justice @jasminabosama - Tumblr Blog

"The Global Campaign for Women's Empowerment"

Gender equality seems like a faraway dream these days. While progress has been made, the numbers from groups like UN Women tell a discouraging story. Over 2 billion women don’t have the same employment options as men. At the current rate, it will take about a century to close the global pay gap. While human trafficking affects men and women, women and girls make up over 70% of the world’s human trafficking victims. Women continue to be denied a voice and the ability to participate in decisions that affect them, their families, and societies, and their economic opportunities are severely limited. Gender inequality is costly, so addressing it is not only the right thing to do, but also the smart thing to do. Gender equality benefits everyone, not just women and girls, according to studies. When women and men are equally empowered, economies thrive, women, men, girls, and boys have equal opportunities, and communities prosper. Gender inequality has a financial cost, deprives the next generation, and leads to suboptimal institutions and policies. Reaching gender equality and strengthening women’s rights is essential for sustainable development. On the surface, gender equality seems simple. It means having equal rights and opportunities. However, it’s a complex issue. Gender inequalities are widespread and deeply rooted. The imbalance between genders affects almost all aspects of women’s lives. And the impacts are significant, ranging from social to political and economical. Gender equality is important not only as a human right, but also as a prerequisite for the development of peaceful and prosperous nations. To ensure sustainable development and economic progress, it is critical to ensure that women and girls have equal access to quality education, healthcare, and job opportunities, as well as political representation and participation in economic decision-making.

#Blog4

The State of the Filipino Women: Facilitating and Hindering Factors

Over the last few decades, women's empowerment has been a topic of intense debate and reflection all over the world. This agenda has also been at the top of the lists of most government plans and programs. Efforts to address this issue and improve women's socioeconomic status have been made on a regular basis across nations. However, it has been observed that most policies and programs view empowerment solely in economic terms, assuming that economic self-sufficiency empowers women while ignoring other factors such as health, education, literacy, and so on. Structural sexism remains the biggest obstacle to women’s empowerment in the Philippines. Even though there are many laws in place that score well on international measures, the implementation of these policies is slow and has not translated into gender parity in the largely patriarchal society. The Philippines has maintained its place among the top 10 countries in the world in terms of gender equality. To achieve women’s empowerment in the Philippines, the government adopted the Magna Carta of Women (MCW) was adopted in 2009. It seeks to end all discrimination and to promote the rights of women, as well as to establish the Philippines’ commitment to the principles of the Convention on the Elimination of All Forms of Discrimination Against Women’s Committee and the International Covenant on Economic, Social and Cultural Rights. However, the Philippines continues to face difficulties. Rural and indigenous women's poverty and vulnerability are still a major problem. Every day, 11 women die as a result of complications related to pregnancy and childbirth, and many women continue to be unemployed. The Philippines is the only country in the world where divorce is prohibited. Aside from the death of one's spouse, the only way to end a marriage is to obtain an annulment. This can be done on the grounds of "lack of parental consent; insanity/psychological incapacity; fraud, force, intimidation, or undue influence; impotence; and sexually transmissible diseases," according to the Philippine Commission on Women. The burden of a failed marriage often falls on the woman due to cultural stereotypes. Adopting divorce into the Philippines' Family Code is critical to improving the plight of women trapped in abusive, oppressive, and depriving marriages, as well as achieving women's empowerment in the Philippines. In the Philippines, the women's movement has made significant progress in terms of economic, political, and social equality. Nonetheless, much work remains to be done, such as addressing inequalities in political representation and economic opportunities, as well as the aggression and violence brought on by the specter of patriarchy, which persists to this day. The Philippine women's movement has come a long way, but there is still a long way to go. Problems had been solved in the past, and battles had been won, but each generation is confronted with new challenges that are distinct from the previous. Nonetheless, new resources and strengths are provided to each generation. Each challenge and resistance, in fact, breeds new types of resiliency. Every battle fought is a victory, regardless of whether it is won or lost. Every day, for the Filipino women's movement, is a step closer to the desired equality, empowerment, and social justice.

#Blog3

The Way Women Are

I remember these lines in the film Little Women (2019) that really left a big impression in me, it says “Women, they have minds, and they have souls, as well as just hearts. And they’ve got ambition, and they’ve got talent, as well as just beauty. I’m so sick of people saying that love is all a woman is fit for.”. Another line was “The world is hard on ambitious girls.”. Women can do so much more and it saddens me how we are still struggling and being mistreated and looked upon in this society. Despite the fact that the right to freedom of movement is enshrined in Article 13 of the Universal Declaration of Human Rights, women's mobility is restricted in many parts of the world, whether due to legislation, social or cultural norms, or their communities' tolerance of threatening or even violent behavior toward them. A woman's movement may be limited from childhood, and this disempowerment may last her whole life. Girls' engagement in education will be hampered by shared social standards that girls belong at home, undermining their potential for economic development. If they do venture out in public, the danger of social harassment and violence may serve to further isolate them.

