POSITION PAPER

THE ANTI DISCRIMINATION ON

THE BASIS OF SEXUAL
ORIENTATION AND GENDER
IDENTITY OR EXPRESSION BILL.
• The Commission on Human Rights ("Commission "for brevity),pursuant to it's constitutional mandate to recommend to
Congress effective measures to promote and protect human rights ,and as Gender and Development Ombud (Gender
Ombud )under the Magna Carta of Women,submits it's position paper on Senate Bill No.1271 entitled,"Anti Discrimination
on the Basis of Sexual Orientation ,Gender Identity and Expression",authored by Sen.Risa Hontiveros .The bill,which is
pending before the Senate seeks to prohibit discrimination bon the basis of sexual orientation and gender identity bor
expression (SOGIE)
•
• The Philippines is considered as one of the most "gay-friendly"countries in the Asia Pacific region, according to the 2013
Pew Research Center survey.The Survey showed that 73% of adult Filipinos,agreed that homosexuality should be
accepted.Another survey conducted by Social Weather Stations in 2013 showed that 85% of Filipinos support the Lesbian
,Gay,Bisexual, Transgender,Queer (LGBTQ+) community against discrimination,and 54% agree that gays and lesbians has
contributed a lot to progress in the Philippine society.Deapite this,the LGBTQ+ community have long suffered and
continue to experience discrimination, including hate speech, violence,unequal treatment and even killings .
Discrimination in the workplace and educational institutions include cases of not being hired or promoted ,and students
being refuse admission because of thier sexual orientation.
•
• The Anti Discrimination bill on the basis of sexual orientation has languished in Congress since 1999.Local ordinances
prohibiting discrimination based on SOGIE have been passed in local governments,such as Quezon City,Cebu,Davao
and Dinagat Island,among others.The local ordinances significantly contributed to the growing acceptance of LGBTQ+
community in our society. Unfortunately,this is not enough to protect the individual rights of people with diverse
SOGIE.People belonging to the LGBTQ+ community have been prejudiced and stigmatized for the reason that they do
not conform to society's norms where men should be masculine and women should be ferminine.Discrimination is any
form demeans the dignity and human rights of a person as it limits an individuals freedom and self-realization.
• The Commission emphasizes that this proposed measure seeks to address the crucial issues of differental
treatment of an employee or anyone engaged to render services,denial of admission or expulsion bfrom
educational institutions,and other forms of discrimination on the basis of SOGIE.Further,it does not negate
religious freedom,which is also a fundamental human rights,nor does it create a special right for the
LGBTQ+ community.The rights to equality and freedom from discrimination based on sex or other status
are enshrined in the Universal Declaration of Human Rights (UDHR),the International Covenant on
Economic ,Social,and Cultural Rights.The 1987 Philippine Constitution provides that the state values the
dignity of every human person and guarantees full respects of human rights.The Philippines with State
policy to adopt generally accepted principles of international law as part of the land and as State Party
to the ICCPR and ICESCR,has the obligation to uphold the fundamental rights of equality and non-
discrimination by adopting positive measures in all areas to enable every person to enjoy these rights.The
proposed measure is an example of a positive action of the State to advance equality and non-
discrimination of persons of diverse SOGIE.It is the responsibility of the State to protect the rights and
uphold dignity of all by providing an enabling environment free of discrimination and stigma for everyone
to fully enjoy their human rights and for the LGBTQ+ community to be able to freely express themselves
and contribute to the betterment of the community. It is in this light that the Commission,as primary
proponent of human rights in the Philippines,guided by the eight key human rights instrument to which the
Philippines is a State party to and the Yogyakarta Principles ,expresses its support for the passage of this
bill.Human rights are inherent in all persons regardless of gender,race, culture,religion,and any other status
and all human beings are born free and equal in dignity and rights.
• Section 5of SB1271 discriminatory practices which includes promotion and encouragement of stigma on the
basis of SOGIE in media, educational textbooks,and other meduim and incting violence and sexual abuse
against any person or group on the basis of SOGIE.This is consistent with General Recommendation no.19 of the
UN Committee on the Elimination Discrimination Against Women,which regards gender based violence as a
hindrance women from enjoying thier rights on the basis of gender equality.This is further reaffirmed in General
Recommendation No.28 calling on States parties to adopt and pursue policies that will eliminate the accurrence
of discrimination based on woman's sexual orientation or gender identity.
