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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