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COMI,{ISSION ON HUNIA}d RTGHTS
Position Paper on the Proposed Measures Defining Street,
Public Places and Online Sexual I{arassment, Providing
Protective Measures and Prescribing Penalties
The Commission on Human Rights leommission, for brevity) pursuant to
its constitutional mandate to recommend to Congress effective measures to
promote human rights and as Gender and Development Ombud (Gender Ombud)
in the Republic ActgTLo otherwise known as the Magna Carta of Women, submits
this position paper on the proposed measures covered by the following bills:
House Bill No. STgt - AN ACT DEFINING GENDER-BASED STREET AND
PUBLIC SPACES HARASSMENT, PROVIDING PROTECTIVE MEASURE AND
PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES
House Bill No. 5956 - AN ACT DEFINING STREET, PUBLIC SPACES AND
ONLINE SEXUAL HARASSMENT COMMITTED ON AND AGAINST ANY
PERSONS, PROVIDING PROTECTTVE MEASURES AND PRESCRIBING
PENALTIES THEREFORE, A}TD FOR OThdB. PIJRPOSES
House Bill Nos. STSL and 5956 seeks to define and penalize gender-based
harassment in the streets, public places, and even online as a form of sexual
harassment. These forms of harassment include but are not limited to cat-calling,
wolf-whistling, and unwanted sexual remarks and comments online.
The t987 Constitution provides that "the state recognizes the role of women
in nation-building and the fundamental equality before the law of women and
rren". As state party to the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) it is the responsibility of the state to
provide for protection against gender-based violence. The CEDAW Committee's
General Recommendation Lg states that gender-based violence and sexual
h&r&ssrlent is a form of discrimination a'g:'inst iscmen, and should thus be
addressed by States Parties. The Universal Declaration of Human Rrghts provides
fcr the right to security of a person and Principle no. 5 of the Yogyakarta Principles'
niakes available that states must take all measures to impose criminal penalties for
violence and related harassment on the basis of one's sexual orientation and
gender identity. The Human Rights Council adopted a resolution calling on states
to wor:k- in ccoperation for the protection of persons against violence and
discriminatien based on sexual orientation and gender identity.'
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i ?rinciple
5, the Right to Security of the Person, Yogyakarta Principles
A/HRC/RES/32/2, Resolution adopted by the Human Rights 1,pr'1rci! on
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30june 2016
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