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SEVENTEENTH CONGRESS OF THE REPUBLIC
OF THE PHILIPPINES
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First Regular Session
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SENA
S.B. No
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Introduced by: Senator Paolo Benigno "Bam" A. Aquino IV
AN ACT PROHIBITING DISCRIMINATION ON THE BASIS OF ETHNICITY, RACE,
RELIGION OR BELIEF, SEX, GENDER, SEXUAL ORIENTATION, GENDER IDENTITY, GENDER
EXPRESSION, CIVIL STATUS AND HIV STATUS, AND PROVIDING PENALTIES THEREFOR
EXPLANATORY NOTE
The Bill of Rights in the 1987 Constitution guarantees equal protection for every
Filipino, and prohibits discrimination of persons based on ethnicity, race, religion or belief,
political inclinations, social class, sex, gender, sexual orientation, gender identity, gender
expression, civil status, medical condition, or any other status in the enjoyment of rights.
The fundamental law also declares that the State values the dignity of every human person
and guarantees full respect for human rights (Section 11, Article II, 1987 Constitution). It
also imposes on the State the duty to ensure the fundamental equality before the law of
women and men (Sec. 14, Id.).
In addition, the Philippines is a signatory to numerous international agreements that
seek to ensure respect for the human rights of all persons regardless of ethnicity, race,
religion or belief, sex, gender, sexual orientation, gender identity, gender expression, civil
status, medical condition, or any other status. These international human rights instruments
have consistently been interpreted by international institutions, such as the United Nations
Human Rights Committee and the United Nations Committee on Economic, Social and
Cultural Rights.
Unfortunately, reality has yet to catch up with the noble intentions of these
numerous laws and international agreements. In schools, workplaces, commercial
establishments, public service, police and the military, prejudicial practices and policies
based on sexual orientation and gender and cultural identity limit the exercise and
enjoyment of basic human rights and fundamental freedoms.
We still see, for instance, employment practices that prioritize single over married
job applicants; or other cultural practices that suppress an individual's right to practice his
or her religion, faith, or cultural belief. Many Filipinos in indigenous communities have yet
to be fully integrated into the workforce; ignorance about their cultural practices often
leads to stigma and marginalization.