Laws and Policies on Violence and Discrimination of the LGBTQ+ Community

Flashcards covering definitions, legal cases, and specific republic acts regarding LGBTQ+ rights and anti-discrimination policies in the Philippines.

Equal protection

Requires that all persons or things similarly situated should be treated alike, both as to the rights conferred and responsibilities imposed.

Due Process

The principle that the Government must respect all of a person's legal rights, ensuring all laws and legal proceedings are fair and equal for all.

Article 3, Sec 1, 1987 Philippine Constitution

A provision stating that no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

Ang Ladlad LGBT Party vs. Comelec (GR 190582 8 April 2010)

A Supreme Court decision ruling that LGBTs deserve to participate in the party-list system on the same basis as other marginalized and under-represented sectors.

Anti-Bullying Act of 2013 (Republic Act 10627)

A law that includes gender-based bullying as a prohibited and punishable act.

Gender-based bullying

Any act that humiliates or excludes a person on the basis of perceived or actual sexual orientation and gender identity (SOGI).

Department of Education Order No. 40

Also known as the Child Protection Policy 2012, it protects students from any form of violence regardless of their sexual orientation or gender identity.

Republic Act 7610

The Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act of 1992, also known as the Anti-Child Abuse Act.

The Labor Code of the Philippines (PD 442)

The national law covering employment for the private sector which, while demanding equal work opportunities, does not explicitly prohibit discrimination based on gender identity.

CSC No. 01-0940

The Civil Service Commission's Policy on Anti-Sexual Harassment which prohibits derogatory and degrading remarks directed toward one's sexual orientation.

City of Manila v Laguio

A Supreme Court case that upheld adults' right to privacy, including the right to have sexual relations in the confines of their private lives.

Gualberto v CA

A custody dispute case where the Supreme Court awarded custody of a four-year-old to the mother despite allegations of her being in a lesbian relationship.

Silverio v Republic of the Philippines

A 2007 case where the SC ruled against a petitioner's wish to change their name and gender marker on a birth certificate following sexual reassignment surgery.

Republic of the Philippines v Jennifer Cagandahan

A 2008 ruling in favor of a name and gender change because the individual had an intersex variation called Congenital Adrenal Hyperplasia (CAH).

Congenital Adrenal Hyperplasia (CAH)

An intersex variation that allowed the petitioner in the Cagandahan case to self-define his sex because he let nature take its course without unnatural interference.

SOGIE

An acronym for Sexual Orientation, Gender Identity and Expression.

Anti-Discriminatory Bill

Proposed legislation before the Philippine Congress intended to prevent economic and public accommodation-related acts of discrimination based on SOGIE.

Toonen v Australia (1994)

A landmark decision finding that 'sex' in international human rights articles includes sexual orientation and that laws criminalizing consensual homosexual acts violate privacy protections.

House Resolution No. 1333

A resolution filed by Representative Raymond Palatino to investigate discriminatory practices against LGBT students in schools.

Homophobia

The stigma and prejudice toward LGBT persons that creates a climate of hostility within society.

Article 25 of the Convention

Provides for the right of each citizen to participate in public affairs, vote, and have equal access to public service without distinction based on sex or sexual orientation.

CBCP and ECFL

Catholic organizations (Catholic Bishops Conference of the Philippines and Episcopal Commission on Family and Life) that have advocated for removing gender identity from anti-discrimination bills.