DISCRIMINATION ON THE BASIS OF SEXUAL

ORIENTATION, GENDER IDENTITY AND

EXPRESSION (SOGIE) IN THE PHILIPPINES

Learning Objectives:

This lesson discusses about the widespread and systematic human rights violations and

discrimination on the basis of sexual orientation, gender identity, and expression (SOGIE)

persisting in the Philippines. The discussion will pertain the acts of discrimination to the

various rights which the members of LGBTQ possess. At the end of this module, you should

be able to:

1. understand the issues on human rights violations and discrimination on the

basis of SOGIE;

2. understand the impact of human rights violations and discrimination to the

Filipino society; and

3. formulate activities and programs to address these human rights violations and

discrimination on the basis of SOGIE.

Definition of Terms:

SOGIE-an acronym for Sexual Orientation, Gender ldentity and Expression-

aspects of gender of persons which must be considered and given attention.

Anti-Discriminatory Bill-a proposed legislation before the Philippine Congress

intended to prevent various economic and public accommodation-related acts

ofdiscrimination against people based on their SoGIE.

The Universal Policy

Articles 2(1), 3, and 26 of the Convention provide for the respect, equality, and non-

discrimination of all individuals on the grounds of, inter alia, race, color, and sex

In the landmark decision of Toonen v Australia in 1994, it is found not only that the

reference to "sex" in Articles 2(1) and 26 must be taken to include sexual orientation, but

also that laws which criminalize consensual homosexual acts expressly violate the privacy

protections of the law.

National and Local Policies

LGUs from different cities all over the Philippines have been proactive in passing and

fling city ordinances banning LGBT discrimination.

Presently, the Anti-Discriminatory Bill is still pending before the Congress. This bill is

expected to be signed into law before the end ofthe Duterte Administration. Prior to these

bills, several LGUs have enacted ordinances and resolutions to address these issues.

In Quezon City, anti-discrimination' in emplovment was enacted in 2004 and LGBI-

friendly provisions are supplemented in the Quezon City Gender and Development

Ordinance. Albay Province and Bacolod City passed an anti-discrimination ordinance.

Angeles City not only passed anti- discrimination legisation, but created a Gay Rights Desk

as well.

In the House of Representatives, Representative Raymond Palatino of the Kabataan

Partylist filed House Resolution No.1333, which seeks to investigate prejudicial, discriminatory,

and unjust practices and policies against LGBT students implemented and tolerated

schools, partnering with the DepEd and other government agencies to explore the inclusion
ofa Comprehensive Gender Curriculum on basic and secondary education and in vocational

and technical school to incorporate discussion on issues ofLGBT persons.

In May of2012, the DepEd issued DepEd Order No.40 or, "The DepEd Child Protection

Policy" to guarantee the protection of children in schools from any form ofviolence, abuse,

or exploitation regardless of sexual orientation and gender identity.

Effect of State Discrimination in Society

The State's treatment of LGBT indiiduals intensifies discrimination on the basis of

SOGIE within Philippines society and social institutions.

Being young and not conforming to the gender roles assigned to one's sex increases

the risk of diserimination and abuse for LGBT persons. This victimization is aggravated by

the absence of support mechanisms and school policies addressing this concern, as well

as the failure of schools to safeguard students from being abused by other students, staff,

administrators, and teachers. The discrimination LGBT students face in schools not ony

violates the right to be free from discrimination but prevents these individuals from the

enjoyment of numerous other rights in the Covenant as well.

Homophobia, the stigma and prejudice toward LGBT persons, are very present within

Filipino society;, creating a dangerous climate of hostility toward LGBT people.

LGBT youth are ofterf targeted by parents who, upon discovering their child's sexual

orientation andlor gender identity, feel compelled to inflict physical harm on them out of

frustration or in an attempt to prevent their child from expressing their sexuality.

Discrimination by the Catholic Church

The Catholic Bishops Conference ofthe Philippines (CBCP) and Episcopal Commission

on Family and Life (ECFL) has been fervently demanding Congress for the removal of "sex,

gender, sexual orientation and gender identity" in the comprehensive anti-discrimination

will only "create problems regarding ethics, marriage, the family and religious freedom

and reasons that "the difference in sex or gender does not belong to the same level as the

difference in race, color, religion, or ethnicity".

Antagonists of the anti-discrimination bill claim that the passage of an anti-

discrimination legislation will open the door for same-sex marriages. A provision allowin8

for same-sex marriage was not present in the anti-discrimination bill at the time of its

introduction first filing and has never been added.

Participation of the members of LGBTQ+ in Public Life

Article of the Convention provides for the right of each citizen to participate in

public affairs, to vote, and to have equal access to public service in the country. These rights

are provided free of unreasonable restriction and free from distinctions made on the basis of

sex, which as mentioned above, includes sexual orientation.

Discrimination in the Military

Through their media announcements, it seems on the surface that the Philippine

military and the police are adhering to the non-discrimination clause of the Philippine

Constitution (Art 2) and the ICCPR by its declaration of openness to admit gays, lesbians,

and bisexual persons in military and police service.

Upon closer inspection, the additional conditions required from gay, lesbian, and

bisexual applicants and cadets demonstrate lingering prejudices and negative stereotypes

toward LGBT person. Also, the military's apparent strict adherence exclusively towards

heterosexist gender binary (masculine and feminine) roles discriminate against those that

fall short to this standard and are considered as the benchmark of what constitutes being

decent, proper and respectful.

The generalized negative stereotyping of LGBT persons and the misconception that a
person's sexual orientation defines one's gender expression are most evident on the common

position of the APE, PNP and PMA towards gay and effeminate behavior.

The identifcation of sources of discrimination is vital so that you. will know how these

acts are committed or performed by the social institutions, their respective actors. The

unified output can result to a class program or activity addressing this concern.

Summary

Discrimination ofpeople based on SOGIE iswidespread in the Philippines. International

and local policies are in place to address this prevailing issue, yet some institutions still

spread this ill issue. What is clear is that everyone, including students, must act to resolve

this issue.

Assessment

1. Look for YouTube cips which depict how discrimination takes place in different

setings. Write a reñection paper expressing your feelingsand thoughts about the video.