April 20 to 21, 2016

University Hotel, Quezon City, Philippines

Organized in partnership with

Civil Society Coalition on the Convention on the Rights of the Child (CSC-CRC)

EXECUTIVE SUMMARY

Globally, there are on-going efforts towards the protection and promotion of
the rights of the children of diverse sexual orientation, gender identity and
gender expression (SOGIE). The 2006 World Report on Violence Against Children
noted that “harmful cultural stereotypes that demean children because of their
sex or their known or suspected sexuality create environments in which children
can be abused with impunity, including by adults in positions of trust and
authority.” The said report further added that around 80 countries have laws
that subject their citizens to criminal penalties linked to homosexuality and
transgenderism. These laws heighten the risk of children to be exposed to
stigma, bullying and violence.

Policy statements by global leaders towards recognizing the rights of LGBT

people have been issued. In his July 2013 statement, UN Secretary General Ban
Ki-moon declared: “Let me say this loud and clear: lesbian, gay, bi-sexual and
transgender people are all entitled to the same rights as everyone else. They too
are born free and equal and I stand shoulder-to-shoulder with them in their
struggle for human rights”.

International human rights framework increasingly is being interpreted to be

relevant to the rights of LGBT people. The UN Convention on the Rights of the
Child is being considered as a primary instrument to protect and promote the
rights of LGBT children. Article 2 of the UN Convention on the Rights of the Child
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(CRC) says “States Parties shall respect and ensure the rights set forth in the
present Convention to each child within their jurisdiction without discrimination
of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s
race, colour, sex, language, religion, political or other opinion, national, ethnic
or social origin, property, disability, birth or other status.” While the said provision
and other provision in the UN CRC made no mention of SOGIE or LGBT rights, the
subsequent general comments of the UN CRC Committee expounded its
interpretation.

General Comment No. 15 of the CRC Committee identifies sexual orientation

and gender identity as a ground for discrimination. Consequently, states parties
to the CRC should report on discrimination on the basis of sexual orientation and
gender identity, including discrimination and bullying in schools and educational
establishments. Second, in reporting on efforts to realize the right to health,
signatories may wish to consider relevant LGBT health education and service
issues.

Bata at Bahaghari is a response to the growing global concern against

discrimination and violence children face due to their actual or perceived
SOGIE. The event is a two-day workshop involving self-identified LGBT children in
Metro Manila to provide them a safe space to articulate their issues and
concerns. The event was organized with a realization that there have been
limited efforts to reach out to younger LGBT persons.

The activity sought to step up the discussion about the human rights issues faced
by children due to their SOGIE. It seeks to provide a space for children to
articulate their issues and develop proposals on how human rights organizations
and relevant institutions can act on the matter. Moreover, the project seeks to
generate narratives and evidence of human rights violations LGBT children face.

The workshop entailed several participatory activities including discussions to

level of on the concepts of SOGE, and on the link between the CRC and SOGIE.
There were group discussions where children can share with each other their
experiences of human rights issues and concerns in different spheres such as the
family, school and community. There were group presentations through drama
to present children’s views and recommendations.

The results of group discussions identified the top three spaces where SOGIE-
based violence and discrimination manifest. These are schools, home and
community.

Despite the existence of child protection policies, children pointed out that the
schools remain to be unsafe spaces for them. Sixteen (16) out of twenty-three

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(23) participants shared experiences of verbal and physical bullying inside the
classroom.

One child participant reported an incident of extortion. He narrated, “When I

was in Grade 7, I was bullied. I was on my way to home from school and
someone put an arm over my shoulder and asked for a peso. It did not end
there. The next day, a kid pushed me and asked money from me and I said I
didn't have any money! He threatened me with a sharp object if I didn't give
him money. I was relieved there were a lot of people who saw us and he
couldn't hurt me in front of them. I told my parents about it but I haven't
forgotten about it.”

Several participants have also reported violence and discrimination in the

home. Ten participants shared experiences of verbal abuse by family members.
Children shared the words uttered towards them that stigmatize their identity:
“Wag kang umasak ng bakla!” (“Don’t act gay!”); “Wala naman sa lahi natin
ang lesbian.” (“Being a lesbian does not run in our family.”).

A participant pointed out that one’s identity even became a factor in conflicts
within the family. One child participant, “Mom and dad fight because of me.
They raised me normal but I didn't turn out normal. I am what I am. I hope they
can accept that and stop the fighting.”

Children also shared experiences of violence and discrimination within their

communities. Several children shared they were held up as subjects of ridicule.
“Ipako sa krus” (“crucify to death”), “salot sa lipunan” (“disgrace to society”);
"walang lugar sa mundo ang mga bakla" (“gay people have no place in this
world”); “wala ang bakla sa bible…anak kayo ng demonyo” (“gay people
cannot be found in the bible…you are devil’s children”) were some of the
invectives thrown at them.

As a response to experiences of discrimination and violence, children have

turned to several measures. Those who experiences pressures with the family
responded through self-blaming, running away and contemplating on suicide.
One transgender child reported that he had a disagreement with grandmother,
who did not approve of his gender identity as transgender. His grandmother
resorted to verbally abusing him. He left the house for two weeks and his family
had to search for him.

Some children felt the urgency to report the issue to relevant authorities.
However, some felt that they will not be taken seriously. Meanwhile, several
children faced constraints in reporting the situation due to fear of retaliation and
shame. One child who faced abuse from his father said, “I can’t do anything,
my mom can’t do anything. If I fight back, he will just hate me more”.

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Children have also shared recommendations how their experiences of
discrimination and violence be addressed. These include the following: put in
place laws and policies to protect LGBT children from discrimination and
violence; raise awareness and educate parents, teachers, school officials and
barangay officials on child rights and SOGIE; proactive monitoring of incidents
of abuse; local child protection committees should me mandated to also work
on SOGIE-based discrimination and violence; and social institutions such as faith-
based groups should be more welcoming towards LGBT people.

Children participants wished that follow-up initiatives will be undertaken after

the workshop. Some expressed a realization that they can use what they
learned in this workshop to educate their families and peers on their identity.

The workshop ended with a positive note as child-focused organizations made

commitments in making their programs more inclusive of LGBT children. Among
the commitments gathered were inclusion of SOGIE within their child protection
policies, inclusion of SOGIE within plans of action to address violence against
children, include issues of LGBT children in future child rights reports, mobilize
partner to provide support for specific concerns of LGBT children, and
incorporate SOGIE within child rights awareness-raising initiatives.

For further information, please contact:

Ryan V. Silverio
Regional Coordinator
ASEAN SOGIE Caucus
Email: rsilverio@aseansogiecaucus.org
www.aseansogiecaucus.org