Human Rights Violations onthe Basis of Sexual

Orientation, Gender Identity, and

Homosexualityin the Philippines

LGBT

• LGBT stands for lesbian, gay, bisexual and transgender and along with heterosexual they describe people's sexual orientation or gender identity.

• LGBT in the Philippine context: Distinctive cultureLimited legal rightsWidespread discrimination

Ex. Ladlad Political Party

Discrimination on the Basis of Sexual Orientation and Gender Identity

• Local government units from different cities all over the Philippines have been proactive in passing and filing city ordinances banning LGBT discrimination.

• In the House of Representatives, Representative Raymond Palatino of the Kabataan Party list filed House Resolution No.1333

Discrimination on the Basis of Sexual Orientation and Gender Identity

• In May of 2012, the Department of Education issued DepEd Order No. 40 or, “The DepEd Child Protection Policy”

• Overwhelming amount of hate crimes and murder; pending anti-discrimination bill

Marginalization and Exclusion of SOGI* Issues by the State

• PNOY specifically excluded LGBT individuals from equal protection in a reproductive health law in 2011.

• The State has also been responsible for inciting homophobia.

*Sexual Orientation and Gender IdentitySources: http://www.lgbt.ie/information.aspx?contentid=84http://www2.ohchr.org/english/bodies/hrc/docs/ngos/IGLHRC_Philippines_HRC106.pdf

LGBT Discrimination by the Catholic Church

• Catholic Bishops Conference of the Philippines (CBCP) and Episcopal Commission on Family and Life (ECFL): removal of “sex, gender, sexual orientation and gender identity” in the comprehensive anti-discrimination ordinances

• Why?The passage of an anti-discrimination legislation will

open the door for same-sex marriages.

Discrimination against LGBTPeople in the Military

• Armed Forces of the Philippines (AFP): “individuals who display and manifest overt acts of their homosexual orientations and the propensity to indulge in homosexual acts shall be excluded in the profession of arms.”

• Philippines National Police (PNP): “if they sway their hips while marching, or if they engage in lustful conduct.”

• Philippine Military Academy (PMA): they will not prevent lesbians, gays and bisexual persons from entering their institutions provided these LGB people will not engage in any indecent behavior or show latent or overt homosexuality while strictly adhering to rules and regulations.

Discrimination Against of LGBT Individuals Participation in Elections

• On November 11, 2009, the Commission on Election (COMELEC) dismissed the petition of LADLAD LGBT Partylist to run in the May 2010 national elections claiming that LADLAD promotes “immorality” and “a threat to the moral and spiritual degradation of the youth.”

• On April 10, 2010 the Supreme Court of the Philippines approved LADLAD’s petition to participate as a legitimate party-list while citing that the COMELEC failed to justify “what societal ills are sought to be prevented, or why special protection is required for the youth.

Anti-Discrimination Bill

• The Philippine National Police should be held accountable for maintaining the rights of LGBT mentioned in Art 3 Sec 2 of the Constitution:

“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.”

• and Art 3 Sec 14.1 and Sec 14.2 of the Constitution:“No person shall be held to answer for a criminal offense without

due process of law. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused : Provided, that he has been duly notified and his failure to appear is unjustifiable.”

1. Right to security of the person (Article 3. Universal Declaration of Human Rights, Article 20. ICCPR, Principle 5. Yogyakarta Principles)

2. Right to equality and non-discrimination (Article 26 ICCPR, Article 7 ICESCR, Principle 2 Yogyakarta Principles)

3. Right to the Highest Attainable Standard of Health and Protection from Medical Abuses (Article 12. ICESC, Principles 17 & 18. Yogyakarta Principles)

4. Rights to Recognition before the Law (Article 16. and 17. ICCPR, Principl

5. Rights to family (Article 23 and 24. ICCPR, Principle 24.The Yogyakarta Principles) e 3. Yogyakarta Principles)

Promotion and protection of LGBT rights on the ground – implementation of the international human rights obligations

ACCOUNTABILITY ISSUES:• Government must be held responsible for the stringent

observant of the Constitution, particularly the article that stresses equal protection of rights. Hate crimes are treated ordinarily; putting blame on either the sexual preference of the person involved in the crime or the LGBT himself, that is involved in the crime, inflicting violence on himself

• Government shall address the needs of the transgenders that was compromised with the access of basic social needs because the legal system does not allow change in identity in transgenders