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TITLE: “Equal Protection under the Law: Analysing Discrimination, Affirmative Action,

and Equality Rights”

This paper explores the intricate landscape of equal protection under the law in the Philippines,

focusing on the critical issues of discrimination, affirmative action, and equality rights.

Grounded in legal, sociological, and policy perspectives, the analysis delves into the challenges

and opportunities inherent in promoting equitable treatment for all individuals in the Philippines.

"Equal Protection Under the Law: Analysing Discrimination, Affirmative Action, and Equality

Rights in the Philippines" delves into the complexities of ensuring justice and fairness for all

individuals in the Philippine context. The paper begins by highlighting the persistent challenges

of discrimination based on various factors such as race, gender, ethnicity, sexual orientation,

disability, and socio-economic status. Despite constitutional guarantees, discrimination continues

to hinder marginalized groups' access to equal opportunities in key areas like education,

employment, healthcare, and public participation.

The analysis extends to examining affirmative action policies aimed at addressing historical

injustices and promoting diversity and inclusion. While affirmative action initiatives strive to

level the playing field, concerns linger regarding their effectiveness, fairness, and

constitutionality. The paper explores debates surrounding these policies, emphasizing the need

for nuanced approaches to balance the pursuit of equality with concerns about reverse

discrimination and perpetuation of stereotypes.


Furthermore, these scrutinizes the legal framework for protecting equality rights in the

Philippines, encompassing constitutional provisions, statutes, and judicial interpretations.

Despite the existence of legal protections, challenges persist in enforcing anti-discrimination

laws and accessing remedies for violations. Limited awareness, inadequate resources, and

societal attitudes contribute to gaps in implementation, necessitating concerted efforts to

strengthen enforcement mechanisms and enhance public awareness of rights.

Equal protection under the law is a cornerstone principle in ensuring justice and fairness for all

individuals, regardless of their background or identity. In the context of the Philippines, the

pursuit of equal protection is particularly significant, given the country's diverse population and

complex social dynamics. This paper aims to examine the relevance of equal protection under

the law in the Philippine context, focusing on the analysis of discrimination, affirmative action,

and equality rights

There are laws in the Philippines that are provided to protect the rights of every individual. Just

like the Republic Act No. 9710, also known as the "Magnа Cartа of Women," it is relevant

because it pertains to gender equality and women's rights. When conducting research on topics

related to gender, social justice, human rights, or policy development, scholars often reference

laws and statutes to provide legal context, analyze their implementation, or evaluate their impact

on society.
The paper contextualizes the relevance of equal protection under the law in the Philippines.

Reyes (2019) underscores the importance of translating constitutional guarantees into tangible

societal change, while Aznar (2021) highlights the intersectional nature of discrimination,

particularly within marginalized communities like the LGBTQ+ population. Policy frameworks,

such as the affirmative action policy framework outlined by the Department of Justice (DOJ) of

the Philippines (2018), provide insights into governmental strategies to promote diversity and

inclusion. Additionally, Ramos (2017) assess the Philippines' compliance with international

human rights standards, offering critical evaluations of human rights practices.

In conclusion, equal protection under the law is a cornerstone principle in the Philippines, yet

achieving genuine equality requires addressing deep-rooted issues of discrimination,

implementing effective affirmative action measures, and strengthening legal protections for

equality rights. By analysing these issues from legal, sociological, and policy perspectives, this

paper contributes to a deeper understanding of the complexities involved in promoting equal

protection under the law in the Philippine context. Through continued scholarship, advocacy, and

policy-making, stakeholders can work towards creating a more just, inclusive, and equitable

society for all Filipinos.


References
Aznar, M. B. (2019). Intersectionality and the Philippine LGBT: A Legal Analysis of
Discrimination. Philippine Law Journal, 93(1), 1-38.

Reyes, L. M. (2019). "Equal Protection of the Laws in the Philippines: A Legal


Analysis." Philippine Law Journal, 94(2), 123-15

Department of Justice, Philippines. (2018). "Affirmative Action Policy Framework for


Diversity and Inclusion." Retrieved from https://www.doj.gov.ph/files/AAPolicyFramework.pdf

Ramos, F. (2017). "Philippine Human Rights: Compliance with International Standards."


Asian Journal of Human Rights, 22(3), 456-478.

The Right to Equal Protection and The Prohibition of Discrimination. (n.d.). Icelandic

Human Rights Centre.

https://www.humanrights.is/en/human-rights-education-project/comparative-analysis-of-

selected-case-law-achpr-iachr-echr-hrc/the-right-to-equality-and-non-discrimination/the-right-to-
equal-protection-and-the-prohibition-of-discrimination

Republic Act No. 9710 | GOVPH. (n.d.). Official Gazette of the Republic of the

Philippines. https://www.officialgazette.gov.ph/2009/08/14/republic-act-no-9710-2/

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