POLITICAL- LEGAL PERSPECTIVE

In GENDER AND SEXUALITY

“
LESSON 18:
“Violence Against
Woman and Their
Children Act” or
Republic Act No.9262
 REPUBLIC ACT NO.9262

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND

THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR THE VICTIMS, PRESCRIBING PENALTIES
THEREFORE, AND FOR OTHER PURPOSES.
Sec. 2. Declaration of Policy.- It is hereby declared that the State values the
dignity of women and children and guarantees full respect for human rights. The
State also recognizes the need to protect the family and its members particularly
women and children, from violence and threats to their personal safety and
security.

Towards this end, the State shall exert efforts to address violence committed
against women and children in keeping with the fundamental freedoms
guaranteed under the Constitution and the Provisions of the Universal Declaration
of Human Rights, the convention on the Elimination of all forms of
discrimination Against Women, Convention on the Rights of the Child and other
international human rights instruments of which the Philippines is a party.
 DEFINITION OF TERMS

A. VIOLENCE AGAINST WOMEN AND THEIR CHILDREN

refers to any act or a series of acts committed by any person against a woman who is
his wife, former wife, or against a woman with whom the person has or had a sexual or
dating relationship, or with whom he has a common child, or against her child whether
legitimate or illegitimate, within or without the family abode, which result in or is likely to
result in physical, sexual, psychological harm or suffering, or economic abuse including
threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of
liberty.

1. PHYSICAL VIOLENCE
refers to acts that include bodily or physical harm
2. SEXUAL VIOLENCE
refers to an act which is sexual in nature, committed against a woman or her child.
It includes, but is not limited to:

❖ Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a

sex object, making demeaning and sexually suggestive remarks, physically attacking
the sexual parts of the victim's body, forcing her/him to watch obscene publications
and indecent shows or forcing the woman or her child to do indecent acts and/or
make films thereof, forcing the wife and mistress/lover to live in the conjugal home
or sleep together in the same room with the abuser;
❖ Acts causing or attempting to cause the victim to engage in any sexual activity by
force, threat of force, physical or other harm or threat of physical or other harm or
coercion;
❖ Prostituting the woman or child.
3. PSYCHOLOGICAL VIOLENCE
refers to acts or omissions causing or likely to cause mental or emotional
suffering of the victim such as but not limited to intimidation, harassment, stalking,
damage to property, public ridicule or humiliation, repeated verbal abuse and mental
infidelity. It includes causing or allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the victim belongs, or to
witness pornography in any form or to witness abusive injury to pets or to unlawful
or unwanted deprivation of the right to custody and/or visitation of common children.
4. ECONOMIC ABUSE
refers to acts that make or attempt to make a woman financially dependent
which includes , but is not limited to the following:

1. Withdrawal of financial support or preventing the victim from engaging in

any legitimate profession, occupation, business or activity, except in cases
wherein the other spouse/partner objects on valid, serious and moral grounds
as defined in Article 73 of the Family Code;
2. Deprivation or threat of deprivation of financial resources and the right to
the use and enjoyment of the conjugal, community or property owned in
common;
3. Destroying household property;
4. Controlling the victims' own money or properties or solely controlling the
conjugal money or properties.
 DEFINITION OF TERMS

B. BATTERY
refers to an act of inflicting physical harm upon the woman or her child resulting
to the physical and psychological or emotional distress.

C. BATTERED WOMAN SYNDROME

refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of cumulative
abuse.

D. STALKING
refers to an intentional act committed by a person who, knowingly and without
lawful justification follows the woman or her child or places the woman or her child
under surveillance directly or indirectly or a combination thereof.
 DEFINITION OF TERMS

E. DATING RELATIONSHIP
refers to a situation wherein the parties live as husband and wife without the
benefit of marriage or are romantically involved over time and on a continuing
basis during the course of the relationship. A casual acquaintance or ordinary
socialization between two individuals in a business or social context is not a
dating relationship.

