UTS

There are three major drugs commonly used to treat genital herpes symptoms: acyclovir (Zovirax),
famciclovir (Famvir), and valacyclovir (Valtrex). These are all taken in pill form. Severe cases may be
treated with the intravenous (IV) drug acyclovir

Many women think that they won't get pregnant until they've had at least one period. However, your
ovaries will release an egg before your period arrives. So you'll probably be fertile for at least a few
weeks before you notice any signs.

Some women actually use breastfeeding as a form of birth control. This is called the lactational
amenorrhoea method (LAM). LAM is most likely to help you avoid pregnancy if:

your baby is under six months and breastfeeds often, including at night

your baby doesn't eat or drink anything except your breastmilk

your baby doesn't use a dummy

your periods haven't started again

This is because breastfeeding reduces your levels of certain hormones (gonadotrophin-releasing

hormone and luteinising hormone), which are needed for ovulation and pregnancy.

KOREA

 The Criminal Code does not criminalize sodomy or same sex sexual conduct1

The legal system in Korea does not prevent marriage once a person has changed their legal gender. In
2006, the Supreme Court of Korea ruled that transsexuals have the right to alter their legal papers to
reflect their reassigned sex. South Korean legislation contains antidiscrimination provisions, but does not
provide specific protection for LGBT individuals. There is a Human Rights Commission in place to
investigate and remedy human rights issues, but it can only protect rights set out in the Constitution,
legislation, or in international treaties South Korea has entered into.1

However, the Military Criminal Act treats homosexuality as a crime. Any homosexual act in the military is
treated as sexual assault regardless of consent. 1

Constitution of the Republic of Korea (English revised

2010)Online:http://www.moleg.go.kr/english/korLawEng?
pstSeq=54794&rctPstCnt=3&searchCondition=AllButCsfCd&searchKeyword=constitution

 Article 11(1) states that there shall be no discrimination on account of sex, religion or social status.
 Article 36(1) provides that marriage shall be entered into on the basis of human dignity and equality of
the sexes. It makes no mention of same sex marriages.

 LGBTQ rights and protections are never explicitly mentioned in the Constitution, and the only section
that may extend some protection2.

Article 11

(1) All citizens shall be equal before the law and there shall be no discrimination in political, economic,
social, or cultural life on account of sex, religion, or social status.

Criminal Act (English revised 2012) Online:http://elaw.klri.re.kr/eng_service/lawView.do?

hseq=28627&lang=ENG

 The Criminal Code does not criminalize sodomy or same sex sexual conduct.

Civil Act (English revised 2009)

Online: http://www.moleg.go.kr/english/korLawEng?pstSeq=52674&rctPstCnt=3&
searchCondition=AllButCsfCd&searchKeyword=civil

 Chapter 3 of the Civil Act sets out South Korean Marriage law.

Same sex marriage is not legal under the act. Whilst the act does not specifically state that marriage is
between a man and a woman, all rights and duties in the act describe marriage as between a husband
and wife.

LGBT persons face discrimination in the context of adoption as they are effectively prohibited from
adopting children under the age of 15.

National Human Rights Commission Act (English revised 2012) Online:

http://www.humanrights.go.kr/english/information/legalMaterials02.jsp

 The act exists to give inviolable human rights to all individuals.

 The act will promote human rights guaranteed under the Korean Constitution and statute, as well as
those rights.2

PHILIPPINES

Important bills have been filed including the Sexual Orientation and Gender Identity and Expression
(SOGIE) Equality Bill and the Comprehensive Anti-Discrimination Bill (CADB). Both seek to define,
prohibit, and penalize situations and practices of discrimination on the basis of SOGIE as well as promote
and protect the rights of Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI). These bills are
anchored on several human rights instruments and international conventions that seek to address all
forms of discrimination and violence among marginalized sectors and to which the Philippines is a
signatory. These include the Universal Declaration on Human Rights, Convention on the Elimination of All
Forms of Discrimination Against Women, Convention on the Rights of the Child, International Covenant
on Civil and Political Rights, International Covenant on Economic, Social, and Cultural Rights3.

