The importance of the VAWC Law

The 18-day campaign to end violence against women and children, or VAWC, runs from 25 November until 12 December.

The campaign focuses on several aspects of the VAWC law to educate the victims and those liable for violating it. It also aims to raise awareness among local officials and law enforcement authorities about the proper handling of cases of abuse and violence.

As a background for both those who know or may not know about this subject matter, the VAWC law is the legal framework, which was enacted in 2004, that protects women and children from all forms of violence against them. This law recognizes that violence against women and children is a violation of their basic human rights, and it is a crime that must be punished.

The law defines violence against women and children as any act or series of acts that result in physical, sexual, or psychological harm or suffering, economic abuse, and threats of such acts.

While the VAWC law is a vital and major step in protecting women and children from violence, its implementation has faced and continues to face several challenges. Among the challenges is the lack of resources to fully enforce the law, including funding, staff, and infrastructure. Additionally, cultural dispositions and attitudes towards violence against women and children can be deeply entrenched, making it difficult to change points of view and mindsets toward victims.

Acknowledging and addressing these challenges requires a holistic approach that involves advocacy, education, government intervention, judicial interpretation, and community engagement.

There are also opportunities for improvement in the implementation of the VAWC law. These opportunities include improving coordination among government agencies and civil society organizations, strengthening accountability mechanisms, and enhancing public awareness about the law and its provisions. Through a purposeful collaborative effort, the VAWC law can be effectively enforced, and women and children are guaranteed protection from all forms of violence and abuse.

I wish to share some examples of the holistic approach's components, particularly judicial interpretation and government intervention.

An old misconception regarding the VAWC law was that only men or fathers may be liable. However, in February 2023, the Supreme Court ruled that mothers who abuse their children can be held liable as well under the VAWC law in suits brought by the fathers of minor children.

In granting the father's petition, the High Court decided that while the VAWC Act excludes men as victims, this does not mean the law denies a father his remedies solely because of his gender or the fact that he is not a "woman victim of violence." The Court held that Section 9(b) of the VAWC law allows "parents or guardians of the offended party" to file a petition for protection orders.

This provision is incorporated in the law's implementing rules, as well as in A.M. No. 04-10-11-SC, or the Rule on Violence Against Women and Children, the Court said. The Court further explained that the law speaks in clear language when it uses the word "parents" about the father and the mother of the woman or child victim.

As far as the government is concerned, the Department of Labor and Employment threatened to sanction employers who do not approve leave applications of female victims of violence.

The VAWC law grants female employees ten days leave after having experienced physical, sexual, psychological, or economic violence. In an online seminar on Wednesday, DoLE's Bureau of Working Conditions Director Alvin B. Curada said employers who refuse to grant said leave may face criminal, administrative, and civil actions.

In closing, let us all support this 18-day campaign. By working together and helping one another in every way we can, we can ensure that women and children are protected from violence and abuse and that their human rights are meaningfully upheld.