AA. Safe Spaces Act (RA 11313, Secs. 11–16 and 36)

I. Safe Spaces Act

(R.A. No. 11313, secs. 3-7 and 11)

R.A. No. 11313, also known as the "Safe Spaces Act" or "Bawal Bastos Law," is a Philippine law that addresses gender-based sexual harassment in public spaces, workplaces, educational institutions, and online spaces. It aims to protect individuals, particularly women, from harassment and to promote a safer environment for everyone.

Section 3: Definition of Terms

• Catcalling: Refers to unwanted remarks directed towards a person, commonly done in the form of wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs.
• Gender-Based Online Sexual Harassment: Refers to acts that use information and communication technology to harass someone, including but not limited to cyberstalking, the distribution of sexual content without consent, and the sending of unwanted lewd messages or images.

Section 4: Gender-Based Streets and Public Spaces Sexual Harassment

• This section outlines specific examples of gender-based sexual harassment in public spaces. It includes catcalling, unwanted sexual remarks, lewd gestures, persistent requests for contact information despite clear refusal, and public masturbation.

Section 5: Gender-Based Sexual Harassment in Public Utility Vehicles

Section 6: Gender-Based Sexual Harassment in Public Spaces Committed by Minors

Section 7: Duties of Local Government Units (LGUs)

• LGUs are mandated to enforce the provisions of the Safe Spaces Act within their jurisdictions. They must pass ordinances that support the implementation of the law, establish Anti-Sexual Harassment Enforcers (ASHEs) to ensure compliance, and set up safe spaces where victims can report incidents.
• LGUs are also tasked with conducting education and awareness campaigns to inform the public about the law and the rights it protects.

Section 11: Specific Acts and Penalties for Gender-Based Sexual Harassment in Streets and Public Spaces

• Penalties for these acts vary depending on the severity and repetition of the offense, ranging from fines to community service, or even imprisonment for more severe cases.

Sections 13–15: Gender-Based Online Sexual Harassment

• This section addresses harassment conducted online or through electronic means. Examples include unwanted sexual comments or advances, cyberstalking, and the sharing of sexual content without the person's consent.
• Penalties include fines, imprisonment, or both, depending on the severity of the offense.

Sections 16–19: Gender-Based Sexual Harassment in the Workplace

• Gender-Based Sexual Harassment in the Workplace and Educational Institutions: Encompasses any unwanted sexual behavior in the workplace or schools, including requests for sexual favors, lewd comments, and other forms of sexual misconduct.
• This section mandates employers to create a safe working environment and to establish a code of conduct that explicitly prohibits sexual harassment. Employers are required to provide mechanisms for reporting and addressing complaints of harassment.
• Penalties include fines and imprisonment, with higher penalties for offenders in positions of authority, influence, or moral ascendancy over their victims.

Gender-Based Sexual Harassment in Educational and Training Institutions

• Schools, universities, and other educational institutions are required to adopt policies to prevent and address sexual harassment. This includes the creation of committees that handle complaints and the provision of appropriate penalties for violators.
• Penalties for offenders can include suspension or expulsion for students, and dismissal or termination for employees, depending on the severity of the offense.

Summary

The Safe Spaces Act (R.A. No. 11313) is a comprehensive law designed to protect individuals from gender-based sexual harassment in various environments, including public spaces, online platforms, workplaces, and educational institutions. Sections 3 to 7 and 11 of the law define the different forms of harassment, specify the penalties for violators, and outline the responsibilities of institutions and local government units in preventing and addressing sexual harassment. The law emphasizes the need for a safe and respectful environment for everyone, free from any form of sexual violence or intimidation.