•
• On the other hand,the UN Committee against Torture provides in General Comment No.2 that States should
provide protection for individuals or groups made vulnerable by discrimination,taking into account that both
men and women who do not conform to socially determined gender roles maybe subject to torture or inhuman
and degrading treatment.
• The Commission also emphasizes the importance of Section 5 of the bill which prohibits the conduct of medical
or paychological means to determine or alter a person's SOGIE as it is also a form of discrimination and
tatanmount to mental torture.The UN High Commissioner for Human Rights condemned the use of "conversion
therapy"as it violates the prohibition on torture and degrading treatment.Team Magazine,a local online LGBT-
oriented magazine published a story in 2011 of a young man forced to undergo conversation therapy by means
of penie plethysmograph.This practice is also called "sexual orientation change efforts " .It has been used to try
to alter an individual's sexual orientation,but was proven unethical, unscientific and ineffective.
• We equally support Section 5,which prohibits profiling based on sexual orientation and gender identity,as it
promotes stigma and prejudice among LGBTQ+ community.It also prohibits individuals from being subjected to
detention on the basis of SOGIE by members of law enforcement agencies, including immigration authorities.This
provision gives cognizance to Principle no.7 of the Yogyakarta Principles, which states that all persons regardless
of sexual orientation or gender Identity are entitled to due process whether or not charge with an offence.We
take this opportunity to raise the issue of human treatment while in detention where people with diverse SOGIE
should not be subject to risk of violence or further marginalization.Further,Principle no.9 strongly urges States to
ensure that persons deprived of liberty are able to participate in decisions regarding the place of detention
appropriate to thier sexual orientation and gender indentity.
•
• As Gender Ombud and guided by the Yogyakarta Principles in promoting and mainstreaming the rights of
persons with diverse SOGIE,the Commission respectfully proposes the following recommendations: 1.Include a
provision that prohibits a person from disclosing an individual's SOGIE or any information that intends to reveal
someone's SOGIE without his or her express consent.The act of disclosing such information especially without
prior consent is a violation of their right to privacy and would make the individual vulnerable to further
discrimination and prejudice
• 2.Include gender preference in Section 3 defining gender identity as the sense of being male or female that
does not necessarily correspond to thier assigned sex at birth.The Yogyakarta Principles provides that gender
identity refer to each person's deeply felt internal and individual experience of gender,which may or may not
correspond with the sex assigned at birth, including the personal sense of the body and other expressions of
gender,including dress,speech and mannerisms.
• in coordination with the Commission,shall be mandated to conduct a review of educational textbooks and reference
materials to ensure that the same do not promote and encourage discrimination
• 4.In reference to Yogyakarta Principle no.32,States shall"guarantee and protect the rights of everyone, including all
children ,to bodily and mental integrity ,autonomy and self-determination,"the prohibition on medical and phsycological
examination to determine or alter one's SOGIE should also apply to minors 3.Pursuant to Section 5 of this bill,it is
recommended that the Department of Education
• 5.In section 10 on Programs to promote Non-discrimination and Diversity ,in ensuring the implementation of social
protection programs,it is recommended that health ,housing ,social security,and other benefits should not be
discriminatory,and must be inclusive and made available to partners of people with diverse SOGIE.
• 6.Adopt special penal laws criminalizing hate crimes and gender-base harashment in the streets and public spaces and
advocate for a healthy environment free from discrimination and stigmatization.We likewise recommend the passage of
the comprehensive anti-discrimination bill(CADB),which seeks to protect the rights of other marginalized and vulnerable
sectors of society.The passage of Senate Bill No.1271 should be without prejudice to the possible enactment of the CADB.
• In conclusion ,the Commission supports measures to protect people with diverse SOGIE from discrimination,including
those addressing iasues of employment and associated rights.This measure will hopefully spark not just policy reform,but
also increase the acceptance of person's of diverse SOGIE in society,creating a healthy environment conductive for
all.The passage of Anti-discrimination Bill based on SOGIE will be a major step towards fulfilling the State's duty to respect ,
protect,and fulfill the human rights at all.
•
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