Intended Learning Objectives
At the end of the discussion, student should be able to:

Identify the international laws and policies on violence and
discrimination affecting the members of LGBTQIA+;
 Identify the forms of violence and discrimination of the LGBTQIA+; and
 Determine the various Philippines National and Local Laws and Policies
for Protection of Rights of Members of the LGBTQIA+ Community.
Introduction
 Around the world, Lesbian, Gay, Bisexual,Transgender, Queer, Intersex and Asexual
or (LGBTQIA+) Individuals continue to face widespread violence and discrimination.
 In America, the first study to examine the issue was conducted in a year 2016 reported
that 71.1% violent victimizations per 1,000 persons a year, compared with 19.2% per
1,000 a year to those non sexual and gender minorities (Galvan, 2020).
 In Asia, including the Philippines, a research coordinated by IGLHRC it found out that
LGBT people faced this frequent violence and daily discrimination without any
protection from the state.
 Thus, International Human Rights Law establishes legal obligations on States to
ensure protection to the rights of LGBTQIA+ people experienced violence and
discrimination on the basis of sexual orientation, gender identity around the world.
United Nations (UN)
 United Nations is an alliance of states with
currently 193 countries from all regions of the world
with global functions.
 All countries together cover an area of 133.81
million km² and 7.84 billion people, 88.53% of
the world's inhabitable area and 99.45% of the
world's population.
 The Philippines is one of the original 51 Charter
Members that created United Nations in 1945.
 Thus, the United Nations is a global organization
whose functions are to securing peace and
protecting human and international rights.
 INTERNATIONAL LAWS AND POLICIES
United Nations Human Rights Treaty bodies:
 United Nations Human Rights Committee
 Committee in Economic, Social and Cultural Rights
 Committee on Rights of a Child.
 Committee Against Torture
 Committee on the Elimination of Discrimination
Against Women
These Committees have confirmed that Sexual
Orientation and Gender Identity are included
among prohibited grounds of Violence and Discrimination
Source:
to the LGBTQIA+ People around the world.-(IHRL)
https://aseansogiecaucus.org/news/externalnews/31-un-issues-official-report-ondiscrimination-and-violence-on-the-basis-ofsogie
 International Human Rights Law
 International human rights law lays
down obligations which States are
bound to respect.
 By becoming parties to international
treaties, States assume obligations
and duties under international law to
respect, to protect and to fulfil human
rights
UN Human Rights Council meets on March 1, 2022.
Credit: UN Web TV
 Obligation and Duties of IHRL
 The obligation to respect means that
States must refrain from interfering
with or curtailing the enjoyment of
human rights.
 The obligation to protect requires
States to protect individuals and groups
against human rights abuses.
 The obligation to fulfil means that
States must take positive action to
facilitate the enjoyment of basic human
rights.
UN Human Rights Council meets on March 1,
2022.Credit: UN Web TV
 What is Human Rights?
 Human Rights’ developed and articulated by UDHR in a year 1948.
 According to the Universal Declaration of Human Rights defined as
the rights that inherent to all human beings and all equally entitled to
human rights without discrimination, whatever nationality, place of
residence, sex, national or ethnic origin ,color, religion,language, or any
status, such as age, disability, health status, sexual orientation or
gender identity.
“All human beings are born free and
equal in dignity and rights.”
Source: www. google.com
 YOGYAKARTA PRINCIPLES
Meeting held at Gadjah Mada University in Yogyakarta,
Indonesia, November 6-9 2006, participated by 29
distinguished experts from 25 countries.
This Yogyakarta Principles was introduced for the
following purposes:
 To ensure protection of the rights of all Human beings
that are born free and equal in dignity and rights;
 To promote Human Rights as universal, interdependent,
indivisible and interrelated; and
 To ensure a better understanding that Sexual
Orientation and Gender Identity are integral to every
person’s dignity and humanity and must not be the basis
of discrimination and violence.
Image Credits. Morgan Carpenter
Source: https://ihra.org.au/31780/theyogyakarta-principles-10-launched/
What are the Yogyakarta
Principles?