F. SEXUAL RELATIONS
refers to a single sexual act which may or may not result in the bearing of a
common child.
 DEFINITION OF TERMS

G. SAFE PLACE OR SHELTER

refers to any home or institution maintained or managed by the Department of
Social Welfare and Development (DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the purposes of this Act or any other
suitable place the resident of which is willing temporarily to receive the victim.

H. CHILDREN
refers to those below eighteen (18) years of age or older but are incapable of
taking care of themselves as defined under Republic Act No. 7610. As used in
this Act, it includes the biological children of the victim and other children under
her care.
 Relationship, past
Married or not;
or present;

CENTER OF APPROACH Sexual or dating

Living or not;
relationship; and

Including Lesbian
relationship with
common child
LIABLE PERSONS ON VAWC

Boyfriend or Ex Father of the woman’s

Husband, ex- husband
boyfriend child

Any person with whom

Lesbian girlfriends/ the woman has/had a
partners or ex partners sexual or dating
relationship
 ▣ The crime of violence against women and their
children is committed through any of the
following acts:
a) Causing physical harm of the woman or her
SEC. 5. ACTS OF children;
VIOLENCE AGAINST b) Threatening to cause the woman or her child a
WOMEN AND THEIR physical harm;
CHILDREN.
c) Attempting to cause the woman or her child
physical harm;
d) Placing the woman or her child in fear of
imminent physical harm;
 e) Desist from conduct which the woman or her child has the
right to engage in or attempting to restrict or restricting the
woman's or her child's freedom of movement or conduct by
force or threat of force, physical or other harm or threat of
physical or other harm, or intimidation directed against the
woman or child.
f) Inflicting or threatening to inflict physical harm on oneself
for the purpose of controlling her actions or decisions;
g) Causing or attempting to cause the woman or her child to
Continuation…. engage in any sexual activity which does not constitute rape,
by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or her/his
immediate family;
h) Engaging in purposeful, knowing, or reckless conduct,
personally or through another, that alarms or causes
substantial emotional or psychological distress to the woman
or her child. This shall include, but not be limited to, the
following acts:
1) Stalking or following the woman or her child in public or private places;
2) Peering in the window or lingering outside the residence of the woman or her child;
3) Entering or remaining in the dwelling or on the property of the woman or her child against
her/his will;
4) Destroying the property and personal belongings or inflicting harm to animals or pets of
the woman or her child; and
5) Engaging in any form of harassment or violence.

i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her
child, including, but not limited to, repeated verbal and emotional abuse, and denial of
financial support or custody of minor children of access to the woman's child/children.
 The Regional Trial Court designated as a
Family Court shall have original and exclusive
jurisdiction over cases of violence against women
and their children under this law. In the absence of
Sec. 7. Venue.
such court in the place where the offense was
committed, the case shall be filed in the Regional
Trial Court where the crime or any of its elements
was committed at the option of the compliant.
 A protection order is an order issued under this
act for the purpose of preventing further acts of
violence against a woman or her child specified in
Sec. 5 of this Act and granting other necessary
relief. The relief granted under a protection order
Sec. 8. Protection Orders.
serve the purpose of safeguarding the victim from
further harm, minimizing any disruption in the
victim's daily life, and facilitating the opportunity
and ability of the victim to independently regain
control over her life.
 Victim-survivors who are found by the courts
to be suffering from battered woman syndrome do
not incur any criminal and civil liability
notwithstanding the absence of any of the
elements for justifying circumstances of self-
Sec. 26. Battered Woman defense under the Revised Penal Code.
Syndrome as a Defense.
In the determination of the state of mind of the
woman who was suffering from battered woman
syndrome at the time of the commission of the
crime, the courts shall be assisted by expert
psychiatrists/ psychologists.
 Being under the influence of alcohol, any
Sec. 27. Prohibited illicit drug, or any other mind-altering substance
Defense. shall not be a defense under this Act.
 In addition to their rights under existing laws,
victims of violence against women and their
children shall have the following rights.
1. to be treated with respect and dignity;

2. to avail of legal assistance, form the PAO of the

Department of Justice (DOJ) or any public legal
assistance office;
Sec. 35. Rights of Victims.
3. To be entitled to support services form the
DSWD and LGUs’
4. To be entitled to all legal remedies and support
as provided for under the Family Code; and
5. To be informed of their rights and the services
available to them including their right to apply
for a protection order
 ▣ The DSWD, and LGU's shall provide the
victims temporary shelters, provide counseling,
psycho-social services and /or, recovery,
Sec. 40. Mandatory rehabilitation programs and livelihood
Programs and Services for assistance.
Victims.

