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VERTIDO
THE PERSONALITIES
THE EVENTS:
THE EVENTS:
THE VERDICT
Guiding principles:
1. It is easy to make an accusation of
rape; it is difficult to prove but more
difficult for the person accused,
though innocent, to disprove
THE VERDICT
Guiding principles:
2. In view of the intrinsic nature of the
crime of rape, in which only two
persons are usually involved, the
testimony of the complainant must be
scrutinized with extreme caution, and
THE VERDICT
Guiding principles:
3. Evidence for the prosecution must
stand or fall on its own merits and
cannot be allowed to draw strength
from the weakness of the evidence of
the defense
THE VERDICT
SECTION 1 DEFINITION
For the purposes of the present Convention,
the term "discrimination against women" shall
mean any distinction, exclusion or restriction
made on the basis of sex which has the effect
or purpose of impairing or nullifying the
recognition, enjoyment or exercise by women,
irrespective of their marital status, on a basis
of equality of men and women, of human
rights and fundamental freedoms in the
political, economic, social, cultural, civil or
any other field
ARTICLE 2C
To establish legal protection of the
rights of women on an equal basis with
men and to ensure through competent
national tribunals and other public
institutions the effective protection of
women against any act of discrimination;
ARTICLE 2D
To refrain from engaging in any act or
practice of discrimination against
women and to ensure that public
authorities and institutions shall act in
conformity with this obligation;
ARTICLE 2F
To take all appropriate measures,
including legislation, to modify or
abolish existing laws, regulations,
customs and practices which constitute
discrimination against women;
ARTICLE 5A
States Parties shall take all appropriate
measures:
To modify the social and cultural patterns of
conduct of men and women, with a view to
achieving the elimination of prejudices and
customary and all other practices which are
based on the idea of the inferiority or the
superiority of either of the sexes or on
stereotyped roles for men and women;
2.
COMMITTEES FINDINGS
COMMITTEES FINDINGS
COMMITTEES FINDINGS
COMMITTEES FINDINGS
Definition of rape:
Lack of consent is not an essential
element in the crime of rape in the
Philippines:
c)
d)
COMMITTEES FINDINGS
The
COMMITTEES
RECOMMENDATION
Provide
appropriate compensation
commensurate with the gravity of the
violations of the rights of the author
Take
COMMITTEES
RECOMMENDATION
Ensure that all legal procedures in cases
involving crimes of rape and other sexual
offenses are impartial and fair, and not
affected by prejudices or stereotypical
gender notions. To achieve this, a wide
range of measures are needed, targeted at
the legal system, to improve the judicial
handling of rape cases, as well as training
and education to change discriminatory
attitudes towards women.
COMMITTEES
RECOMMENDATION
cont..
Concrete measures include:
1. Review the definition of rape in the
legislation so as to place the lack of
consent at its center;
2. Remove any requirement in the legislation
that sexual assault be committed by force
or violence, and any requirement of proof
of penetration and minimize secondary
victimization of the complainant/survivor in
proceedings by enacting a definition of
sexual assault that either
COMMITTEES
RECOMMENDATION
cont..
requires the existence of unequivocal
and voluntary agreement
requires that the act take place in
coercive circumstances and includes a
broad range of coercive circumstances