The Yogyakarta Principles are a set
of principles on the application of
international human rights law in
relation to sexual orientation and
gender identity.
Why are they needed?
Human rights violations targeted toward
persons actual or perceived sexual
orientation or gender identity constitute an
entrenched global pattern of serious concern:
e.g extra-judicial killings, torture and illtreatment, sexual assault and rape,
invasions of privacy, arbitrary detention,
denial of employment and education
opportunities, and serious discrimination
in relation to the enjoyment of other human
rights.
How did the Principles come about?
The Principles were developed and unanimously
adopted by a distinguished group of human
rights experts:
• Judges,
• Academics,
• Former UN High Commissioner for Human
Rights,
• UN Special Procedures,
• Members of treaty bodies,
• NGOs and others.
How can these rights be implemented?
 The Principles affirm the primary obligation of States to implement
human rights.
 Each Principle is accompanied by detailed recommendations to States.
 The Principles also emphasize, however, that all actors have
responsibilities to promote and protect human rights.
 Additional recommendations are therefore addressed to the UN human
rights system, national human rights institutions, the media, nongovernmental organisations, and others.
The Salient features
of YOGYAKARTA
PRINCIPLES
The principles address
a broad range of human
right issues
They do not create
new rights
They essentially lay
out the obligations
They provide
recommendations to
non state actors
State should fulfill to ensure that LGBTQ
people can enjoy the same human rights
as everyone else in society.
The UN human rights system,
national human rights
institutions, media, NGOs, and
funders that promote and protect
human rights.
They articulate
the rights that already held.
Human Rights Issues:
universality of human rights,
non-discrimination, recognition
before law, right to life and
security, right to privacy, fair
treatment by the police and the
courts, economic and social
rights, freedom of conscience,
religion, expression and
assembly.
n
Current Overview of the Protection of the Rights of LGBT People
in the Philippines
The report examines the protection of the rights of LGBT people in the Philippines
under the broad categories of:
Education
Family Affairs
Religion
Health
Employment
Media
Politics
(UNDP & USAID, 2014)
 Educational institutions, it
was found that LGBT people
are subject to discrimination,
bullying and abuse under the
guise of “academic freedom”
which allows educational
institutions to create their own
policies.
 Lack of resources,
 Overemphasis on testing,
 Problems with access to HIV testing,
 Transgender people lack information
on hormone replacement therapy,
 The need to address the psychosocial
health needs of LGBT Filipinos.
Discrimination were given in both
the recruitment of employees and
during regular employment.
Sexual harassment of LGBT
employees was reported.
Potential discrimination in the
workplace based on HIV status.
 The LGBT persons do not have
the right to marry someone of the
same sex.
 Adoption is allowed by a single
LGBT person but not by two
people who identify as a domestic
couple.
 The LGBT people in the
Philippines was
discussed, noting the
strong influence of the
Roman Catholic Church,
which can contribute
to discrimination.
 LGBT people have been
criticized in the way that it
stereotypes gay men and limits
representation of lesbians and
transgender people;
demonstrates transphobia and
homophobia; and
sensationalizes coverage of
LGBT-related events.
 Many of the LGBT people
holding elected posts do
not necessarily champion
LGBT issues.
 This explains why most
LGBT political
representations are done
by heterosexual allies.
 NATIONAL LAWS AND POLICIES
 The 1985 Philippine Constitutions states that:“ The State values
the dignity of every human person and guanrantees full respect for
human rights.”
 In the Bill of Rights Article 3, Section 1, it enshrines in its due
process and equal protection clauses that: “ No person shall be
deprived of life, liberty, or property without due process of law, nor
shall any person be denied the equal protection of the laws.”
 “ Ang Ladlad” case (Ang Ladlad LGBT Party vs.
Comelec GR 190582 8 April 2010)
“ From the standpoint of the political process, the lesbian, gay,
bisexual, and transgender have the same interest in participating in the
party-list on the same basis as other political parties similarly situated.
Hence, laws of general application should apply with equal force to
LGBTs, and they deserve to participate in the party-list system on the
same basis as other marginalized and under represented sectors.”
