Queer (LGBTQ+) community against discrimination, and 54% agree
that gays and lesbians have contributed a lot to progress in Philippine
society. Despite this, the LGBTQ+ community have long suffered and
continue to experience discrimination, including hate speech, violence,
unequal treatment, and even killings. Discrimination in the workplace
and educational institution includes cases of not being hired or
promoted, and students being refused admission because of their
sexual orientation.
The anti-discrimination bill on the basis of sexual orientation has
languished in Congress since 1999. 33 Local ordinances prohibiting
discrimination based on SOGIE have been passed in local
governments, such as Quezon City, Cebu, Davao, and Dinagat Islands,
among others.34 These local ordinances significantly contributed to the
growing acceptance of LGBTQ+ community in our society.
Unfortunately, this is not enough to protect the individual rights of
people with diverse SOGIE. People belonging to the LGBTQ+
community have been prejudiced and stigmatized for the reason that
they do not conform to society‘s norms where men should be masculine
and women should be feminine. Discrimination in any form demeans
the dignity and human rights of a person as it limits an individual‘s
freedom and self-realization.
The Commission emphasizes that this proposed measure seeks to
address the crucial issues of differential treatment of an employee or
anyone 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), 35 the International
Covenant on Civil and Political Rights (ICCPR), 36 and the International
Covenant on Economic, Social, and Cultural Rights (ICESCR). 37 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,
33
An Act Prohibiting Discrimination on the Basis of Sexual Orientation, 11th Congress of the Philippines. Authored by Rep. Etta Rosales and
Sen Miriam Santiago
34
https://www.rappler.com/move-ph/issues/gender-issues/100631-ph-anti-discrimination-law-history
35
Articles 1, 2, and 7, Universal Declaration of Human Rights.
36
Articles 2(1), 25, and 26, International Covenant on Civil and Political Rights.
37
Articles 2(2) and 3, International Covenant on Economic, Social, and Cultural Rights.
GAD January-May 2020 Situation Report
CHR-X
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