engaged to render services, denial of admission or expulsion from educational
institution, and other forms of discrimination on the basis of SOGIE. Further,
it does not negate religious freedom, which is also a fundamental human right,
nor does it create a special right for the LGBTQ+ community. The rights to
equality and freedom from discrimination based on sex or other status are
enshrined in the Universal Declaration of Human Rights (UDHR),9 the
International Covenant on Civil and Political Rights (ICCPR),10 and the
International Covenant on Economic, Social, and Cultural Rights (ICESCR).11
The 1987 Philippine Constitution provides that the State values the dignity of
every human person and guarantees full respect for human rights. The
Philippines with a State policy to adopt generally accepted principles of
international law as part of the law of the land and as State Party to the ICCPR
and ICESCR, has the obligation to uphold the fundamental rights of equality
and non-discrimination by adopting positive measures in all areas to enable
very person to enjoy these rights. The proposed measure is an example of a
positive action of the State to advance equality and non-discrimination of
persons with diverse SOGIE. It is the responsibility of the State to protect the
rights and uphold the dignity of all by providing an enabling environment free
of discrimination and stigma for everyone to fully enjoy their human rights, and
for the LGBTQ+ community to be able to freely express themselves and
contribute to the betterment of the community.
It is in this light that the Commission, as primary proponent of human
rights in the Philippines, guided by the eight key human rights instruments to
which the Philippines is a State Party to and the Yogyakarta Principles,
expresses its support for the passage of the bill. Human rights are inherent in
all persons regardless of gender, race, culture, religion, and any other status
and all human beings are born free and equal in dignity and rights.12
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 rights13 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.14
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,15 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
9
Articles 1, 2, and 7, Universal Declaration of Human Rights.
Articles 2(1), 25, and 26, International Covenant on Civil and Political Rights.
11
Articles 2(2) and 3, International Covenant on Economic, Social, and Cultural Rights
12
Article 1, Universal Declaration of Human Rights
13
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.
14
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.
15
General Comment No. 2, Implementation of article 2 by States parties, Committee Against Torture, 24 January 2018.
CAT/C/GC/2.
10
GAD January-May 2020 Situation Report
CHR-X
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