Except in a few matriarchal societies, men have always been regarded the head of the family for thousands of years. The provider position they played was always regarded as superior to the nurturer role undertaken by women in a family. The choice of the man was always final. They said that women are better off today, but I think it is still far from being equal with men. I also think that religion, culture, and the lack of political voice from women are one of the reasons why this inequality still persists till today. That it why I lean on more on liberal feminism because I see it as a more optimistic theory. I also believe that political action to introduce anti-discriminatory laws and policies will lead to a fairer society Liberal feminism is a specific strategy to attaining gender equality that stresses the potential of an individual to change discriminatory practices against women. Liberal feminism encourages individuals to utilize their own strengths and the democratic process to assist women and men in becoming more equal in the eyes of the law, society, and the workplace. Liberal feminists fight for change through uniting women into bigger groups that can speak at a higher level, lobbying politicians, and raising awareness of concerns. As such, they differ from Marxist or socialist feminists who feel that the democratic process itself has to be altered.

#Blog 2 #Gender Studies

"How can I contribute in achieving gender justice as a political science student?"

Gender justice is a human right; every person regardless of gender has the right to live in dignity and freedom, free from fear. Gender justice is essential for development and poverty reduction, as well as for attaining human progress. Realizing it entails women and men sharing authority and responsibility at home, in the workplace, and in larger national and international communities. Despite enormous advances in society over the last century, women are still not treated equally and are not allowed the same opportunities. They remain on the outside of economic, political, social, and cultural rights. Women account for about 70% of the world's hungry. Women continue to be severely under-represented in democratic institutions across the world, with women constituting fewer than 10% of parliaments in one-third of the world's countries. Gender equality results in assistance effectiveness are generally undervalued. Women in post-disaster and war contexts frequently face a lack of security and are excluded from economic, social, and political decision-making processes. Over the last two decades, there has been development in the legal environment as well as in the growth of societal beliefs and attitudes about an individual's sexuality, gender identity, and gender expression. Nonetheless, members of the LGBTQ community continue to face pernicious and obvious gender bias in all aspects of public and private life, including housing, employment, academic opportunities, the ability to purchase goods and services, and the ability to participate meaningfully in our society's decision-making processes.

As a political science student I can make a difference in attaining gender justice in the society. I can advocate for further improvements in legislation and policy. A legislation and policy that seeks to prioritize and transform gender and power relations, and the structures, norms and values that underpin them, is critical to ending poverty and challenging inequality. I will also vote for people that represents the marginalized groups because I believe that women, lgbtq+ members, and others taking control and taking collective action are the most important drivers of sustained improvements in gender rights, and are a powerful force to end discrimination. I think that empowering everyone regardless of gender and giving them more agency and space is a necessary step toward attaining gender equality as well as political, social, economic, cultural, and environmental security. Gender justice is required for economic progress, long-term food security, and, in certain situations, political stability. Gender justice is more than simply a subject of basic human rights. It is also an important method of building more equitable society and eradicating poverty.

#Blog 1 #Gender Studies

"Critique to the Rape Law"