▣ The DOH shall provide medical assistance to

victims.
 ▣ The DSWD shall provide rehabilitative
counseling and treatment to perpetrators
towards learning constructive ways of coping
Sec. 41. Counseling and
with anger and emotional outbursts and
Treatment of Offenders.
reforming their ways. When necessary, the
offender shall be ordered by the Court to
submit to psychiatric treatment or confinement.
 The amount necessary to implement the
provisions of this Act shall be included in the
annual General Appropriations Act (GAA).

Sec. 45. Funding

The Gender and Development (GAD) Budget
of the mandated agencies and LGU's shall be used
to implement services for victim of violence
against women and their children.
 ▣ Within six (6) months from the approval of this
Sec. 46. Act, the DOJ, the NCRFW, the DSWD, the
Implementing DILG, the DOH, and the PNP, and three (3)
representatives from NGOs to be identified by
Rules and the NCRFW, shall promulgate the
Implementing Rules and Regulations (IRR) of
Regulations. this Act.
 ▣ This Act shall take effect fifteen (15) days from
the date of its complete publication in at least
Sec. 50. Effectivity. two (2) newspapers of general circulation.

March 08, 2004

“
LESSON 19:
Laws and Policies an
Violence and
Discrimination of the
Members of LGBTQ+
▣ Lesbian, gay, bisexual and transgender (LGBT+) people in
the Philippines face legal challenges not faced by non-
LGBT people.
▣ Lesbian, gay, bisexual and transgender people often face
disadvantages in getting hired for jobs, acquiring rights
for civil marriage, and even in starting up personal
businesses.
▣ They also have a higher rate of suicide and suicide ideation
compared to heterosexuals.
▣ According to an international research, 10% of the world's
population are theoretically part of the LGBT community,
out or not, including as many as 12 million Filipinos who
may experience discrimination based on who they are. 
▣ This has led to the rise of the cause for LGBT rights,
defined as the right to equality and non-discrimination. As
a member of the United Nations, the Philippines is
signatory to various international
covenants promoting human rights.
 ▣ The Magna Carta for Public Social Workers addresses
Discrimination protections concerns regarding the discrimination of public social
workers because of their sexual orientation.
▣ Section 17. Rights of a Public Social Worker. – Public
social workers shall have the following rights:
1.) Protection from discrimination on the grounds of sex,
sexual orientation, age, political or religious beliefs, civil
status, physical characteristics/disability or ethnicity;
2.) Protection from any form of interference,
intimidation, harassment, or punishment, to include, but
not limited to, arbitrary reassignment or termination of
service, in the performance of his/her duties and
responsibilities
 ▣ also known as the SOGIE Equality Bill.
▣ The only bill directly concerning discrimination against
the LGBT community in the Philippines.
▣ This bill seeks that all persons regardless of sex, sexual
orientation or gender identity be treated the same as
Anti- everyone else, wherein conditions do not differ in the
privileges granted and the liabilities enforced.

