Han Wi amnd REPUBLIKA NG PILIPINAS. LUNGSOD NG CEBU Werks aban TANGGAPAN NG SANGGUNIANG PANLUNGSOD ae CEBU CITY HALL TEL NOS 412-2817 2540004 42 SANGGUNIANG PANLUNGSOD “d SESSION Regular Session No, 56 EXCERPT FROM THE MINUTES OF THE REGULAR SESSION HELD BY THE SANGGUNIANG PANLUNGSOD OF THE CITY OF CEBU IN ITS SESSION HALL ON OCTOBER 17, 2012. PRESENT: Hon, Joy Augustus G. Young . Presiding Officer Hon. Augustus G, Pe Jt Majority Floor Leader Hon. Lea O. Japson ‘1 District Asst. Majority Floor Leader Hon. Raul D. Aleoseba “2 District Asst. Majority Floor Leador Hon. Sisinio M. Andales Member Hon. Alvin B. Arcilla ©. Member Hon. Roberto A, Cabarrubias tee. Member Hon. Ma. Nida G. Cabrera Member Hon. Ronald R. Cuenco Member Hon. Jose G. Dalu2 II! Member Hon, Alvin M. Dizon Member Hon, Margarita V. Osmena Member Hon. Richard Z. Osmof Membor Hon. John Philip E. Po Il Member Hon. Michael L. Ralota 2. Member Hon. Eduardo R. Rama Jr Le Member Hon. Noel Eleuterio G. Wencostae Member ABSENT: Hon, Rodrigo A. Abellanosa . . Presiding Officer Pro Tempore Hon, Edgardo C. Labella ve Member {Both On Leave} ---000~- RESOLUTION NO. 12-4365-2012 ‘Tho Sangguniang Panlungsod of the Gity of Cebus 36 moved by Members Dizon, M. Osmefia, Cabrera, Pol, Japson, and Pe Jr., and seconded by Member Andales; RESOLVED, to approve the following Ordinance: ORDINANCE NO. 2339 AN ORDINANCE PROHIBITING DISCRIMINATION IN THE CITY OF CEBU ON THE BASIS OF DISABILITY, AGE, HEALTH STATUS, SEXUAL ORIENTATION AND ‘GENDER IDENTITY, ETHNICITY AND RELIGION WHEREAS, Article Xl, Section 1 (a) of 1987 Philippine Constitution staes thal the enactment of measures that protect and enhance the right af the peopl to human dignity, reduce sactal, eoonomio, and poltical inequalities, and remove cultural inequies shall be given highest priory; WHEREAS, Article l, Section 11 of 1987 Philippine Conslituion states that the State values the dignty of every human porson and guarantees ful respect for human rights. Furthermore, Ati Il. Section Fat tho Conetlulion guaraniees that ‘no percon shall be deprived of lif, liberty, or property without due 100058 of law, nor shall any person be denied the equal protection ofthe kw; WHEREAS, the Philippines is slate party to several international agreements such as the Universal Declaration of Human Rights (UDHR), Intemational Covenant on Economia, Social and Cultural Righis (CESCR), the Intemational Covenant on Chil and Poliical Righls (JCCPR), the Convention on te {Srrination of all Forms of Racial Discrimination (CERD), the Convention on the Elimination of All Forms of VIN LIZ wEICE HF RECE oa& REPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD. CEBU CITY HALL TEL. NOS. 412-2817 254-9004 (Res. No, 12-4365-2012 Ord. No. 2339 dated Oct. 17, 2012, conte.) ~page 2- Discrimination Against Women (CEDAW), the Convention Against Torture (CAT), the Convention on the Righis of the Child (CRoC), the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) and the Convention on the Rights of Persons with Disabilities (CRPD)" thal seek to eliminate all forms of discrimination and abuse; WHEREAS, pursuant to the democratic precept which places high promium on the importance of fundamental human rights and entitlements, every person must be given equal access fo opportunities in all fields of human endeavors and to equitable sharing of social and economic benefits for them to freely ‘exercise the rights to which they are rightfully entiled, tree fom any prejudice and discrimination, WHEREAS, promoting and upholding thelr rights wil not only enhance their freedom, welfare, and ignity as humans, but wil also promote social justice as a wholo and wil contribute in the creation of a human rights culture in the county: WHEREAS, stigma and disciimination stil pervades especially against persons with disability, the senior citizens and elderly, children and youth, poople living with HIV, women, lesbians, gay, bisexuals, ‘ransgender (GBT), peaple with different religious persuasion and the indigenous peoples; WHEREAS, Cebu City in particular has recorded