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DOMESTIC

VIOLENCE:
A ISSUE
PREPARED BY:
MERCY DE J ESUS
I VORY GACULA


WHAT IS DOMESTIC VIOLENCE?
It is a pattern of abusive and threatening behaviors that may
include physical, emotional, economic and sexual violence as
well as intimidation, isolation and coercion. The purpose of
domestic violence is to establish and exert power and control
over another; men most often use it against their intimate
partners, which can include current or former spouses,
girlfriends, or dating partners.



PREVALENCE OF DOMESTIC VIOLENCE
Globally, the WHO review found 30
percent of women are affected by
domestic or sexual violence by a partner.
The report was based largely on studies
from 1983 to 2010. According to the
United Nations, more than 600 million
women live in countries where domestic
violence is not considered a crime.


PREVALENCE OF DOMESTIC VIOLENCE IN THE
PHILIPPINES
Over 15,000 cases of domestic violence were recorded by the Women and
Children Protection Center of the Philippine National Police in 2011, according
to data from the Department of Social Welfare and Development. This figure
was around 60 percent higher than the recorded9,485 cases in 2010.
One out of five women, aged 15-49, has experienced physical violence, 14.4
percent of married women have suffered physical abuse from their husbands;
37 percent of separated or widowed women have experienced physical
violence. (National Demographic and Health Survey conducted by the National
Statistics Office)

CASES OF DOMESTIC VIOLENCE AGAINST:
Women - which are acts of gender
based violence that results, or are likely
to result in physical, sexual or
psychological harm or suffering to
women; and other forms of physical
abuse such as battering or threats and
coercion which violate a woman's
personhood, integrity and freedom
movement; and
Children - which include the
commission of all forms of abuse,
neglect, cruelty, exploitation, violence,
and discrimination and all other
conditions prejudicial to their
development


WHO ARE THE ABUSERS?
Abusers are not easy to spot.
In public, they may appear friendly
and loving to their partner and
family. They often only abuse
behind closed doors. Abusers often
have low self-esteem. They do not
take responsibility for their actions.
They may even blame the victim for
causing the violence. In most cases,
men abuse female victims. It is
important to remember that
women can also be abusers and
men can be victims.



POWER AND CONTROL WHEEL
A diagram called the Power and Control Wheel, developed by the Domestic
Abuse Intervention Project in Duluth, identifies the various behaviors that are
used by batterers to gain power and control over their victims. The wheel
demonstrates the relationship between physical and sexual violence and the
intimidation, coercion, and manipulation of the wife and children that are often
used by batterers.


THE IMPACT OF DOMESTIC VIOLENCE ON
WOMEN
Psychological and emotional disorders
poorer physical conditionwhich may include:
* Physical injuries - such as cuts,
scrapes and bruises, fractures,
dislocated bones
* Hearing loss
* Vision loss
* Miscarriage or early delivery
longer termhealth impacts may include:
* Gastrointestinal disorders associated
with stress
* Gynecological problems
* Anxiety
* Depression
* Eating disorders
* Post traumatic stress disorder
* Sleep disturbances
* Alcohol and substance misuse
* Suicide

THE IMPACT OF DOMESTIC VIOLENCE ON
CHILDREN
Children and young people who live with domestic violence are more likely to:
display aggressive behavior,
experience anxiety,
have reduced social skills,
suffer symptoms of depression
showemotional distress
may exhibit emotional problems, cry excessively, or be withdrawn or shy
may have difficulty making friends or have fear of adults
may use violence for solving problems at school and home
may be at greater risk of being a runaway, being suicidal, or committing criminal acts
as juveniles and adults





DOMESTIC VIOLENCE AS A HUMAN RIGHTS
VIOLATION
Although international human rights instruments and institutions have only recently
acknowledged domestic violence as a human rights violation, the rights to life and to
bodily integrity are core fundamental rights that are protected under international law.
One of the most significant obstacles to the recognition of domestic violence as a human
rights violation was the belief that international human rights law did not apply to
private harm. This belief was directly tied to prevailing theories of both domestic
violence and international law.
Historically, theories of domestic violence were based on the premise that such
abuse was a family or private matter that was a consequence of mental illness, alcohol
abuse, or poor impulse control. The characterization of domestic violence as a private
aberrationtogether with other causes and complicating factors, such as traditional
gender roles, economic hardship and some religious practicescontinue to impede
efforts to protect women and hold batterers accountable.