Discrimination ▣ The bill was introduced by Hon. Kaka J. Bag-ao, the

District Representative of the Dinagat Islands, on July 1,
Bill 2013.
▣ A huge bloc of lawmakers, collectively called
the Equality Champs of Congress, have been pushing for
the full passage of the Anti-Discrimination Bill for 18
years. More than 130 lawmakers backed its complete
passage and legislation in the first month of its
reintroduction to Congress in 2016 alone.
 ▣ Seven provinces prohibit discrimination on the basis of
sexual orientation and gender identity. 
These are; 
1. Albay (2008)
2. Agusan del Norte (2014)
Local government 3. Batangas (2015)
ordinances 4. Cavite (2014/18)
5. Dinagat Islands (2016)
6. Ilocos Sur (2017)
7. Iloilo (2016).
The province of Cavite previously prohibited
discrimination based on sexual orientation only, but
enacted gender identity protections in 2018.
 ▣ Sexual orientation and gender identity are
included as prohibited grounds of bullying in
Anti-bullying laws the Implementing Rules and Regulations (IRR)
of the Anti-Bullying Law, approved by
Congress in 2013
Living conditions

❑ Religion- Several religious beliefs exists within the country, including Roman Catholicism,
the Aglipayan Church, Anitism and Islam, among many others. These different faiths have their own
views and opinions towards the topic of homosexuality.
1. Roman Catholicism-
• The Philippines is a predominantly Catholic country with approximately 82.9% of the
population claiming to be Roman Catholics. The Roman Catholic Church has been one of the
most active religious organizations in the country in opposition to the LGBT community.
• The Catholic Bishops' Conference of the Philippines firmly states that marriage should only exist
between a man and a woman. 
• They also stated that "A homosexual union is not and can never be a marriage as properly
understood and so-called."
• However, according to Archbishop Socrates Villegas, "being a homosexual is not a sin. It is a
state of a person.“ The Catholic Bishops’ Conference of the Philippines made a statement
welcoming the LGBT community, stating that gay people should be "welcomed with respect and
sensitivity"
2. Metropolitan Community Church
• The Metropolitan Community Church (MCC) is
a progressive, LGBT-affirming and ecumenical
Christian Denomination that started in Los
Angeles, October 6, 1968. It has 3 local
churches in the
Philippines, Mandaluyong, Makati, and Baguio,
has been celebrating weddings between same-
sex couples since the 1991.
• The local churches consider themselves as an
ecumenical Christian church which performs
weddings for LGBTQI+ couples "regardless of
their Christian backgrounds".
• The church leadership has said that "weddings
are an inherent right of people who love each
other.
• The executive director of the non-governmental
organization EnGendeRights has said that while
the same-sex marriages performed by the MCC
are not recognized civilly or legally, they are
considered valid under the MCC's religious
3. Philippine Independent Church
• The Philippine Independent Church (also known as
Iglesia Filipina Independiente and Aglipayan Church)
has had a history of violence against members of the
LGBT community.
• However, in the early 21st century, the church position
changed dramatically to an extent where the church
leadership apologized through an official statement to
the LGBT community.
• The apology statement's groundwork first came up in
2014, when a gay man articulated during the church
plenary his query about the church's plans for sexual
minorities.
• This led to discussions among the newly elected set of
national youth officers, led by an openly gay president
and a lesbian executive vice president, which would later
be succeeded by another openly gay president. The
church position on LGBT persons was officially adopted
by the entire church in February 2017.
4. Iglesia ni Cristo
• The Iglesia ni Cristo adheres to the teachings of the Bible and they denounce those who
practice homosexual acts, as they are seen as immoral and wicked.
• The organization has been called by international human rights organizations as one of the
most homophobic religious sects operating in the Philippines.
• These acts include having sexual affairs and relations with partners of the same sex, cross-
dressing, and same-sex marriage. Furthermore, men are not allowed to have long hair, for it is
seen as a symbol of femininity and should be exclusive to women only. LGBT people born into
INC families reportedly suffer the greatest as their existence is branded explicitly as wicked by
their own family and the pastor of their locality.
• Hate crimes and forced conversion therapy committed by family members towards INC LGBT
teenagers have also surfaced and are backed by the Templo Sentral, the central establishment of
the INC church.
• The INC has been widely known to the Filipino LGBT community as the most dangerous and
discriminating religion for LGBT Filipinos. The church believes that no matter what a person
does, good or bad, if the person is homosexual (closeted or not), he or she will still burn in hell.
5. United Methodist Church
• The position of the United Methodist Church towards LGBT-inclusiveness is divided worldwide. In
developed nations, members of the church tend to be more in favor of LGBT rights, whereas
members in developing nations tend to oppose.
• In 2019, during a worldwide church meeting, held in the United States, Filipino delegates voted in
favor of a strengthened ban on LGBT members. The agenda was approved with 438 voting in favor
and 384 voting against.