If a 12 year old child files a case of rape in our country they will be forced to testify in court. There were instances when such children were asked in court with questions like “Did you open your legs voluntarily?”, “Can you remember how many times he inserted his finger?” and “How long did it take?” some even sound so ridiculous in my opinion like “Did you enjoy it?” and “Did you feel any type of pleasure?”. In the Philippine law the age of sexual consent is 12 years old, imagine a 12-year-old child being asked such horrifying and traumatizing questions just to prove the absence of consent. The Anti-Rape Law of 1997, also known as Republic Act 8353, is progressive in that it departs from the chastity paradigm and classifies rape as a crime against individuals rather than a criminal against honor. Certain difficulties, however, remain that need additional strengthening of the legislation in order to make it more gender-responsive, progressive, and successful. But despite the passage of the Anti-Rape Law in 1997, which amended the crime of rape in the Revised Penal Code, it is still frequently difficult for a woman to press charges due to the evidentiary rules governing the crime, and many rape cases are being dismissed in courts because victims must prove beyond a reasonable doubt that there was no consent. The present Anti-Rape Law has a forgiveness provision that readily exonerates the criminal while putting the victim in additional risk. A clause in the legislation that stipulates that “subsequent lawful marriage between the offender and the aggrieved person shall erase the criminal action or the punishment imposed” gives the perpetrator an easy way out, enticing him to commit the offense. Once the female victim marries the perpetrator, she no longer has the legal right to sue for the rape that occurred prior to the marriage. It also acknowledges that “if the perpetrator is the legal husband...the subsequent forgiveness by the wife who is the injured party... shall eliminate the criminal action or penalty.” This simply reinforces gender-based violence under the guise of marriage, which can entail a wide range of physical, sexual, and/or psychological assaults that can occur over time. The Anti Rape Law should be amended in which the age for sexual consent is raise and there is a clear definition as to what “consent” means. There should also be a repeal of Article 266-C of the Anti-Rape Law of 1997, pertaining to the forgiveness clause which states that: "Article 266-C. Effect of Pardon. - The subsequent valid marriage between the offended party shall extinguish the criminal action or the penalty imposed. In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty: Provided, that the crime shall not be extinguished, or the penalty shall not be abated if the marriage is void ab initio.”

#Blog Topic 8

"Critique to the Rape Law"

Lessons in Unionism

Labor unions are groups of workers organizing and taking collective action to improve their lives. The labor movement is all unions, union members and union organizations acting collectively. These labor unions are the principal means for workers to organize and protect their rights on the job. The union contract or “collective bargaining agreement” establishes the basic terms and conditions of work. They also give workers a voice with employers and provide a means to gain a measure of security and dignity on the job. Workers established unions to have their say on salaries, times, working conditions and several other concerns in a worker-employer relationship. Labor unions are essential since they assist to establish standards for education, qualification levels, salaries, working conditions and workers' quality of life. Wages and benefits usually negotiated by the union are higher than what non-union workers receive. We had a chance to interview the chairman of Bukluran ng Manggagawang Pilipino, Leody De Guzman. Bukluran ng Manggagawang Pilipino, or Solidarity of Filipino Workers (BMP) is a socialist political center of militant workers and trade unions in the Philippines. It comprises 200 local unions nationwide with a mass membership of over 100,000 laborers. Founded in 1993 as a result of the split in Kilusang Mayo Uno (KMU), about 70 percent of KMU's membership left the organization to form BMP as a counterpose to its sectarian politics that failed to unite Filipino workers and advance the Philippine labor movement. Ka Leody joined a labor union after he finished highschool because he started working in a factory since his parents cannot send him to college. He experienced all the struggles of the workers and have been fighting for them for almost 40 years. After the interview I realized that labor unions in the Philippines never had it easy even after how many years. Different era has passed, and labor unions are still fighting for the same cause which shows that all their struggles have not been addressed. It also saddens me how the workers are not getting the wage they deserve for their work and how they are fighting for such basic needs that they are supposed to have in the first place. They are asking for the rights that should have been given to them from the start. The workers are not just mere instruments for those companies to grow, they are the lifeline of the work force system. They need the most protection but instead they are being taken advantaged by the capitalists. Ka Leody even shared the difficult experience of raising their voices through rallies as the police and even the implementing agencies are on the side of the company owners and not the workers. They are having a hard time lobbying to the government as they do not have enough support and even face intimidation for creating such unions. Today, we live in a world where workers have assumed great importance. Labor unions such as BMP led by Ka Leody have substantial effects on the compensation and work lives of both unionized and non-unionized workers. The workers should be protected from exploitation by ensuring that they are free and enjoying the rights that are entitled for them.

"The Impact of COVID 19 to Labor"

