tantamount to mental torture. The UN High Commissioner for Human Rights16
condemned the use of ―conversion therapy‖ as it violates the prohibition on
torture and degrading treatment. Team Magazine, a local online LGBToriented magazine17 published a story in 2011 of a young man forced to
undergo conversion therapy by means of penile plethysmograph. This
practice is also called ―sexual orientation change efforts.‖ It has been used to
try to alter an individual‘s sexual orientation, but was proven unethical,
unscientific, and ineffective.
We equally support Section 5 (j), which prohibits profiling based on
sexual orientation and gender identity, as it promotes stigma and prejudice
among the LGBTQ+ community. It also prohibits individuals from being
subjected to detention on the basis of SOGIE by members of law enforcement
agencies, including immigration authorities. This provision gives cognizance
to Principle No. 7 of the Yogyakarta Principles, which states that all persons
regardless of sexual orientation or gender identity are entitled to due process
whether or not charged with an offense. We take this opportunity to raise the
issue of humane treatment while in detention where people with diverse
SOGIE should not be subject to risk of violence or further marginalization.
Further, Principle No. 9 strongly urges States to ensure that persons deprived
of liberty are able to participate in decisions regarding the place of detention
appropriate to their sexual orientation and gender identity.
xxx
In conclusion, the Commission supports measures to protect people
with diverse SOGIE from discrimination, including those addressing issues of
employment and associated rights. This measure will hopefully spark not just
policy forum, but also increase the acceptance of persons with diverse SOGIE
in society, creating a healthy environment conducive for all. The passage of
the Anti-discrimination Bill based on SOGIE will be a major step towards
fulfilling the State‘s duty to respect, protect, and fulfill the human rights of all.
The Senate Bill No. 1271 focused more on the acts of discrimination being faced by persons
with diverse SOGIE. The bill defines ‗discrimination‘ as:
‗refers to any distinction, exclusion, restriction, or preference based on the
grounds of sex, sexual orientation, gender identity or expression, hereinafter
referred to as ―SOGIE‖, and has the purpose or effect of nullifying or impairing
the recognition, access to, enjoyment, or exercise by all persons on an equal
footing of all rights and freedoms. For purposes of this provision, the actual
sex, sexual orientation or gender identity of the person subjected to
discrimination shall not be relevant for the purpose of determining whether an
act of discrimination has been committed.18
The terms sexual orientation, gender identity and expression have a different meaning and
should not be used interchangeably with sex.
Sexual orientation refers to each person‘s capacity for profound emotional,
affectional and sexual attraction to, and intimate and sexual relations with,
another person.19
16
Discrimination and violence against individuals based on their sexual orientation and gender identity, Human Rights Council,
4 May 2015. A/HRC/29/23.
17
Breaking bading – An account of conversion therapy, TEAM Magazine, 06 November 2017, https://teammag.ph/breakingbading-account-conversion-therapy/
18
Sec. 3(a).
19
Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity and SexCharacteristic: A Manual
for National Human Rights Institutions, Asia Pacific Forum, 2016, 11.
GAD January-May 2020 Situation Report
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