104
Protocols
ANNEX 3.C:
HANDLING OF CASES INVOLVING
PERSONS WITH DIVERSE SEXUAL
ORIENTATION AND GENDER IDENTITY
AND EXPRESSION (PROTOCOL 3)
General Principles:
The Universal Declaration on Human Rights
recognizes that all human beings are born free and
equal in dignity and rights. The 1987 Constitution
on the other hand, declares as a state policy that “the
State values the dignity of every human person and
guarantees full respect for human rights159.” As sexual
orientation and gender identity and expression are
integral to a person’s dignity, these must not be used
as bases for discrimination and abuse. While many
nations have enacted laws that guarantee equality and
non-discrimination, human rights violations against
persons still occur based on actual or perceived sexual
orientation still occur160.
Pursuant to its mandates under the Philippine
Constitution, and to its international commitments,
the CHR shall investigate all forms of human rights
violations and acts of discrimination committed
against persons with diverse sexual orientation,
gender identity and expression.
As a rule, all principles of the regular investigation
process shall apply to the investigation of cases
involving persons with diverse SOGIE. However,
CHR officers must keep in mind that persons with
diverse SOGIE are common targets of discrimination,
stigmatization, and abuse. These abuses arise from:
a) Stigmatization of non-heterosexual behaviors
that go against societal norms.
b) Lack of community awareness and/or support.
c) Institutionalized
discrimination
against
persons with diverse SOGIE/ LGBTI persons
In the conduct of the Commission’s investigation
on cases involving persons with diverse SOGIE,
159 Article II, Section 2 1987 Constitution
160 Introduction to the Yogyakarta Principles
lawyers, investigators and officers of the Commission
shall adhere to the following standards and guidelines:
1) As much as possible, lawyers and investigators
handling cases of persons with diverse SOGIE
shall be duly trained on the human rights of
persons with diverse SOGIE/ lesbians, gays,
bisexual, transgender, and intersex (LGBTI)
persons. As much as practicable, they shall
have been identified as SOGIE/LGBTI focal
persons, have undergone gender sensitivity
training including the use of inclusive and
gender fair language.
2) Lawyers and investigators handling cases
of persons with diverse SOGIE should
recognize that respect for sexual rights, sexual
orientation and gender identity is integral to
the realisation of equality between men and
women161. Sexual orientation and gender
identity and expression (SOGIE) are integral
to every person’s dignity and humanity and
must not be the basis for discrimination or
abuse162. As human rights defenders, the
Commission’s lawyers and investigators shall
adhere to the Yogyakarta Principles163 when
it provides that “human beings of all sexual
orientations and gender identities are entitled to
the full enjoyment of all human rights.”
3) In accordance with the latest Guidelines from
the American Psychological Association
(APA) Guidelines for Psychological Practice
with Lesbian, Gay and Bisexual Clients (1820 February 2011), investigators and lawyers
handling cases of persons with diverse
SOGIE are encouraged/urged “to understand
the effects of stigma ( e.g such as prejudice,
discrimination, violence, hate crimes) against
persons with diverse SOGIE” and how these
161 Yogyakarta, Preamble
162 Introduction to Yogyakarta Principles
yogyakartaprinciples.org/principles_en.htm
http://www.
163 The Yogyakarta Principles are a set of principles on the
application of international human rights law in relation to sexual
orientation and gender identity. The Principles affirm binding
international legal standards with which all States must comply.
They promise a different future where all people born free and
equal in dignity and rights can fulfil that precious birthright
CHR Gender Ombud Guidelines
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