Notes - The Safe Spaces Act
Notes - The Safe Spaces Act
Notes - The Safe Spaces Act
enacted earlier this year now has implementing rules and regulations in force.
It is closely related to the first Anti-Sexual Harassment Act (RA 7877) of 1995.
This “Bawal Bastos” law penalizes catcalling, wolf-whistling, misogynistic and homophobic slurs,
unwanted sexual advances, and other forms of sexual harassment in public places, workplaces, schools,
as well as in online spaces.
According to Sentro ng Alternatibong Lingap Panligal (Saligan) lawyer JC Tejano, safe spaces only used
to mean private property. When the 1995 law came out, safe spaces were expanded to the public domain
– legally described to be in work, educational, and training facilities.
The new Safe Spaces Act expands them even further, to public spaces like streets and malls, and even in
cyberspace.
How is it different from the old law?
The original law has a limited definition of sexual harassment and who can be considered the offender.
The first definition of sexual harassment is as follows: “…committed by an employer, employee, manager,
supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person
who, having authority, influence or moral ascendancy over another in a work or training or education
environment, demands, requests or otherwise requires any sexual favor from the other, regardless of
whether the demand, request or requirement for submission is accepted by the object of said Act.”
Only persons in authority could be charged as offenders. There are no provisions for harassment by
subordinates or peers.
Now anyone can be an offender.
The Safe Spaces Act covers even sexist, homophobic, and transphobic remarks. That means you can file
a case against someone who says something like, "Ang mga bakla, pang-parlor lang dapat 'yan eh. (Gay
men belong to hair salons.)"
The new law does not supersede the original Anti-Sexual Harassment Act. If someone’s offense qualifies
under both the Safe Spaces and Anti-Sexual Harassment acts, they can be charged for counts under both
laws. Offenses can also intersect other laws like the Anti-Violence Against Women and Children Act.
Sexual harassment in streets and public spaces
Before the law was enacted, an offense could be committed only in a workplace, educational, or training
environment.
Now there are more physical spaces that are under the protection of the law. Gender-based sexual
harassment in streets and public spaces is committed "through any unwanted and uninvited sexual
actions or remarks against any person regardless of the motive for committing such action or remarks."
The law protects you if you are harassed in any of the following public spaces:
Streets and alleys, public parks
Schools, buildings, malls, bars, restaurants
Transportation terminals, public markets
Spaces used as evacuation centers
Government offices
Public utility vehicles as well as private vehicles covered by app-based transport network services
Other recreational spaces such as, but not limited to, cinema halls, theaters, and spas
Despite these physical spaces specified under the law, Tejano said safe spaces “follow persons.” Whether
you are in a private or public place, you have a safe, inviolable, space around your body that can only be
entered with your consent, online, or offline.
ADVERTISEMENT
Online sexual harassment
The law pushes for safer cyber spaces as well. Gender-based online sexual harassment includes acts that
use information and communications technology to frighten victims through:
Physical, psychological, and emotional threats
Unwanted sexual misogynistic, transphobic, homophobic, and sexist remarks and comments
online whether on public posts or through private messages
Invasion of the victim’s privacy through cyber stalking and incessant messaging
Recording or sharing any of the victim’s photos, videos, or information without permission
Impersonating victims’ identities
Posting lies about victims to harm their reputation, and filing false abuse reports to online
platforms to silence victims
Who can file the complaint?
It is a given that the person harassed can file a complaint. However, even persons apart from the
victim can file one, since some victims may not want to live through their trauma again, given the
processes of filing a case.
However, “unwanted and uninvited” sexual harassment must be proven, going by the definition of the
crime. The victim would also still need to testify to make a stronger case.
Who has the responsibility to protect you?
In the new law, privately-owned public places, employers, schools, local government units (LGUs), and
national government agencies (NGAs) are responsible for ensuring protection.
Privately-owned places open to the public, like restaurants and retail stores, must adopt a zero-tolerance
policy against gender-based sexual harassment in streets and public places. They are obliged to provide
assistance to victims by coordinating with the police, making CCTV footage available, and encouraging
victims to report harassment at the first instance.
Workplaces and educational institutions are mandated to create an independent internal mechanism or a
committee on decorum and investigation (CODI) to investigate and address complaints.
They are compelled to investigate even if a victim does not want to file a complaint or does not request
the school to take any action.
Educational institutions have the right to strip a guilty perpetrator of his or her diploma, or issue an
expulsion order.
Among other responsibilities, LGUs are obliged to pass an ordinance localizing the law, and to create an
anti-sexual harassment hotline.
The DILG, Philippine Commission on Women, and the Department of Information and Communications
Technology are the national bodies responsible for overseeing the implementation of the law. –
Rappler.com
Here are some clear guidelines for ensuring sexual harassment is not occurring in your
workplace. This should help you play a part in ending sexual harassment at work for good.
1. Understand the definition of sexual harassment
All staff should understand what is meant by sexual harassment. Here are some examples:
OPENING REMARKS.
As a backgrounder, the Safe Spaces Act is closely related to the first Anti-Sexual Harassment Act (RA
7877) of 1995. But it is worthy of note that this does not supersede the Anti-sexual harassment act, to
cover not only harassment in a WET environment but also in public places as defined by this new law. In
a way, the law seeks to protect those who are victimized by offenders in a larger scope than what was in
the fist Anti-sexual harassment act.
Participants who are invited today have the social responsibility to disseminate their learnings to their
peers, and colleagues in the office. It is not asking too much but participants have to be in full support of
the zero tolerance policy on our office against sexual harassment. You would serve as the frontliners of
the office in our vigilance so no one woule be a victim. It goes without saying that there should be a clear
zero tolerance policy towards sexual harassment in your organisation.
Without much ado xxxx I would formally welcome you all to the Learning Event on xxx. Good morning.