The emergence of the COVID-19 pandemic has quickly turned into an unparalleled worldwide economic and labor market catastrophe, with serious consequences for the Philippines' labor market. The impact of COVID-19 on the economy and labor market interrupted one-quarter of total employment in the Philippines, either through reduced wages and working hours or outright job loss. This equates to around 10.9 million jobs. The epidemic has resulted in widespread employment re-allocation across industries. While employment losses have happened across various industries, those that rely on personal interaction, such as lodging, food services, transportation, and recreational activities, have been impacted the worst. In contrast, industries that tend to absorb lesser shares of labor, such as communications and technology, as well as numerous higher-skilled service sectors, rebound rapidly and show positive employment growth. The pandemic's negative labor market impact is particularly severe among vulnerable and part-time employees, young people, overseas Filipino workers, women, and healthcare and medical workers. Aside from the enormous layoffs at companies that have collapsed, thousands of people have been placed on ‘floating status.' During the epidemic, workers are subject to the “no work-no pay” policy. They are officially not counted among the jobless since they are waiting for their employers to "recover" before returning to work. The Department of Labor and Employment extended the floating status to one year, up from six months before. Fear-induced doubt caused by the covid 19 pandemic is likely to halt many businesses, limit free movement of labor, and endanger efforts to foster long-term, sustainable, and inclusive economic growth and productive employment. Enabling policies and institutions can aid in mitigating these problems. Prioritizing small and medium-sized businesses in medium- to high-risk industries can be critical to ensuring an equitable economic recovery. The government can also create innovative, cross-sector solutions to get people aid as soon as possible. They can also provide effective, government-backed incentives for reskilling and redeployment. Governments can incentivize many crucial adjustments that will help restructure economies to be more productive and fairer as they recover from the crisis by providing crisis assistance to companies and individual employees. As countries prepare to reopen their economies following the lockdown, they must find clever methods to increase employment while also protecting against new illnesses, according to global norms as well as those of their local public-health authorities. Again, a specific emphasis will be required on restarting and sustaining small companies, which employ the bulk of people in most nations. Simultaneously, governments and companies will need to develop new mechanisms to assist individuals whose employment are under threat to redeploy into occupations where labor demand still outstrips supply and to swiftly develop the skills required for their new positions. As the COVID-19 pandemic is expected to drive the adoption of digitalization in formal education institutions and enterprises, increasing ICT infrastructure and encouraging digital literacy for everyone can also serve as broad-based measures to handle the job disruptions caused by COVID19.

#Intro to Law 2 #Blog Topic 6 #Labor Standards

“Contractualizing Marriage”

I don’t think it is a sound law to be legislated in the Philippines. When we think of marriage, the first thing that comes to mind is having a lasting relationship. As couples say in their vows “Till death do us part”. I just think that marriage should not be treated as if it is a business contract. Others may say that marriage is technically a contract because it carries all the elements of one: two consenting parties, a legal object, assumed duties and responsibilities. But it is different when there would be conditions like the time specific of five years etc. I think marriage has its place in human society and the ritual may vary but the expectation, commitment, and the mutual desire to get into such a relationship is quite well established. It is particularly strong in the effect it has on children, who clearly understand who their parents are, and what roles they play to complete the family bond. The family as a unit is a secure, nurturing, beautiful one with plenty of potential to offer to all its members. If marriage secures this unit, I am not sure what else can replace it. It will also cause a lot of implications especially for the women especially for the younger ones due to force marriages. I also think it will take the idea of how much big of a responsibility marriage is because people will have this idea of “Oh I should just get married and if it doesn’t work it’s okay it will end in five years anyway”. Aside from that especially in the context of the Philippines I cannot fathom how hassle would the process be. Even just getting a driver’s license takes so much time and money and even connections imagine how complicated it would be for a marriage renewal. This could also cause a lot of angst, especially if one wants to renew and the other doesn’t. If a marriage contract requires five years with the option to renew, that would force a lot of abuse victims into remaining with their partners for a full decade. And then what’s to stop their abuser from coercing them into renewing?. If a marriage contract automatically ended on a certain date, and anyone missed that renewal date for any reason like being out of town or dealing with a sick relative or something, would their marriage end for good or would they receive some kind of penalty? Both options sound so bad. And what’s with the 5 years terms. Are there studies that say five years is enough for couples to know each other as husband and wife? There are so many questions about this idea that even if you have the possible answers nothings sounds good or appropriate. If there is something that legislators should passed on it should be the divorce law. Each person has different circumstances so you cannot just bound them with such kind of contracts. Instead of making the situation easier for them such law will just create more problems in my opinion.

#Intro to Law 2 Blog 5

“To will or not to will?”

