should be impartial. However, I strongly believed that they should be investigators themselves, that if they may be bias, it would be a good bias to surface out the truth, and maybe critic the system whether there are still efforts regarding the mainstreaming of gender. I recommend that they initiate gender-sensitive ads so that awareness would be widespread, and there will be no Karen Vertido in the making again. It is really important that media should initiate in making the invisible visible to the society. They (media) have the capability after all in carrying and delivering a fair view on women, showing the two sides of the coin as much as possible) Female Lawyer No. 5

According to Adoracion Avisado in her journal on Gender Law and Transformative Justice (2007), gender stereotyping was also a product of advertisements, radio and television soap operas depicted by the mass media where women were martyrs, merely sex objects, and even dumb. This somehow reinforces a culture that leads to the human rights violations of women and children. The media can also be an area where women could be viewed in a positive way. Media also projects women as capable of performing tough jobs or decisionmaking, or when advertisements project men as capable of performing nurturing roles such as caring for the baby or doing household chores. This clearly shows the two ways on how these projections affect public opinion, or creates a patriarchal culture. The study of Global Media Monitoring Project 2000 affirmed ML6 and FL5s perception on the role of media in gender mainstreaming and women empowerment. Conducted in the New York Beijing Plus Five Conference last year 2000, 70 countries took part in the study called Who Makes the News that examined how men and women are reflected in the media on one

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chosen day (Spears, G. and Seydegart, K., 2000). The study reflected on how women were portrayed in their roles in the society. Over a 100 percentage, women were perceived as home makers (81%), politicians (10%), athletes (9%), and with no state occupation (25%) compared to men (Spears, G. and Seydegart, K, 2000). The percentage shows how women were looked at globally, which is also an accepted reality in the Philippines still perceived as weaker and less-represented than men. Media turned so powerful that they can make women invisible, according to the case study of Colleen Morna on Promoting Gender Equality In And Through The Media (2002) in South Africa. Colleen cited that women were never recognized on the 2001 national elections in Zambia as newspapers released carried an article entitled Peoples Wide Expectations of a New President, where every source and image is of a man, and the piece ends with the subtitle the right man (for the job) even though two of the seven presidential candidates were actually women (Morna,2002). This shows no portrayal of women, missed out as man was recognized. This supports the idea of FL5 that media has a great role in making the women invisible or visible in the society. The image of Maria Clara was also brought up by the respondents, especially by Female Lawyer No. 3, saying:
Media has really messed up and added value to the concept of gender in this country. Its hard to point on them alone. The concept of Maria Clara as someone weak and subservient to men has long been here. However, the media is one of the most influential today given the wide array of audience they have in TV, internet, and everywhere else. What is needed for them is to be prime movers too sa awareness about gender equality, para naman hindi lang manatiling Maria Clara ang tingin natin sa mga babae. Sa mata ng batas, dapat pantay-pantay lahat. (Media has really

messed up and added value to the concept of gender in this country. Its hard to point on them alone. The concept of Maria Clara as someone weak and subservient to men has long been here. However, the media is one of the most influential today given the wide array of audience they have in TV, internet, and everywhere else. What is needed for them is to be prime movers too on the awareness about gender equality, so that our idea of a Maria Clara image of women will be eradicated. In the rule of law, everyone should be treated equally) Female Lawyer No. 3 77

The perception of Female Lawyer 3 connotes an idea that women are viewed as Maria Clara in the Philippine society. According to Kevin Nadal, a Filipino psychologist who wrote Filipino-American Psychology (2011), the image of women as Maria Clara emerged at the arrival of Spaniards in the Philippines. Maria Clara culture or marianismo is defined by Nadal as female submissiveness to machismo, or the belief in the superiority of males over females (2011). According to Nadal, this puts women in a gender role inequality with men. This confirms the idea of Female Lawyer 3 about the presence of Maria Clara image in the Philippine society.

