Course Code and Title: GE109 – GENDER AND SOCIETY

Lesson Number: Lesson 14 Week 14

TOPIC: DISCRIMINATION ON THE BASIS OF (SOGIE) IN THE
PHILIPPINES

DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION,

GENDER IDENTITY AND EXPRESSION (SOGIE)
IN THE PHILIPPINES

INTRODUCTION:

Being young and not conforming to the gender roles assigned to one’s sex
increases the risk of discrimination and abuse for LGBT persons. Discrimination of
people based on SOGIE is widespread in the Philippines. International and local policies
are in place to address this prevailing issue, yet some institutions still spread this ill
issue.
 Upon closer inspection, the additional conditions required from gay, lesbians, and
bisexual applicants and cadets demonstrate lingering prejudices and negative
stereotypes toward LGBT person.

LEARNING OBJECTIVES:

At the end of the lesson, you should be able to:

● understand the issues on human rights violations and discrimination

on the basis of SOGIE;

● understand the impact of human rights violations and discrimination to

the Filipino Society; and
● formulate activities and programs to address these human rights
violations and discrimination on the basis of SOGIE.

LESSON PRESENTATION:

The Universal Policy

Article 2(I), 3, and 26 of the Convention provide for the respect, equality, and
non-discrimination of all individuals on the grounds of, inter alia, race, color, and sex.

In the landmark decision of Toonen vs. Australia in 1994, it is found not only that
the reference to “sex” in Articles 2(I) and 26 must be taken to include sexual
orientation, but also that laws which criminalize consensual homosexual acts expressly
violate the privacy protections of the law.

National and Local Policies

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

Presently, the Anti-Discrimination Bill is still pending before the Congress. This
bill is expected to be signed into law before the end of the Duterte Administration. Prior
to these bills, several LGUs have enacted ordinances and resolutions to address these
issues.

In Quezon City, anti-discrimination in employment was enacted in 2004 and

LGBT-friendly provisions are supplemented in the Quezon City Gender and Development
Ordinance. Albay Province and Bacolod City passed an anti-discrimination ordinance.
Angeles City not only passed anti-discrimination legislation, but created a Gay Rights
Desk as well.

In the House of Representatives, Representative Raymond Palatino of the

Kabataan Party-list files House Resolution No. 1333, which seeks to investigate
prejudicial, discriminatory, and unjust practices and policies against LGBT students
implemented and tolerated in schools, partnering with the DepEd and other government
agencies to explore the inclusion of a Comprehensive Gender Curriculum on basic and
secondary education and in vocational and technical school to incorporate discussion on
issues of LGBT persons.

In May of 2012, the DepEd issued DepEd Order No. 40 or, “The DepEd Child
Protection Policy” to guarantee the protection of children in schools from any form of
violence, abuse, or exploitation regardless of sexual orientation and gender identity.

EFFECT OF STATE DISCRIMINATION IN SOCIETY

The State’s treatment of LGBT individuals intensifies discrimination on the basis

of SOGIE within Philippines society and social institutions.

Being young and not conforming to the gender roles assigned to one’s sex
increases the risk of discrimination and abuse for LGBT persons. This victimization is
aggravated by the absence of support mechanism and school policies addressing this
concern, as well as the failure of schools to safeguard students from being abused by
other students, staff, administrators, and teachers. The discrimination the LGBT
students face in schools not only violates the right to be free from discrimination but
prevents these individuals from the enjoyment of numerous other rights in the
Covenant as well.

Homophobia, the stigma. and prejudice toward LGBT persons, are very present
within Filipino society, creating a dangerous climate of hostility toward LGBT people.

LGBT youth are often targeted by parents who, upon discovering their child’s
sexual orientation and/or gender identity, feel compelled to inflict physical harm on
them out of frustration or in an attempt to prevent their child from expressing their
sexuality.