 Violence and Discrimination
 In March 2016, the Trans Murder Monitoring Project listed 41
reported cases of transgender people murdered in the country
since 2018 e.g. The case of Jennifer Laude;
 October 11, 2014, Jennifer Laude, a transgender woman who was brutally
killed by Lance Corporal Joseph Scott Pemberton, a US Marine.

December 1, 2015, the Regional Trial Court of Olongapo City ruled that Mr.
Pemberton was guilty of homicide and not the murder that sentencing for a
period of 10-12 years and later reduced to 10 years.
 The court argued that it was the discovery of Jennifer Laude having male
genitalia which disgusted and repulsed Pemberton and caused such heated
passion.
 Therefore, the court decided that he has no malicous intent to kill, reducing
the murder charge to homicide, and in September 2020 Mr. Pemberton was
subject to absolute pardon.
Photo Credits. Noel Celis/ AFP via
Getty Images
 Violence and Discrimination againts LGBTQ+
Youth in Education
 Anti-Bullying Act of 2013 (Republic Act 10627) includes gender-based bullying as a
prohibited and punishable.
 Gender-based Bullying is any act that humiliates or excludes a person on the basis of
perceived or actual orientation and gender identity (SOGI) Republic Act No. 10627
 Child Protection Policy
 Bullying is committed by a Principal, teacher or any other school personnel under the
Department of Education Order No. 40 on the child policy protection.
 Special Protection of Children againts Child Abuse, Exploitation,
and Discrimination Act of 1992 (Anti- Child Abuse Act of Republic
Act 7610)
 Parents of children who suffer abuse at the hands of teachers or
members of the school’s administration violates RA 7610 or the AntiChild Abuse Act.
 Such cases can cover instances of Physical, Psychological Injury, or
Cruelty on the basis of child’s SOGI.
 Violence and Discrimination
againts LGBTQ in the Workplace
 The Labor Code of the Philippines (PD 442)
 Labor Code is the national law covering employment
for the private sector in the Philippines.
 Declaration of Policy Article 3, that the “State shall
afford protection to labor, promote full employment ,
ensure equal work opportunities.”
 But, the reality shows a different picture
since
members of the LGBTQ+ encounter hardship in
accessing
work
opportunities
because
of
discrimination.
Photo credits. Amanda Den Hartog/tThe Ithacan
 CSC No. 01-0940- the Civil Service Commission’s Policy on AntiSexual Harassment
 These include prohibiting “ degoratory and degrading remarks or innuendoes”
directed toward the members of one’s sex, or one’s sexual orientation or use to
describe as person.
 Such cases an cover instances of Physical, Psychological Injury, or Cruelty on the
basis of child’s SOGI.
 On the other hand, gender identity is is not specifically mentioned as a ground, if a
LGBTQ+ civil servant is harassed verybally by co-workers, they would be able to rely
on the generic protection from “ derogatory and degrading remarks”.
 Local Policies: List of the Philippines Local
Governments with Anti-discrimination
Ordinances
At present, there is no specific national law to protect Lesbian, Gay,
Bisexual, Transgender, Queer and Intersex or LGBTQIA+ people
againts discrimination. On the other hand, a number of jurisdictions
were effectively enacted the ANTI-DISCRIMINATION ORDINANCES that
include Sexual Orientation and/or Gender Identity and Expression for
human rights protection.
 Cities, Provinces, Municipalities and
Barangay enacted the Antidiscrimination Ordinances
on the basis of SOGIE
As of October 2015, these include:
11.4% of Filipinos reside in
areas protected against
discrimination.
88.6% in which 82 million
Filipinos without protection
against discrimination.
 Cities, Provinces, Municipalities and Barangay enacted the Anti-discrimination
Ordinances on the basis of SOGIE Posted by. Eric Julian Manalastas.
