Human Rights
AND LGBTQI ISSUES
CLAIRE DE LEON
OCTOBER 2023
KARAPATANG PANTAO
KARAPATAN NG MGA INDIBIDWAL NA LGBT
KARAPATAN NG MGA PAMILYANG LGBT
KARAPATANG PANTAO
Propaganda to
discredit the
government
Human rights
advocates are
leftists
Shield for
anti-government
activities
Human rights
only protects
criminals
Ang karapatangpantaoay mgakarapatang
likassaisangtao, saanmangbansa,
anumanglahi, kasarian, kulay, relihiyon,
wika, o kalagayansabuhay.
(PRINCIPLE OF UNIVERSALITY)
CIVIL AND POLITICAL RIGHTS
protect one’sfreedomfrom
infringement bythe State
RIGHT TO LIFEPROHIBITION AGAINST
TORTURE
EQUALITY AND
NON-DISCRIMINATION
FREEDOM OF EXPRESSIONRIGHT TO POLITICAL
PARTICIPATION
FREEDOM OF PEACEFUL
ASSEMBLY
The State must take progressive
action towards the full realization of
ECONOMIC, SOCIAL, AND
CULTURAL RIGHTS
RIGHT TO HEALTHRIGHT TO WORKRIGHT TO ADEQUATE
FOOD
RIGHT TO ADEQUATE
HOUSING
RIGHT TO EDUCATION
Mga garantiyanasumasaklawsa
lahat ng aspetong buhay,
pamumuhay, at pakikisalamuhasa
kapwang isangtao.
Mga karapatangtaglayng isangtao
mulakapanganakanhanggang
kamatayan
(HUMAN RIGHTS ARE INALIENABLE)
oTaglayng isangtaomulakapanganakanhanggang
kamatayan
•(human rights are inalienable)
oKapwa-nakasalalayat di-mapaghihiwalay
•(indivisible and interdependent)
MGA KATANGIAN NG
KARAPATANG PANTAO
oPantayat walangdiskriminasyon
•(equality and non-discrimination)
oAng karapatangpantaoay obligasyonng estado
•(human rights as state obligation)
MGA KATANGIAN NG
KARAPATANG PANTAO
PAGRESPETO
The State shall not
interfere with one’s
enjoyment of rights
PANGANGALAGA
The State shall shield its
people from human rights
abuses
PAGPAPATUPAD
The State shall actively
work towards realization of
people’s rights
Human rights are expressed and
guaranteed by law.
HUMAN RIGHTS
TREATIES
1987 PHILIPPINE
CONSTITUTION
DOMESTIC LAWS
UNIVERSAL DECLARATION
OF HUMAN RIGHTS
INTERNATIONAL COVENANT
ON CIVIL AND POLITICAL
RIGHTS (ICCPR)
INTERNATIONAL COVENANT ON
ECONOMIC, SOCIAL, AND
CULTURAL RIGHTS (ICESCR)
Voluntarily undertaken by States, but once ratified,
become legally binding obligations.
CONVENTION AGAINST TORTURE
AND OTHER CRUEL, INHUMAN OR
DEGRADING TREATMENT OR
PUNISHMENT (CAT)
CONVENTION ON THE
ELIMINATION OF ALL FORMS OF
DISCRIMINATION AGAINST WOMEN
(CEDAW)
INTERNATIONAL COVENANT ON
CIVIL AND POLITICAL RIGHTS (ICCPR)
YOGYAKARTA PRINCIPLES
The Yogyakarta Principles are a
set of principles on the
application of international
human rights law in relation to
SOGIESC.
The Principles affirm binding
international legal standards with
which all States must comply.
YOGYAKARTA PRINCIPLES
YOGYAKARTA PRINCIPLES
YOGYAKARTA PRINCIPLES
Human rights are expressed and
guaranteed by law.
HUMAN RIGHTS
TREATIES
1987 PHILIPPINE
CONSTITUTION
DOMESTIC LAWS
KARAPATAN NG MGA INDIBIDWAL NA LGBT
HARASSMENT
AND VIOLENCE
LEGAL GENDER
RECOGNITIONDISCRIMINATION
HARASSMENT AND VIOLENCE
Gender-based Sexual Harassment
☞Includes catcalling, wolf-whistling, unwanted invitations,
misogynistic, transphobic, homophobic and sexist slurs
☞In public spaces, online, workplaces, education/training
institutions
Safe Spaces Act
Public spaces
☞buildings,schools,churches,restaurants,malls,public
washrooms,bars,internetshops,publicmarkets,
transportationterminals,orpublicutilityvehicles
Online
☞whetherpubliclyorthroughprivatemessages
HARASSMENT AND VIOLENCE
Safe Spaces Act
Trans individuals cannot
change their gender markers
on account of gender
reaffirming surgery
LEGAL GENDER RECOGNITION
Silverio v Republic
"where the person is biologically
or naturally intersex, the
determining factor in his gender
classification would be what the
individual, having reached the age
of majority, with good reason,
thinks of his/her sex."
LEGAL GENDER RECOGNITION
Republic v Cagandahan
The petition for change of first name may be filed with the
local civil registry office if:
1.Thefirstnameornicknametoberidiculous,taintedwith
dishonororextremelydifficulttowriteorpronounce
2.Thenewfirstnameornicknamehasbeenhabituallyand
continuouslyused,andpetitionerhasbeenpubliclyknown
bythatname
3.Thechangewillavoidconfusion
LEGAL GENDER RECOGNITION
Change of First Name
Any distinction, exclusion, restriction, or preference,
based on any ground such as sex or SOGIESC,
which has the purpose or effect, whether direct or
indirect, of nullifying or impairing the recognition, access
to, enjoyment, or exercise by all persons on an equal
footing of all rights and freedoms.
DISCRIMINATION
KARAPATAN NG MGA PAMILYANG LGBT
MARRIAGE
EQUALITY
NON-DISCRIMINATION
OF QUEER FAMILIES
CIVIL
PARTNERSHIP
✔a special contract of permanent union
✔between a man and a woman
✔entered into in accordance with law
✔for the establishment of conjugal and family life
Family Code, Article 1
MARRIAGE
✔a special contract of permanenta union
✔between a man and a woman
two persons of opposite or same sex
✔entered into in accordance with law
a mutual agreement
✔for the establishment of conjugal and family life
to perform the rights and obligations stated in the Act
House Bill 1357
CIVIL PARTNERSHIP
NON-DISCRIMINATION OF
QUEER FAMILIES
KARAPATANG PANTAO
oInherent to all human beings
oState has the duty to respect, protect,
and fulfill our rights
KARAPATAN NG MGA INDIBIDWAL NA LGBT
oProtection from violence (Safe Spaces Act)
oRight to legal recognition (Change of name and
legal gender recognition)
oNon-discrimination (SOGIE Equality Bill and Anti-
discrimination Ordinances)
KARAPATAN NG MGA
PAMILYANG LGBT
oRight to found a family (marriage equality
and civil partnership)
oNon-discrimination of LGBTQI families