Gender & Society November 8, 2021

LESSON 19: LAW AND POLICIES ON

VIOLENCE AND DISCRIMINATION OF
THE MEMBERS OF LGBTQ+
THE 1987 CONSTITUTION
(EQUAL PROTECTION
AND DUE PROCESS
CLAUSE)

THE 1987 PHILIPPINE CONSTITUTION STATES THAT:

"THE STATE VALUES THE DIGNITY OF EVERY HUMAN
PERSON AND GUARANTEES FULL RESPECT FOR HUMAN
RIGHTS." APART FROM THIS, THE 1987
CONSTITUTION ENSHRINES IN IT'S 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." (ARTICLE 3, SEC 1, 1987
PHILIPPINE CONSTITUTION)
 AS THE FUNDAMENTAL 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 THE PROTECTION OF THE RIGHTS OF MEMBERS OF
THE LGBTQ+.
THE 2010 SUPREME COURT DECISION IN THE "ANG LADLAD"
CASE (ANG LADLAD LGBTQ PARTY VS. CONSTITUTION. THE
COURT RULED IN FAVOR OF ALLOWING " ANG LADLAD" TO BE A
PARTY-LIST REASONING THAT: "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 LGBTQS, AND THEY DESERVE TO PARTICIPATE
IN THE PARTY-LIST SYSTEM ON THE SAME BASIS AS OTHER
MARGINALIZED AND UNDER-REPRESENTED SECTORS."
 VIOLENCE AND
DISCRIMINATION

 DESPITE WIDESPREAD ANECDOTAL EVIDENCE OF CRIMES

PERPETRATED AGAINST THE LGBTQ+ COMMUNITY IN THE
PHILIPPINES, MOST DATA ON THESE CASES HAVE NOT
UNDERGONE OFFICIAL VERIFICATION AND COLLATION.

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 AWAKENED MEMBERS OF THE

LGBTQ+ OF THE VIOLENCE AND DISCRIMINATION IMPENDING
AGAINST THEM. THIS AWARENESS AND THE OPINIONS CULLED
OUT MUST BE KNOWN TO ENABLE CRITICAL THINKING AND
SHARING OF THOUGHTS AND IDEAS.
 VIOLENCE AND
DISCRIMINATION
AGAINST LGBTQ+
YOUTH IN
EDUCATION

Violence and Discrimination against LGBTQ+ Youth in Education

A. ANTI-BULLYING ACT OF 2013 (REPUBLIC ACT 10627)

Anti-Bullying Act of 2013, (Republic Act 10637) includes gender-

based bullying as a prohibited and punishable act.

Gender-based bullying is defined as "any act that humiliates or

excludes a person on the basis of perceived or actual sexual

orientation and gender identity (SOGI) (Republic Act No.10627).

Violence and Discrimination against LGBTQ+ Youth in Education

B. CHILD PROTECTION POLICY 2012

In cases where the bullying is committed by a Principal, teacher or

any other school personnel, the law being violated is Department of

Education Order No. 40 on Child Protection Policy. This policy

includes the protection of students from any form of violence

regardless of their sexual orientation or gender identity.

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 REPUBLIC ACT 7610)

Parents of children who suffer abuse at the hands of teachers or

members of the school’s administration.

Such cases can cover instances of physical, psychological injury, or

cruelty on the basis of the child’s SOGI.

 VIOLENCE AND
DISCRIMINATION
AGAINST LGBTQ+
IN THE
WORKPLACE
Violence and Discrimination against LGBTQ+ in the workplace

A. THE LABOR CODE OF THE PHILIPPINES (PD 442)

The labor code is the national law covering employment for the private sector in the

Philippines. With the exceptions of prohibitions against discrimination of women, it does not

contain any provision that prohibits discrimination on the basis of gender identity, particularly

on the members of the LGBTQ+.

Nonetheless, while the law is quiet on gender identity and expression, it is clear in its

declaration of policy (Article 3) that the “State shall afford protection to labor, promote full

employment, ensure equal opportunities.”

The absence of national law that explicitly prohibits discrimination on the basis of gender

identity makes it easier for employers to hide behind fabricated reasons for not accepting,

firing, or depriving members of the LGBTQ+ employees and even applicants.

Violence and Discrimination against LGBTQ+ in the workplace
B. CSC NO.01-0940- THE CIVIL SERVICE COMMISSION’S POLICY ON
ANTI-SEXUAL HARASSMENT.

The civil service commission Administrative disciplinary rules on sexual harassment cases

includes other less grave, punishable offences. These include prohibiting “derogatory and

degrading remarks on innuendoes directed toward the members of one’s sex or one’s sexual

orientation or used to describe a person.”

This rule applies to all government entities that fall under the Civil Service jurisdiction.

The policy is important because it explicitly covers derogatory remarks regarding sex, sexual

orientation, or other remarks that are used as description of a person with the intention to insult.

In addition, this policy for government agencies does not require that the offender has moral

ascendancy over the victim.

The fact that the perpetrator and the victim are on the same level or position will not preclude

the victim from filing a case. While gender identity is not specifically mentioned as a ground, if

a LGBTQ+ civil servant is harassed verbally by co-workers, they would be able to rely on the

generic protection from “derogatory and degrading remarks”.