Otherwise known as anti-violence against women free essay sample

Violence comes in many forms. It is not just physical, like a black eye or a swollen face. Other forms of violence are less visible but equally painful and damaging. Incidents involving video-taping and the posting or circulating of such material has brought about many questions as to what kind of abuse or violence is punishable. There is currently no law that specifically punishes the acts of video-taping a sexual or other private act and circulating this content without the consent of the persons involved. I filed a bill in the senate known as The Anti-Video Voyeurism Act of 2009 that seeks to punish these acts. I hope this will be heard and passed into law soon. At present though, victims can take refuge in Republic Act 9262 otherwise known as the Anti-violence against Women and Children Act of 2004 which penalizes various forms of violence. A victim can also claim for damages. There has been a spate of cases filed against prominent male personalities by their wives/former ex-wives, etc. We will write a custom essay sample on Otherwise known as anti-violence against women or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page For violation of Republic Act 9262. Some of those who filed include Kris Aquino, Sunshine Cruz, and even the wife of a former Senator. This begs the question, what is R. A. 9262? And why do all abused women use it against their significant others? R. A. 9262 is also known as the Anti-Violence Against Women and Children Act (VAWC). It has become a favored tool for addressing the grievances of women in abusive relationships because of its expansive provisions. Violence against women and children are defined under the law as â€Å"any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or 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, battery, assault, coercion, harassment or arbit round the world at least one woman in every three has been beaten, coerced into sex, or otherwise abused in her lifetime. Every year, violence in the home and the community devastates the lives of millions of women. Gender-based violence kills and disables as many women between the ages of 15 and 44 as cancer, and its toll on womens health surpasses that of traffic accidents and malaria combined. 1 Violence against women is rooted in a global culture of discrimination which denies women equal rights with men and which legitimizes the appropriation of womens bodies for individual gratification or political ends. Violence against women feeds off discrimination and serves to reinforce it. When women are abused in custody, when they are raped by armed forces as spoils of war, or when they are terrorized by violence in the home, unequal power relations between men and women are both manifested and enforced. Violence against women is compounded by discrimination on the grounds of race, ethnicity, sexual identity, social status, class, and age. Such multiple forms of discrimination further restrict womens choices, increase their vulnerability to violence and make it even harder for women to obtain justice. There is an unbroken spectrum of violence that women face at the hands of people who exert control over them. States have the obligation to prevent, protect against, and punish violence against women whether perpetrated by private or public actors. States have a responsibility to uphold standards of due diligence and take steps to fulfill their responsibility to protect individuals from human rights abuses. Statement of the Problem Generally, the study sought to determine the implementation of R. A. 9262 otherwise known as Anti-Violence Against Women and Children in Calapan City Oriental Mindoro. Specifically, the study answered the following questions: 1. What is the impact of implementation of the R. A. 9262 in terms of: 1. 1 age 1. 2 gender 1. 3. healthcare 1. 4. penalty 1. 5. protection order? 2. What is the process of implementation of R. A. 9262 in terms of: 2. 1 physical violence 2. 2 sexual violence 2. 3 psychological violence 2. 4 economic violence? 3. Is there a significant relationship between the impact and process of Implementation of R. A. Otherwise known as the Anti-Violence Against Women and Children Act of 2004 in Calapan City Oriental Mindoro? 4. Is there a significant difference on the impact of the Implementation of R. A. 9262 in terms of age, gender, healthcare, penalty and protection order? 5. Is there a significant difference on the process of implementation of R. A. 9262 in terms of physical violence, sexual violence, psychological violence and economic violence? Statement of the Hypothesis 1. There is no significant relationship between the process and impact of the implementation of R. A. 9262. 2. There is no significant difference on the impact of implementation of R. A. 9262 in terms of age, gender, healthcare, penalty and protection order. There is no significant difference on the process of implementation of R. A. 9262 in terms of physical violence, sexual violence, psychological violence and economic violence. Scope and Limitation of the Study The researcher focused on the impact and process of implementation of R. A. 9262 otherwise known as Anti-Violence Against Women and Children Act of 2004 in Calapan City Oriental Mindoro. The study assessed the impact on implementation of R. A. 9262 in terms of age, gender, healthcare, penalty and protection order; and the process of R. A. 9262 in terms of physical violence, sexual violence, psychological violence and economic violence. Respondents of the study were the 75 children and women who were involved in this act. The questionnaire were administered at the selected barangays in Calapan City Oriental Mindoro covering academic year 2013-2014. Significance of the Study The study were significant to the following persons: Oriental Mindoro Police Personnel. This study may provide an insight on the significance of implementation of this act and competency in their tactical skills. Women’s Desk Personnel. The result of the study