Domestic abuse, as violence that occurs within the home in the context of an
intimate relationship, was seen as outside the purview of state responsibility.
Over time, however, the notion of state responsibility under international law
has been expanded in a number of ways. Scholars, advocates and practitioners
now recognize that human rights law does, in fact, apply to private conduct
such as domestic violence. There are three ways in which domestic violence can
be understood as a human rights violation: due diligence, equal protection, and
torture.
Advocates for battered women work to ensure that states take adequate
measures to prevent domestic violence and to investigate and punish violations.
They seek to compel states to ensure that victims of intimate partner violence
are afforded the same legal protections that are available to all victims of
violence. Increasingly, as well, advocates are exploring ways in which an
understanding of domestic violence as torture can be used to strengthen the
state protections afforded to victims of domestic violence and to increase
perpetrator accountability.

R.A. NO. 9262
RA 9262 or the ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT
OF 2004 is a lawthat protects the rights of women & their children & also eliminates
violence as its usually children and women are likely the victims due to unequal
power relations
What is VAWC?
Any act or a series of acts committed by any person against:
a woman who is his wife, former wife
a woman with whom the person has or had a sexual or dating relationship, or
with whomhe has common child,
against her child whether legitimate or illegitimate, within or without the family
abode, which result in or is likely to result in physical, sexual, psychological harm
or suffering, or economic abuse including threats of such acts battering, assault,
coercion, harassment or arbitrary deprivationof liberty


WHO ARE CONSIDERED CHILDREN?
Anyone below 18 years of age, or
older but incapable of taking care
themselves, including the
biological children of the victim
and other children under her care.



ACTS OF VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN
a) Causing physical harmto the woman or her child;
b) Threatening to cause the woman or her child physical harm;
c) Attempting to cause the woman or her child physical harm;
d) Placing the woman or her child in fear of imminent physical harm;
e) Attempting to compel or compelling the woman or her child to engage in conduct
which the woman or her child has the right to desist from or to desist from conduct
which the woman or her child has the right to engage in, or attempting to restrict or
restricting the womans or her childs freedom of movement or conduct by force or
threat of force, physical or other harm or threat of physical or other harm, or
intimidation directed against the woman or her child. This shall include, but not
limited to, the following acts committed with the purpose or effect of controlling or
restricting the womans or her childs movement or conduct:
Threatening to deprive or actually depriving the woman or her child of custody
or access to her/his family;
Depriving or threatening to deprive the woman or her children of financial
support legally due her or her family, or deliberately providing the womans
children insufficient financial support;


Depriving or threatening to deprive the woman or her child of a legal right;
Preventing the woman in engaging in any legitimate profession, occupation,
business or activity, or controlling the victims own money or properties, or
solely controlling the conjugal or common money, or properties;
f ) Inflicting or threatening to inflict physical harm on oneself for the purpose of
controlling her actions or decisions;
g) Causing or attempting to cause the woman or her child to engage in any
sexual activity which does not constitute rape, by force or threat of force,
physical harm, or through intimidation directed against the woman or her child
or her/his immediate family;
h) Engaging in purposeful, knowing, or reckless conduct, personally or through
another, that alarms or causes substantial emotional or psychological distress
to the woman or her child. This shall include, but not be limited to the following
acts:
Stalking or following the woman or her child in public or private places;


Peering in the window or lingering outside the residence of the woman
or her child;
Entering or remaining in the dwelling or on the property of the woman
or her child against her/his will;
Destroying the property and personal belongings or inflicting harm to
animals or pets of the woman or her child;
Engaging in any form of harassment or violence; and
i) Causing mental or emotional anguish, public ridicule or humiliation to
the woman or her child, including, but not limited to, repeated verbal and
emotional abuse, and denial of financial support or custody of minor
children or denial of access to the womans child/children.


WHAT ARE THE FOUR (4) ACTS THAT CONSTITUTE
VAWC?
Physical violence
Sexual violence
Psychological violence
Economic violence


WHAT ARE THE RIGHTS OF VICTIM SURVIVOR?
To be treated with respect and dignity
To confidentiality
To avail of legal assistance from the PAO or any public legal assistance
To be entitled to support services from the DSWD and LGUs
To be entitled to all legal remedies and support provided by the Family Code;
To avail up to 10 days of leave of absence in addition to other paid leaves
To be informed of their rights and the services available to them, including their
right to apply for a protection order.
Violation of confidentiality shall have a penalty of one-year imprisonment and a fine of
not more than 500,000 pesos


WHAT IS THE PURPOSE OF PROTECTION ORDERS ?
to prevent further acts of violence against a woman or her child
safeguards the victim from further harm
minimizes any disruption in the victims daily life
facilitates the opportunity and ability of control over her life
What are the 3 types of Protection Orders?
Barangay Protection Order (BPO) is issued by Punong
Barangay / Kagawad; effective for 15 days
Temporary Protection Order (TPO) refers to the protection
order issued by the Court on the date of filing after exparte
determination that such order should be issued; effective for 30
days and renewable / extendable.
Permanent Protection Order (PPO) refers to protection order
issued by court after notice and proper hearing.