DISCRIMINATION BY THE CATHOLIC CHURCH

The Catholic Bishops Conference of the Philippines (CBCP) and Episcopal

Commission on Family and Life (EFCL) has been fervently demanding Congress for the
removal of “sex, gender, sexual orientation, and gender identity” in the comprehensive
anti-discrimination ordinances filed in the Senate and in the House of Representatives,
claiming that its inclusion will only “create problems regarding ethics, marriage, the
family and religious freedom” and reasons that “the difference in sex or gender does
not belong to the same level as the difference in race, color, religion, or ethnicity”.

Antagonists of the anti-discrimination bill claim that the passage of an anti-

discrimination legislation will open the door for same-sex marriage. A provision allowing

for same-sex marriage was not present in the anti-discrimination bill at the time of its
introduction first filing and has never been added.

PARTICIPATION OF THE MEMBERS OF LGBTQ+ IN PUBLIC LIFE

Article 25 of the Convention provides for the right of each citizen to participate in
public affairs, to vote, and to have equal access to public service in the country. These
rights are provided free of unreasonable restriction and free from distinction made on
the basis of sex, which as mentioned above, includes sexual orientation.
DISCRIMINATION IN THE MILITARY

Through their media announcements. It seems on the surface that the Philippine

military and the police are adhering to the non-discrimination clause of the Philippine
Constitution (Art 2) and the International Covenant on Civil and Political Rights (ICCPR)
by its declaration of openness to admit gays, lesbians, and bisexual persons in the
military and police service.

Upon closer inspection, the additional conditions required from gay, lesbians, and
bisexual applicants and cadets demonstrate lingering prejudices and negative
stereotypes toward LGBT person. Also, the military’s apparent strict adherence
exclusively towards heterosexist gender binary (masculine and feminine) roles
discriminate against those that fall short to this standard and are considered as the
benchmark of what constitutes being decent, proper and respectful.

The generalized negative stereotyping of LGBT persons and the misconception

that a person’s sexual orientation defines one’s gender expression are most evident on
the common position of the AFP, PNP, and PMA towards gay and effeminate behavior.

The identification of sources of discrimination is vital so that you will know how
these acts are committed or performed by the social institutions, their respective actors.
The unified output can result to a class program or activity addressing this concern.

SUMMARY

Discrimination of people based on SOGIE is widespread in the Philippines.

International and local policies are in place to address this prevailing issue, yet some
institutions still spread this ill issue. What is clear is that everyone, including student,
must act to resolve this issue.

Other countries shows that policies and legislation promoting equal rights and
prohibiting discrimination can reduce stigma based on SOGIE and lead to better mental
and physical health. Anti-discrimination legislation is associated with decreased risk for
psychological and physical health problems and improved well-being among LGBT+
individuals.

REFERENCES

Peralta, Atty. Eric Paul D. et ‘al (2019). Gender and Society: A Human Ecological
Approach. Manila, Philippines: Rex Bookstore, Inc.

Fontanos, N. (2008). Transgenderism: The Philippine experience. Transgender

Filipina

SUPPLEMENTARY SOURCES

Kindly access the following link to gather more information about the topic:

http://www.undp.org/content/undp/en/home/librarypage/hiv-aids/being-lgbt-in-asia--
the-philippine-country-report.html

Online Journal. Available at:

http://pinaytg.blogspot.com/2008/08/transgenderism-philippines-experience.html
(Accessed August 16, 2016)

R. No. 156254. (2005) Supreme Court Manila Third Division. Available at:
https://lawphil.net/judjuris/juri2005/jun2005/gr_154994_2005.html
G. R. No. 174689. (2007) Supreme Court Manila Third Division. Available at:
https://www.lawphil.net/judjuris/juri2007/oct2007/gr_174689_2007.html

G. R. No. 166676. (2008) Supreme Court Manila Second Division. Available at:
https://lawphil.net/judjuris/juri2008/sep2008/gr_166676_2008.html