Violence & Discrimination against Members of LGBTQ+

COVERAGE:

• Introduction - The 1987 Constitution Equal Protection and Due Process Clause

• LadLad LGBT Partylist acceptance (April 8, 2010)

I. Violence & Discrimination against LGBTQ+ Youth in Education - 3 Laws

II. Violence & Discrimination against LGBTQ+ in the workplace - 2 Laws
_________


The 1987 Constitution (Equal Protection and Due Process Clause )

1. Equal Protection of 1987 Constitution
   It states that; "The State values the dignity of every human person and

   guarantees full respect for human rights."
   

2. Due Process Clause of 1987 Constitution:

"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." (Article 3, Sec l, 1987 Phil. Constitution)

I. Violence & Discrimination against LGBTQ+ Youth in Education - 3 Laws

a. anti-bullying of 2013

• This includes gender-based bullying as a prohibited and punishable act.

• Gender —based bullying is "any act that humiliates or excludes a person on the basis of perceived or actual sexual orientation and gender identity (SOGIE).

b. Child protection policy 2012

• DepEd Order No. 40 on Child Protection Policy is violated in cases where bullying is committed by a principal, teacher or any other school personnel.

c. Special protection of children against child abuse, exploitation and Discrimination Act of 1992

• Also Called as: RA 7610

• Who violates it: Parents of children who suffer abuse at the hands of teachers or members of the school's administration violates RA 7610.
  

• Such cases can cover instances of physical, psychological injury or cruelty on the basis of child's SOGI
  

II. Violence & Discrimination against LGBTQ+ in the workplace - 2 Laws
1. Labor code of the Philippines (PD 442 )
Labor Code - is the national law covering employment for the private sector in the Philippines.

• fact: it does not contain any provision that prohibits discrimination on the basis of gender identity particularly on the members of the LGBTQ+

• the law is quiet on gender identity and expression, but….

• Declaration Policy (Art 3) - however in this section, it says the "State shall afford protection to labor, promote full employment, ensure equal work opportunities.

  
  Mandate for equal work opportunities are emphasized, but not the ‘discrimination’.
  LGBTQ+ encounter hardship in accessing Work opportunities because of discrimination.

2. CSC number 01-0940 the Civil Service Commissions Policy on the Anti-Sexual Harassment

• The CSC Administrative Disciplinary Rules on Sexual Harassment Cases includes other less grave punishable offenses . . . "derogatory and degrading remarks or innuendoes directed toward the members of

  one's sex, or one's sexual orientation or used to describe a person

• This Rule applies to all government entities that fall under the Civil Service jurisdiction.