Fighting Domestic Violence

The Philippines

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2. Introduction: framework guiding domestic violence law
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2. Introduction: framework guiding domestic violence law Start Comparison
2.1 Are there civil and criminal legal remedies for domestic violence victims?
Victims of domestic violence have grounds to file criminal actions against the perpetrator, actions that have for its purpose the provision of support, as well as actions to prevent further violence such as a barangay protection order, temporary protection order and permanent protection order. Damages may also be awarded to a victim of domestic violence, as the VAWC Act provides that any victim of violence under this law is entitled to actual, compensatory, moral and exemplary damages.
2.2 Is domestic violence identified in national law as a human right (noting that at a European level protection from domestic violence has not been explicitly identified as a human right but is indirectly captured by the other provisions)?

Yes. The Philippines recognizes domestic violence as a violation of human rights. This is expressed in Section 2 of the VAWC Act:

Sec. 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and children and guarantees full respect for human rights. The State also recognizes the need to protect the family and its members particularly women and children, from violence and threats to their personal safety and security.

Towards this end, the State shall exert efforts to address violence committed against women and children in keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, Convention on the Rights of the Child and other international human rights instruments of which the Philippines is a party.

2.3 Has your country signed and ratified the conventions?
Yes, the Philippines signed and ratified the CEDAW on 5 August 1981 and its Optional Protocol on 12 November 2003.
2.4 If it has ratified the Maputo Protocol, how has it been implemented into national law (African Union member states only)?
This does not apply to the Philippines.
2.5 If it has ratified the 1979 Convention (CEDAW), how has the recommendations part of General Comment No. 35 been implemented into national law?
The recommendations part of General Comment No. 35 was implemented into national law through the enactment of the VAWC Act in 2004 and the Safe Spaces Act in 2018.
2.6 If the conventions have not been ratified or signed, is it envisaged that your country will do so?
This does not apply to the Philippines, as it has ratified the CEDAW and its Optional Protocol.
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