may guide the women’s desk personnel to improve their knowledge regarding the implementation of R. A. 9262 Women and Children . They would provide with information on the implementation of the R. A. 9262. Criminology Instructors. This study may enable the criminology instructor to assess the OJT performance of the intern and for the enhancement of criminology profession to produce globally competitive criminologist. Criminology Students. The result of the study may be helpful to the criminology students to determine the different acts and protection in the R. A. 9262 that should be strengthened. Future Researchers. They may use the information from the result of this study for further research. Definition of Terms For better understanding of this study, the following terms were operationally and conceptually defined: Barangay Protection Orders (BPOs)- refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Section 5 (a) and (b) of this Act. Battered Woman Syndrome- refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. Battery- refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress. Children-refers to those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the victim and other children under her care. Dating relationship- refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship. Domestic abuse- known as spousal abuse,that occurs when one person in an intimate relationship or marriage tries to dominate and control the other person. Domestic abuse that includes physical violence is called domestic violence. Economic abuse- refers to acts that make or attempt to make a woman financially dependent. Physical Violence- refers to acts that include bodily or physical harm. Protection Orders- A protection order is an order issued under this act for the purpose of preventing further acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary relief. Psychological violence- refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children. Relief -granted under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victims daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life. Safe place or shelter- refers to any home or institution maintained or managed by the Department of Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the victim. Sexual relations -refers to a single sexual act which may or may not result in the bearing of a common child. Sexual violence- refers to an act which is sexual in nature, committed against a woman or her child. Stalking refers to an intentional act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof. Violence against women and their children refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or 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, battery, assault, coercion, harassment or arbitrary deprivation of liberty. Theoretical Framework This study were anchored on the following reviews of management and motivation theories. The Expectancy Theory of Motivation by Vroom (2005) holds that people are motivated to do things and to reach a goal if they believe in the worth of the goal they set and if they can see that what they do will help them achieve it. Luther (2005) subscribes and said that everything done in the world is do ne in hope. (Santos, 2010) Vroom (2005) expanded that peoples motivation toward doing anything is largely determined by the value placed on the outcome and output of their effort(whether positive or negative), that is, multiplied by the confidence they have and their efforts will materially aid in achieving a goal. He pointed out that motivation is a product of the anticipated worth that an individual places on a goal and the chances he or she sees of achieving a goal, thus: (Force = valence x expectancy) where force is the strength of the persons motivation; valence is the strength of an individuals preference for an outcome; and expectancy, the probability that a particular action will lead to the desired outcome. (Santos, 2010) The precepts of the theory lend credence and basis to the present research study. The Calapan Police Station is institutionalized with multifarious objectives to accomplish and attain wherein its members are driven and motivated to maintain peace, order and establish the atmosphere of trust among women, children and youth by implementing the legal framework of peace keeping. In every effort taken by the Calapan Police Station it anticipates that positive results could be achieved because it fully perceives of overwhelming support it derives from the people aside from the fact that it has been endowed with technical, financial and human resources to succeed in its endeavor. Another theory which relates to the operations and services of thesis the Systems Theory to Operational Management by Weirich and Koontz(2003). They emphasized that an organized enterprise does not, of course, exist in a vacuum. It is rather dependent on its external environment which is a part of a larger system to which it belongs, the economic system and society. Thus, the enterprise receives inputs, transforms them, and exports the outputs to the environment. (Griffin, 2009) The inputs from the external environment include people, capital and managerial kills as well as technical knowledge and skills. Various groups of people make demands on the enterprise. Basically, managers transform the inputs, in an effective and efficient manner, into outputs. The transformation process can be viewed from different perspectives, thus, one can focus on such diverse enterprise functions as finance, production, personnel and marketing. Particularly, the transformation processes are viewed according to an approach to management. The relationship of the theory to the present research study points the significance of resources available at the Calapan Police Station , which it needs to use very effectively in implementing R. A. 9262. These resources, of whatever types and kinds, largely contribute to the success of the programs prepared for women, children and youth especially if proper management of resources