culture, religion, and any other status and all human beings are born free and equal in dignity and rights.38 Section 5 (a) of SB 1271 lists discriminatory practices which includes promotion and encouragement of stigma on the basis of SOGIE in media, educational textbooks, and other medium, and inciting 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 of all forms of Discrimination Against Women, which regards gender-based violence as a hindrance on women from enjoying their rights39 on the basis of gender equality. This is further reaffirmed in General Recommendation No. 28 calling on State Parties to adopt and pursue policies that will eliminate the occurrence of discrimination based on a woman‘s sexual orientation or gender identity.40 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,41 by taking into account that both men and women who do not conform to socially determined gender roles may be subject to torture or inhuman and degrading treatment. The Commission also emphasizes the importance of Section 5 (i) of the bill which prohibits the conduct of medical or psychological means to determine or alter a person‘s SOGIE as it is also a form of discrimination and tantamount to mental torture. The UN High Commissioner for Human Rights42 condemned the use of ―conversion therapy‖ as it violates the prohibition on torture and degrading treatment. Team Magazine, a local online LGBT-oriented magazine43 published a story in 2011 of a young man forced to undergo conversion therapy by means of penile 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 (j), which prohibits profiling based on sexual orientation and gender identity, as it promotes stigma and prejudice among the 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 charged with an offense. We take this opportunity to raise the issue of humane 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 their sexual orientation and gender identity. xxx 38 Article 1, Universal Declaration of Human Rights. UN Committee on the Elimination of all Forms of Discrimination against Women (CEDAW), CEDAW General Recommendation no. 19: Violence against Women, 1992, available at: https://www.refworld.org/docid/52d920c54.html. 40 General Recommendation No. 28 on the core obligations of States parties under article 2 of the Convention on the Elimination of All Forms of Discrimination against Women, CEDAW Committee, December 26, 2010. CEDAW/C/GC/28. 41 General Comment No. 2, Implementation of article 2 by States parties, Committee Against Torture, 24 January 2018. CAT/C/GC/2. 42 Discrimination and violence against individuals based on their sexual orientation and gender identity, Human Rights Council, 4 May 2015. A/HRC/29/23. 43 Breaking Bading – An account of conversion therapy, TEAM Magazine, 06 November 2017, https://teammag.ph/breaking-bading-account-conversion-therapy/ 39 GAD January-May 2020 Situation Report CHR-X Page 18 of 20

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