As of May 2017, These include:
Angeles City, Pampanga, Antipolo City, Bacolod City, Baguio City, Batangas City, Butuan
City, Candon City, Ilocos Sur, Cebu City, Dagupan City, Davao City, General Santos City,
Mandaue City, Quezon City (in 2003 and in 2014), Puerto Princesa City, Vigan City,
Municipality of San Julian, Eastern Samar, Barangay Bagbag, Quezon City. Barangay
Greater Lagro, Quezon City, Barangay Pansol, Quezon City, Provinceof Agusan del Norte,
Province of Batangas, Province of Cavite, Province of Iloilo, Province of Dinagat Islands.
Ortega et, al, (nd)
 ORDINANCE No. 8695
Manila
 In October 2020, then-Manila mayor Isko Moreno
Domagoso signed the Manila LGBTQI Protection
Ordinance.
 In Ordinance No. 8695, discrimination is defined as “any
distinction, exclusion, restriction, or other differential
treatment that is directly or indirectly based on sexual
orientation, gender identity and expression which has
the intention or effect of nullifying or impairing the
recognition, enjoyment or exercise on an equal footing of
political, civil, economic, social, and cultural rights.”
 SOGIE ANTI-DISCRIMINATION
ORDINANCE
 Bataan, bailiwick of the first transgender
congresswoman Geraldine Roman, passed a
SOGIE anti-discrimination ordinance in
October 2021.
n
SOGIESC EQUALITY ORDINANCE - ORDINANCE 2660
 Cebu City
 The Cebu City council’s unanimous passage of the Sexual
Orientation, Gender Identity and Expression, and Sex
Characteristics (SOGIESC) Equality ordinance.
 Cebu City actually had an Anti-Discrimination Ordinance in 2012,
but advocates said it was not effective in upholding the sector’s
rights.
 Magdalena Robinson, founder of Cebu United Rainbow LGBT
Sector (CURLS), said that parts of the ADO were too generic and led
to loopholes in enforcement.
 The new Ordinance 2660 prohibits physical, verbal, or written
harassment, vexation, public humiliation, invasion of personal
autonomy, disallowing access to government services, economic
opportunities, healthcare, and other essential needs. Offenders can
face jail time of up to 30 days.
n SOGIE ORDINANCE
 Davao City
 In 2012, Davao City made illegal discrimination based on one’s
sex, sexual orientation, and gender identity.
 People in Davao City could no longer refuse, based on SOGIE,
someone’s employment application, a student’s admission, or
requests to avail themselves of goods or services.
Establishments, like restaurants, bars, stores, movie theaters,
malls, also cannot refuse entry to people based on their
SOGIE, religious affiliations, national or ethnic origins, or race.
 The ordinance prohibits acts which would “demean the dignity
and self-respect of a person” and steps on their basic
freedoms. Penalties range from a P1,000 fine to jail time of 15
days.
n Ordinance 543 or the Comprehensive
Anti-Discrimination Ordinance
 Zamboanga City
 In October 2020, then-Zamboanga City mayor Beng
Climaco approved Ordinance 543 or the Comprehensive
Anti-Discrimination Ordinance.
 The ordinance is meant to protect discrimination on the
basis of: SOGIE, Race, Color Civil and social status,
Language, Religion, National or social origin, Culture
and ethnicity, Property, Birth or age, Disability and
health status.
 SOGIE ORDINANCE, Zamboanga City Mayor Beng
Climaco signs Ordinance 543 or the Comprehensive
Anti-Discrimination Ordinance in October 2020.
n ANTI-DISCRIMINATION ORDINANCE
Iloilo City
 In 2018, Iloilo City passed its own anti-discrimination
ordinance, banning and penalizing acts of
discrimination based on sex, gender identity, sexual
orientation, race, color, descent, ethnic origin, and
religious beliefs.
 During Iloilo City’s Pride March on June 25, 2022,
advocates continued the call for better implementation
of the ordinance.
 Gabriel Felix Umadhay, lead convenor of the Iloilo
LGBTQIA+ Network and head of the city’s Office of
LGBT Affairs, said many government services
remained “limited to cisgender persons.”
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CHAPTER 4
ACTIVITY 4.3
GROUP ACTIVITY
References
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