Cayetano said the
Senate Committee on Youth, Women and Family Relations “will seriously
take into consideration” the recommendations of the UN Committee on
the Convention on the Elimination of Discrimination Against Women (CEDAW)
which criticized in a resolution the “gender-based myths and
stereotypes” used by a Davao City court when it dismissed in 2005 the
high-profile rape case filed by Vertido against a prominent local
businessman.
“This issue falls
within the ambit of laws that discriminate against women which are
currently under review by the Senate Committee on Youth, Women and
Family Relations. The recommendations of the UN body will assist our
committee in reviewing and drafting measures to remove provisions in
our laws that are gender-biased,” said Cayetano, who chairs the
committee.
She added: “Although
the 1997 Anti-Rape Law already provides a broad definition of the
crime of rape, there is still room for improvement to further protect
women against discrimination and to make our laws in line with CEDAW
principles.”
“One possible
amendment includes making 'lack of consent' of the victim an essential
element of the crime of rape, as opposed to the current wording of the
law which focuses more on the mode employed by the perpetrator in the
commission of the crime of rape such as through force, intimidation or
threat.”
Cayetano, in her
capacity as President of the Coordinating Committee of Women
Parliamentarians of the Inter-Parliamentary Union (IPU), chaired the
IPU’s session on CEDAW in 2008 and in 2009 to give legislators from
different countries a better understanding of the international
convention that upholds the right of women against all forms of
discrimination.
She also delivered a
privilege speech in the Senate last year to call the chamber’s
attention on the need to review the country’s compliance with CEDAW,
which the Philippines ratified in 1982. Compliance would necessitate a
review of all gender-discriminatory laws and their subsequent
amendment or repeal, she added.
In her speech,
Cayetano also pointed out that barring any other legal recourse in the
county, any group or individual, such as in Vertido's case, may seek
redress of gender-related grievances with the United Nations through
CEDAW.