Anti-Violence Against Women and their Children Act of 2004 ( Republic Act No. 9262 )

March 08, 2004

Law Summary: Republic Act No. 9262

Republic Act No. 9262, also known as the "Anti-Violence Against Women and Their Children Act of 2004," aims to protect women and children from various forms of violence. The Act recognizes the dignity and rights of women and children and emphasizes the importance of safeguarding their personal safety and security. It outlines the state's commitment to addressing violence against these vulnerable groups by promoting their rights and ensuring their protection in line with international human rights instruments.

The Act defines various forms of violence against women and children, including physical, sexual, psychological, and economic abuse. Physical violence involves inflicting bodily harm, while sexual violence encompasses acts of rape and sexual harassment. Psychological abuse includes emotional suffering through intimidation, degradation, or harassment, and economic abuse relates to financial control and manipulation. Notably, the law also addresses the concept of "Battered Woman Syndrome," recognizing the unique psychological effects of prolonged abuse on victims.

To facilitate victim protection, the law provides for the issuance of protection orders, which can be temporary or permanent. Victims, their facilitators, and immediate family members can file petitions for these protection orders. These orders are enforceable throughout the Philippines and are designed to prevent further acts of violence against the victims. The Act mandates law enforcement and local government officials to respond promptly to incidents of violence, providing immediate protection and assistance to victims.

Additionally, the Act establishes specific rights for victims, including access to legal assistance, support services, and protection from harm. It also stipulates penalties for perpetrators and enforces measures to ensure their accountability. Critical elements of the law include provisions for confidential handling of records, funding for victim support services, and governmental responsibility to educate specific officials about the nature of violence against women and their children. The overarching goal of this legislation is to effectively address violence and promote a culture of respect and dignity for all individuals involved.