Safe Spaces Act

REPUBLIC ACT NO. 11313

AN ACT DEFINING GENDER-BASED SEXUAL HARASSMENT IN STREETS, PUBLIC SPACES, ONLINE, WORKPLACES, AND EDUCATIONAL OR TRAINING INSTITUTIONS, PROVIDING PROTECTIVE MEASURES AND PRESCRIBING PENALTIES THEREFOR

SECTION 1. Short Title. — This Act shall be known as the "Safe Spaces Act."

SECTION 2. Declaration of Policies. — It is the policy of the State to value the dignity of every human person and guarantee full respect for human rights. It is likewise the policy of the State to recognize the role of women in nation-building and ensure the fundamental equality before the law of women and men. The State also recognizes that both men and women must have equality, security and safety not only in private, but also on the streets, public spaces, online, workplaces and educational and training institutions.

SECTION 3. Definition of Terms. — As used in this Act:

(a) Catcalling refers to unwanted remarks directed towards a person, commonly done in the form of wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs;

(b) Employee refers to a person, who...

Summary of Republic Act No. 11313 (Safe Spaces Act):

Definitions (Section 3):
- Catcalling: Unwanted remarks directed towards a person, commonly wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs.
- Employee and Employer: Definitions provided for the context of this law.
- Gender: Set of socially ascribed characteristics, norms, roles, attitudes, values identifying social behavior of men and women.
- Gender-based online sexual harassment: Online conduct causing mental, emotional or psychological distress, fear of personal safety, including unwanted sexual remarks, threats, uploading photos without consent, cyberstalking, online identity theft.
- Gender identity and/or expression: Personal sense of identity characterized by clothing, inclinations, behavior in relation to masculine or feminine conventions.
- Public spaces: Streets, alleys, parks, schools, buildings, malls, bars, restaurants, terminals, markets, evacuation centers, government offices, public utility vehicles.
- Stalking: Conduct involving repeated visual or physical proximity, non-consensual communication causing fear for safety or emotional distress.

Gender-Based Streets and Public Spaces Sexual Harassment (Sections 4-11):
- Unlawful acts include catcalling, wolf-whistling, unwanted invitations, misogynistic/transphobic/homophobic/sexist slurs, persistent comments on appearance, relentless requests for personal details, sexist statements, sexual jokes/names/comments/demands, invasion of personal space, public masturbation/flashing, groping.
- Penalties range from fines of ₱1,000 to ₱100,000 and/or community service or imprisonment, depending on the severity and number of offenses (Section 11).
- Establishments must have zero-tolerance policy, provide assistance to victims, install warning signs, designate anti-sexual harassment officers (Section 5).
- For public utility vehicles, penalties include cancellation of driver's license, suspension/revocation of franchise (Section 6).
- For minors, DSWD shall take disciplinary measures (Section 7).
- LGUs have duties like passing ordinances, disseminating information, providing measures to prevent harassment, creating hotlines (Section 8).
- DILG to ensure LGU implementation through inspections, surveys, training (Section 9).
- Implementing bodies include MMDA, PNP, Women and Children's Protection Desk (Section 10).

Gender-Based Online Sexual Harassment (Sections 12-14):
- Includes terrorizing, intimidating victims through physical/psychological/emotional threats, unwanted sexual/misogynistic/transphobic/homophobic/sexist remarks online, invasion of privacy, cyberstalking, uploading media without consent, impersonating victims online.
- Penalty of prision correccional in its medium period or fine of ₱100,000 to ₱500,000, or both.
- Exemptions for authorized court orders as evidence.
- Implementing bodies are PNP Anti-Cybercrime Group and DICT Cybercrime Investigation and Coordinating Center.

Qualified Gender-Based Streets, Public Spaces and Online Sexual Harassment (Section 15):
- Higher penalties if the act takes place in a common carrier/PUV where the perpetrator is the driver, if the victim is a minor/senior citizen/PWD/breastfeeding mother, if the victim has mental problems impairing consent, if the perpetrator is in uniform, or if the act takes place in government premises.

Gender-Based Sexual Harassment in the Workplace (Sections 16-20):
- Includes unwelcome sexual advances, requests for sexual favors, acts of sexual nature affecting employment/education conditions, conduct of sexual nature affecting dignity, unwelcome/pervasive conduct creating hostile environment.
- Employers must disseminate the law, provide prevention measures, create independent investigation committees, provide code of conduct.
- Employees must refrain from harassment, discourage such conduct, support victims, report incidents.
- Employers liable for non-implementation of duties or failure to act on reports.
- Penalties of ₱5,000 to ₱15,000 fines.
- DOLE and CSC to conduct yearly inspections.

Gender-Based Sexual Harassment in Educational and Training Institutions (Sections 21-25):
- Schools must designate officers to receive complaints, adopt grievance procedures, take action against hostile environments.
- School heads must disseminate the law, provide prevention measures, create independent investigation committees, provide code of conduct.
- School heads liable for non-implementation of duties or failure to act on reports, with penalties of ₱5,000 to ₱15,000 fines.
- Minor students only liable for administrative sanctions.
- DepEd, CHED, TESDA to conduct inspections.

Common Provisions (Sections 26-31):
- Confidentiality of victims and accused minors.
- Courts may issue restraining orders.
- Victims may avail of remedies, psychological counseling aided by LGU, DSWD, DOH, PCW, with fees charged to perpetrator.
- Administrative sanctions for government employees.
- LGUs may impose heavier penalties.
- Exemptions for legitimate cultural expressions, breastfeeding in public.

Final Provisions (Sections 32-41):
- PNP Women and Children's Desks to act on complaints.
- PCW to lead national awareness campaign with DILG, DICT, women's groups.
- Schools to educate students on the law through modules by DepEd, CHED, TESDA, PCW.
- LGUs to conduct safety audits every 3 years.
- Appropriations from GAA, agency GAD budgets, LGU internal revenue allotments.
- Prescriptive periods from 1 to 10 years depending on the offense.
- Joint Congressional Oversight Committee to monitor implementation.
- PCW as lead agency to formulate IRR within 90 days with other agencies and women's organizations.
- Separability clause and repealing clause included.
- Effectivity 15 days after publication in Official Gazette or newspapers.