Non-governmental Organizations. The role of NGOs in the process of gender mainstreaming was also emphasized by the respondents. 16 out of 20 respondents see the role of NGOs as watchdogs will really be important in the entire gender mainstreaming process.
Kung manggagaling lang sa government ang effort, medyo mahirap. Kasi being in the position, sometimes hindi na nakikita ng government, particularly Judiciary, iyong mga mali sa policies nila. So the existence of NGOs as independent mediators sa creation of gender oriented policies is really a necessity. What they can do is really to push for a more comprehensive support for gender empowerment. If women would be supported in any forms by this NGOs, then the problem about mainstreaming will slowly be eradicated. So many NGOs that exist today protecting the rights of women. The fight of Vertido was supported by lots of NGOs kaya nagiging solid ang kanyang ground in fighting for her right. So, if it turns out that kalaban mo mismo ang system, NGOs come into the picture to support those who really needed it. What they can continually do right now is to be catalysts for policies concerning about how the government can materialize GAD projects in a way that it will have an impact. They are in the position to somehow evaluate the existing policies of the government about gender mainstreaming if it is effective or not. (If

the effort will be from the government alone, that would be difficult. Being in the position, sometimes the government misses out, particularly Judiciary, the flawed portions of policies. So the existence of NGOs as independent mediators in the creation of gender oriented policies is really a necessity. What they can do is really to push for a more comprehensive support for gender empowerment. If women would be supported in any forms by this NGOs, then the problem about mainstreaming will slowly be eradicated. So many NGOs that exist today protecting the rights of women. The fight of Vertido was supported by lots of NGOs, and 78

this made her strong in fighting for her right. So, if it turns out that the system seems to be against you, NGOs come into the picture to support those who really needed it. What they can continually do right now is to be catalysts for policies concerning about how the government can materialize GAD projects in a way that it will have an impact. They are in the position to somehow evaluate the existing policies of the government about gender mainstreaming if it is effective or not.) Male Lawyer 7

It affirms to the study of Rekha Mehra, R. & Geeta Rao Gupta. (2003) on the importance of NGO. It took steps to implement mainstreaming policies, and set up gender units, hired gender specialists and adopted gender training. Some organizations also made budget allocations. On the operational side, they required gender analysis at various stages of development assistance and some started working with other organizations such as civil society or country governments and other donors (Hannan 2004, NWFA 2002, UNESCAP 2003). The role of NGOs as perceived by Male Lawyer 6 is best defined in Cenap Cakmaks journal on The Role of Non-Governmental Organizations (NGOs) in the Norm Creation Process in the Field of Human Rights (2004). NGOs here are defined as self-governing, private, notfor-profit organizations that are geared toward improving the quality of life of disadvantaged people. They are neither part of government nor controlled by a public body. As such, they are elements of civil society, which is a space arena between households and the state which affords possibilities of concerted action and social self-organization. The role therefore of NGOs is to mediate and critic the government in its laws and policies, so as implementation of it. Judicial System. Apart from the sectors involved, the role of the Judiciary is deemed the most important. The respondents were asked about their recommendations on what areas are needed to be improved further. Most of the respondents suggested that the Judiciary, though it already initiated several programs that seek to make the pillars of justice system gender sensitive, still perceives that the pursuance to the effective implementation of such is

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deemed necessary.14 out of 20 respondents assessed the judicial system as lacking in gender mainstreaming initiatives. . This confirms the responses of Male Lawyers 3 and 7 with regards to preliminary actions

for gender sensitivity in the Judiciary.


The judiciary, siguro, after what transpired na rin sa case ni Karen, made some effort sa importance ng gender sensitivity as a perspective sa mga cases and decisions na ma-encounter nila. Iyong committee nga na ginawa ng Supreme Court, yung Gender Responsiveness. I believe na makakatulong talaga yun sa cases na ire-review ng Supreme Court, and maybe made-delegate na rin sa lower courts, kasi doon naman talaga lage may cases na gaya ng VAWC by nature. Pero, hindi pa rin sapat iyon. Para siguro talaga ma-pursue natin yung bias-free in terms of decision making sa Judiciary, what I can advise is that through this programs they already initiated, concrete incorporation and implementation na siguro ang kailangan. Nandyan na iyong mga kailangan, kulang na lang ng tulak para ipatubad ba. (The Judiciary, I believed and after what transpired to