WHAT ARE THE MANDATORY SERVICES FOR
VICTIMS-SURVIVORS?
temporary shelter
counseling
psycho-social services and or recovery and
rehabilitation programs
livelihood assistance;
medical assistance
Rehabilitative counseling and treatment to
perpetrators for them to learn constructive
ways of coping with anger and emotional
outburst and reform their ways (Secs. 40 & 41)


WHAT ARE THE PENALTIES FOR VAWC?
Imprisonment based on the
provisions of the Revised
Penal Code
Fine ranging from
100,000.00 to 300,000.00
Mandatory psychological
counseling or psychiatric
treatment for perpetrators


OTHER FEATURES
Provides for a prescriptive period from 10-20 years (Secs. 24 & 9)
Defines VAWC as public crime (Sec. 25)
Violence against women and their children shall be considered a public
offense, which may be prosecuted upon the filing of a complaint by any
citizen having personal knowledge of the circumstances involving the
commission of the crime.
Custody of minor children should be given to the woman even if she is
suffering from Battered Woman Syndrome (Secs. 28 & 6)













DOMESTIC
VIOLENCE:
A ISSUE
PREPARED BY:
MERCY DE J ESUS
I VORY GACULA




WHAT IS DOMESTIC VIOLENCE?
It is a pattern of abusive and threatening behaviors that may
include physical, emotional, economic and sexual violence as
well as intimidation, isolation and coercion. The purpose of
domestic violence is to establish and exert power and control
over another; men most often use it against their intimate
partners, which can include current or former spouses,
girlfriends, or dating partners.




PREVALENCE OF DOMESTIC VIOLENCE
Globally, the WHO review found 30
percent of women are affected by
domestic or sexual violence by a partner.
The report was based largely on studies
from 1983 to 2010. According to the
United Nations, more than 600 million
women live in countries where domestic
violence is not considered a crime.






PREVALENCE OF DOMESTIC VIOLENCE IN THE
PHILIPPINES
Over 15,000 cases of domestic violence were recorded by the Women and
Children Protection Center of the Philippine National Police in 2011, according
to data from the Department of Social Welfare and Development. This figure
was around 60 percent higher than the recorded9,485 cases in 2010.
One out of five women, aged 15-49, has experienced physical violence, 14.4
percent of married women have suffered physical abuse from their husbands;
37 percent of separated or widowed women have experienced physical
violence. (National Demographic and Health Survey conducted by the National
Statistics Office)




CASES OF DOMESTIC VIOLENCE AGAINST:
Women - which are acts of gender
based violence that results, or are likely
to result in physical, sexual or
psychological harm or suffering to
women; and other forms of physical
abuse such as battering or threats and
coercion which violate a woman's
personhood, integrity and freedom
movement; and
Children - which include the
commission of all forms of abuse,
neglect, cruelty, exploitation, violence,
and discrimination and all other
conditions prejudicial to their
development




WHO ARE THE ABUSERS?
Abusers are not easy to spot.
In public, they may appear friendly
and loving to their partner and
family. They often only abuse
behind closed doors. Abusers often
have low self-esteem. They do not
take responsibility for their actions.
They may even blame the victim for
causing the violence. In most cases,
men abuse female victims. It is
important to remember that
women can also be abusers and
men can be victims.

POWER AND CONTROL WHEEL
A diagram called the Power and Control Wheel, developed by the Domestic
Abuse Intervention Project in Duluth, identifies the various behaviors that are
used by batterers to gain power and control over their victims. The wheel
demonstrates the relationship between physical and sexual violence and the
intimidation, coercion, and manipulation of the wife and children that are often
used by batterers.




