REPUBLIC OF THE PHILIPPINES

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS Second Regular Session House Bill No.

5512

Introduced by Kabataan Party-List Representative Raymond V. Palatino

EXPLANATORY NOTE Article 2, Section 11 of the 1987 Constitution declares that "the State values the dignity of every human person and guarantees full respect for human rights." Furthermore, Article 2, Section 14 imposes on the State the duty to ensure the fundamental equality before the law of women and men. The Philippines is also signatory to international agreements on the respect for human rights of all persons regardless of any condition, including sex or sexual orientation. Institutions such as the United Nations Human Rights Committee (UNHRC) and the UN Committee on Economic, Social and Cultural Rights have interpreted these instruments to include protection against discrimination on the basis of sexual orientation. Article 26 of the International Covenenant on Civil and Political Rights, which mandates the State to "guarantee to all persons equal and effective protection against discrimination on any ground such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status" has been interpreted by the UNHRC to include a protection against discrimination on the basis of sexual orientation. The Committee on Economic, Social and Cultural Rights has also interpreted Article 2 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) to include sexual orientation in the Covenant's non-discrimination provisions; While the Bill of Rights in the 1987 Constitution guarantees equal protection for men and women, and even as the Philippines is a signatory to these international agreements on respect for human rights, the lesbians, gays, bisexuals and transgenders (LGBT) in the country continue to face violence and discrimination by the society at large, primarily because of their sexual orientation and gender identity. As a consequence of prevailing misconceptions about the LGBT sector, coupled with the absence of government measures to combat homophobia (fear of homosexuals) and transphobia (fear of transgenders), LGBTs are confronted with prejudicial practices and policies in schools, workplaces, commercial establishments, the civil service and security services and thus, are faced with difficulty in the exercise and enjoyment of their basic and fundamental rights and freedoms. The education system in the country generally remains to be sexist and homophobic as many schools implement rules and regulations that force LGBTs to 1

suppress their sexual orientation and gender identity. Such discriminatory rules and regulations, among many other factors, prevent the development of the LGBT youth inside and outside the academe and hinder the realization of their full potentials as individuals and as members of the society. While laws of the land trumpet gender equality between men and women, there are no specific laws that define or expressly protect sexual orientation and gender identity, and define what constitutes discrimination against LGBTs. As a result, educational institutions and workplaces have formulated and implemented policies that are discriminatory, while LGBTs have limited legal and administrative recourses to redress for discrimination on the basis of sexual orientation or gender identity. This bill thus seeks to introduce a curricular reform in the educational system by integrating an age-appro priate education on sexual orientation and gender orientation, and on gender rights, equality and welfare in all public and private institutions. The schools should provide the venue wherein young people can start the systematic, formal, and critical education on gender rights, welfare, development, and equality. The approval of this bill is earnestly and urgently sought.

HON. RAND V. PALATINO Repress tive, Kabataan Party-list

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REPUBLIC OF THE PHILIPPINES

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila FIFTEENTH CONGRESS Second Regular Session House Bill No.

5512

Introduced by Kabataan Party-List Representative Raymond V. Palatino AN ACT INTEGRATING EDUCATION ON SEXUAL ORIENTATION AND GENDER IDENTITY AND ON GENDER RIGHTS, EQUALITY AND WELFARE IN ALL PUBLIC AND PRIVATE EDUCATIONAL INSTITUTIONS
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. Title. — This Act shall be known as the "Gender Education Act of 2011."
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SECTION 2. Definition of terms. — For purposes of this act, the following terms shall be defined as follows: a. Sexual Orientation denotes the direction of emotional sexual attraction or conduct. This can be towards people of the opposite sex (heterosexual orientation) or towards people of the same sex (homosexual orientation) or towards people of both sexes (bisexual orientation). Sexual orientation is not equivalent to sexual behavior since this refers to feelings and self-concept. Persons may or may not express their sexual orientation on their behaviors.

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b. Gender Identity denotes the personal sense of identity as characterized, among others, by manner of clothing, inclinations and behavior in relation to masculine and feminine conventions. A person may have a male or female identity with physiological characteristics of the opposite sex.

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SECTION 3. Gender Education. — All levels of public and private educational institutions, including technical and vocational schools, are required to integrate in their curriculum, an age-appropriate education on sexual orientation and gender identity, and on gender rights, equality and welfare, including international agreements, treaties and conventions, and relevant laws on gender equality. SECTION 4. Formulation of a Gender Education Curriculum. — The Department of

Education, Commission on Higher Education, Technical Education and Skills Development Authority, Philippine Commission on Women, Commission on Human Rights, in consultation with women and LGBT (lesbians, gays, bisexuals, transgenders) organizations, centers, and institutes on gender studies, shalt formulate, within thirty (30) days upon the effectivity of this Act, a gender education curriculum, necessary to implement this Act. SECTION 5. Repealing Clause. – All laws, presidential decrees, executive orders, issuance, and rules and regulations, or part thereof, inconsistent with this Act are hereby repealed.

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SECTION 6. Separability Clause. – If any section or provision of this Act shall be declared unconstitutional, the remaining sections or provisions shall not be affected thereby.

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SECTION 7. Effectivity Clause. – This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette or in any newspaper of general circulation. Approved,

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