the case of Vertido, had made some effort regarding the necessity of gender sensitivity in cases and decisions they encounter. The committee created by Supreme Court, whose name is Gender Responsiveness, would be helpful for the cases that will be reviewed by the Supreme Court, and might be delegated all the way down to the local courts, where most cases who are VAWC in nature were mostly common. Still, thats not enough. In order to pursue a biasfree system in decision making, what I can recommend is that through this programs they already initiated, concrete incorporation and implementation is the needed effort. The laws are already there, and a little more push for enforcement is needed. ) Male Lawyer 9
Hindi ko alam kung familiar kayo sa PHILJA, pero ito yung isa sa mga arm ng Judiciary na naka-focus sa pagtrain ng mga judges. As far as I know, it plays a vital role on how the judges pati nga court personnel ay nabibigyan ng short course, it involves maraming topics and whatabouts of judiciary I believe naglagay na sila ng isang committee for gender studies, where iintroduce nila yung lens ng gender for all legal practitioners. I think they should just incorporate it na lang sa structure, then maybe may malaking changes and impact na mangyayari. This way, the system will be induced with gender frame through legal practitioners who have undergone gender studies and training.(I dont know if youre familiar with PHILJA, but

this is one arm of Judiciary that focuses on training judges. As far as I know, it plays a vital role on how the judges, even court personnel, were given short courses that involves the what abouts of the judiciary. I believed they have put up a committee for gender studies, where theyll introduce the the lens of gender for all legal practitioners. I think what is needed now is for them to incorporate it to the structure, and then maybe there would be a great change and impact. This way, the system will be induced with gender frame 80

through legal practitioners who have undergone gender studies and training). Male Lawyer 3 According to Adoracion Avisado (2007), the country has been recently exposed in the mainstreaming of gender and development (GAD). Several departments of the Philippine government have initiated GAD-related projects for the past year including the Supreme Court and other law enforcing agencies. Supreme Court created the Committee on Gender Responsiveness as an answer to the GAD initiatives and policies of the Philippine government. By the virtue of Administrative Order No. 35-96 of the Supreme Court and mandated by R. A. 8557, the Philippine Judicial Academy (PHILJA) has been established, and added a Sub-Committee on Social Context and Gender. PHILJA was created by the Supreme Court to act as "training school for justices, judges, court personnel, lawyers and aspirants to judicial posts. The responses cited the need for training for the judicial personnels and policies that can improve the judicial system. Christine Chinkin, in her book Gender Mainstreaming in Legal and Constitutional Affairs (2001), mentioned the important aspects that should be incorporated in training the personnel in judiciary. She identified that it should include: understanding of the CEDAW Convention, the Beijing Platform for Action, and the Commonwealth Plan of Action on Gender & Development as the fundamental part of training so that the gender lens will emanate from the internal structure. Substance, structure and culture. Benchmarking from the case of Karen Vertido, the respondents were asked what could have gone wrong in the process, and what is problematic in the legal system. 15 out of 20 respondents states that both the structure and culture is wrong, while 17 out of 20 emphasized that the culture have dragged the other two problematically.
I would tell the problem would be on how the law is applied, and mostly on how it would be regarded by most. There are so many good laws that we have, but the way it would be applied is really difficult due to many factors

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na rin. It would be a battle-neck on how the Supreme Court, for instance, interpret the case of Vertido based on so many cases they had previously. It accounted previous rulings that are similar to Vertidos but it fails to account the context it was taken, and the culture to which it was moving. Iyan siguro iyong pagkukulang talaga. (I would tell the problem would be on how

the law is applied, and mostly on how it would be regarded by most. There are so many good laws that we have, but the way it would be applied is really difficult due to many factors na rin. It would be a battle-neck on how the Supreme Court, for instance, interpret the case of Vertido based on so many cases they had previously. It accounted previous rulings that are similar to Vertidos but it fails to account the context it was taken, and the culture to which it was movingThis might really be the shortcoming) - Male Lawyer No. 2
The problem should be address accordingly. If the problem lies on what the law says, then it should be repealed. If its about the structure, it should be looked upon by all who is part of it. However, the issue on the resiliency of the macho culture is pressing all of these. In this case, people must be educated about it. If those in the judiciary inculcate the macho culture, then they are the one who needs to be educated, which is actually the case.