THE IMPACT OF DOMESTIC VIOLENCE ON
WOMEN
Psychological and emotional disorders
poorer physical conditionwhich may include:
* Physical injuries - such as cuts,
scrapes and bruises, fractures,
dislocated bones
* Hearing loss
* Vision loss
* Miscarriage or early delivery
longer termhealth impacts may include:
* Gastrointestinal disorders associated
with stress
* Gynecological problems
* Anxiety
* Depression
* Eating disorders
* Post traumatic stress disorder
* Sleep disturbances
* Alcohol and substance misuse
* Suicide




THE IMPACT OF DOMESTIC VIOLENCE ON
CHILDREN
Children and young people who live with domestic violence are more likely to:
display aggressive behavior,
experience anxiety,
have reduced social skills,
suffer symptoms of depression
showemotional distress
may exhibit emotional problems, cry excessively, or be withdrawn or shy
may have difficulty making friends or have fear of adults
may use violence for solving problems at school and home
may be at greater risk of being a runaway, being suicidal, or committing criminal acts
as juveniles and adults






DOMESTIC VIOLENCE AS A HUMAN RIGHTS
VIOLATION
Although international human rights instruments and institutions have only recently
acknowledged domestic violence as a human rights violation, the rights to life and to
bodily integrity are core fundamental rights that are protected under international law.
One of the most significant obstacles to the recognition of domestic violence as a human
rights violation was the belief that international human rights law did not apply to
private harm. This belief was directly tied to prevailing theories of both domestic
violence and international law.
Historically, theories of domestic violence were based on the premise that such
abuse was a family or private matter that was a consequence of mental illness, alcohol
abuse, or poor impulse control. The characterization of domestic violence as a private
aberrationtogether with other causes and complicating factors, such as traditional
gender roles, economic hardship and some religious practicescontinue to impede
efforts to protect women and hold batterers accountable.




Domestic abuse, as violence that occurs within the home in the context of an
intimate relationship, was seen as outside the purview of state responsibility.
Over time, however, the notion of state responsibility under international law
has been expanded in a number of ways. Scholars, advocates and practitioners
now recognize that human rights law does, in fact, apply to private conduct
such as domestic violence. There are three ways in which domestic violence can
be understood as a human rights violation: due diligence, equal protection, and
torture.
Advocates for battered women work to ensure that states take adequate
measures to prevent domestic violence and to investigate and punish violations.
They seek to compel states to ensure that victims of intimate partner violence
are afforded the same legal protections that are available to all victims of
violence. Increasingly, as well, advocates are exploring ways in which an
understanding of domestic violence as torture can be used to strengthen the
state protections afforded to victims of domestic violence and to increase
perpetrator accountability.



R.A. NO. 9262
RA 9262 or the ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT
OF 2004 is a lawthat protects the rights of women & their children & also eliminates
violence as its usually children and women are likely the victims due to unequal
power relations
What is VAWC?
Any act or a series of acts committed by any person against:
a woman who is his wife, former wife
a woman with whom the person has or had a sexual or dating relationship, or
with whomhe has common child,
against her child whether legitimate or illegitimate, within or without the family
abode, which result in or is likely to result in physical, sexual, psychological harm
or suffering, or economic abuse including threats of such acts battering, assault,
coercion, harassment or arbitrary deprivationof liberty




WHO ARE CONSIDERED CHILDREN?
Anyone below 18 years of age, or
older but incapable of taking care
themselves, including the
biological children of the victim
and other children under her care.




ACTS OF VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN
a) Causing physical harmto the woman or her child;
b) Threatening to cause the woman or her child physical harm;
c) Attempting to cause the woman or her child physical harm;
d) Placing the woman or her child in fear of imminent physical harm;
e) Attempting to compel or compelling the woman or her child to engage in conduct
which the woman or her child has the right to desist from or to desist from conduct
which the woman or her child has the right to engage in, or attempting to restrict or
restricting the womans or her childs freedom of movement or conduct by force or
threat of force, physical or other harm or threat of physical or other harm, or
intimidation directed against the woman or her child. This shall include, but not
limited to, the following acts committed with the purpose or effect of controlling or
restricting the womans or her childs movement or conduct:
Threatening to deprive or actually depriving the woman or her child of custody
or access to her/his family;
Depriving or threatening to deprive the woman or her children of financial
support legally due her or her family, or deliberately providing the womans
children insufficient financial support;


Depriving or threatening to deprive the woman or her child of a legal right;
Preventing the woman in engaging in any legitimate profession, occupation,
business or activity, or controlling the victims own money or properties, or
solely controlling the conjugal or common money, or properties;
f ) Inflicting or threatening to inflict physical harm on oneself for the purpose of
controlling her actions or decisions;
g) Causing or attempting to cause the woman or her child to engage in any
sexual activity which does not constitute rape, by force or threat of force,
physical harm, or through intimidation directed against the woman or her child
or her/his immediate family;
h) Engaging in purposeful, knowing, or reckless conduct, personally or through
another, that alarms or causes substantial emotional or psychological distress
to the woman or her child. This shall include, but not be limited to the following
acts:
Stalking or following the woman or her child in public or private places;




