MODULE 5

LANDMARK LEGISLATIONS AND

INTERVENTION MEASURES

LESSON 1 INTERNATIONAL WOMEN’S

RIGHTS FRAMEWORK

LESSON 2 CHAMPIONING WOMEN’S

RIGHTS IN THE PHILIPPINES

LESSON 3 INTERVENTION MEASURES

AGAINST HOMOPHOBIA,
TRANSPHOBIA, AND HATE
CRIMES BASED ON SOGIE

1
  INTRODUCTION

Government intervention plays an important role in addressing any form

of gender-based violence in society. In preventing and responding to GBV,
there is a need to improve and increase the legislations and policy frameworks
that champion the rights of women to ensure that the perpetrators of such acts
will be held accountable in the face of the law. This is directly linked to what
you have learned in Module 2 as it is manifested that the wide number of laws
and policies on women’s rights are a product of the historical waves of feminist
movements across the globe. Thus, the creation and assertion of laws
protecting women in the present time must also echo the struggles of various
organizations to ensure that these laws promote gender equality and protect
women from discrimination and violence.

This module aims to lay the foundation of women’s rights based on the
international framework established by the United Nations (UN). As mentioned
in Module 3, the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW) has identified GBV as an extreme form of
discrimination that invalidates the enjoyment of people’s rights and
fundamental freedoms. Since the Philippines is one of the member states of
the UN, the module will also recognize the policies that aim to improve the
status of women in society.

Aside from women across the world, lesbians, gays, bisexuals,

transgenders, and intersex people also face high levels of discrimination and
violence worldwide due mainly to their deviation from the usual binary
arrangement. It is, therefore, necessary for states to review and re-structure
existing policies and practices in various institutions that continue to
discriminate individuals based on their sexual orientation or gender identity. In
combating gender inequality, the hope for the future is a society where
individuals are respectful of the dignity and rights of all persons, regardless of
sex, gender, and sexual preference.

OBJECTIVES

At the end of this module, the student will be able to:

1. understand the role of UN in promoting and protecting women’s

rights;

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 2. situate the international human rights framework in the context of
existing policies in the Philippines;

3. examine the discriminatory laws and practices that LGBT individuals

and intersex people face; and

4. look into recommendations from the good practices of progressive

states in combating discrimination and violence against LGBT individuals
and intersex people.

 DIRECTIONS/ MODULE ORGANIZER

1. Study each lesson in the module.
2. Answer the learning activities and the summative test that follow.
3. Go over the items missed in every learning activity/test.
4. Write your answers on Word doc or on a piece of paper. Submit your
assignment and other requirements as PDF in the Google Classroom.

 LESSON 1: INTERNATIONAL WOMEN’S

RIGHTS FRAMEWORK
United Nations and CEDAW

In the global setting, the foundation of the United Nations (UN) has
paved the way for the discussion of gender equality between men and women
as one of the fundamental rights that human beings should enjoy. As an
international governing body, UN has mandated its member states to avoid
and prohibit actions that violate human rights and also to undertake positive
steps to ensure that such violence will not take place through the
identification of the rights of women and the assigning of corresponding
obligations of each national government to protect and promote such rights.

The starting point for this movement was the Universal Declaration of
Human Rights adopted in 1948. In the drafting of the said declaration, there
was a significant discussion of the use of the term “all men” in treatises and
legislations instead of a more gender-neutral term. The adoption of the term
“all human beings” and “everyone” in all UN declarations was one of its
achievements conforming to its underlying principle of equal entitlements of
human beings regardless of sex (UN 2014). Although a universal declaration has

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been made and has marked a moral milestone on many countries, it lacked the
force of the law. Thus, it is important to manifest its principles in treaties and
conventions in order to establish legally binding documents that will champion
the rights of women.

Here is a timeline of the international conventions and legal documents

that followed the Universal Declaration of Human Rights:

• 1948. After the adoption of Universal Declaration, the Commission of

Human Rights began drafting the International Bill of Human Rights,
which is composed of (1) International Covenant on Civil and Political
Rights and the (2) International Covenant on Economic, Social, and
Cultural Rights (Reinsberg 2014).

