ch 4.4

• International Human Rights Law – establishes legal obligations on States to ensure protection to the rights of the LGBTQIA+ people experienced violence and discrimination on the basis of sexual orientation, gender identity around the world
• United Nations (UN)

  • An alliance of states with currently 193 countries from all regions of the world with global functions.
  • The Philippines is one of the original 51 Charter Members that created the United Nations in 1945.
  • A global organization whose functions are to secure peace and protect 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 
• 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 fulfill human rights
• INTERNATIONAL HUMAN RIGHTS LAW

  • 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 fulfill means that States must take positive action to facilitate the enjoyment of basic human rights. 
• WHAT IS HUMAN RIGHTS?

  • developed and articulated by UDHR in 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.” 
• YOGYAKARTA PRINCIPLES

  • Meeting held at Gadjah Mada University in Yogyakarta, Indonesia, November 6-9 2006, participated by 29 distinguished experts from 25 countries.
  • A set of principles on the application of international human rights law in relation to sexual orientation and gender identity. 
• 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
  • 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.
• Why is Yogyakarta principle 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 yogyakarta 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 yogyakarta pinciple 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.
• Salient features of Yogyakarta principle:

  • law out obligations
  • provide recommendations to non state actors
  • don't create new rights
  • address human right issues
• 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.
• Current Overview of the Protection of the Rights of LGBT People in the Philippines:

  • Education
  • Health
  • Employment
  • Family Affairs
  • Religion
  • Media
  • Politics
• Education:

  •  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. 
• Health:

  • 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
• Employment:

  • Discrimination was 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. 
• Family Affairs:

  • 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.
• Religion:

  •  The LGBT people in the Philippines was discussed, noting the strong influence of the Roman Catholic Church, which can contribute to discrimination.
• Media:

  • 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
  •  Sensationalizes coverage of LGBT-related events.
• Politics:

  • 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
• • The 1985 Philippine Constitutions states that: “The State values the dignity of every human person and guarantees 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 underrepresented sectors.”
• Trans Murder Monitoring Project listed 41 reported cases of transgender people murdered in the country since 2018

  March 2016
• Jennifer Laude


  A transgender woman who was brutally killed by Lance Corporal Joseph Scott Pemberton, a US Marine
• Jennifer Laude was killed


  October 11, 2014
• The Regional Trial Court of Olongapo City ruled that Mr. Pemberton was guilty of homicide and not the murder that was sentenced for a period of 10-12 years and later reduced to 10 years


  December 1, 2015
• The court argued that it was the discovery of Jennifer Laude having male genitalia which disgusted and repulsed Pemberton and caused such heated passion
• The court decided that Pemberton has no malicious intent to kill, reducing the murder charge to homicide
• Mr. Pemberton was subject to absolute pardon


  September 2020
• Violence and Discrimination against LGBTQ+ Youth in Education

  • Anti-Bullying Act of 2013 (Republic Act 10627) includes gender-based bullying as 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 against 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 violate 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 against 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.
• • CSC No. 01-0940the Civil Service Commission’s Policy on AntiSexual Harassment  
  • These include prohibiting “ derogatory and degrading remarks or innuendoes” directed toward the members of one’s sex, or one’s sexual orientation or use to describe a person. 
  •  Such cases cover instances of Physical, Psychological Injury, or Cruelty on the basis of child’s SOGI.  
  • On the other hand, gender identity is not specifically mentioned as a ground, if a LGBTQ+ civil servant is harassed verbally 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 against 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. 
• ORDINANCE No. 8695

  -Manila

  • In October 2020, then-Manila mayor Isko Moreno Domagoso signed the Manila LGBT 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.”