Gender identity is a person‘s internal sense of being a man or a woman or a third or alternative gender, or a combination of genders.20 Gender expression is a person‘s ways of communicating masculinity or femininity (or both or neither) externally. This is done through physical appearance – including clothing, hair styles and the use of cosmetics – and mannerisms, ways of speaking and behavioral patterns when interacting with others.21 Sex, on the other hand is differentiated from the term SOGIE, which refers to ‗a person‘s biological characteristics. These may be genetic, hormonal or anatomical and typically are used to categorise people into two distinct categories as either male or female.‘22 The oppositors claim that the bill is anti-family and anti-marriage citing Family Code, which defines marriage as: a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.23 The bill sought to prohibit discrimination in employment and associated rights on the basis of one‘s sexual orientation, gender identity or expression. Senate Bill No. 1271, does not attempt to legislate same-sex marriages (usually called Marriage Equality in other jurisdictions). Contrary to the claim of the oppositors, the bill likewise does not encourage profiling. In fact, the bill includes profiling as one of the discriminatory practices that it hopes to prohibit. The bill provides: Section 5 - Discriminatory Practices. - It shall be unlawful for any person, natural or juridical, to: xxx j. Subject any person, natural or juridical, to profiling, detention, or verbal or physical harassment on the basis of SOGIE. Profiling, detention, or verbal or physical harassment on the basis of SOGIE by members of law enforcement agencies, including the military, police, immigration, is likewise prohibited. Physical or verbal harassment based on SOGIE of persons in custody or detention of the police, including subjecting them to extortion, is also prohibited; xxx The CHR X has noted that the City Council of Cagayan de Oro has proposed an ordinance on diversity and equality. The proposed ‗Cagayan de Oro City Diversity and Equality Ordinance‘ aims to eliminate all forms of discrimination that violate and offend the guarantee of equal protection enshrined in the Bill of Rights, and the State‘s obligations under Human Rights instruments to which the Philippines is a State party.24 The proposed ordinance hopes to prohibit and eliminate discrimination, whether directly or indirectly, based on personal characteristics such as age, racial or ethnic origin, religious belief or activity, political inclination or conviction, social class, sex, gender, sexual orientation, gender identity and expression, marital or relationship status, disability, health status or medical history, 20 Ibid, 12. Ibid. 22 Ibid, 13. 23 Article 1, Executive Order No. 209 The Family Code of the Philippines, July 6, 1987 24 Proposed Cagayan de Oro City Diversity and Equality Ordinance, Article I, Section 2. 21 GAD January-May 2020 Situation Report CHR-X Page 14 of 20

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