The President: Anti-Discrimination PolicyThe President of the Philippines is elected directly by its
populace in a first past the post31 election which means that the most popular, and therefore elected,
candidate may not have more than fifty percent of the votes cast. Since the 1987 Constitution, an
elected president has only been allowed to occupy the post for a lone term of 6 years. In the absence of
strong ideologically different political parties, the presidential system has been maintained despite
sporadic political and academic discourses calling for a shift to a parliamentary form of government. The
cap of 6 years is relevant in that it becomes more difficult to predict and sustain any course a previous
government has set in place, as the next administration may not be an ally, nor politically in sync with
the previous one. In some cases, this same pitfall could provide a source of hope for progress. The lack of
progress on LGBT policies in the previous administration32 allows for some optimism in the new one. At
the time of the writing of this material, President-elect former Mayor of Davao City33 Rodrigo “Digong”
Duterte who won with a relatively big margin over his competitors, was in his first 100 days in office.
Many express concern over some of the President’s statements and actions that seem to show his lack of
respect for the universality of human rights and his insensitivity to women and LGBT people.34 A few
times, he has used the term “bayot” derogatively, to describe opponents, critics, or personalities that he
considers to be weak. Conversely, his administration as Mayor of Davao City showcased passage of many
gender-sensitive and LGBTfriendly local laws.

National Laws and Policies for Human Rights ProtectionLaws and Policies The constitution provides
various guarantees that can have a great relevance for upholding the human rights of transgender
people. Its overarching mandate is articulated in many statutes and policies, reinforcing that these are
rights that are ideally capable of being claimed and utilized.

Equal Protection and Due Process Clause (Philippine Constitution)

The 1987 Philippine Constitution in its Article on State Policies indicates that “The State values the
dignity of every human person and guarantees full respect for human rights.” Apart from this, the
constitution 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.”48 As the supreme law of the land, the guarantees on equality, lawful processes,
and the paramount consideration on ensuring human dignity and respect for human rights in these
provisions serve as the basis for many of the activist endeavors in making government and its agencies
accountable to Filipino transgender and LGB people.3

Violence and Discrimination Against Transgender youth in education

a. Anti-Bullying Act of 2013 The Anti-Bullying Act of 2013 (Republic Act 10627) includes gender-based
bullying as a prohibited and punishable act. Gender-based bullying is defined by the implementing rules
and regulations as “any act that humiliates or excludes a person on the basis of perceived or actual
sexual orientation and gender identity (SOGI)3
Violence and Discrimination against transgender people in the work place

The Labor Code (PD 442) 1974The Labor Code is the national employment law for the private sector in
the Philippines. With the exception of prohibitions against discrimination of women, it does not contain
any provision that prohibits discrimination on the basis of gender identity. While the law is silent on
gender identity and expression, it is clear in its Declaration of Basic Policy (article 3) that the “State shall
afford protection to labor, promote full employment, ensure equal work opportunities.”74 The mandate
for equal opportunity in employment is clear. However, the reality shows a different picture since many
transgender people encounter hardship in accessing work opportunities because of discrimination75.
The lack of national law that explicitly prohibits discrimination on the basis of SOGI makes it easier for
employers to hide behind fabricated reasons for not accepting, firing, or depriving LGBT people of their
employment benefits. Often, policies on uniform, documents, and use of comfort rooms are used against
transgender applicants and employees, being within the so-called “management prerogative”.4

LGBT Applicants to government service The Civil Service exam is the test that someone who wants to
enter into government service must take and pass. A transgender woman attending one of the events of
Rainbow Rights in 2010 complained of preemployment discrimination in the taking of the Civil Service
exam. An examiner would not let her take the exam because there was a conflict between her
appearance and her identification document that bore masculine name. A Civil Service Commission
(CSC) officer attending the same event brought the matter to the attention of their head office. In the
same year, the Commission issued its Guidelines in the Processing, Verifying, and Handling of the
Applications for Civil Service Examinations of LGBT Applicants82. These guidelines require any applicant
who has changed his/her physical appearance or physical sex to conform with his/her gender identity or
orientation” to submit an authenticated copy of their birth certificate “to establish his/her sex identity.”4

