EnGendeRights Calls on Candidates to Uphold LGBT Rights

By Clara Rita A. Padilla, April 28, 2007

“Congressional and local electoral candidates when elected into government posts must uphold lesbian, gay, bisexual and transgender (LGBT) rights as protected by the Convention on the Elimination of All Forms of Discrimination against Women (Women’s Convention) and the International Covenant on Civil and Political Rights (ICCPR),” says Atty. Clara Rita A. Padilla, Executive Director of EnGendeRights. She adds, “They must take their stand to uphold LGBT rights.”

“When elected, they should file bills and ordinances that uphold LGBT rights including bills/ordinances on Anti-Discrimination against Sexual Orientation; repeal of the vagrancy provisions under Article 202 of the Revised Penal Code, Reproductive Health Care, implementation of sexuality education in schools for adolescents,” says Atty. Padilla.

“Legislators should support bills repealing the vagrancy provisions of the Revised Penal Code such as House Bill 4804 and House Bill 4436 filed by Liza Largoza-Maza of Gabriela Women’s Party and Joel Virador of Bayan Muna, respectively, in the 13th Congress. These bills intend to put a stop to human rights violations of women in prostitution and homosexuals who are rounded up on the basis of Article 202 of the Revised Penal Code,” continued Atty. Padilla.

Atty. Padilla says, “Government officials should emulate the example of Quezon City legislators in terms of its passage of an ordinance protecting the rights of homosexuals against discrimination in the workplace (Quezon City, Ordinance No. SP-1309, S-2003).”

Legislators should author bills protecting LGBTs against discrimination such as House Bill 634 on Anti-Discrimination against Sexual Orientation filed by Loretta Ann Rosales of Akbayan in the 13th Congress. Staunch supporters of this bill in Congress were Nereus Acosta (whose sister Malou Acosta is now running), Henedina Abad, Mayong Aguja (Akbayan), Justin Marc Chipeco, Risa Hontiveros-Baraquel (Akbayan), Liza Largoza-Maza (Gabriela Women’s Party), Renato Magtubo (Partido ng Manggagawa), Satur Ocampo (Bayan Muna), Lorenzo R. Tañada III, and Joel Virador (Bayan Muna).

Danton Remoto, a gay rights activist running for a congressional post for the 3rd district of Quezon City, when elected into position will strongly advocate for LGBT rights.

Atty. Padilla cautions against party list organizations such as ABA-AKO that have in their line-up a so-called “pro-life” nominee and a platform that campaigns for the “traditional natural Filipino family.” She adds, “This platform discriminates against the rights of LGBT families and even fosters hatred against LGBTs instead of upholding their rights.” Atty. Padilla said, “We cannot have public officials who obstinately preach intolerance without realizing that they are breeding hatred, discrimination and violence against LGBTs who are entitled to equal treatment under the Philippine Constitution.”

In the case of Gualberto vs. Gualberto, G.R. No. 154994, the Philippine Supreme Court recognized that lesbian mothers have a right to custody of their children and their being lesbians do not make them unfit mothers as contemplated under Article 213 of the Family Code. The Supreme Court held that, “sexual preference x x x does not prove parental neglect or incompetence.”

Public officials must heed the international trend toward recognizing the rights of LGBTs. Recognition of same-sex marriage and unions is recognized in Canada, Netherlands, United Kingdom and even in predominantly Catholic countries such as Belgium and Spain.

The ICCPR protects LGBTs against discrimination. In the 2003 Concluding Observations on the Philippines, the Human Rights Committee (HRC), the United Nations Committee tasked to monitor the implementation of the ICCPR, urged the Philippine government to "take the necessary steps to adopt legislation explicitly prohibiting discrimination" and "to pursue its efforts to counter all forms of discrimination" pertaining to sexual orientation. The Committee further urged the Philippines to "strengthen human rights education to forestall manifestations of intolerance and discrimination."

Contrary to the disinformation of fundamentalist groups that "homosexuality is an abnormality," the HRC recognized, in its General Comment 19, that the concept and structure of family may differ from state to state and that the right to marry and found a family may be based on diverse definitions of families and relationships.

In CEDAW’s General Recommendation 21, it recognized that “[t]he form and concept of the family can vary from State to State, and even between regions within a State.” CEDAW has also asked states parties to reconceptualize lesbianism as a sexual orientation and to abolish penalties for its practice.

A clear expression of the affirmation of the rights to sexual orientation is the March 26, 2007 Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity released by international human rights experts in a worldwide call for action against sexual orientation discrimination. The Principles were adopted by 29 distinguished experts in international law following a meeting in Yogyakarta, Indonesia. Among the group of experts were former United Nations High Commissioner for Human Rights and former President of Ireland Mary Robinson, UN independent experts including Philip Alston (UN Special Rapporteur on extrajudicial, summary and arbitrary executions) and Paul Hunt (UN Special Rapporteur on the right to the highest attainable standard of health), current and former members of human rights treaty bodies, judges, academics and human rights defenders. Sonia Onufer Corrêa of Brazil, who co-chaired the experts’ group said, “ [W]omen, men and persons whose sexuality does not conform with dominant norms face rape, torture, murder, violence, and abuse because of their sexual orientation or gender identity. These Principles affirm that human rights admit no exceptions.”

“It is the duty of the Philippine government to fulfill its obligations to respect, protect and fulfill the rights of LGBTs,” Atty. Padilla stressed.