6. Islam
• For Muslim communities in the Philippines, dealing with homosexuality or transgender issues is a
matter of sin and heresy. The city of Marawi, which has declared itself as an "Islamic City", has
passed an ordinance that allows discrimination against LGBT citizens.
• The ordinance has yet to be challenged in court. Mohagher Iqbal, a senior MILF leader once said that
"we have no policy to kill gays and lesbians, but we discourage homosexuality". The statement came
after reports that LGBT people are fleeing Marawi and a surge of reported derision and abuse at home
and discrimination at school had steadily increased.
7. Anitism
• Indigenous belief systems and religions in the country, collectively known
as Anitism, regard homosexual acts as part of nature, and thus, acceptable, and to
some extent, even sacred. Local men dressed up in women's apparel and acting
like women were called, among other things, babaylan, bayoguin, bayok, agi-
ngin, asog, bido and binabae.
• Some of these feminized men worked as spiritual leaders or shamans. They were
respected leaders and figures of authority: religious functionaries and shamans.
However, due to the influential spread of Islam in the south and Christianity in the
entire country, such indigenous belief systems were
subjugated. Concepts of homosexuality, bisexuality, and hermaphrodites are
known in the epics and indigenous stories in Anitism.
• Around 2% of the population continue to practice the religion.
❑ Media
• Recognized as an important venue for the promotion of issues related to the LGBT community
by participants in national dialogue facilitated by the UNDP, the media acknowledges the
negative impact of religion concerning the treatment of such issues, where it provides a blanket
context that society views homosexuality as negative.
• In May 2004, producers of several television programs received a memorandum from the chair
of the Movie and Television Review and Classification Board (MTRCB), which warned against
positive depictions of lesbian relationships; it was stated in the memo that "lesbian and
homosexual relationships are an abnormality/aberration on prime-time TV programs gives the
impression that the network is encouraging homosexual relationships.“
• The lack of sexual orientation and gender identity awareness is emphasized in other
circumstances; transphobia is ubiquitous with media practitioners who do not address
transgender people in accordance with how they self-identify.
• Beyond mainstream media, which already has a niche for the sector, the Internet has provided
LGBT people ways to tell their stories outside the realm of film, television, print, and radio.
There are blogs kept, opportunities to connect with others, publications with LGBT sections
and a web-based magazine, Outrage, catering to the community.
❑ Economy
• The LGBT community, although a minority in the economic sphere, still plays an integral role in the
growth and maintenance of the economy. LGBT individuals face challenges in employment both on
an individual level and as members of a community that is subject to discrimination and abuse. This
can be compounded by the weak social status and position of the individuals involved.
• A USAID study conducted in 2014, entitled "The Relationship between LGBT Inclusion and
Economic Development: An Analysis of Emerging Economies", has shown that countries which
have adopted anti-LGBT economic laws have lower GDPs compared to those who do not
discriminate against employers/employees based on their sexual orientation.
• On the other hand, studies have shown that the integration of the LGBT community into the
economic system yields a higher income for the country. In a recent USAID study, it is said that a
wide range of scholarly theories from economics, political science, sociology, psychology, public
health and other social sciences support the idea that full rights and inclusion of LGBT people are
associated with higher levels of economic development and well-being for the country.
• Also, the acceptance of LGBT people within the office environment can lead to higher income for
the company since the people do not feel as disadvantaged and as discriminated as before.
• Naturally, passing a non-discrimination law will not immediately lead to a sudden boost in the
country's economy, although less discrimination should eventually lead to more output.
 LESSON 20:
Discrimination on the Basis of
Sexual Orientation, Gender
Identity and Expression
(SOGIE)in the Philippines.
 Enacting an Anti-Discrimination Based on Sexual Orientation and
Gender Identity Law
WHAT IS THE ISSUE? WHAT HAS BEEN OUR
RECENT EXPERIENCE/S WITH REGARDS TO
THE ISSUE?
❑ Persons with diverse sexual orientation and
gender identity (SOGI) experience abuse and
violence (ranging from subtle jokes to extreme
forms of stigma and assault) from their families,
neighbors, educational/training institutions and
even from government institutions.
❑ Lesbian, Gay, Bisexual and Transgender
(LGBT) people also experience lost economic
opportunities due to discrimination in
employment such as being required to wear
clothes according to their sexassigned at birth as
condition for hiring and outright refusal to hire
applicants on the ground of their SOGI.
❑ Prejudicial attitudes of some law enforcers and
service providers towards LGBT people deter
them from reporting cases of abuse and violence
committed against them.
❑ Prejudicial attitudes of some law enforcers and
service providers towards LGBT people deter
them from reporting cases of abuse and
violence committed against them.
❑ The stigma that LGBTs face in everyday life
takes a toll on their mental and physical well-
being. takes a toll on their mental and physical
well-being.
❑ The study also established that long-term
bullying is a major contributory factor to
depression, anxiety, loss of confidence,
withdrawal, social isolations, self-harm and
suicidal tendencies among the victims.
❑ The lack of a national policy as legal basis to
address these discriminatory practices leaves
the LGBTs with no recourse for redress.
❑ This results to continued violations of LGBTs
human rights by private as well as public
institutions and individuals.
WHY IS THE ISSUE IMPORTANT?
❑ Eliminating discrimination based on SOGI will
address disparity in treatment that stems from
❑ Schools or academic institutions assert
gender biases and double standards that provide their academic freedom in
protection selectively to those who adhere to the institutionalizing policies against cross-
patriarchal concept of male and female, and dressing and reserve the right not to accept
discriminate against those who do not fit in the or even expel students that violate these
socially constructed norms of what is a man and a
woman.
policies.
❑ Although the 1987 Philippine Constitution ❑ Enacting an Anti-Discrimination Law will
guarantees the right of every person to equal affirm and enforce the equal application of
protection of the laws, without distinction or existing laws that protect the human rights
discrimination, the laws protecting human rights are
of those who face human rights violation
not being equally applied especially to persons with
diverse SOGI. because of their SOGI and will address the
impunity by which they are discriminated.
❑ Private establishments and companies assert their
management prerogative in hiring and
distinguishing who can and cannot enter their
premises which sometimes discriminate against
LGBTs.
WHAT ARE THE EXISTING LAWS OR POLICIES RELATED TO THE
ISSUE?