Most individuals have strong opinions about who should inherit their possessions when they die. However, many people put off creating a will until it is too late. The good news is that writing a will is more easier and less expensive than most people believe. But first, you need be aware of the advantages and disadvantages. Nobody wants to think about the day when they will no longer be alive, but preparing for the inevitable by writing down your intentions in a last will and testament can not only offer you peace of mind, but it can also make things easier on your family and friends. Having a last will and testament in place at the moment of your death is a wise decision, but there are pros and drawbacks to consider while creating one. One of the most significant benefits of having a will is that you may specify who receives what from your assets. Your estate is subject to state laws of "intestacy" if you die without a will. That means the people you'd like to help may receive little or nothing, while others with whom you're not as close receive the majority of the benefits. As a result, if you are not married but have a long-term partner, he or she may be entitled to nothing under such laws. Alternatively, if you are going through a divorce but it has not yet been finalized, your estranged husband or wife may be able to lay a claim on your assets if you do not have a will. A will also permits you to name a guardian for your children and put aside cash to ensure their care and comfort. You can also plan for personal matters. But it also has its disadvantages like before a will may be enforced, it must be tested in court. This may be done while you are still alive to guarantee that your desires are carried out. To be legitimate, a Filipino creating a will abroad must obey Philippine succession rules, even if the will takes the form of wills in a foreign nation. Wills have effect only after death, necessitating the creation of other papers to manage circumstances needing care during a person's lifetime. Assets passed through a will may be subject to probate processes, which may be time-consuming and costly, and are open to the public. Formalities must be followed while making or amending a will. Failure to do so may endanger the will's legitimacy. If you own property in more than one state or nation, having a will may need numerous court processes in each jurisdiction, known as "ancillary probate proceedings." If I have a chance I rather have a will as I do not want to see my family and relatives fighting each other.

"National Land Use Act (NALUA)"

The proposed law establishes a national land-use authority that will draft and oversee a national land-use plan that will categorize land based on its use: protection (for conservation), production (for agriculture and fisheries), settlement development (for residential purposes), and infrastructure development (for transportation, communication, water resources, social infrastructure). The Philippines contains 30 million hectares of land and inland waterways, with 108 million people living on it. With the ongoing need for adequate and healthy food, shelter, and a sustainable way of life, there is enormous strain on finite land and resources. That is why I am in support of the NALUA as it aims to institutionalize a holistic, logical, and comprehensive land use and physical planning system that will accurately detect land use and allocation trends throughout the nation. Also, adopting NLUA would also create an atmosphere that would promote food security. Article XIII Sec 1 of the 1987 Philippine Constitution enshrines state control of property acquisition, ownership, use, and disposition with the goal of strengthening rights and eliminating disparities. However, the current allocation of land in the country is extremely lopsided, and its usage is strongly political. While there are several laws and regulations controlling land and natural resources, as well as asset reform legislation aimed at equally distributing land and resources, they are sectoral in character, handle land-use concerns in a fragmented manner, and frequently overlap. Other flaw in Philippine land policy is the lack to properly articulate society's desires for land use as well as the national framework for the use of our land and natural resources. As a result, substantial issues develop in land use and allocation, such as the ongoing tensions surrounding the transfer of agrarian reform areas to non-agricultural use and the abuse of protected lands. As a result, in the absence of a clear and coherent land use policy, the government finds itself in a policy quandary: oftentimes supporting sectors that prefer agricultural use over urban use, and some other times going to support industries that demand land for real estate development and other non - agricultural uses. In addition to conflicts over land and resource usage in the Philippines, climate change has exacerbated the situation of Filipinos, particularly the most vulnerable sections who live in danger zones and hazard prone locations. Clearly, the assault of natural-caused catastrophes and tragedies caused by climate change has been modest. The agricultural output losses caused by extreme weather events like as typhoons, flooding, and droughts have totaled billions of pesos. In this sense, our country has long needed the NLUA, a proposed legislation regulating the control of the country's land and water resources in the face of climate change and adverse weather conditions and occurrences. We need to have a national land use law now more than ever to established the regulations for clearly defining areas for protection, production, settlements, and infrastructure in order to guarantee that our lands and resources are safeguarded and utilized in a way that benefits and sustains all sectors of society and generations to come. The proposed national land use legislation will assist current and future generations of Filipinos in adapting to climate change, population growth, and the rising need for safe and secure homes, food, and livelihood.

Legalizing Divorce in the Philippines

I am in favor of legalizing divorce in the Philippines. Marriage is viewed as a holy connection between a man and a woman, and as such, it must be treasured and appreciated with affection. But what if the love a couple once felt fades? What if the love weakens and becomes unstable over time? What happens if everything changes, and a person begins to live a life of misery? Divorce is the only choice I see, or else everything will grow worse. People should wake up to the fact that marriage is seldom as idyllic as they imagine. Divorce, on the other hand, is not as terrible as people anticipate. Living in a marriage when there is no love, respect, friendship, or compatibility is a miserable existence. Divorce allows people to start over and enjoy better lives. Divorce has been a problem in the Philippines for many years. Aside from the Vatican, the Philippines is the only country in the world that does not permit divorce, owing to religious convictions.