UNDP, Commission on Human Rights of the Philippines (2018). Legal Gender Recognition in the
Philippines: A Legal and Policy Review.4

CANADA

All children and youth have the right to be free from discrimination because of sex, gender, sexual
orientation, gender identity and gender expression. This right is founded in Article 2 of the UN
Convention on the Rights of the Child, as well as in the Canadian Charter of Rights and Freedoms, the
Quebec Charter of Human Rights and Freedoms, and provincial and territorial human rights legislation.
Legislative protection against discrimination based on sexual orientation has been in place for some
time. As of 2017, gender identity or gender expression has been explicitly codified in all human rights
legislation at the provincial, territorial, and federal level.

The rights of children and youth with respect to sex, sexual orientation, gender identity and gender
expression (SOGIE) apply to Canadian children and youth in a wide range of areas including (but not
limited to) privacy, health care, sexual health education, identification documents, use of facilities, access
to services, education (including gay-straight alliances, choice of companions at school events, and SOGIE
inclusive curricula), employment, child protection, age of consent laws, youth justice and detention, and
parental recognition.
REFERENCES

Renu Mandhane,J.D,LL.M.(2015,January).Sexual Orientation and Gender Identity working Group.

Retrieved from https://www.google.com.ph/url?
sa=t&source=web&rct=j&url=https://ihrp.law.utoronto.ca/utfl_file/count/documents/WorkingGroup_Cli
nic/IHRP%2520SOGI%2520South%2520Korea%2520Report
%25202015.pdf&ved=2ahUKEwil0KKOruflAhULUd4KHaXYCfQQFjAAegQIBRAB&usg=AOvVaw2Y7Rv5W4B
5qUDalZBVK5Cu

UNDP, Commission on Human Rights of the Philippines (2018). Legal Gender Recognition in the
Philippines: A Legal and Policy Review.https://www.google.com.ph/url?
sa=t&source=web&rct=j&url=https://www.undp.org/content/dam/philippines/docs/Others/rbap-hhd-
2018-legal-gender-recognition-in-the-
philippines.pdf&ved=2ahUKEwii8NnO7enlAhVEyosBHZPuDBwQFjALegQIBRAB&usg=AOvVaw1WGR8WTp
jRggCWOXiqtnYZ

http://www.cba.org/Publications-Resources/Practice-Tools/Child-Rights-Toolkit/theChild/Sexual-
Orientation-Gender-Identity-and-Gender-Expr

THAILAND

The Constitution of the Kingdom of Thailand (2007)

During the initial drafting of the 2007 Constitution, a proposal to include specific mention of “persons of
sexual diversity”37 was rejected by the Constitutional Drafting Assembly (CDA). Instead, it was recorded
in an “intentions” document issued by the CDA. This stated that the Thai word ‘phet’ (sex) in Section 30
would be understood to mean the differences between men and women, and also “differences of
individuals whose gender identity, gender and sexual diversity are different from their physical sex.”38
This record of the constitutional “intentions” has been used as a key factor in legal interpretation,
although, it is not written directly in the Constitution.395

The NHRC and the human rights of transgender people

The NHRC has had a valuable role to play in promoting the human rights of transgender people in
Thailand. Through their mandate, they are in a unique position to disseminate information and promote
education and research on human rights and to proactively cooperate and coordinate with government
agencies, civil society organizations (CSOs) and other human rights organizations. For instance, the NHRC
has provided active support and advice to transgender individuals and organizations seeking redress for
human rights violations such as during military conscription.
Transgender people’s recognition under Thailand’s 3rd National Human Rights Plan 2014-2018

