OLA Component_July 31, 2010 (vulnerable groups and how to handle them)

-woman with HIV refused treatment in hospitals, causing the death of her child

• What makes her situation one of vulnerability:

Vulnerable:

1. Pregnancy
2. HIV
3. Prone discrimination, helpless

Ma'am Litong:

• HIV is a medical condition, not a disability
• There's a special law which is applicable to HIV/AIDS positive persons
• Vulnerability of the pregnant woman that makes her prone to discrimination:  the misappreciation of the condition, the misinformation in the society attaches a stigma to the person with the medical condition - to the extent that the person would refuse to pursue a case to avoid publicity of her case
• The fact that she is a woman does not make her vulnerable: the HIV condition makes her more vulnerable - so the fact that she is a woman makes her still vulnerable in this case!
• Responsible behavior on the part of others would have helped the condition
• Women are more vulnerable to HIV virus because women offers an orifice - receiver of the semen which may be affected by the virus. Thus, it is on the man to which the responsibility lies
• Criminal cases/administrative cases do not prosper because in the first place, no case is filed by an HIV positive person
• HIV positive condition was interpreted as  "suicide" before in insurance cases

"How to handle the case: consider where she is coming from"

Defense of the hospitals:

• Damnum absque injuria
• Admits lack of facility, if not capable, would put the woman more at risk  (balance interest)

MA'AM: the law does not allow hospitals to refuse admission to hospitals, regardless of what condition the patient may have (UNIVERSAL PRECAUTIONARY MEASURES). This apply to both provincial and lying in hospitals. Lying in hospitals usually only perform normal deliveries

• How HIV virus transmitted during delivery? Know how!

How to assist client with HIV? Nasa HIV law RA 8504. (provides penalties - criminal prosecution)

1. Ips and Minors

Short Facts: In IP Community, a child stole something from neighbor. Dad volunteered to surrender the thing stolen and in addition, agreed to the decision of the elders that he be publicly humiliated by displaying him in public tied for 4 hours. Police authorities saw him, decided to filed charges against the elders and all who participated in deciding that public humiliation be resorted to. Child to be subjected to juvenile justice system

-actual case in Mindoro (Mangyans)

PROSECUTE	DEFEND
Apply mainstream law	Dapat inalam muna ng authorities if IP sha and why ginapos

How to look at the case: look using individualistic perspective: act is itself a criminal act, in isolation of all other facts then prosecute on the basis of mainstream law? Or look at IPRA (informal justice systems)

• Pag usapin ng Ips, cannot remove the community because it's a community issue
• Automatic na napupunta sa NCIP

2. Homosexuals

2 homosexuals, cross-dressers were beat up, and 2 teenagers who beat them up forcibly had anal intercourse with them

PROSECUTE	DEFEND
Refer to organized sectors Rape law: now recognized as rape even if victim is homosexual Ask what gender of legal counsel preferred Metalegal remedies: Treat as a hate crime Refer to organzed group for counseling Go to media, at option of client	Very biased narration of facts Focus on "teenagers" Below 15: exempted from criminal liability 15-18: if did not act with discernment, even if they did intend what they did Presumption of minority If 18-19: argue that the teenagers were ""drugged"

Ma'am: it's a hate crime!

-statistics: violence against homosexuals are based on hate felt against them

-balancing: obviously there is rape and it has to be recognized. The handling counsel should be able to tell it to the victims

-alleged "drugged": malabo?

-mahirap iprosecute: HR must develop sa usapin ng kabataan

-encourage LGBTs, because almost all the time they are victims of violence. Explain to the client that it's not their fault that they were treated that way but because of the way society treats them.

-Lesbians, para maging babae nirerape. Most integrated response

-Minors: intervention should be undertaken, or else they may be your future criminals (do not insist on automatic exemption) - restorative justice - should make the minors know that what they did was wrong, a hate crime. Be sensitive to their needs for development.

Lawyering for the vulnerable groups has extra obligation: to tell the truth to the client, what would happen to the case. Aside from being skilled and knowledgeable to the law is not enough.

4. Women accused of adultery

Defense:

• Condonation
• Power of man over woman reinforced by law: law makes it easier for the man to prosecute for adultery.
• Added layer: if with VAWC, more problematic
• If present the case that child would lose parents if both would be jailed. In more cases, woman would give in because society imposes on her the burden of reproduction and if she would not give in, the society would look down at her.
• That's why VAWC prevents compromises to prevent the situation of power play between woman and men
• VACWC easier to prove and access: it has protection measures. You play these aspects of the law so that she would not be forced to compromise in this case.
• Woman  easily placed in a position of stigma: woman usually do not resort to remedies available to her
• Normal for lawyers to compromise in this kind of case. Sometimes, the woman client would even propose this compromise because of the burdens on her. It is her decision, respect