There is also a harmful belief that individuals have all the knowledge they need about someone before saying "I do," and that a single decision in your life should dictate how you live the rest of your life - regardless of whether it causes long-term harm or not. People frequently lack sufficient information to make a life-altering decision such as marriage. Fortunately, the majority of instances end in content - if not joyful - unions. This is not to say that terrible instances should be disregarded and left in a rut of "Oh, you're married, so you'll just have to deal with it." Divorce is not the deliberate destruction of values; rather, it is assisting the disadvantaged in saving themselves from one poor decision. It is easy for us to think that instead of ending the marriage why not just fix it? But it is different for people who are victims of abuse, violence, harassment, manipulation, adultery, and etc. Sometimes relationships are simply not meant to work out. It need two people to make it function. Sometimes just one of them wants to, and you can't make the other one do it if they don't want to. Allow them to leave. Stop worsening the pain. Don't make things any more difficult. Forcing someone to stay with someone they no longer want to be with can only lead to greater pain and suffering.

Yes we do have annulment but it is simply the dissolution of marriage. Annulment is more difficult to establish than divorce, and it is also more costly which is why divorce is necessary in the first place for practical reasons. It’s easy, if you don’t believe in divorce and don’t want it, then do not do it. But you should not deny people the opportunity to start over and move on after being locked in a terrible marriage for years.

The following points demand divorce: abuse, infidelity, and abandonment. Religion, rather than bringing consolation, frequently produces tyranny when a romanticized picture of the family is utilized against even the most broken families. Legalizing divorce should not be an issue of religious beliefs. Your own belief has nothing to do with other people’s lives and how they want to deal with it.

"Why do people commit crimes and how do we prevent it?"

There’s a wide variety of reasons people become criminals. Poverty, acceptance, poor mental health, no secure attachment to a nurturer during childhood development, poor parenting, subculture, peer pressure, being labeled, associations, drug addiction, thrills, and opportunity to name a few. It’s not like you just wake up one day and say I’m going to be a criminal. There’s a wide range of criminal behavior as well as a wide range of criminal personalities. In some communities certain criminal acts are a rite of passage and respect is garnered by the action. But all crimes are not equal, so the motivations behind it can be better understood by looking at different types of criminals. There are many reasons that make people to commit crimes but people always associate situations such as poverty, lack of enough parental care or neglect, drug abuse and lack of self-esteem as major reasons to why people commit crimes. Just a few possibilities also are crimes of opportunity, desperation, and compulsion, or career criminals. A crime of opportunity is motivated by a failure of empathy and/or self-discipline to override impulse control. A crime of desperation happens when someone’s everyday morality is overridden by necessity, compulsion by a psychological need. When people lose hope then they may turn to crime. Hope is made up largely from perceived ways to get to a goal. And when you see more ways then you have more hope this is why criminals always turn to crime and thus away from achieving a well-meaning goal in a cooperative way. I also think that the root of the matter is the way society at large has evolved itself into, and adaptability of new ways to confront the issues which causes people to commit crimes.

There are ways on how we can prevent crime but this all depends on how you look at “crime”. But there were measures that were tried and actually worked to prevent someone from committing a crime. Good parenting teaching sound moral values and providing leadership by example. Good public education that prepares children for a future where thinking, knowledge and opportunity combine to present an atmosphere where criminal acts are counter productive. All educational institutions need to teach kindness, respect and tolerance. Social justice that insures people have full bellies, a place to sleep and good medical care not to mention effective treatment for addictions to booze or drugs or gambling or whatever. Surprisingly, monogamy and marriage/child rearing is a critical part of crime prevention. Societies where it is difficult to find an acceptable mate see far more extremism. A fair justice system that treats all people the same and when they are found guilty promises punishment that is swift, certain and severe. And lastly, jobs, the number one thing that acts as a crime preventative is the availability of jobs that provide a living wage and provide opportunity to move up the success ladder.

#Blog 7 #crime prevention #crimes and criminals

“Should death penalty be re-imposed in the Philippines?"