While not a legally binding document, the 3rd National Human Rights Plan 2014–2018 is a valuable
advocacy tool for transgender legal gender recognition in Thailand. This policy document is issued by the
Rights and Liberty Protection Department of the Ministry of Justice and outlines targets for meeting
Thailand’s international human rights obligations. It aims to encourage all sectors to learn about the
process of issuing human rights plans for their organizations.62 As part of this plan, 26 sub-plans were
created including a human rights plan on “persons with different sexual orientation/gender identities”.
The plan defines “gender identity” according to the definition in the Yogyakarta’s Principles.63 The plan
also provides a series of indicators to monitor the advancement of the human rights of transgender
people, showing how the plan could be used as an advocacy tool for promoting legal gender
recognition.64 The indicators include drafting new laws or revising current provisions to guarantee the
human rights of “people with sexual diversity”, and conducting a study on the current practices and
possibilities of providing appropriate name titles to transgender people. However, research undertaken
for this report did not find evidence of any agencies that have adopted or implemented their own
human rights plan for sexual diversity and gender identity groups.6

Thailand’s Gender Equality Act

6This Act is new and is the first law relevant to gender equality in Thailand. As a result, officials are still in
the process of developing information on its enforcement, as well as drafting subordinate regulations
under the Act. This process includes defining what unfair gender discrimination means as well as the
group/s of people this act is meant to protect, and the creation of guidelines for relevant committees
about enforcement of the Act.69 According to the MSDHS,70 the interpretation of the Act for a person
of “a different appearance from his/her own sex by birth” originated from obligations under the
ratification of the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW)
which not only protects women but also those persons whose gender expression does not match their
sex assigned at birth.71 This includes, for example, someone assigned a male sex at birth who lives as a
woman, or someone assigned as female at birth who lives6as a man. Therefore, the Act protects
transgender people from discrimination based on their gender identity. 6

IRELAND

General Scheme of the Gender Recognition Bill 2013

On 17 July 2013, the then Minister for Social Protection, Joan Burton T.D., published the General Scheme
of the Gender Recognition Bill 2013.

While the scheme was in keeping with the overall structure of the proposals put forward by the GRAG it
differed in a number of key aspects. Most notably, rather than a person having to present before a three
person panel, the scheme provided for an administrative approach involving a statutory self-declaration
by the applicant that they intend to live permanently in the new gender; and validation by their primary
treating physician that the person had transitioned or was transitioning to the acquired gender. In
addition, there would be no requirement for an applicant to have lived in their acquired gender for any
specific period. 7

The Gender Recognition Bill 2014 7

7 He or she would be able to obtain a new birth certificate that shows the preferred gender and new
names (if names are also changed) where their birth is registered on the register of births or on the
register of adopted .

The Gender Recognition Act 20157

The Act provided that an applicant for a gender recognition certificate must be unmarried. This was
necessary pending the outcome of legal challenges to the Marriage Equality Referendum and until such
time as there was no impediment to same sex marriage in Irish Law. Following the dismissal of the legal
challenges, an amendment to the Act was made by section 24 of the Marriage Act 2015 which removed
the requirement for an applicant to be unmarried.

PHILIPPINES

The President: Anti-Discrimination Policy

The President of the Philippines is elected directly by its populace in a first past the post31 election
which means that the most popular, and therefore elected, candidate may not have more than fifty
percent of the votes cast. Since the 1987 Constitution, an elected president has only been allowed to
occupy the post for a lone term of 6 years. In the absence of strong ideologically different political
parties, the presidential system has been maintained despite sporadic political and academic discourses
calling for a shift to a parliamentary form of government. The cap of 6 years is relevant in that it becomes
more difficult to predict and sustain any course a previous government has set in place, as the next
administration may not be an ally, nor politically in sync with the previous one. In some cases, this same
pitfall could provide a source of hope for progress. The lack of progress on LGBT policies in the previous
administration32 allows for some optimism in the new one. At the time of the writing of this material,
President-elect former Mayor of Davao City33 Rodrigo “Digong” Duterte who won with a relatively big
margin over his competitors, was in his first 100 days in office. Many express concern over some of the
President’s statements and actions that seem to show his lack of respect for the universality of human
rights and his insensitivity to women and LGBT people.34 A few times, he has used the term “bayot”
derogatively, to describe opponents, critics, or personalities that he considers to be weak. Conversely, his
administration as Mayor of Davao City showcased passage of many gender-sensitive and LGBTfriendly
local laws.

National Laws and Policies for Human Rights Protection

Laws and Policies

The constitution provides various guarantees that can have a great relevance for upholding the human
rights of transgender people. Its overarching mandate is articulated in many statutes and policies,
reinforcing that these are rights that are ideally capable of being claimed and utilized.

