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Chap 19

The document discusses laws and policies in the Philippines related to violence and discrimination against LGBTQ+ individuals. It outlines that the 1987 Constitution guarantees equal protection and due process. Several court cases helped establish protections, such as recognizing LGBTQ+ rights to participate in politics. However, violence and discrimination still exist in education and workplaces due to lack of explicit national laws. While some policies aim to prevent issues like bullying or harassment, a comprehensive anti-discrimination law is still needed to better protect LGBTQ+ rights in the Philippines.

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June del Mundo
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85 views16 pages

Chap 19

The document discusses laws and policies in the Philippines related to violence and discrimination against LGBTQ+ individuals. It outlines that the 1987 Constitution guarantees equal protection and due process. Several court cases helped establish protections, such as recognizing LGBTQ+ rights to participate in politics. However, violence and discrimination still exist in education and workplaces due to lack of explicit national laws. While some policies aim to prevent issues like bullying or harassment, a comprehensive anti-discrimination law is still needed to better protect LGBTQ+ rights in the Philippines.

Uploaded by

June del Mundo
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Laws and Policies on

Violence and
Discrimination on the
members of LGBTQ+
LESSON 19
Lesson Objectives
• Determine the various Philippine Laws
and policies for protection of rights of
members of LGBTQ+;
• Identify the different Anti-Discriminatory
laws and policies;
• Know the acts leading to violations of
these laws and policies
Definition of Terms
• Equal Protection- requires that all persons or things similarly situated
should be treated alike, both as to the rights conferred and
responsibilities imposed.
• Due Process- principle that the Government must respect all of a
person's legal rights as this ensures that all laws and legal proceedings
must be fair and equal for all.
(Equal Protection and
The 1987 Constitution
Due Process Clause)
"The State values the dignity of
every human person and
guarantees full respect for human
rights"

"No person shall be deprived of life,


liberty, or property without the due
process of law, nor shall any person
be denied the equal protection of
the laws"
(Article 3, Sec 1, 1987 Constitution)
"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 system on the same basis as other political parties
similarly situated. Hence, laws of general application should apply
with equal force to LGBT's, 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 2008.
• The case of Jennifer Laude
Violence and
Discrimination in
Violence and
Education
Discrimination in
the Workplace
Violence and Discrimination against LGBTQ+ Youth in
Education

• Gender-based bullying is any act


that humiliates or excludes a
person on the basis of perceived
or actual sexual orientation and
gender identity

A. Anti-Bullying Act of 2013 (RA


10627) which includes gender-based
bullying as a prohibited and
punishable act.
Violence and Discrimination against LGBTQ+ Youth in
Education

B. Child Protection Policy 2012 –


Department of Education Order No.
40 on Child Policy includes the
protection of students from any form
of violence regardless of their sexual
orientation or gender identity. This is
the violated law in cases where
bullying is committed by a Principal,
teacher or any school personnel.
Violence and Discrimination against LGBTQ+ Youth in
Education

C. Special Protection of Children


Against Child Abuse, Exploitation,
And Discrimination Act of 1992
(Anti-Child Abuse Act or RA 7610) -
parents of children who suffer abuses
in the hands of teachers or school
administrators in any forms based on
the child’s SOGI violates this act.
Violence and Discrimination against LGBTQ+ in the
Workplace

a. The Labor Code of the Philippines (PD


442)
(Article 3 “State shall afford protection to
labor, promote full employment, ensure
equal work opportunities.”)

- the national law covering employment


for the private sectors in the Philippines.
However, it does not contain any
provisions that prohibits discrimination
on the basis of gender identity
particularly on the members of LGBTQ+.
Violence and Discrimination against LGBTQ+ in the
Workplace

a. The Labor Code of the Philippines (PD


442)
(Article 3 “State shall afford protection to
labor, promote full employment, ensure
equal work opportunities.”)

- In reality, the members of the LGBTQ+


encounter hardship in accessing work
opportunities because of discrimination
and the absence of a national law that
explicitly prohibits discrimination on the
basis of gender identity
Violence and Discrimination against LGBTQ+ in the
Workplace

b. CSC No. 01-0940-the Civil Service


Commission’s Policy on Anti-Sexual
Harassment

- These includes “derogatory and


degrading remarks or innuendoes
directed toward the members of one’s
sex, or one’s sexual orientation or
used to describe a person”
- However, since gender identity is not
specifically mentioned as a ground, if
LGBTQ+ civil servant is verbally
harassed, they would be able to rely
on generic protection of the act.
• Court cases that have implications to members of the LGBTQ+ community
regarding sex, sexual orientation and gender identity:
• 2007 case of Silverio v Republic of the Philippines, where the Supreme
Court ruled against the petitioner’s wish to change her first name and
gender marker on her birth certificate and the court elaborated that sex does
not contemplate inclusion of persons who have undergone sex
reassignment surgery.
• 2008 case of Republic of the Philippines v Jennifer Cagandahan, where the
court ruled in favor of a name change to Jeff Cagandahan on the grounds
that he has an intersex variation.
Summary The Philippines have various Anti-
Discriminatory Policies for members of
the LGBTQ+. However, these policies are
not yet sufficient and a national law on
anti-discrimination is still wanted. Cases
involving topics and issues of LGBTQ+
indicates that this matter is of high
importance that the Philippines must
address.
Thank you!

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