CEDAW/C/PHI/5-6
On gender discrimination of laws on prostitution and alternative job opportunities for women
“The Committee commented on the discriminatory application of the laws against
prostitution which are enforced against sex workers and not the men involved as
traffickers, pimps and clients, and noted further that forced medical examinations of the
women without similar attention to male clients is not effective as a public health
measure. (Paragraph 19) … The Committee recommended that appropriate measures for
dealing with prostitution should focus on penalizing traffickers and creating alternative
job opportunities for women.” (Paragraph 26)
26. The Philippine government, with the strong support of the women’s movement, succeeded in
getting Congress to pass the Anti-Trafficking in Persons Act of 2003 (RA 9208). Approved in
May 2003, it is a comprehensive law that institute policies to eliminate trafficking in persons
especially women and children, establishes the necessary institutional mechanisms for the
protection and support of trafficked persons, and sets sanctions and penalties to traffickers, to
those who facilitate trafficking and to those who buy or engage the services of trafficked persons
for prostitution. Its key features are discussed under Article 6 of this report.
27. The social welfare department and a number of NGOs conduct programs to provide alternative
employment for women in prostitution who choose to leave the trade, or are rescued from white
slavery and sexual exploitation. NGOs take on the very critical role of organizing the women,
informing them of their rights and providing them with legal and counseling services.
28. Interventions under FPW. The government continues to seek the passage of an anti-prostitution
bill that decriminalizes persons exploited in prostitution and redefines prostitution as the
victimization of persons, “whether woman, man or child for the sexual gratification, exploitation
or pleasure of another in exchange of cash, profit or any other consideration.” While the AntiTrafficking Law views prostitution in the same way, the proposed anti-prostitution law considers
“any act which promotes or facilitates the accomplishment of the said acts” as also constituting
prostitution. The decriminalization of women in prostitution is consistent with the FPW
objective of formulating and implementing “legislative measures that will eliminate gender
bias.” To aid the passage of the anti-prostitution bill and similar legislative measures, the
government, with the support of other GAD advocates, has embarked on plans to initiate the
following strategies and interventions.
a. Strategies: (i) increasing the capability of local and national legislators in formulating
relevant legislative GAD measures, (ii) aggressively soliciting legislative support for GAD,
and (iii) strengthening women’s groups to lobby for passage of legislative measures.
b. Interventions: (i) conduct gender awareness seminars for members of the legislative bodies
at various levels; (ii) establish or strengthen GAD focal points in legislative offices, (iii)
review local ordinances and laws for possible gender bias and gaps, (iv) enact pro-women
and gender-fair ordinances and laws, (v) conduct training on advocacy and lobbying for
women’s groups, (vi) establish or strengthen networks of government, NGOs and civil
society for legislative advocacy, and (vii) generate public opinion on legislative proposals
through the use of tri-media.
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