Male Lawyer 5 Gender mainstreaming in the judiciary has long began, but the culture of
machismo is still alive and kicking in the judiciary. That culture should be the one who needs to abolished, if not eradicated. Laws? We have a lot. We have 1988 Family Code of the Philippines, r emphasizes gender and development, Republic Act 7192, and even Republic Act 7877, and of course 9262. These are good laws, but how can you implement this if in the system, women are still viewed as less than man? The culture within judiciary is the one that delegates the discrimination for women. Male

Lawyer No. 9
With the Womens Code of Davao City, I believe that gender mainstreaming is on its way there. Admittedly, the judiciary is somehow marred by what they call macho culture, but I dont think it is really the issue. What needed are laws or ordinances such as this (referring to Womens Code). Maybe, the structure has several inadequacies especially in implementation, and this is something that needs intervention. Going back to the Womens Code, its good because it is comprehensive in a sense that it was patterned from international instruments to which our country is a signatory. Unless people will follow the rules religiously, then everything will be easier. Its not too late. Judge No. 1

In line with the study of Adoracion Avisado on Transformative Justice (2007), the legal system is made up of substance, structure, and the culture. The substance refers to what the law says or the constitutions, laws, statutes, etc. Structure refers to the courts, law enforcers,

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administrative agencies, etc., that determines how the law is applied. Lastly, the culture is anchored on the idea on how people regard the law. This may refer to share attitudes and behaviours toward the law (Avisado, 2007). With the following responses, the problem now arises on what component of the judiciary that needs to be addressed or improved. The problem then is on the structure of law enforcement and on the culture of the judiciary. It calls then to the restructuring of implementation and empowering it to be more effective, and on educating the people, including the judiciary, about gender mainstreaming. Emphasizing more on the how the law is regarded, the presence of machismo culture in the judiciary is seen as the main aspect that needs to be improved.

Chapter 5 SUMMARY OF FINDINGS AND RECOMMENDATIONS This chapter presents the highlights of the overall findings of the study and our recommendations.

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Summary of Findings The respondents were composed of lawyers and judges. Eleven (11) were male while 9 were female. They were categorized into civil lawyers, corporate lawyers, teacher lawyers, human rights advocates and public defender. For the judge respondents, RTC branch judges and MTCC branch judge. II. KNOWLEDGE Karen Vertido Case. All respondents know that the Karen Vertido is a case involving rape. Five (5) out of 20 respondents recalled the incident before the filing of the case happened. Eight (8) out of 20 said that the case remained at the trial court level from 1997 to 2005. A number of respondents, 11 to be exact, Eight (8) out of 11 male respondents Only 3 out of 9 female mostly men emphasized Custodios claim in the trial about him having a relationship with Karen. These respondents are unconvinced that there was rape. Parties involved. Fourteen (14) out of 20 respondents know that Karen Vertido is the first woman from Asia to submit a complaint under the communication procedure of the Optional Protocol however no one mentioned that the Vertido Case was the first case brought from the Asia-Pacific region under the Optional Protocol and the first ever on rape decided under the Optional Protocol. Six (6) respondents mentioned that Karen Vertido was assisted by Filipino lawyer Evalyn Ursua while 5 out of 20 respondents mentioned the well-known Womens Legal Bureau of the Philipines. Moreover, the respondents discussed some matters about Karen Vertidos life; she lost her job, had to endure a commuters marriage and suffered from media. Ten (10) out of 20 respondents said that the case was well-known because of the parties involved. All the respondents said that Jose Custodio is really influential in the business industry noting that he is the former president of Davao Chamber of Commerce (DCC) while Karen Vertido was the executive director. Moreover, 15 out of 20 respondents believed that Custodio 84