specific cases of discrimination, harassment and violence paricularly the series of pellel gun altacks deliberately directed against gays which resulted to the latter's physical injuries; and the 2008 ‘canister scandal” In Vicente Sotto Memorial Medical Center (VSMMC) Which involved medical professionals who performed a delicate surgery on a gay patient and recorded the procedure while laughing boisterously and shamelessly, then uploaded and sharing it via the ‘website Youtube, which incident caused the patient's serious humiliation and embarrassment; NOW THEREFORE, the Sangguniang Paniungsad of the Gity of Cebu, in a regular session assomblad, hereby ordains that: SECTION 1. TITLE. — This Ordinance shall be known and cited as *Cebu Cily Anti-Disorimination Ordinance, SECTION 2. DECLARATION OF POLICY. ~ It is hereby deolared as a policy of the City of Cebu to promote equality and to effectively eliminate all forms of disorimination that violate and offend the guarantee of equal protection of Human Rights as enshrined in the Bill of Rights and other existing laws as ‘well as in the various international conventions and obligations to which the country adheres, ‘SECTION 3. DEFINITION OF TERMS. — For purposes of this Ordinance, the following terms shall be defined as follows: a) Disabiliy refers to an individual with 1) a physical or mental impairment that substantially limits cone of more psychelogical, physiological or anatomical function of an individual or aclies of such indwvidual; 2) a record of such impairment; or 3) being regarded as having such impairment. ? b) Age refers to the person's lime of existence or duration of life. This is in reference to ageism where one is discriminated on the basis of age. ) Health status refers to both physical and mental health of an individual, group or populations as perceived by the individual or as diagnosed by a competent medical health officer. In particular, HIV-AIDS status of a person and health conditions such as but not limited to leprosy, hepatitis, ‘and tuberculosis among others, that subject them to social stigma * Ralifation of Intemational HR Treaties ~ Philippines. 2 Ropuble Act No. 7277, Magna Carta for Dieabled ParsonsREPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL TEL. NOS. 412-2817 254.9004 (Res. No, 12-4366-2012 Ord. No. 2339 dated Oct. 17, 2012, contd) ~page 3 - d) Sexual Orientation refers to the direction of emotional sexual attraction or conduct. This can be towards people of the same sex (homosexual orientation) or towards people of both sexes (bisexual orientalion) or towards people of the opposite sex (heterosexual orientation), 6} Gender Identiy rofors lo the personal sense of identity as characterized, among others, by manners of clothing, inclinations, and behavior in relation to masculine or feminine conventions. ‘A person may have a male or female identity with the physiological characteristics of the opposite sex, as in the case of transsexuals and transvestites, 4) Ethnicity refers to the characteristic of @ person or group of persons sharing a common and distinctive racial, national, religious, linguistic, cultural and indigenous heritage. @) Religion refers to a sot of beliefs conceming the cause, nature and purpose of the universe, ‘especially when considered as the creation of @ superhuman agency of agencies, usually involving devotional and titual observances, ard often containing a moral code govaring the conduct of human affairs, hy) Discrimination, for purposes of giving offect to this ordinances, shall mean any act or action committed lo manifest prejudice, bigotry, unequal treatment, exclusion, restriction, preference, humiliation and villfcation towards any individual oF group by reason of their disability, ago, health status, ‘sexual orientation, gender identity, elhnicily and religion and which has the purpose or effect of nullifying or impairing the recognition, enjoyment, or exercise by all persons ‘of an equal footing ofall rights and freedoms. SECTION 4, PROHIBITED ACTS. - Its hereby prohibited to discriminate any