In some societies, women are forced to play their “natural” roles

as child-bearers, mothers, and wives to their husbands and are not given
opportunities to hone their potentials outside their homes. By ensuring
their civil and political rights, they are given fundamental freedoms that
men also enjoy, such as the right to vote, the right to liberty and
security of person, and freedom from any form of violence that some of
their communities have already normalized. On the other hand, by giving
men and women economic, social, and cultural rights, they are all
entitled to the social services that their governments provide, such as
the right to adequate medical care, the right to work, the rights relating
to marriage, maternity and child protection, and the right to education.

• 1979. The Convention on the Elimination of All Forms of

Discrimination Against Women (CEDAW) was adopted by the General
Assembly after its long process of legalization to emphasize that despite
the International Bill of Human Rights and other instruments, women
still do not enjoy equal rights with men (Samet et al. 2010). This is the
current international framework that member nations follow to provide
the bare minimum of women’s rights.

As compared to the first instruments used by the international

community, CEDAW is exclusively concerned with promoting and
protecting women’s human rights as they continue to become victims
of patriarchy. In our discussion of patriarchy, you learned that its image
in society is not limited to the physical violence of male-dominated
organizations against women. It can also be found in the ideals that
women follow in order for them to be called “women”, such as

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 standards of fashion, beauty, motherhood, and heterosexuality. This is
problematic because it does not give women opportunities to follow
their own path and be free from any form of gender-based violence. In a
sense, the rights that are given to women do not reflect their political,
economic, cultural, and social conditions and they continue to become
victims of various forms of discrimination.

CEDAW defines discrimination as “… any distinction, exclusion or

restriction made on the basis of sex which has the effect or purpose
of impairing or nullifying the recognition, enjoyment or exercise by
women, irrespective of their marital status, on a basis of equality of
men and women, of human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other field (UN
1979).” To address problems faced by women, the Convention mandates
its member nations to improve the status of women through appropriate
legislation prohibiting discrimination and ensuring the legal
protection of women’s rights. In Module 3, you learned that
governments have a strong influence in ending any form of gender-based
violence by institutionalizing and strengthening legal and policy
frameworks for the perpetrators and victims of GBV. In this case, when a
husband is proven guilty to be slapping, hitting or sexually harassing his
wife, the national government has the right to override the privacy of
their home and create measures that will hold accountable the husband
and provide physical and psychological support for the wife. Aside from
addressing GBV, CEDAW also pressures nations to re-structure their
social arrangements so as to accommodate more opportunities for
women in healthcare, employment, education, and income level since
they also affect the condition and place of women in society.

• 1990s to 2000. The emergence of international women’s rights

movement has called on the UN to strengthen its human rights
mechanism for the advancement of women. Through a series of human
rights conventions, a complaint procedure was adopted for CEDAW.

The Optional Protocol has entered into force in 2000 as an

individual complaint system by which individual citizen or groups may
submit complaints to CEDAW (Reinsberg 2014). When the committee has
received the complaint, the mandate is to pressure the involved state to
take charge and adopt provisional measures to protect the victim of a
human rights abuse from further harm. In a sense, the binding
agreement between the CEDAW Committee and member states creates

5
 opportunities for states to provide more effective local remedies and to
eliminate discriminatory laws and practices (Samet et al. 2010).

• Early 2000s. Other human rights treaty bodies of the UN, aside from
CEDAW, also continued to address the human rights of women in their
general comments and concluding statements (UN 2014). This movement
has opened the various dimensions and situations of women in need of
protection. Here are some of the salient inclusions and revisions:

1. Committee on the Elimination of Racial Discrimination adopted

general comment XXV on gender-related dimensions of racial
discrimination (2000). In the past modules, particularly on Module 2, you
learned that the oppression of women does not solely depend on their
gender as it can also be influenced and magnified by their race,
nationality, or religion. In this case, a black woman is more prone to
being discriminated in a Western male-dominated corporate system than
a white woman.

2. Committee on the Rights of the Child addressed the situation of the

girl child in several of its general comments (2005). In Module 3, you
learned that young girls are usually victims of violence rooted in
tradition. For instance, Female Genital Mutilation (FGM) is practiced in
some countries to young girls between the ages of four and twelve as a
rite of passage for them in entering womanhood. Although deeply
embedded in their culture, FGM has called the attention of the
international community as it leaves young girls with no choice but to
undergo circumcision for social acceptance. Aside from the damage that
it can cause to their bodies, you learned that FGM is also a human rights
issue since it denies women to recognize and enjoy their fundamental
rights and freedoms, such as right to life, right to physical integrity, and
right to health. Moreover, honor violence and early marriage also
contribute to this narrative as they expose young girls to several
complications.