used is planned together by the group. However, the insufficiency of the resources, may mean a partial or total failure. Meanwhile, the responses and reception of beneficiaries to the program are also valuable in determining the effectiveness of the R. A. 9262 in Calapan City. , thus, the Calapan Police Station could manifest satisfaction because it has been able to create better output from the inputs it has transformed. The Contingency Theory to Leadership as advanced by Fiedler (2003) is also related to the current research study. Contingency theory holds that people become leaders not only because of the attributes of their personalities but also because of various situational factors and the interactions between leaders and group members. (Carlos, 2007) Fiedler (2003) identifies three critical areas of leadership which help determine how leadership could be most effective, hence: position power; task structure; and leader-member relations are presented below: a. ) Position Power distinguishes a person from one another based on the power endowed to him. This helps leaders get members comply with directions and rules advocated by an organization. b. ) Task structure helps leaders in spelling out tasks to be assigned to a member whom leaders hold responsible for them. c. ) Leader-member relations determine how each and every member of an organization comes to like, trust and follow the leader. All concepts of an organization incorporated in the preceding theory are binding to the present research. It is the researchers view that Calapan City Police Station plans, implements and evaluates its R. A. 9262 based on how the organization is set up and expected to function as guided by some standard operating procedures and orders. The Chief of Operations is definitely followed and whose power and authority are perceived with due high respect, however, the same has to treat subject his members with due respect and dignity. This is how the Calapan City Police Station as the organization functions, because it is an structured, hierarchically ordered and the leaders/members conceived of the significant contributions of their respective roles to the implementation of peace keeping thrusts. From all the three foregoing theories, the Calapan City Police Station derives its power, basis and thoughts of planning and implementing R. A. 9262. The Systems Approach to Operational Management, of all situations, is properly fitted and most related to the present research study. In general, the operations and services rendered by the Provincial Jail are dependent upon the kind of management practice and techniques adhered to by the PNP organization. All the three enumerated theories are quite similar to each other because each one of them has concentration on effective organizational function as influenced by the fundamental principles of motivation, leadership, and management. These theories properly represent all of the variables used in this research. As such status of the implementation of R. A. 9262 may be anchored on the precepts of Vrooms Theory of Motivation. Level of contribution and extent of effectiveness of operational services of the Calapan City Police Station may be incorporated in either Systems Approach to Operational Management by Weirich and Koontz and the Contingency Theory of Leadership by Fiedler. Conceptual Model Based on the theoretical discussions, the conceptual model is drawn below. IV DV Figure 1 Hypothesized Relationship and Difference Between Variables Figure 1 presents the conceptual model of the study. Two variables are included in the study. The independent variable is the impact of the R. A. In  terms of age, gender, healthcare, penalty and protection order. The dependent variable is the process of the R. A. 9262 in terms of physical violence, sexual violence, psychological violence , and economic violence. The one-headed arrow signifies the hypothesized relationship between variables. The two headed arrows inside the independent and dependent variables test the difference on their variables or sub-indicators. Chapter II REVIEW OF RELATED LITERATURE AND STUDIES The following are the summary of readings synthesized by the researcher from various literature and studies which have significant bearing to the current study. Foreign Literature According to O’canor During the USE RA 9262 National Network of Family Violence Prevention Programs (NNFVPP) Partners’ Assembly last October 17-20, 2011, participants shared that there is now an increasing number of women victim-survivors who file for Barangay Protection Orders (BPO) or formal cases against perpetrators of abuse/violence against women and their children (VAWC). Most of them attributed this progress to the organization. Quincy (2009) mentioned that Domestic abuse, also known as spousal abuse, occurs when one person in an intimate relationship or marriage tries to dominate and control the other person. Domestic abuse that includes physical violence is called domestic violence. Stuart (2001)mentioned that domestic violence and abuse are used for one purpose and one purpose only: to gain and maintain total control over you. An abuser doesn’t â€Å"play fair. † Abusers use fear, guilt, shame, and intimidation to wear you down and keep you under his or her thumb. Your abuser may also threaten you, hurt you, or hurt those around you. A World Bank (1993) study states that among women aged 15-44 worldwide, gender-based violence accounts for more death and ill-health than cancer, traffic injuries and malaria put together. Country-level studies of UNICEF (2000) estimates that there are 20 to 50 percent of women who have experienced domestic violence, making it the most prevalent form of gender-based violence. The same is true in the Philippines, where battering is the most prevalent, and rape second. Recognizing the seriousness of the problem. The data on violence against women and children is alarming. Congress passed R. A. No. 9262 which took effect on March 27, 2004. According to UNICEF,(2006) children living in