person andlor group of persons on the basis of their disabilly, age, health status, sexual orientation, gender identity, ethnicity and religion, Its unlawful for any person, natural or juridical, to: 2) Deny aocess to publie programs and services of any person; b) Refuse admission to or expel or dismiss a person from educational institutions on the basis of disabiliy, age, health status, sexual orientation, gender identily, ethnicity and religion, without prejudice to the right of educational institutions to determine the academic qualifications of their students; «) Refuse ot revoke the accreditation, formal recognition, and f or ragiatration of any organization, group, institution or establishment, in educational institutions, workplaces, communities, and similar satiings, solely on the basis of the disabilty, age, heallh stalus, sexual orientation, gender identity, ethnicity and religion oftheir members or oftheir target constituencies; «d) Deny a person's access to medical and other health sarvioas as well as to health insurance and other related benefits as provided for under the law? on the basis of disabilly, age, healt status, sexual orientation, gender identity, ethnicity and religion; 8) Deny a person's access to andlor the use of private and public establishments, facilis, ules, transportalion or services, incuding housing, that are open to the general public on the basis of disability, age, health status, sexual orientation, gender idenfiy, ethnicity and notwithstanding the existence of the person's capacity to comply or hisher actual compliance (- with the requirements set forth in order to access or enter such establishments; 2 Law on Senlor Ciizens and Magna Carta for disabled porsons.REPUBLIKA NG PILIPINAS LUNGSOD NG CEBU ‘TANGGAPAN NG SANGGUNIANG PANLUNGSOD, CEBU CITY HALL TEL. NOS, 412-2817 254-9004 (Res. No, 12-4365-2012 Ord No. 2339 dated Oct. 17, 2012, conte) re ‘There isa denial when, among others: ul] ‘ person is given inferior accommodations or services; and ‘jection of any application, enity and paricipation solely on the basis dsabilly, age, health satus, sexual orientation, gender idenily, ethnicity and religion. Subject or force any person to any medical or psychological examination without the expressed approval of the person involved on the basis of perceived disability, heath status, sexual ofientaion, gender identity and ethnicity; Provided, that such person’ fs nat peychologeally Incapacitatad as deletmined by competent authoriy. SECTION 5. ANTI-DISCRIMINATION PROGRAMS. ~ Tho Cebu City Government shall endeavor 'o ensure that discrimination is prevented and effectively addressed through the following programs: a) b) 4 Disorination and Stigma Reduction Program: The Cebu City Government shall allocate funds to address discrimination and sligina which has the following components: 1 Capacity Building and Educafion Campaign, To curb social stigma and oliminale isorimination, a comprehensive consciousness and awareness-raising campaign end developing knowledge, hamessing skil, and values formation on respect for human rights ‘and human dignity shall be undertaken public and privalo insitutons, establishments, ‘organizations and communities. Further the program shal include the folowing: it Discrimination and Stigma Studies and Databank. Fund shall be allocated for stigma and discrimination case documentation, resoarchs and information dissemination as well 2s ‘setup a databank of diferent cases and experiences of stigma and discrimination. Discrimination and Stigma Monitoring. This refers to monitoring of discriminating articles, songs, videos, books and other materials published in print media and the internet, broadcasted through television and radio and fing the appropriate charges. ‘Access to Scholarships, Skils, Employment and Liveliiood Opportunitios. The Cebu City Government shall ensure that all persons have equal access to scholarships, ckls trainings, employment, livelihood opportunities and microfinance opportunities and ensure equitable ‘20cess to persons who by reason of