2c. Discrimination and Violence in Education (Article 10)
Transgender children, adolescents and young adults are subjected to abuse in school even
at a young age. Tomboy girls and transgender boys are humiliated by being forced to
parade before their classmates wearing a curtain as a makeshift skirt. Transgender girls
are summoned to the school administrator’s office and forced to stop wearing dresses and
skirts and cut their hair short. To enforce compliance with gender specific clothing, LBT
students are threatened with suspension, not being allowed to enter the school premises,
or not being allowed to graduate should they disobey the schools’ orders.23
At the University of Philippines-Los Banos and University of Philippines Babaylan,
transgender students were forced out of their classrooms or threatened that they would be
barred from graduating because of their gender expression. Some lecturers made gay and
lesbian students stand in front of their class for prolonged periods.24
A gender discrimination complaint by a female transsexual student from the University of
the Philippines Diliman against her professor who, because of religious beliefs, refused to
address her as a female in class, was dismissed by the chairperson of the Department of
European Languages, College of Arts and Letters, citing the absence of applicable
provisions that directly deals on LGBT issues in the University policy.25
There is progress with some education policies such as: the Department of Education
(DepEd) Child Protection Policy, which mandates all public and private elementary and
secondary schools to prohibit discrimination based on sexual orientation and gender
identity;26 the DepEd Implementing Rules of the Anti-Bullying Act, which expound
“gender-based bullying” to include acts committed on the basis of perceived or actual
sexual orientation and gender identity;27 and the Commission on Higher Education
(CHED) Memorandum Order 1-2015, which identifies sexual orientation and gender
identity as one of the priority areas for research in all the higher education institutions.
The greatest weakness of these education policies is absence of proper guidelines for
implementation, specifically, how schools and institutions of higher learning can protect
students from discrimination based on sexual orientation and gender identity. 28 Data
collected by the DepEd is not disagregated to determine the prevalence of violence and
discrimination in schools based on sexual orientation and gender identity. The CHED
policy does not include a mandate for prevention, investigation, and prosecution of
school violence and discrimination against LBT in higher education institutions.
23
Actual cases gathered from December 2011 onwards by the Quezon City Protection Center. Evidence-gathering
methods and identities withheld for confidentiality.
24
UPLB LGBT community march for equality, August 15, 2011, available at
http://next.upi.com/archive/2011/08/15/UPLB-LGBT-community-march-for-equality/2081313393367/
25
UP Diliman student claims gender discrimination Bernice P. Varona, UP Community Newspaper April 2011 Vol. 32
No 04 pp. 3 & 5
26
DepEd Order No. 40, Series 2012, Child Protection Policy, Sec. 3, para. J.
27
Anti-bullying Law Implementing Rules and Regulations, 2013.
28
CHED Memorandum Order 1, Series 2015, Section 5 on Priority Areas.
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