In November 2011, the senate passed on third reading SB 2814. This bill seeks to prevent discrimination, profiling, violence and all forms of
intolerance against persons based on ethnicity, race, religion or belief, sex,
gender, sexual orientation, gender identity, language, disability or other
status (see attached bill).
The bicameral conference committee meetings could have been
called since December 2011 and yet, despite
the lapse of more than one year, no bicameral conference committee meetings
have been conducted. We fervently
hope that the bicameral conference committee will immediately meet so the
senate version of the bill will be approved when Congress holds session in July
2013.
The bill recognizes acts
of religious and ethnic intolerance as acts of discrimination. It
seeks to end racial, religious, and ethnic profiling including arrests of
religious and ethnic minorities based on trumped-up charges. It prohibits discrimination not merely based on, inter alia, employment and education to eliminate
various types of discrimination. The bill ensures the right to equality and
non-discrimination including in employment, education, and adequate housing,
among others, and includes provisions on public information and education to contribute towards preventing
discrimination.
The bill also prohibits discrimination based on health status such as
living with HIV. Instead of halting
the transmission of HIV in the Philippines, our country has been unsuccessful
in its efforts against HIV/AIDs. Part of
the reason why there is continued increase in HIV incidence is because of the
lack of sexuality education where children, adolescents, and young people can
learn about gender relations, safe sex and risky sexual behavior. Anyone who engages in risky sexual behavior
and does not practice safe sex is at risk for HIV transmission. People living with HIV are vulnerable to
discrimination because of their health status, hence, the need to immediately
pass this Anti-Discrimination Law.
The bill recognizes that people are
discriminated based on their sexual orientation and gender identity. There
is widespread discrimination against lesbians, gays, bisexuals, and
transgenders (LGBTs) in the Philippines, yet no national law explicitly prohibits LGBTs from discrimination.
There are anti-discrimination bills on sexual orientation pending in the 15th
Congress, but none has yet been passed into law.[1]
All over the Philippines, there is evidence that there is an
increase in number of hate crimes against LGBTs. This is indeed cause for alarm
and signals the urgency to pass laws eliminating discrimination against and
promoting equality of LGBTs. The fact
that the anti-discrimination bill has not been passed into law mirrors a
society where many have not stood up for the rights of LGBTs to equality and
non-discrimination. It is time that our
national laws clearly provide protection of LGBTs against discrimination
otherwise LGBTs will continue to suffer human rights violations with impunity
and the Philippine state will
continually fall short of complying with its obligation to respect, protect and
fulfill human rights.
Some leaders of certain churches condemn “active homosexuals.” Instead of preaching respect for human
rights, compassion and justice, these institutions are complicit in propagating
discrimination against LGBTs.
While some church leaders oppose this bill, our constitution
guarantees separation of church and state and non-establishment of religion to
prohibit the establishment of religion in our law and to guard against the
views of any majority or minority religion in influencing our laws. Our constitutional guarantee of
non-establishment of religion is significant for us individuals to be able to
uphold our right to freedom of thought, conscience and religion.
At the
United Nations Human Rights Council session in March 2011, even the Holy See spoke out against violence and
discrimination on the basis of sexual orientation through its intervention stating, “A state should never punish a person, or deprive a person of the
enjoyment of any human right, based just on the person’s feelings and thoughts,
including sexual thoughts and feelings.” In December 2008, the Holy
See publicly urged states "to do away with criminal penalties"
against homosexuals and again in
December 2009 with its statement before the UN stating, "The Holy See also opposes all forms of violence and unjust
discrimination against homosexual persons,
including discriminatory penal legislation which undermines the inherent
dignity of the human person."
Throughout the world, political leaders
support the rights of LGBTs to equal protection of the law. United States President
Obama, New York City Governor Cuomo, New York Mayor Bloomberg, Spanish Prime
Minister Zapatero and Argentinian President Cristina Fernandez de Kirchner all
supported the passage of equality rights laws for LGBTs.
On June 17, 2011, the Human Rights Council approved
a historic resolution condemning discrimination based on sexual orientation, expressing grave
concern about acts of violence and discrimination, in all regions of the world,
committed against individuals based on sexual orientation and gender identity.
This bill upholds the
constitutional guarantee of equal protection of the law. It upholds human rights as enshrined in the
Universal Declaration of Human Rights (UDHR), the International Covenant on
Economic, Social and Cultural Rights (ICESCR), the International Covenant on
Civil and Political Rights (ICCPR) and other relevant core human rights
instruments. It affirms that all human
beings are born free and equal in dignity and rights and that everyone is
entitled to all the rights and freedoms set forth in that Declaration, without
distinction of any kind, such as race, color, sex, language, religion,
political or other opinion, national or social origin, property, birth, or
other status.
Any form of discrimination is
dangerous because it breeds hatred, intolerance, and even violence. This is a
very important piece of legislation that should immediately be passed into law
this 15th Congress. Enacting this law is
one step towards ending discrimination and hate crimes. It is an important step towards a humane and
just society where people respect the rights of others. ***
