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/
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