Peering in the window or lingering outside the residence of the woman
or her child;
Entering or remaining in the dwelling or on the property of the woman
or her child against her/his will;
Destroying the property and personal belongings or inflicting harm to
animals or pets of the woman or her child;
Engaging in any form of harassment or violence; and
i) Causing mental or emotional anguish, public ridicule or humiliation to
the woman or her child, including, but not limited to, repeated verbal and
emotional abuse, and denial of financial support or custody of minor
children or denial of access to the womans child/children.




WHAT ARE THE FOUR (4) ACTS THAT CONSTITUTE
VAWC?
Physical violence
Sexual violence
Psychological violence
Economic violence


WHAT ARE THE RIGHTS OF VICTIM SURVIVOR?
To be treated with respect and dignity
To confidentiality
To avail of legal assistance from the PAO or any public legal assistance
To be entitled to support services from the DSWD and LGUs
To be entitled to all legal remedies and support provided by the Family Code;
To avail up to 10 days of leave of absence in addition to other paid leaves
To be informed of their rights and the services available to them, including their
right to apply for a protection order.
Violation of confidentiality shall have a penalty of one-year imprisonment and a fine of
not more than 500,000 pesos




WHAT IS THE PURPOSE OF PROTECTION ORDERS ?
to prevent further acts of violence against a woman or her child
safeguards the victim from further harm
minimizes any disruption in the victims daily life
facilitates the opportunity and ability of control over her life
What are the 3 types of Protection Orders?
Barangay Protection Order (BPO) is issued by Punong
Barangay / Kagawad; effective for 15 days
Temporary Protection Order (TPO) refers to the protection
order issued by the Court on the date of filing after exparte
determination that such order should be issued; effective for 30
days and renewable / extendable.
Permanent Protection Order (PPO) refers to protection order
issued by court after notice and proper hearing.




WHAT ARE THE MANDATORY SERVICES FOR
VICTIMS-SURVIVORS?
temporary shelter
counseling
psycho-social services and or recovery and
rehabilitation programs
livelihood assistance;
medical assistance
Rehabilitative counseling and treatment to
perpetrators for them to learn constructive
ways of coping with anger and emotional
outburst and reform their ways (Secs. 40 & 41)






WHAT ARE THE PENALTIES FOR VAWC?
Imprisonment based on the
provisions of the Revised
Penal Code
Fine ranging from
100,000.00 to 300,000.00
Mandatory psychological
counseling or psychiatric
treatment for perpetrators





OTHER FEATURES
Provides for a prescriptive period from 10-20 years (Secs. 24 & 9)
Defines VAWC as public crime (Sec. 25)
Violence against women and their children shall be considered a public
offense, which may be prosecuted upon the filing of a complaint by any
citizen having personal knowledge of the circumstances involving the
commission of the crime.
Custody of minor children should be given to the woman even if she is
suffering from Battered Woman Syndrome (Secs. 28 & 6)





















A diagram called the Power and Control Wheel developed by
the Domestic Abuse Intervention Project in Duluth, identifies
the various behaviors that are used by batterers to gain power
and control over their victims. The wheel demonstrates the
relationship between physical and sexual violence and the
intimidation, coercion and manipulation of the wife and
children that are often used by batterers.
Making her afraid by using looks, actions,
gestures.
Smashing things, destroying her property
Abusing pets
Displaying weapons
Putting her down, making her feel about
herself, humiliating her.
Calling her names
Making her think shes crazy
Playing mind games
Making her feel guilty

Making and/or carrying out threats to do
something to hurt her.
Threatening to leave her, to commit suicide, to
report her to welfare.
Making her drop charges
Making her do illegal things
Making her feel guilty

Preventing her from keeping or getting a job.
Making her ask for money
Giving her an allowance, getting her money
Not letting her know about or have access to
family income

Treating her like a servant.
Making all the big decisions and acting like the
Master of the Castle.
Being the one to define mens and womens
roles.
Making her feel guilty about the children.
Using the children to relay messages.
Using visitation to harass her.
Threatening to take the children away.
Making light of the abuse and not taking her
concerns about it seriously.
Saying the abuse didnt happen.
Shifting responsibility for abusive behavior.
Saying she caused it.
Controlling what she does, who she sees and
talks to, what she reads and where she goes.
Limiting her outside involvement.
Using jealousy to justify actions.