Equal Protection and Due Process Clause (Philippine Constitution)

The 1987 Philippine Constitution in its Article on State Policies indicates that “The State values the
dignity of every human person and guarantees full respect for human rights.” Apart from this, the
constitution 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.”48 As the supreme law of the land, the guarantees on equality, lawful processes,
and the paramount consideration on ensuring human dignity and respect for human rights in these
provisions serve as the basis for many of the activist endeavors in making government and its agencies
accountable to Filipino transgender and LGB people.8

Violence and Discrimination Against Transgender youth in education

a. Anti-Bullying Act of 2013

The Anti-Bullying Act of 2013 (Republic Act 10627) includes gender-based bullying as a prohibited and
punishable act. Gender-based bullying is defined by the implementing rules and regulations as “any act
that humiliates or excludes a person on the basis of perceived or actual sexual orientation and gender
identity (SOGI)8

Violence and Discrimination against transgender people in the work place

The Labor Code (PD 442) 1974

The Labor Code is the national employment law for the private sector in the Philippines. With the
exception of prohibitions against discrimination of women, it does not contain any provision that
prohibits discrimination on the basis of gender identity. While the law is silent on gender identity and
expression, it is clear in its Declaration of Basic Policy (article 3) that the “State shall afford protection to
labor, promote full employment, ensure equal work opportunities.”74 The mandate for equal
opportunity in employment is clear. However, the reality shows a different picture since many
transgender people encounter hardship in accessing work opportunities because of discrimination75.
The lack of national law that explicitly prohibits discrimination on the basis of SOGI makes it easier for
employers to hide behind fabricated reasons for not accepting, firing, or depriving LGBT people of their
employment benefits. Often, policies on uniform, documents, and use of comfort rooms are used against
transgender applicants and employees, being within the so-called “management prerogative”.8

LGBT Applicants to government service

The Civil Service exam is the test that someone who wants to enter into government service must take
and pass. A transgender woman attending one of the events of Rainbow Rights in 2010 complained of
preemployment discrimination in the taking of the Civil Service exam. An examiner would not let her
take the exam because there was a conflict between her appearance and her identification document
that bore masculine name. A Civil Service Commission (CSC) officer attending the same event brought
the matter to the attention of their head office. In the same year, the Commission issued its Guidelines in
the Processing, Verifying, and Handling of the Applications for Civil Service Examinations of LGBT
Applicants82. These guidelines require any applicant who has changed his/her physical appearance or
physical sex to conform with his/her gender identity or orientation” to submit an authenticated copy of
their birth certificate “to establish his/her sex identity.”9

REFERENCES

UNDP, MSDHS.(2018,May).Legal Gender Recognition in Thailand: A Legal and Policy Review.Retrieved

from https://www.google.com.ph/url?
sa=t&source=web&rct=j&url=https://www.undp.org/content/dam/thailand/docs/legal-gender-
recognition-in-thailand-2018.pdf&ved=2ahUKEwji9Ln33OnlAhUk-
2EKHWQjBC8QFjABegQIBBAB&usg=AOvVaw0Jh1tO23vVOEayTV41FUFK

UNDP, Commission on Human Rights of the Philippines (2018). Legal Gender Recognition in the
Philippines: A Legal and Policy Review.https://www.google.com.ph/url?
sa=t&source=web&rct=j&url=https://www.undp.org/content/dam/philippines/docs/Others/rbap-hhd-
2018-legal-gender-recognition-in-the-
philippines.pdf&ved=2ahUKEwii8NnO7enlAhVEyosBHZPuDBwQFjALegQIBRAB&usg=AOvVaw1WGR8WTp
jRggCWOXiqtnYZ

https://www.google.com.ph/url?
sa=t&source=web&rct=j&url=http://www.welfare.ie/en/downloads/GRA%2520Review
%2520Report.pdf&ved=2ahUKEwjPqvTp5unlAhW1w4sBHSmhA10QFjANegQIBBAB&usg=AOvVaw2GVbh
GT8ydqXiIPv--VKYR