No. Considering how rotten and corrupted the state of our criminal justice system is, bringing back the death penalty would only result to more injustices. It is very unnecessary, inhumane, and anti-poor. There is even a crisis with the plummeting human rights situation in our country especially with Duterte’s ongoing drug war campaign. If death penalty would be re-imposed in the Philippines, then it would only drive our country and the Filipinos into a rights-violating abyss. Our government will also lose its credibility and strength to negotiate on behalf of Filipinos who face execution abroad. The death penalty does not prevent the commission of crimes, nor does it make society safer. Sometimes it is inconsistent with the crime. It threatens innocent life. It disregards the inherent dignity of the human person. It would only further enhance the culture of violence and can be used to serve the selfish interest of those who are in power. And I do believe that how a society chooses to punish its offenders is more reflective of them than it is the choices that criminals make. The worst thing about re-imposing death penalty here has something to do with the state of our criminal justice system. There are a lot of people in prisons who were accused wrongly or were framed up for the police to reach their quota or were used by those who are in power or have the money to cover up and take the blame for a crime. It can also be used to control the people and serve the political interest of others. The people cannot trust the evidence obtained to justify the death penalty considering the prevalent cases of the police tainting and tampering evidence. If we bring it back then a lot of Filipinos would be executed after being convicted during an unfair trial, often based on evidence or confessions obtained through the use of torture. The defendants would not even be given adequate legal representation. Our justice system takes a very long time to serve its purpose and is expensive. It would be much more expensive due to appeals that will be filed because no one wants to die especially when it is an innocent one. Poor innocent suspects are without the capacity to fight to prove their innocence. The system that we have mostly favors the rich as a famous song goes in the Philippines “Ang hustisya ay para lang sa mayaman”. The Philippine experience on death penalty points to the fact that it does not deter the commission of crimes. Even during the years when there was death penalty, rampant criminality remained as a major problem in the country. Our law enforcers cannot even follow the due process for small crimes imagine how they will do with crimes that involves death penalty. At this time where our law enforcers are law breaker themselves, death penalty should not even be an option.

#Blog entry 6 #death penalty #Intro to Law

"How to improve the criminal justice system in the Philippines”

Criminal justice touches on all aspects of our lives and in ways that most people might not think about. Criminal justice is important because it’s a system that includes law enforcement, courts, prisons, counseling services, and a number of other organizations and agencies that people come into contact with on a daily basis. But like everything in the Philippines, the justice system is corrupt and filled with cronyism. Courts are often plagued with corruption, undermining often-fragile public trust in the fairness and efficiency of the judicial system. Moreover, insufficient professional guarantees and ill-defined judicial powers leave many judges and magistrates demoralized and marginalized in their own courtrooms and thus unable, or unwilling, to promote the rule of law. That is why an independent, accountable, well-functioning judiciary is a central pillar of the rule of law. There are also many ways to improve the criminal justice system in the Philippines and create a well-functioning criminal justice system protects and promotes individual rights.. The government can make it more effective by improving the processes involved in investigating, prosecuting and trying offenders. They should improve the performance of of the criminal justice system so that the defendants don’t have to spend too long awaiting trial and the criminal cases could be handled more quickly. They can do it by making sure more criminal cases are being handled and completed successfully. The police and the prosecution office must make clear agreements about which cases deserve extra attention. Procedural documents must wherever possible be made available in digital form to lawyers and the public. The procedure for lodging a criminal complaint must be made simpler, with more consideration for victims for example, victims should be personally informed about how their complaint was handled. Our law enforcements professionals must also be given adequate budget as they put their lives on line every day to protect the public. Other ways also include addressing the needs and protection of the victims. Improving the experience of victims of crime in the criminal justice process should be a priority of our government. Victims and survivors have unique needs characterized by their victimization, their gender, their relationship with the offender and with their community, and their own personal characteristics. If the experience of victims in the criminal justice process is to be improved, there must be better understanding of the impact of victimization and of the need to treat victims of crime with courtesy, compassion, dignity, and sensitivity. There must be steady progress in raising awareness and expanding information services and assistance to victims of crime. And with what’s happening in our country right now one of the most important way I can think to strengthen our criminal justice system is that they should hold the prosecutors and police responsible for deliberate misconduct. Police and prosecutors who deliberately engage in misconduct are rarely held liable for their actions. I’m talking about serious misconduct that lands innocent people in jail, such as hiding or destroying evidence that could clear the accused of charges, or fabricating evidence to make a defendant appear guilty, or relying on testimony that is known to be false, or obtaining and then using coerced confessions. That needs to change. A policy of liability for deliberate misconduct could make those state actors think twice before they play fast and loose with people’s lives.

#Blog entry 5 #criminal justice system #Philippines

"The State of Human Rights in the Philippines: Yay or Nay?"

