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  • Position Paper On The Anti Discrimination On The Basis of Sexual Orientation and Gender Identity or Expression Bill PDF

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    Joseph Baysa
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    Position-Paper-on-the-Anti-Discrimination-on-the-Basis-of-Sexual-Orientation-and-Gender-Identity-or-Expression-Bill.pdf

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    14 views4 pages

    Position Paper On The Anti Discrimination On The Basis of Sexual Orientation and Gender Identity or Expression Bill PDF

    Uploaded by

    Joseph Baysa

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
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    / cOMMIAS HUMAN RIGHTS, aa OFFICE Or ing UTIVE DIRECTOR RECFIVES bare jolaiilie a (PY MND (es Position Paper on the Anti-Discrimination on the Basis of Sexual Orientation and Gender Identity or Expression Bill Senate Bill No. 1271 The Commission on Human Rights “Commission” for brevity), pursuant to its constitutional mandate to recommend to Congress effective measures to promote and protect human rights, and as Gender and Development Ombud (Gender Ombud) under the Magna Carta of Women, submits its position paper on Senate Bill No. 1271 entitled, “Anti-Diserimination on the Basis of Sexual Orientation, Gender Identity and Expression,” authored by Sen. Risa Hontiveros. The bill, which is pending before the Senate seeks to prohibit discrimination on the basis of sexual orientation and gender identity or expression (SOGIE). The Philippines is considered as one of the most “gay-friendly” countries in the Asia Pacific region, according to the 2013 Pew Research Center survey. ‘The survey showed that 73% of adult Filipinos, agreed that homosexuality should be accepted. Another survey conducted by Social Weather Stations in 20132 showed that 85% of Filipinos support the Lesbian, Gay, Bisexual, Transgender, Queer (LGBTQ+) community against discrimination, and 54% agree that gays and lesbians have contributed a lot to progress in Philippine society. Despite this, the LGBIQ+ community have long suffered and continue to experience discrimination, including hate speech, violence, unequal treatment, and even killings. Discrimination in the workplace and educational institution includes cases of not being hired or promoted, and students being refused admission because of their sexual orientation. The anti-discrimination bill on the basis of sexual orientation has languished in Congress since 1999.8 Local ordinances prohibiting discrimination based on SOGIE have been passed in local governments, such as ‘ynezon City, Cebu, Davao, and Dinagat Islands, among others.4 These local ordinances significantly contributed to the growing acceptance of LGBTQ+ community in our society. Unfortunately, this is not enough to protect the individual rights of people with diverse SOGIE. People belonging to the LGBTQ+ community have been prejudiced and stigmatized for the reason that they do not conform to society's norms where men should be masculine and women should be feminine. Discrimination in any form demeans the dignity and human rights of a person as it limits an individual’s freedom and self-realization. The Commission emphasizes that this proposed measure seeks to address the crucial issues of differential treatment of an employee or anyone engaged to render services, denial of admission or expulsion from educational institution, and other forms * the Global Divide on Homosexuality, Pew Research Center Jun 4, 2013, http://www pewelobal.org/2013/06/04/the-global-divide-on-homosexuality/ 2 SWS Special Report: 85% says gays and lesbians should be protected against discrimination, Social Weather Stations Feb 06, 2015 10:43:58 AM, https://\vww sws.org. ph/swsmain/arteldisppage/7artesyscode=ART- 2015121410358 3 An Act Prohibiting Discrimination on the Basis of Sexual Orientation, 11° Congress of the Philippines. Authored by y fon Etta Rosales and Sen. Miriam Santiago ttps'//www.rappler.com/move ph/issues/gender-issues/100632-ph-anti-discrimination-law-history of discrimination on the basis of SOGIE, Further, it does not negate religious freedom, which is also a fundamental human right, nor does it create a special right for the LGBTQ# community. The rights to equality and freedom from discrimination based on sex or other status are enshrined in the Universal Decliration of Human Rights (UDHR),s the International Covenant on Civil and Political Rights (ICCPR),° and the International Covenant on Economic, Social, and Cultural Rights.” The 1987 Philippine Constitution Provides that the State values the dignity of every human person and guarantees full respect for human tights. The Philippines with a State policy to adopt generally accepted Principles of international law as part of the law of the land and as State Party to the ICCPR and ICESCR, has the obligation to uphold the fundamental rights of equality and hon-diserimination by adopting positive measures in all areas to enable every person to enjoy these rights. The proposed measure is an example of a positive action of the State to advance equality and non-

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