 The Philippine government should take steps to remove and amend existing national discriminatory laws that contradict local ordinances that prohibit discrimination on the basis of sexual orientation and gender identity, including laws that require employees to follow a gender specific dress code. 1b. Absence of Gender Recognition Legislation (Articles 1, 2, and 3) Transgender women face discrimination based on their gender identity and gender expression because their changed gender is not recognized by the State and they are continually perceived and stereotyped as gay men. One of the department heads at the Department of Foreign Affairs informed a transgender woman that, per department policy for passport applications, male applicants should look masculine in their passport photograph. Since she looked feminine in the photo for her passport renewal and “contradicted” her appearance in her previous passport, she was forced to repeatedly have her photo taken until she looked less feminine in the photo. This process was done amidst the scornful looks of other applicants and department personnel.9 There is also clear unequal application of the law because some lower courts in the Philippines have granted transgender women the change of name and sex on their legal documents. The lower court rulings were not appealed by the Office of the Solicitor General, and the transwomen petitioners were able to successfully change their name and sex.10 RECOMMENDATIONS:  It is recommended that the Philippine government pass a Gender Recognition Law that provides legal gender recognition for transgender persons.  The government should direct immigration and passport control authorities to implement a policy of non-discrimination towards LBT persons, including receiving awareness training on proper procedures for handling applications from transgender persons. 1c. Absence of Legislation Prohibiting Hate Crimes on the Basis of Sexual Orientation, Gender Identity and Gender Expression (Article 3 and GR 19 Violence Against Women) Research conducted by the Philippines LGBT Hate Crimes Watch showed that of the total 141 documented cases of hate crimes recorded from 1996 to August 2011, 95 hate crimes involved gay men, 26 involved transgender persons, 16 involved lesbians and four 9 Discrimination to Transgenders in Department of Foreign Affairs' Passport Process. Magdalena Robinson, Feb. 7, 2011. 10 A Manila Regional Trial Court judge granted the change of name and sex of a petitioner based on sex reassignment without the Office of the Solicitor General appealing the decision. 4

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