Definitely NAY! Especially when our own president said this “I don’t care about human rights”. There has been persistent impunity for human rights violations in the Philippines. Duterte had vowed to keep his “shoot-to-kill” order “until the last day of my term, if I’m still alive by then”. “I don’t care about human rights, believe me,” he said, according to official transcripts released by the presidential palace. Under the iron rod regime of President Rodrigo Duterte, the Philippines has become a hotbed of human rights violation and impunity as thousands of state-sponsored killings remain unsolved and the plight of the people ignored. Since winning the presidential election in the Philippines in 2016, Rodrigo Duterte initiated an unwavering "war on drugs," deploying security forces in a ruthless operation while disregarding the law, presumption of innocence and other legitimate due process. This so-called war on drugs has resulted in tens of thousands of deaths from deadly police operations or extrajudicial executions, with no signs of stopping. Until today, no one has been held responsible for any misuse of power or human rights abuses in the event of such deaths. President Duterte even warned human rights advocates to stop interfering in his war on drugs or else they will also die. Since he sat on the position hundreds of Filipino reporters have been killed. According to Reporters Without Borders, the Philippines was the deadliest country in Asia for journalists in 2017 and in the 7th place last year. President Duterte has continually vilified journalists who have been critical of his administration. There is also the issue of despicable and shameless killings of activists. Peaceful activists are being targeted and killed due to their political views and critiques on the government. Another thing that makes our state of human rights nay is due to police brutality which is worsen with the promised protection from their chief leader. Many innocents lives were taken by the hands of the people who were supposed to serve and protect them. We can only know that such things are happening and happened because of social media and this makes me think how many were not captured or videod. How about those innocents who were killed or accidentally killed and then were accused of being drug pushers or addicts. How many were not filmed? It is so tragic to think how those people will never be able to get justice because they were treated as merely collateral damage by our leader and his minions. The next case that clearly violates our human rights is the creation of anti-terror law and the shameless and relentless red-tagging and terror-tagging against progressive groups and individuals. They are now even randomly red tagging universities and students labeling them as communist/rebel recruitment centers. This is a blatant threat to our freedom of expression. Imagine having your face on tarpaulins labeled as a rebel just because you joined a rally and criticized the government. Red-tagging has had a detrimental impact on the practice of freedom of the press, which is essential to truth-telling and democratic discourse. Although its perpetrators pretend to be motivated by democratic principles, the opposite is true: in fact, it their means of targeting people and organizations whose views and opinions on the government and other public concerns is what this current administration and its minions wish to suppress.

Credits to the artist

#Blog 4 #human rights #stop police brutality #stop killing of activists #stop red tagging #intro to law

Decentralization, Local Governance, and Local Autonomy

Decentralization can be defined as a state or condition in a governmental system where there is dispersal of power or authority from the center. In other words, it is the transfer of power and authority from central institution to lower or local levels of a government system. It is just basically the opposite of centralization which means where power is concentrated on the center. There are also three forms of decentralization which are the devolution, deconcentration, and debureauecratization. Devolution is the transfer of power and authority from the national government to local government units. Deconcentration on the other hand is the transfer of power, authority or responsibility or the discretion to plan, decide and manage from central to local, administrative, and sectorial levels. The last one is debureaucratization which involves the transfer of some public functions and responsibilities, which government may perform, to private entities or non-government organizations. Local government pertains to the activity by which local officials, both elected and appointed, implement the goals and manage the resources of the local government unit. As for our local governance we have this Local Government Code of 1991 that has two main goals. First is to transform the LGUs into self-reliant communities and active partners in nation-building by giving them more power, authority, responsibilities, and resources. Next one is that it hopes to achieve economic development at the regional and local levels by giving more freedom in carrying out their programs that are needed in their areas.

Local Autonomy refers to “self-governing”. It involves granting more powers and authority by the national government to the local government units to be self-reliant and active partners. The idea of local autonomy is related with decentralization since decentralization makes local autonomy possible. The exercise of local autonomy by the local government is possible only in a decentralized administrative system, in which the autonomous authorities are chosen by community, and on the other hand, that decentralization is the one which provides the local government with a broad autonomy, understood as the right to decide on their local problems in which they are interested in directly. Local autonomy is very important because if all power resources and capacities are concentrated on the national level and most likely in the capital. The people in the rest of the territory will hardly have any access to basic public services. Opportunities will also be limited and quality of life for the citizens will be unequal. With local autonomy our local government has the right to establish and operate in the activities and functions that are recognized by law. It also includes the legal right of the local residents to choose their representatives that will govern them. Our local government is also helpful in creating future leaders as it can serve them as their training ground where they can gain enough experience and knowledge about the policy-making and governance before they move to nationwide leadership. Having local autonomy also shows a high degree of democracy. Local government has some very important features that lend it significance, such as decentralization and local democracy, which have made the work part of it. Its significance is due to the fact that it is ideally suited to local interests, but also to better expression of local people and their will. It also serves as the symbol of communication between the central and local authorities and most importantly the people.

#local government #decentralization #local autonomy #blog 1 #ps elective II

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