and Vertido had a relationship. Three (3) judges and 12 out of 17 lawyers did mention about the facts and evidences presented by both parties. According to these respondents, the accused, Custodio was acquitted because there were no enough evidences that the crime happened. Optional Protocol of CEDAW. Most of the respondents have basic knowledge about the OP-CEDAW. Seventeen (17) out of 20 stated that they know OP-CEDAW as a human rights treaty that complements CEDAW. Ten (10) respondents included in their explanation that only state parties to the CEDAW Convention can become state parties to the OP-CEDAW and twelve (12) out of 20 respondents emphasized that a state is not obliged to ratify OP-CEDAW. Complaint mechanism availed by Karen Vertido. All were familiar with the complaint being filed by Vertido but when it comes to details they possess a lesser degree of knowledge. The respondents mentioned that the process was really tiring and demanding. All respondents were able to enumerate some of the seven myths Vertido peddled in the Davao Regional Trial when it acquitted Custodio. Recommendations of the OP-CEDAW. R e g a r d i n g t h e r e c o m m e n d a t i o n s , r e s p o n d e n t s a n s w e r s c o m p r i s e o f j u d g e s , training for judges, lawyers, law enforcement officers in understanding crimes of rape and other sexual offences in a gendersensitive manner; translation of the views and recommendations; updating the definition of rape; elimination of gender biased concepts; and the need for speedy trial. II. Perceptions The Courts Decision. 13 of the 20 respondents agree that the courts decision was grounded on solid fact and the law. One posited that Judge Europas decision was sound, given the fact that she is known for being a no-nonsense judge. The remaining 7 respondents believe that the decision was based on personal biases and gender myths. The respondents

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believe that Custodios old age and his tight-knit relationship with Vertido are not hindrances for him to commit the act of rape. Time. 15 out of the 20 respondents believe that though the case was long drawn-out, this could not be helped due to the pervasive culture of delay in that exists in the country. The respondents posited that Filipino time manifests in the judicial system. The remaining 5 respondents felt that the case was solved in the adequate amount of time, given the circumstances and sensitive nature of the case and the fact that Custodio filed several motions, The Publics Reaction. 16 of the respondents felt that public opinion was positive

towards the courts decision, siding with Custodio instead of Karen. The remaining 4 respondents state that there were members of the public who did not agree with the ruling. Those who opposed the ruling were mostly members of NGOs. Role of NGOs. 13 respondents agree that the NGOs were beneficial to Vertido s cause. The remaining seven of the respondents did not comment on the role of NGOs. Role of Lawyers and Judges. All respondents believe that the lawyers and judges should act accordingly to their code of legal ethics, and have done so for the whole duration of the case. Role of OP-CEDAW. All respondents bore strong positive sentiments towards the OPCEDAW, seeing it as vital to the elimination of gender discrimination in the world. Recommendations Made by the Committee of the OP-CEDAW. 8 of the respondents agreed that as a whole the recommendations will be beneficial, however they are also flawed Implementation of the OP-CEDAW Recommendations without delay. 16 out of 20 respondents believe that it will be difficult to implement the recommendations without delay,

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given the fact that there is no implementing body and the justice system in the country is a slow one. Only 4 respondents believe that the recommendations can be implemented swiftly. Usefulness of the OP-CEDAW. 15 respondents see the OP-CEDAW as beneficial to the country. The lawyers and judges see it as valuable to their duty towards equality between men and women. The remaining 5 respondents view its implementation process as too slow to make it necessary. Compliance of the Philippines with the OP-CEDAW Recommendations. 14 of the respondents explained that though the Philippines will abide by the OP-CEDAW, however without an implementing body its implementation will be delayed. 4 respondents believe that the Philippines will not abide by the OP-CEDAW; 2 respondents expressed uncertainty. Current Compliance of the Philippines on OP-CEDAW Recommendations. The first recommendation, the removal of the requirement that sexual assault be committed by force or violence, was seen by 10 respondents as open to manipulation and abuse and detrimental to the credibility of the defendants case. 7 respondents felt that the recommendations were fair and sound. Three respondents expressed uncertainty with the recommendations reliability. The second recommendation, appropriate and regular training on CEDAW, was perceived positively by 18 out of 20 respondents. However, the budget for such training was questioned by one respondent. The third recommendation, appropriate training for judges, lawyers, law enforcement officers and medical personnel in understanding crimes of rape and other sexual offence in a gender-sensitive manner, was unanimously perceived positively by all respondents. PHILJA was cited as forerunning leader in the training of judicial personnel. III. Limitations