3. The Convention on the Protection of the Rights of All Migrant

Workers and Members of Their Families and the Convention on the
Rights of Persons with Disabilities also recognized the multiple
dimensions in analyzing the condition of women by zooming in issues
concerning employment and disability.

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 The treatises and conventions that are made to champion
women’s rights can be characterized to be following the concept called
“intersectionality”. From an intersectionalist perspective, a woman’s
risk of being a victim of discrimination is magnified by other aspects
of her identity, including race, ethnicity, language, sexual
orientation, gender identity, migrant status and disability. While all
women are experiencing the pressure of patriarchal standards since it
already considered as a global reality, women with their diverse
dimensions and affiliations are also simultaneously experiencing
structural problems, such as racism, heterosexism, and capitalism. In
Module 4, you learned that a black woman can be a victim of racism, a
homosexual woman might experience homophobic comments from the
online world, and women from developing nations can continue to
become slaves of transnational corporations. Thus, it is important for
governments to recognize these sociocultural situations of women to
grasp a contextual understanding of the problem in creating measures
towards eliminating discrimination and sexist stereotypes.

 LEARNING ACTIVITY 5.1

ESSAY. Write briefly but comprehensively.
1. How should governments champion women’s rights and end any form
of discrimination against women?
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________

7
 LESSON 2: CHAMPIONING WOMEN’S RIGHTS
IN THE PHILIPPINES
Local Legislations that Champion Women’s Rights

In the past lesson, you learned that CEDAW is the human rights
international framework that member nations have to follow in order to
promote women’s rights and protect them from any form of discrimination in
social institutions. As one of the member nations of the UN, the Philippine
government has the responsibility to improve the status of women in society
by institutionalizing and strengthening such legal and policy frameworks. In
Module 3, you learned that combating gender inequality through government
intervention has to be done in two ways: (1) create laws that directly address
gender-based violence, and (2) increase the capacity of women by
improving their place and status in terms of healthcare, employment,
education, and income level. Under national and international law, it is also
mandated that perpetrators of violence and discrimination against women must
be held accountable even if they are part of the forces of the government.

GABRIELA, a national alliance of women’s organization in the

Philippines, has identified the seven deadly sins committed against women that
our national government needs to respond to: (1) sex trafficking and
prostitution, (2) domestic violence, (3) rape, incest and sexual abuse, (4)
sexual harassment, (5) violence as a result of political repression, (6) sexual
discrimination and exploitation, and (7) limited access to reproductive
healthcare (UN n.d.).

In the context of the Philippines, here are the important legislations that
champion women’s rights and their salient provisions:

Local Legislation Description Identified Crime/ Penalties/ Programs

Problem(s)

Republic Act “an act expanding • RAPE • Reclusion Perpetua

8353/ The Anti- the definition of (life imprisonment)
Rape Law of 1997 the crime of rape, Rape is committed
reclassifying the
1. “by a man who
same as a crime
shall have carnal *In cases where the
against persons,
knowledge of a legal husband is the
amending for the
woman under any of offender, the
purpose Act No.
the following forgiveness by the
3815, as amended,
wife as the offended

8
otherwise known circumstances: party shall extinguish
as the revised the criminal action
penal code, and a. through force, or the penalty
for the purposes” threat or imposed
intimidation;

b. when the
offended party is
deprived or reason or
otherwise
unconscious;

c. by means of
fraudulent
machination or grave
abuse of authority;
and

d. when the
offended party is
under twelve (12)
years of age or is
demented, even
though none of the
circumstances
mentioned above be
present.

2. by any person
who, under any of
the circumstances
mentioned in
paragraph 1 hereof,
shall commit an act
of sexual assault by
inserting his penis
into another person's
mouth or anal
orifice, or any
instrument or
object, into the
genital or anal
orifice of another

9
 person.”

