Rainbow Rights Project, Inc.
SHINE Mindanao
The Lovelife Project for Health and Environment, Inc.
TransMan Pilipinas
Trippers Philippines, Inc.
Universal LGBT Club
Alvin Cloyd Dakis
Marlon Lacsamana
RE: PHILIPPINE LBT COALITION REPORT for 64th SESSION of CEDAW
This report provides independent information on the discriminatory conditions of
lesbians, bisexual women and transgender (LBT) persons in the Philippines. Our written
submission is to assist the Committee on the Elimination of Discrimination Against
Women (the Committee) during its 64th Session in July 2016 for its review of the
Philippines’ compliance with the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW). The NGOs submitting this report would like
this report to be posted on the CEDAW website for public information purposes.
LBT persons in the Philippines suffer discrimination and violence in their own families,
schools, workplace, and by employers and members of the public. Violence includes
physical abuse, sexual assault including rape, and in some cases, even torture and murder.
Family violence includes physical abuse and forced confinement by parents.
1. State of Philippine Laws, Policies, and Practices
The Philippines does not have comprehensive anti-discrimination legislation that protects
vulnerable groups including LBT persons. The Philippines also does not have a gender
identity recognition law and a law prohibiting hate crimes. In the Family Code,
homosexuality and lesbianism are placed in a negative light and are considered sufficient
grounds for automatically nullifying a heterosexual marriage on the basis of fraud (Art.
46 Sec. 4) and to legally separate (Art. 55 Sec.6).1
Although sexual orientation and intimate relationships of LBT persons are mentioned in
the Philippine Magna Carta of Women2 and although the sexual assault provisions of the
Anti-Rape Law3 are applicable to rape of LBT persons, much is needed from the
government in terms of their efforts to prevent, document, monitor and follow up cases of
1
Art. 46 Sec. 4 and Art. 55 Sec.6. The Family Code of the Philippines, 1987.
“An Act Providing for the Magna Carta of Women.” Republic Act No. 9710
http://www.lawphil.net/statutes/repacts/ra2009/ra_9710_2009.html; SEC. 3. Sexuality refers to the expression of a
person’s thoughts, feelings, sexual orientation and relationships, as well as the biology of the sexual response system of
that person.
3
Article 266-A.2 "An Act Expanding the Definition of the Crime of Rape, Reclassifying the Same as a Crime against
Persons…” Republic Act No. 8353; Lesbian partners can be punished for domestic violence, Section 3 “an Act
Defining Violence Against Women and Children…” also known also as “The Anti-Violence Against Women and
Children Act of 2004” (Anti-VAWC) Republic Act No. 9262.
2
2