families where domestic violence occurs may be exposed to intimate partner violence and abuse in a number of ways. They may be direct witnesses to abuse, may suffer harm incidental to the domestic abuse, may have their lives disrupted by moving or being separated from parents, may be used by the batterer to manipulate or gain control over the victim, and they themselves are more likely to be abused. Exposure to domestic violence is widespread internationally and it is associated with other forms of child maltreatment. According to the Federal (2010), domestic violence and abuse does not discriminate. It happens among heterosexual couples and in same-sex partnerships. It occurs within all age ranges, ethnic backgrounds, and economic levels. And while women are more commonly victimized, men are also abused—especially verbally and emotionally, although sometimes even physically as well. The bottom line is that abusive behavior is never acceptable, whether it’s coming from a man, a woman, a teenager, or an older adult. You deserve to feel valued, respected, and safe. According to Lundy Bancroft, among others, children are sometimes used by batterers to manipulate or spy on their victims, becoming a tool for the abusive partner. A batterer may threaten to take custody of or kidnap the children if the victim reports the abuse; he may also threaten to harm or kill the children. In addition, a batterer often insults and demeans his victim’s parenting of the children. He may also tell her that she will lose custody if she seeks help or tries to get a divorce because she allowed the abuse to happen. He may even harm the children in order to control their mother. During and after separation, batterers continue to use these tactics. Unsupervised visitation and joint custody, in particular, provide the batterer with opportunities to abuse, threaten and intimidate their former partners even when no longer living with them. Mothers’ and children’s human rights are violated by state actors in the U. S. such as the court system and child protection workers, which have been documented in Massachusetts and Arizona. According to the American Medical Association, the problem is not confined to the emergency departments. Physicians in all practice settings routinely see the consequences of violence and abuse, but often fail to acknowledge their violent etiologies, reported a 1994 AMA publication on domestic violence. By recognizing and treating the effects of domestic violence, and by providing referrals for shelter, counseling and advocacy, physicians can help battered women regain control of their lives. Local Literature Asia Society for Social Improvement and Sustainable Transformation (ASSIST) and the Women’s Crisis Center are holding Barangay Campaigns for the USE RA 9262 (Undertaking Survivors’ Experience in accessing RA 9262 – The Anti-Violence against Women and Children (Anti-VAWC) Act) Project on September 16, 17 and 18 in Brgy. UP Campus, Brgy. Bagong Silangan and Brgy. Sta. Lucia Domestic violence and abuse can happen to anyone, yet the problem is often overlooked, excused, or denied. This is especially true when the abuse is psychological, rather than physical. Noticing and acknowledging the signs of an abusive relationshipis the first step to ending it. No one should live in fear of the person they love. If you recognize yourself or someone you know in the following warning signs and descriptions of abuse, reach out. There is help available. According to the PNP (2009), Melissa Martel stands out among thousands of women who suffered abuse because she is probably the first woman who got a Temporary Protection Order against her husband, whom she sued for Frustrated Parricide. The Family Court of Makati City issued a Temporary Protection Order on May 4, 2004, a day after Melissa’s petition. Without Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and their Children Act of 2004 (Anti-VAWCA), abused women would not have such an immediate relief. DSDW (2008, state that the Anti-VAWCA is a result of nine years of advocacy of victim-survivors, women’s rights and human rights advocates, non-government organizations, and government organizations led by the National Commission on the Role of Filipino Women. This law is also in compliance with the Convention on the Elimination of Discrimination Against Women (CEDAW) which the Senate ratified in 1981. According to, he has a three-year-old law, RA 9262, protecting the interests of battered wives and their children and giving substance to the equality of the sexes. Well and good. (Federico D. Pascual JR, 2004) But now some of the menfolk hit by the â€Å"Anti-Violence Against Women and Their Children Act of 2004† complain that the law is skewed against the male partner as even abusive women are favored. There was this seaman, for instance, faithfully sending dollars to his wife. She was not communicating, because, he learned later, she was having an affair. One day the car he bought when he was still single figured in an accident while being driven by his wife’s paramour. When he refused to reconcile and live with his wife upon his return, she sued under RA 9262. The court issued a protection order and the seaman lost all his properties registered under his wife’s name. He was even ordered to surrender his car to her. In another case, a woman colluded with her live-in partner’s children from a prior marriage to partition for themselves the properties while the man was away serving sentence in prison. Soon after his return, the woman abandoned him and applied for a protection order by alleging physical and psychological violence. The woman then used the court order to try to evict him from his own residence without hearing.   