Section 3 of Republic Act 9710

❑ Otherwise known as the Magna Carta of Women (MCW) provides
that “All individuals are equal as human beings by virtue of the
inherent dignity of each human person.
❑ No one should therefore suffer discrimination on the basis of
ethnicity, gender, age, language, sexual orientation, race, color,
religion, political or other opinion, national, social or geographical
origin, disability, property, birth, or other status as established by
human rights standards.

Article II, Section 11;
❑ The Philippine Constitution provides that
“The State values the dignity of every person
and guarantees full respect for human rights”.
Article III, Section 1, 2, 4, 8, 12;
❑ It also guarantees every person the right to
life, security of person and privacy, right to be
free from torture, arbitrary arrest and
detention, the right to be free from
discrimination and the right to freedom of
expression, and the right to organize
associations.
Civil Service Commission Memorandum Circular
No. 29-2010
❑ Prohibits discrimination against LGBT people
applying for civil service examinations.
❑ In addition, the CSC’s Revised Policies on
Merit and Promotion plan include a provision
that inhibits discrimination in the selection of
employees based on various criteria including
gender.
Department of Social Welfare and Development
(DSWD)
❑ Recently issued a Memorandum respecting the
right of persons of diverse SOGI to wear
uniform of their preferred sexual orientation
and gender identity.
Ang Ladlad Partylist

