LESSON 20 DISCRIMINATION ON THE BASIS OF (SOGIE) IN THE PHILIPPINES

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.

1. DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION, GENDER IDENTITY AND EXPRESSION (SOGIE) IN THE PHILIPPINES

2. LESSON OBJECTIVES 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.

3. DEFINITION OF TERMS SOGIE – an acronym for Sexual Orientation, Gender Identity and Expression – aspects of gender of persons which must be considered and given attention. Anti-Discriminatory Bill – a proposed legislation before the Philippine Congress intended to prevent various economic and public accommodation-related acts of discrimination against people based on their SOGIE.

4. INTRODUCTION The Universal Policy Articles 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. Toonen v 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.

5. NATIONAL AND LOCAL POLICIES Anti-Discriminatory Bill - is still pending before the Congress. - 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. Representative Raymond Palatino of the Kabataan Partylist - filed 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 of LGBT persons .

6. NATIONAL AND LOCAL POLICIES 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 violence, abuse, or exploitation regardless of sexual orientation and gender identity.

7. 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 mechanisms 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 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.

8. 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. 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 fro expressing their sexuality. Including frustrations, anxiety, and low self-esteem. Etc.

9. DISCRIMINATION BY THE CATHOLIC CHURCH • The Catholic Bishops Conference of the Philippines (CBCP) And Episcopal Commission on Family and Life (ECFL) has been fervently demanding Congress for 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 ".

10. DISCRIMINATION BY THE CATHOLIC CHURCH Antagonists of the anti-discrimination bill claim that the passage of an anti- discrimination legislation will open the door for same-sex marriages. 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.

11. PARTICIPATION OF THE MEMBERS OF LGBTQ+ IN PUBLIC LIFE Article 25 0f 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 distinctions made on the basis of sex, which as mentioned above, includes sexual orientation.

12. DISCRIMINATION IN THE MILITARY Through their media announcements, it seems on the surface that the Philippines military and the police are adhering to the non-discrimination clause of the Philippine Constituton (Art. 2) and the ICCPR by its declaration of openness to admit gays, lesbians, and bisexual persons in military and police service. Upon closer inspection, the additional conditions required from gay, lesbian, 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.

13. DISCRIMINATION IN THE MILITARY 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 APF, 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.

14. 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 students, must act to resolve this issue.

15. QUIZ TIME!!!

16. QUIZ: IDENTIFICATION Acronym that stands for Sexual Orientation, Gender Identity, and Expression. A proposed legislation before the Philippine Congress that seeks to prevent discrimination based on SOGIE. The 1994 international case that ruled laws criminalizing consensual homosexual acts violate privacy protections. Article of the Convention that provides the right to participate in public affairs, to vote, and to have equal access to public service. The DepEd Order issued in 2012 to guarantee protection of children in schools regardless of sexual orientation and gender identity

17. QUIZ: IDENTIFICATION The House Resolution filed by Representative Raymond Palatino to investigate unjust practices against LGBT students in schools. The stigma and prejudice toward LGBT persons, creating a hostile environment in Filipino society. The religious institution in the Philippines that strongly opposes the inclusion of SOGIE in anti-discrimination ordinances. Armed institutions (AFP, PNP, PMA) that still show negative stereotyping and heterosexist bias against LGBT persons. This human rights principle stresses equality and non-discrimination under Articles 2, 3, and 26 of the Universal Convention.

18. QUIZ: ESSAY (Based on your own understanding) Explain Effect Of State Discrimination In Society Explain Discrimination By The Catholic Church Explain Discrimination In The Military Explain Participation of the members of LGBTQ+ in public life Explain the House Resolution No. 1333

19. QUIZ: Answer SOGIE – Sexual Orientation, Gender Identity, and Expression Anti-Discriminatory Bill Toonen v. Australia (1994) Article 25 of the Convention DepEd Order No. 40 – Child Protection Policy (2012) House Resolution No. 1333 Homophobia Catholic Bishops’ Conference of the Philippines (CBCP) AFP, PNP, and PMA (Armed Forces of the Philippines, Philippine National Police, Philippine Military Academy) Universal Policy – Respect, Equality, and Non-Discrimination under Articles 2, 3, and 26 of the Convention