Republic Act “an act promoting • GENDER • Prioritize rural

7192/ the integration of INEQUALITY AND projects and
women as full and LACK OF provide income and
Women in equal partners of PARTICIPATION OF employment
Development and men in WOMEN opportunities to
Nation Building development and women in the rural
Act nation building areas
and for other
purposes”
• Ensure the active
involvement of
women’s groups in
the formulation of
development
programs and
policies

• In all contractual
relations, women
shall enjoy equal
rights with men
under similar
circumstances (e.g.
agricultural credit,
loans, non-material
resources,
passport, visas and
other travel
documents)

• Women shall enjoy

equal membership
in all organizations
devoted to public
purpose

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 • Admission to
military schools

• Marriage persons
who devote
fulltime managing
their homes shall
be entitled to
voluntary PAG-IBIG,
GSIS, and SSS

Republic Act “an act declaring • ALL FORMS OF • It is the duty of

7877/ sexual harassment SEXUAL the heads of
unlawful in the HARASSMENT institution to
Anti-Sexual employment, provide
Harassment Act of education or procedures for
1995 training the resolution,
1. In a work-related
environment, and settlement and
or employment
for other prosecution of
environment, sexual
purposes” acts of sexual
is committed when
(1) the sexual favor harassment.
is made as a
condition in the
hiring or in the • Any person who
employment, (2) violates the
employee’s rights or provisions of this
privileges under Act shall, upon
existing labor laws conviction, be
are impaired and (3) penalized by
employee has no imprisonment of
choice but to work in not less than one
an intimidating, (1) month nor
hostile, or offensive more than six (6)
environment. months, or a fine
of not less than
Ten thousand
2. In an education or pesos (P10,000)
training nor more than
environment, sexual Twenty thousand
harassment is pesos (P20,000),

11
 committed (1) or both such fine
against one who is and imprisonment
under the care, at the discretion
custody, or of the court.
supervision of the
offender, (2) against
one whose
education, training,
apprenticeship, or
tutorship is
entrusted to the
offender, (3) when
the sexual favor is
made a condition to
the giving of a
passing grade, or the
granting of honors
and scholarships, or
the payment of a
stipend, allowance
or other
benefits, privileges,
or consideration, or
(4) when the sexual
advances result in an
intimidating, hostile
or offensive
environment for the
student, trainee
or apprentice.

Republic Act Violence against • GENDER-BASED • Imprisonment

9262/ women “refers to VIOLENCE, MORE depending on the
any act or a series PARTICULARLY, degree of the
Anti-Violence of acts committed DOMESTIC crime
Against Women by any person VIOLENCE OR
and Their against a woman INTIMATE
Children Act of who is his wife, PARTNER
2004 • In addition to
former wife, or VIOLENCE
imprisonment,
against a woman
the perpetrator
with whom the
shall (a) pay a
person has or had
It can be in the form fine in the

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a sexual or dating of: amount of not
relationship, or less than One
with whom he has (1) physical violence hundred thousand
a common child, – physical or bodily pesos
or against her harm as a result of (P100,000.00) but
child whether pushing, hitting, not more than
legitimate or slapping, kicking, three hundred
illegitimate, choking beating, or thousand pesos
within or without even (300,000.00); (b)
the family abode” throwing objects at undergo
the victim mandatory
psychological
counseling or
psychiatric
(2) sexual violence – treatment and
rape, sexual shall report
harassment, compliance to
prostituting woman the court
or child among
others

(3) psychological
violence -
intimidation,
harassment, stalking,
damage to property,
public ridicule or
humiliation,
repeated verbal
abuse and marital
infidelity

(4) economic abuse –

making a woman
financially
dependent by taking
away her basic
necessities and
preventing her from
engaging in any
legitimate

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 profession,
occupation, business
or activity

Republic Act “The MCW is a GENDER INEQUALITY • Provision for

9710/ comprehensive AND DISCRIMINATION equal access
women's human and
Magna Carta of rights law that elimination of
Women seeks to eliminate discrimination
discrimination in education,
through the scholarships,
recognition, and training
protection,
fulfilment and
promotion of the
• Promotion of
rights of Filipino
gender
women, especially
balance in
those belonging in
government
the marginalized
positions by
sectors of the
increasing the
society. It conveys
number of
a framework of
women
rights for women
employed in
based directly on
third level
international law.”
positions

“It is the local

• Non-
translation of the
discrimination
provisions of the
in
CEDAW,
employment
particularly in
in the field of
defining gender
military,
discrimination,
police and
state obligations,
other similar
substantive
services
equality, and
temporary special
measures.”
• Non-
discriminatory
and non-