According to the 2008 Statistical Report of the National Commission on the Role of Filipino Women (NCFRW), violence against women (VAW) cases in the Philippines rose to 21 percent from the 2007 report. With the implementation of the Republic Act 9262 (RA 9262) or the Anti Violence against Women and Children Act of 2004, it is alarming that the number of violations against women’s rights did not decrease and has in fact risen. Thus, the USE RA 9262 – Undertaking Survivors’ Experiences in accessing RA 9262 – Web Portal seeks to enhance the existing network of individual, groups, non government organizations (NGOs) and government institutions who are advocating the effective implementation of the law for the promotion of women’s rights. The USE RA 9262 Web Portal is a compendium of related literature, studies and discussions from the different stakeholders advancing anti violence against women and children (VAWC). Foreign Studies Researchers Evan Stark, directors of the University of Connecticut Health Care Centers Domestic Violence Training Project, on his study â€Å"Impact and Reaction on R. A. 9262† have concluded that domestic violence may be the single most common cause of injury among women seeking medical attention, surpassing auto accidents, muggings, and rape combined. Their studies show that 40 percent of the women seeking medical attention are, or have been, victims of such violence. They estimate that from 20 to 25 percent of the women in the United States––more than 12 million––are at risk of being abused by an intimate male partner. As many as 4 million women are battered each year in this country; nearly three thousand are killed. Melissa Wade, (2008) on her study entitled â€Å"Violence against Women and Children† found at that many women, victims of domestic violence, live in fear of pain and death. They are isolated, often lacking in self-esteem. They tend to blame themselves for what is happening and they try to explain away the bruises and broken bones. They may suffer depression and anxiety; some turn to drugs or alcohol and attempt suicide. A surprising number of them prove to be survivors; they develop strategies to endure and to protect themselves and their children. However, without help, escape is terrifyingly difficult. Few can simply walk away. Even if they flee, they may be stalked, harassed, or killed. Miley Wilhelm,(2009) on her Master’s Thesis entitled â€Å"Implementation of R. AS. 9262† found out that the traumatic impact of domestic violence on children is well documented. Rich or poor, these are children at risk. Most survive (often at great physical and emotional cost), others do poorly in school, drop out, or run away. Some turn to violent crime, some find marginal jobs, and others may even have successful careers. They have children and repeat the violent cycle: abused boys and girls who become abusive parents. Mary M. Ricafort, (2005) on her Master Thesis entitled â€Å"Effectiveness of R. A. 9292 on the Children and Women† found out that school children show that youngsters from violent homes are twice as likely to commit brutal acts as children growing up in nonviolent homes; victims of child abuse and/or neglect are far more apt to become violent teenagers; the highest rates of youth violence and criminal conduct occur where there is both spouse abuse and child abuse. Anne H. Flitcraft, (2008) on her study entitled â€Å"Violation against Women and Children† found out an alarming connection between family violence and violent juvenile behavior. Violence of all kinds is on the increase. U. S. Justice Department reports show that the number of juveniles charged with violent crimes is up sharply; the murder rates have more than doubled in two decades; the suicide rate has doubled. While their numbers may be relatively small, the most violent of these youngsters display shocking behavior. The damage they do is horrendous. The cost of apprehending and incarcerating these violent young criminals runs into the billions of dollars. Graham-Bermann Seng (2005),on their study entitled â€Å"Violence Exposure and Traumatic Stress Symptoms as Additional Predictors of Health Problems in High-Risk Children† found out that low-income pre-school children in the U. S. State of Michigan found that nearly half of the children in the study had been exposed to at least one incident of mild or severe violence in the family. Those children who had been exposed to violence suffered symptoms of post-traumatic stress disorder, such as bed-wetting or nightmares, and were at greater risk than their peers of having allergies, asthma, gastrointestinal problems, headaches and flu. Whitfield, Anda, Dube, Felittle (2003),on their study entitled †Violent Childhood Experiences and the Risk of Intimate Partner Violence in Adults† found out that assessment in a large Health Maintenance Organization Children may be direct witnesses to domestic violence, often seeing abusive incidents or hearing violence as it happens in their homes and families. As witnesses, children may be considered secondary victims and can be harmed psychologically and emotionally. According to a study published in 2003, over 15 million children in the U. S. lived in families where intimate partner violence had occurred at least once in the past year, and seven million children live in families in which severe partner violence occurred. The National Network to End Domestic Violence, (2009)on their studies entitled â€Å"Domestic Violence Counts 2008: A 24-hour Census of Domestic Violence Shelters and Services† found out that children can be displaced by the domestic violence when they seek shelter along with their abused parent. While statistics are not available globally, many shelters take in children as well as their abused parent. According to a study of domestic violence shelters and services in the U. S. , in a single day in 2008, 16,458 children were living in a domestic violence shelter or transitional housing facility, while an additional 6,430 children sought services at a non-residential program. Local Studies Evelyn Cantos(2009) on her Master’s Thesis entitled â€Å"Impact of Domestic Violence on Womens† found out that violence seriously affects women’s health. Women who reported violence were more likely to report poor general health and reported more physical symptoms of ill health, emotional distress, miscarriages