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Half of the respondents, 8 male lawyers and 2 judges, believed that the court had no shortcomings in dealing with the case. They explained that the course of the proceedings followed proper protocol and was legitimate because everything that transpired was supported by evidences. The other half, on the other hand, 8 female lawyers, 1 male lawyer and 1 female, believed otherwise. They elaborated that there were shortcomings, in terms of the length of time it took for the case to be ruled, that the case was decided upon because of gender-myths and reliance to previous rulings, that there was a lapse in the educational system because lawyers were not educated about gender mainstreaming, that there was and evident machismo culture in the Philippines. 14 out of the 20 respondents agreed that, in terms of process and outcome, the lack of a speedy trial was evident. The reasons behind this range from gender-myths to the immunity of the wealthy from being persecuted and the court being undermanned, lacking lawyers, judges, prosecutors and the like. The remaining 6 respondents opted not to answer or had no knowledge regarding the question. 16 out of the 20 respondents agreed that, with regards to the difficulties they face with their jobs, the nature of having a delayed and slow judicial system, the public labeling them because of the nature of their jobs, and the nature of the case itself to be the challenges they face. The remaining 4 respondents did not answer. IV. Recommendations of the Judges/Lawyers

Legal Profession. 20 out of 20 respondents confirmed that the legal profession is the most essential component in the gender mainstreaming process, especially in the judiciary. Incorporating OP-CEDAW and other related gender studies in their practice is a great start for the entire process of gender mainstreaming. They are perceived as the most knowledgeable in 88

the legal practice, and thus mediate between the government as executors of law and the people as clients of law. It is also recognized by the respondents that the legal profession has long been engaged in the practice of gender mainstreaming as more men and women uses gender lens in their practice, though not that widespread yet.

Media. 17 out of 20 respondents regarded media as having the influence to spread a positive image of women in the status quo which is somehow patriarchal. They recognized that media has the capacity to influence the greater portion of the population through propagandas, advertisements, and every news they present. Somehow, they can create a culture where women are regarded as equal to men. However, all of them perceived too that media is a primary source of negative culture on gender equality, as it portrays women in negative way. Non-governmental organizations. 16 out of 20 respondents identified NGOs as watchdogs in the gender mainstreaming of the judiciary. As agents of the civil society, they stand to evaluate the existing policies of the government if it employs a gender perspective. One of the most effective way that NGOs can check the efficiency of government in the gender mainstreaming process is in the Gender and Development projects of the government. Judicial System. 14 out of 20 respondents assessed the judicial system of the

Philippines as lacking in gender mainstreaming initiatives. Though the highest court, Supreme Court of the Philippines, has initiated along with Philippine Judicial Academy gender studies to educate the legal personnel, there is no clear delegation of this initiative and still on its infantile years. Also, the lack of proper implementation of the laws contributed to the weak gender initiatives and regard. Components of the Legal System. Identifying the substance, structure, and culture as components of the legal system, 15 out of 20 respondents stated that both the structure and 89

culture is wrong, while 17 out of 20 emphasized that the culture have dragged the other two problematically. With this, the culture of judiciary is the main problem in the weak regard for gender mainstreaming in the judiciary. Naming the deep-rooted culture of machismo in the judiciary, the challenge now is on the gender intrusion in the judiciary. Recommendations The following are the recommendations of the respondents based on the study: Due to the results of the study, it is deemed important that international treaties like OPCEDAW should be incorporated and given importance in the curricula of law schools in the Philippines The judiciary, in the level of regional trial courts and municipal courts, should initiate an effective training and seminar workshops that would introduce gender studies to legal professionals who are either part or not of the legal system. That media should present women in a more appropriate way. That advertisements that connotes women as subservient should be prohibited, and women should not be portrayed as subservient, weak, and stereotyped in any way in all forms of media. The media should be able to present women in a positive way and properly utilize its power to influence the public opinion The researchers recommend wider information dissemination on the OP-CEDAW to inform rape victims, lawyers and judges of the legal measures available at their disposal The need for additional training and education for the judicial personnel and policies that can improve the judicial system. The issue of gender mainstreaming and its relation to the seven myths peddled by Karen Vertido should be another important topic for future studies.

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