The State, above all else, should protect and promote the rights of its constituents.  Therefore, in the spirit of our Constitution, the role of women should be constantly recognized in nation building and thus, be ensure of their fundamental equality before the law. With this, men and especially women, should always feel safe and protected in all places, including their respective workspace. It is therefore only right to say that all Filipinos, regardless of gender, should never feel obligated or challenged, to enforce the rights they are bestowed upon by the nation.

To commence, sexual harassment has no place in a civilized society; unfortunately, cases of individuals being susceptible to abuse because of their gender is a prevalent issue in the Philippines.  In today’s time wherein the concept of gender identity and sexual orientation has widely expanded, it is only apparent that the country creates new laws and jurisprudence to better protect the marginalized. A clear protection of rights under the law against gender-based harassment is crucial especially in work wherein the employee has usually little or no control of its environment.

Thus, the State introduced Republic Act No. 11313 or the Safe Spaces Act. The law complements Republic Act No. 7877 or the Anti-Sexual Harassment Act of 1995 by expanding the definition of sexual harassment and criminalizing gender-based harassment. Under the former, employers can now be criminally liable for the failure of safeguarding its employees against gender-based employees, to wit:

“Section 19. Liability of Employers.— In addition to liabilities for committing acts of gender-based sexual harassment, employers may also be held responsible for:

(a) Non-implementation of their duties under Section 17 of this Act, as provided in the penal provisions; or

(b) Not taking action on reported acts of gender-based sexual harassment committed in the workplace.

Any person who violates subsection (a) of this section, shall upon conviction, be penalized with a fine of not less than Five thousand pesos (₱5,000.00) nor more than Ten thousand pesos (₱10,000.00).

Any person who violates subsection (b) of this section, shall upon conviction, be penalized with a fine of not less than Ten thousand pesos (₱10,000.00) nor more than Fifteen thousand pesos (₱15,000.00).”

One significant difference between the Safe Spaces Act and the Anti-Sexual Harassment Act of 1995 is the basis for the offenses of the laws. Further, while offenses punished under the Anti-Sexual Harassment Act is based on abuse of one’s authority to enable the sexual harassment of a subordinate, the Safe Spaces Act focuses its punishment based on the act of sexually harassing a person on the basis of his or her sexual orientation, and gender identity and/or expression (Escandor v. People of the Philippines, G.R. No. 211962, 06 July 2020)

Evidently, the Safe Spaces Act operates as a modern form of protection against sexual harassment. Thanks to the Act, more and more victims are starting to recognize the abuse and violence being inflicted upon them by their harassers. Moreover, by mandating companies and organizations to provide measures against gender-based sexual harassment in the workplace, employees would feel protected of their sexuality and ultimately, their overall well-being.  A workplace should, in all cases, be consistent with its rules and regulations in promoting inclusivity.

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