❑ In the legal battle for gender equality, there have been cases
that were ruled in favor of LGBTs such as when the Supreme
Court ruled in favor of the Ang Ladlad Partylist, declaring
that the LGBT sector deserves to participate in the party-list
system on the same basis as other marginalized and under-
represented sectors.
❑ In another case, wherein the husband petitioned for the
custody of his child with an estranged wife whom the
petitioner claimed was immoral on the grounds that the ex-
wife had a lesbian relationship, the Court decided in favor of
the wife saying that “moral laxity alone does not prove
parental neglect or incompetence”
WHAT ARE THE CONSIDERATIONS IN
ADDRESSING THIS ISSUE IN THE COUNTRY?
2.
1. Promoting women’s rights and gender
equality
❑ Enacting a law that prohibits and
penalizes acts of discrimination based
on SOGI will contribute to the
achievement of gender equality.
❑ An anti-discrimination law will ensure
that all people, regardless of SOGI are
able to exercise their rights to life,
education, employment and expression
without fear of reprisal, torture, arrest
and detention.
Responding to International Commitments
❑ Protection of the rights of persons with diverse SOGI or
the LGBT community is embedded in international
human rights laws/ treaties.
❑ The Universal Declaration of Human Rights declares
that everyone has the right to life, security of person and
privacy, the right to be free from torture, arbitrary arrest
and detention, the right to be free from discrimination
and the right to freedom of expression, and association.
❑ The International Convention on Civil and Political
Rights (ICCPR) affirms that the inherent right to life of
every person shall be protected by law and that no
person should be arbitrarily deprived of life.
 POLICY RECOMMENDATION
▣ Consistent with the Philippine Constitution mandating
the State to uphold the equal protection of all people
before the law, the PCW supports the passage of the
anti-discrimination law that will ensure that human
rights of all people, regardless of their SOGI, are
protected and promoted. The PCW pushes for a law that
will:
1. Penalize discriminatory acts such as but not limited to: non-
hiring or dismissal of workers, refusal of admission from
any educational institution, denial of access to services
available to the general public, revocation of license, denial
of access to establishments or facilities on the basis of
SOGI;
2. Establish mechanism to monitor, report and record incidents
of SOGI-based discrimination and abuse;
3. Create redress mechanism to address complaints of acts of
discrimination;
4. Provide guidelines in: a) handling of LGBT victims of
SOGI-based discrimination and abuse, and b) handling
LGBTs arrested and detained for criminal and civil offense;
5. Mandate the review and repeal or amendment of
provisions of existing national and local policies
discriminatory to LGBTs (e.g., Amend RPC to define acts
that constitutes grave scandal provision of the RPC, DOH
Memorandum that forbids homosexuals to donate blood);
6. Mandate the crafting of non-discriminatory policies in
employment and job retention, training and education;
7. Mandate awareness-raising campaigns with media, public
and private institutions, educational and training institutions;
and
8. Integrate orientation on SOGI rights in new employee
orientation in in both public and private institutions.
▣ The PCW or Philippine Commission on
Women reiterates its advocacy to end gender-
based discrimination and recommends the
passage of an antidiscrimination bill that
prohibits discriminatory practices based on
SOGI. The enactment of such law is deemed
necessary towards ending all forms of gender
discrimination, and the achievement of gender
equality.
Thank you for listening
☺☺☺
References

▣ Republic Act 9262 “Anti Violence Against Women and Children”

▣ https://pcw.gov.ph/republic-act-9262-anti-violence-against-women-a
nd-their-children-act-of-2004
▣ file:///C:/Users/marwinbq/Desktop/biological%20science/social%20
arts/RA%209262%20-%20Law%20Against%20Violence%20Again
st%20Women%20and%20Their%20Children.pdf

▣ https://www.slideshare.net/FayeMadrigal1/ra-9262-vawc
▣ https://20Policy-Brief-11-SOGIE.pdf