Chapter 2

Review of Related Literature and Studies

This chapter present the literatures and related studies including findings of previous

researches which will help in establishing the foundations of this study

Related Literatures

Republic Act No. 9262, known as the ''Anti-violence Against Women and their Children

Act of 2004,'' defines violence against women as any act or series of acts committed against

wives, former wives, or women in any form of intimate relationship with the perpetrator, which

result in or is likely to result in physical, sexual, psychological harm or suffering, or economic

abuse. It considers these acts of violence a public offense, and provides for protective measures

and other necessary relief for the survivor victims. In March 2004 President Macapagal-Arroyo

signed into law Republic Act 9262 or The Anti-Violence Against Women and their Children

Act. (Santiago and Aya, 2014)

This law was created in response to protect the welfare of housewives and all the women

and their children. For instance, being born female ensures a double struggle to access basic

services. Because gender bias is a social and cultural construction, it has existed since the men

and women were young. This unquestioned gender inequality, especially in terms of the gender

role difference between men and women can influence and even attract violence (Astbury,

2003).

Violence against women (VAW) is widely condemned as a fundamental violation of

human rights and is recognized as a significant public health problem, causing enormous social

harm and costs to national economies (WHO, 2013). It is also widely acknowledged that such
violence has an effect on children (Fulu, E et.al., 2013). Violence against women includes all

acts of physical, sexual, psychological or economic violence that occur within the family or

domestic unit or between former or current spouses or partners, whether or not the perpetrator

shares or has shared the same residence with the victim. (Council of Europe Convention on

Preventing and Combating Violence against Women and Domestic Violence, 2011)

In addition, violence against women and girls is any act of gender-based violence that

results in, or is likely to result in, physical, sexual or mental harm or suffering to women and

girls, including threats of such acts, coercion or arbitrary deprivation of liberty, whether

occurring in public or private life (United Nations, 2013). It encompasses many forms of

violence, including violence by an intimate partner, rape, sexual assault and other forms of

sexual violence perpetrated by someone other than a partner, child sexual abuse, forced

prostitution, trafficking of women, as well as harmful traditional practices such as early forced

marriage, female genital mutilation and honour killing (Garcia-Moreno et al., 2015).

Further, gender-based discrimination against women and inequality of power and

resources are the root causes of violence against women and girls (Fulu et al., 2016).

International agreements recognise that violence against women is characterised by the use and

abuse of power and control in public and private spheres and is intrinsically linked with gender

stereotypes that underlie and perpetuate such violence (United Nations, 2013).

Historically, family violence directed against children was of acute concern in the 19th

century, the cause assumed to lie in a moral, intellectual or psychological defect of the

perpetrator. Victorians were convinced, for example, that child abuse and neglect was

inexorably linked to delinquency and criminality and, therefore, vigorous state intervention was

warranted. Policies derived from this orientation focused on removal of children from the home
and the creation of surrogate family models. Abuse of women by male partners was not itself an

area of study until much later. The practice of domestic violence was socially acceptable and it

was assumed that the severe forms of violence that did contravene acceptable standards were

extremely rare. (Cunningham, Jaffe, Baker & Malla,1998)

However, if people are aware of their rights and duties, the delivery of justice in a society

becomes much easier. Legal awareness and legal literacy make drastic changes in our

democracy. Awareness of laws helps academic professionals as well as the general public to use

the legal system more effectively. Only two percent of women in rural areas gain access to

justice, even though several laws have been enacted protecting them against violence and abuse

(Staff Reporter, 2010)

Related Studies

In a recent study, it was found out that the respondents expressed that they have acquired

awareness on intimate partner violence from watching television. Majority of the respondents

were aware of the intimate partner violence in RA 9262. There was a significant relationship

between the modes of Information, Education and Communication (IEC) and level of awareness

of the respondents on RA 9262.

Meanwhile, in a separate study with regards to the level of awareness, majority of the

respondents were moderately aware of the provisions of R.A. 9262. As to the perception of the

respondents, they strongly agree that the provisions or statements are considered acts of violence

against women and their children. (Santiago and Aya, 2014)

Meanwhile, Guru (2015) explored the level of legal awareness among women of different

professions, education, and income and its impact on their real life as it related to violence. The
findings showed that a positive relationship existed between education, income, professional

work and legal awareness. It was also observed that legal awareness and victimization of women

were inversely related.

On the other hand, another study on violence against women revealed that the

participants had experienced various types of violence throughout their lifespan, with

psychological abuse by a spouse/partner occurring most frequently in the past 12 months.

Commonly reported types of abuse included insulting, criticizing, and intimidation by partner

(psychological abuse); slapping, hitting, and shoving (physical abuse); and forced sexual

intercourse and sexually degrading acts (sexual abuse) by a partner/spouse. (Guruge, Roche,and

Catallo, 2012)

Nonetheless, previous research (Garcia-Moreno, Jansen,Ellsberg, Heise, and Watts,

2006) has demonstrated a pervasive trend of violence against women, both crossculturally and

cross-nationally. Violence against women has many physical and mental health consequences

that can last long after the violence has ended, resulting in serious public health implications.

(Mahony, 2011)

Moreover, it was found out that the media do not initiate the topic of violence against

women but rather they report on it by way of short news once they get the information from their

source, most frequently police sources or non-governmental organizations, and the majority of

them confirmed this in their responses to questions in the survey.( Jukić, n.d)

Meanwhile, one-in-10 residents of New Brunswick (11 per cent) indicates that the

amount of violence against women has increased during the past 2-3 years in the area where he

or she currently lives. This sentiment is nearly twice as strong among women (15 per cent) than

it is among men (eight per cent). It’s also more prevalent in urban New Brunswick (17 per cent)
than in rural areas (seven per cent). Residents of north central (79 per cent) and northern (80 per

cent) New Brunswick, however, are most likely to have observed no change in the amount of

violence against women. (Province of New Brunswick Executive Council Office, 2009)