1.

Introduction

The Universal Declaration on Human Rights way back 1948 asserted that Human rights are inalienable
rights that a person is entitled to simply because he or she is a human.1 Thus, in a resolution adopted by
the Human Rights Council on June 30,2016 it was affirmed that all human rights are universal, indivisible
and interdependent and interrelated, that the international community must treat human rights globally
in a fair and equal manner, on the same footing, and with the same emphasis, and that while the
significance of national and regional particularities and various historical, cultural and religious
backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and
cultural systems, to promote and protect all human rights and fundamental freedoms. Moreover, said
resolution further reaffirms 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 the Universal Declaration of Human
Rights, 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.2

2. Problem

The main thrust of this study is to determine the human rights violation suffered by LGBT group in
the aspect of equality and non-discrimination. The study will also dwell on the measures provided
to suppress and prevent violations on human rights.

Background

Human rights encompasses sexual orientation and gender identity of an individual, thus, it should be
impartial and must equally apply to everyone. However, it cannot be denied that such was excessively
violated by many people in a number of ways which results to countless cases of inequality and
discrimination. In fact,

3.1 Scope and Limitation of the Study

This research study will cover discriminations and inequalities suffered by LGBT on the following
aspects:

a. Same-sex marriage

This aspect extends only to inequality as to laws granting the right to enter into marriage within the
Philippines.

b. Bullying and harassment

1
“Human Rights and Gay Rights” by Omar G. Encarnacion. P36
2
Human Rights Council. (2016, 15 july) United Nations General Assembly., Resolution adopted by the Human
Rights Council on 30 June 2016
 Due to time constraints, the researchers utilized published studies and articles, thus selected
only cases of bullying suffered by LGBT in school as well as harassment which pertains only to verbal
harassment.

c. Employment

The researchers only considered some instances with reference to human rights violation suffered by
LGBT in workforce, to wit:

3.2Definition of Terms

1. Sexual orientation
2. Gender identity
3. Discrimination
4. Human rights

4. Review of Related Literature

5. Presentation, Analysis and Interpretation of Study

6. Legal instruments, jurisprudence, frameworks

A. International

1. UDHR LGBT Rights Provision

Article 2 of the UDHR states the following:
Everyone is entitled to all the rights and freedoms set forth in this Declaration,without distinction of any kind,
such as race, colour, sex, language,religion, political or other opinion, national or social origin, property, birth or other status.

2. The International Covenant on Civil and Political Rights (ICCPR),

Article 2 of the ICCPR states the following:

Each State Party to the present Covenant undertakes to respect and to ensure to all individuals
within its territory and subject to its jurisdiction the rights recognized in the present Covenant,
without distinction of any kind, such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.

3. The European Convention LGBT Rights Provisions

Article 14 of the European Convention states the following:
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without
discrimination on any ground such as sex, race, colour, language, religion, political or other opinion,
national or social origin, association with a national minority, property, birth or other status.
 B. Local
1. Summary, recommendations and conclusions