disabilly, age, heallh status, sexual orientalian, gender Identity, ethnicity and religion are discriminated, ‘Access 10 Legal Representation. The Cebu City Government shall facilitate and assist thet Vitis of stigma and discrimination are afforded legal representaiion when documenting and filing cases as well within the duration ofthe case. Policy Review. The Cabu City Government shall ensure thel al policies embodied in resolutions, ordinances, codes and olher policy documents. are free fram discriminatory saloments and provisions and undertake necessary amendments of those provisions to ‘ffoctvely eliminate discrimination, stigma and stereotypes.REPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL TEL. NOS. 412-2817 254-9004 (Res. No, 12-4365-2012 Ord, No, 2339 dated Oot. 17, 2012, conid) -page 5- ‘SECTION 6. IMPLEMENTATION. — 1 The Cebu Gy Government trough the Dapartnon! of Social Weltare and Services (DSW), in Arosraton wih the Ofice of Senior Ciizens Affairs and the Cebu Cly Women and Fail jiats Commission, among others, shall be direcly and. primary responsible: for in, Inplementation of the provisions of this Ordinance. It shall be the duty of DSW lo coordinate Provisions of Section 4; Provided, that an An-Disorimination Commission under tre Department of Social Wellare and Services shall be created within one (1) yea tom he effectivity ofthis Ordinance, 2 g i i = z = z . : : ingang Pambarangay inline with the provisions Sie teeal Government Code: Provided, tha bth patios are residents ofthe same barangay otherwise, the case shall be fled direct in court 3 2 : 3 : z A 2 i 3 z i : Women, Indigenous Peoples Rights Act, among others. There is work-talatod deeming rec ably, age, health status, sexual oranlaion, andr ideniy, ethriiy and rlion we included in te eitera for hiring, promotion and dismissal of workers, when te sane ae Unmaterial to the nature of the work roquired, and in the determination of employea's Compensation, training, incentives, privileges, benofits or allowances, and olher tame end ‘conditions of employment, Eiszrmination duo to the dorial of an application or revocation of a professional Hoense, Sesfance, cerllication or any other document issued by any goverment authonty dug ke acplcants csabiliy, age, health slalus, sexual orientation, gender ‘ently, ethnic ena religion shall be handled by the appropriate administrative agencies of governmon! iver {ranis such license, clearance, cerfifcation and other documents without projudice to recource by the vietims with the appropriate court and other concerned government agencies, 4) SECTION 7. PENALTIES. — in Parson or ently who violates any provision of this Ordnance shall suffer tho follwing Oraduated peraliac: () First offense The offender violating the Ordinance shall be penalized with a fine of One Thousand Pesos (P1,000.00) or an imprisonment of one (1) day 'o thirty (30) days, or both, at the discretion ofthe court (b) Second offense ‘The offender violating the Ordinance shall be penalized wih afine of Three Thousand Pesos (P3,000.00) or an imprisonment of one (1) day to thirty (30) days, or both, atthe discretion of the court ioeREPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD, CEBUCITY HALL TEL. NOS, 412-2817 254-9004 (Res. No, 12-4366-2012 Ord, No. 2339 dated Oct, 17, 2012, contd) raiete- (6) Offenses committed a third timo or oflener : The effander violating the Ordinance shall bs ‘penalized wih a fine of Five Thousand Pesos (P5,000.00) or an imprisonment of one (1) day 10 thity (90) days, or both, al the discretion of te court SECTION 8, SEPARABILITY. — if any provision or part horeof is held invalid or unconsituiona, the remainder ofthe Ordinance or the provision of otherwise affected shall remain valid and subsisting, SECTION 9. EFFECTIVITY. — This ordinance shall lake elloctfitleon (15) days after its publication lina newepaper of goneral crculaion CARRIED UNANIMOUSLY. ~000— | horaby cari tothe correctness ofthe aforequated resolutiowordinance. Om CYNTHIA M. KAHULUGAN ‘Acting Socrotary to the - PR ig Officer ge wt ike