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I. Background
Gender Based Violence in the Philippines
The Philippines is bound not only by the Universal Declaration of Human Rights (UDHR),
but also by 7 other human rights treaties that uphold the equal rights and dignity of all.
The respect, protection, and fulfillment of rights are obligations of the State, including
upholding the UDHR’s primary tenet that “all human beings are born free and equal in
dignity and rights.”
Gender-based inequality cuts across all factors of one’s identity. Women, as well as those
who identify with non-binary classifications of gender, suffer from multiple and intersecting
barriers in the enjoyment of their human rights - on the basis of sexual orientation, gender
identity, expresssion and sex characteristics, and other intersecting identities such as
age, ethnicity, disability, class, relition, education status etc. The Yogyokarta Principle
states that “human beings of all sexual orientations and gender identities are entitled to
the full enjoyment of all human rights.” Article II of the 1987 Philippine Constitution
declares that “the State values the dignity of every human person and guarantees full
respect for human rights.”
Currently, many laws are in place to protect women and girls from different forms of
gender-based violence. Key legislations include the Anti-Violence Against Women and
their Children Law (RA 9262), the amended Anti-Rape Law (RA 8353), the Magna Carta
of Women (RA 9710), and the more recently enacted, the Safe Spaces Act (RA 11313),
among others.
Despite legal provisions, gender based violence (GBV) remains pervasive in the
Philippines. The 2017 National Demographic and Health Survey (NDHS) shows that 1
out of 4 married women aged 15-49 experience physical, sexual, or emotional violence
under the care of their current or most recent partners. Eleven percent of women believe
they deserve battery by their husbands for accusations of neglecting their children,
inciting arguments, refusing intercourse, engaging in activities without permission, and
even accidentally burning meals. Eight of ten children who identify as lesbian, gay,
bisexual, or transgender (LGBT) are abused by family. The 2017 NDHS also shows that
only one third of women who experience physical or sexual violence sought help, and
that the common source of help was not with authorities but with the woman’s own family
(65%) and friends (18%). This does not speak well of a country that boasts of placing 8th
in the Global Gender Gap Report of 2018 and of being one of the most gender equal
countries in Asia.
The Gender Based Observatory Project
As the Gender Ombud under the Magna Carta of Women, the Commission on Human
Rights (CHR) promotes and advocates for women’s human rights and gender equality. It
also monitors the implementation of the Magna Carta of Women and the State’s fulfillment