14
 derogatory
portrayal of
women in
media and
film

• Mirroring
CEDAW, the
government
has the
responsibility
to ensure that
development
programs and
policies will
address the
lack of
opportunities
and rights for
women and
will end any
form of
discrimination
against
women

Republic Act “…the duty of the LACK OF • Prioritizing

10354/ State to protect KNOWLEDGE AND effective and
and strengthen the PROTECTION OF quality
The Responsible family as a basic WOMEN’S reproductive
Parenthood and autonomous social REPRODUCTIVE healthcare
Reproductive institution and HEALTH AND RIGHTS services must be
Health Act of equally protect given to ensure
2012 the life of the maternal and
mother and the *Manifestations child health
life of the unborn include high through
from conception.” percentage of information
maternal and infant dissemination and
complications and giving of

15
“…the State mortality, and healthcare
recognizes and increasing number of supplies
guarantees the people who have
promotion of Sexually Transmitted
gender equality, Diseases (STDs)
• Promotion of all
gender equity,
methods of
women
family planning,
empowerment and
including
dignity as a health
effective natural
and human rights
and modern
concern and as a
methods
social
responsibility. The
advancement and
protection of • While recognizing
women’s human that abortion is
rights shall be still illegal and
central to the punishable by the
efforts of the law, women
State to address needing care for
reproductive post-abortive
health care.” complications
and all other
complications
arising from
pregnancy, labor
and delivery and
related issues
shall be treated
and counseled in
a humane,
nonjudgmental
and
compassionate
manner in
accordance with
law and medical
ethics

• Involvement of
the national
government,

16
 local government
units (LGUs),
private sector,
and women’s
organizations in
the process of
creating people-
centered
programs

(Data from Philippine Commission of Women; summarized by the author)

 LEARNING ACTIVITY 5.2

IDENTIFICATION. Identify the local legislation that is described in each

number. Choose your answer from the box below.

RA 8353 RA 7877 RA 9710

RA 7192 RA 9262 RA 10354

_______________1. Identified all forms of sexual harassment, be it in a work-

related environment or education setting, as a crime in front of the law.

_______________2. It is the local translation of the provisions of CEDAW

_______________3. An act expanding the definition of the crime of rape

_______________4. An act responding to the high percentage of maternal and

infant complications and mortality, and increasing number of people who have
STDs

_______________5. An act eliminating discriminatory and derogatory portrayals

of women in media and film

_______________6. Its penalty is life imprisonment except in cases where the

legal husband is the offender

_______________7. It recognizes that violence can exist in the forms of

physical, sexual, psychological, and economic abuse

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_______________8. An act promoting gender balance in government positions
by increasing the number of women employed in public service

_______________9. An act prioritizing rural projects and providing income and

employment opportunities to women in the rural areas

_______________10. Aside from imprisonment depending on the degree of the

crime committed, the perpetrator has to undergo mandatory psychological
counseling or psychiatric treatment.

_______________11. One of its penalties is imprisonment of not less than one

month nor more than six months

_______________12. An act allowing women to enjoy equal membership in all

organizations devoted to public purpose

_______________13. An act promoting all methods of family planning, including

effective natural and modern techniques

_______________14. An act that pressures heads of institution to provide

procedures for the resolution, settlement and prosecution of acts of sexual
harassment

_______________15. It recognizes the duty of the State to protect and

strengthen the family as a basic autonomous social institution

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 LESSON 3: INTERVENTION MEASURES AGAINST
HOMOPHOBIA, TRANSPHOBIA, AND HATE CRIMES
BASED ON SOGIE
I. HOMOPHOBIA, TRANSPHOBIA, HATE CRIMES, AND THEIR IMPLICATIONS

In Module 3, you learned that lesbians, gays, bisexuals, transgenders,

and intersex people face high levels of discrimination and violence
worldwide due mainly to their deviation from the usual binary arrangement
between male and female. As a result of attitudes and beliefs that we pick up
from parents, schools, communities, religious leaders, and social influencers,
we tend to develop fear or dislike to these sexual orientations and gender
identities that do not conform to what we are accustomed to, which makes
them at high risk of experiencing social exclusion, discrimination, and worst of
all, hate crimes. According to our previous discussions, these irrational fears
are called:

1. Homophobia – an irrational fear of, and aversion to, homosexuality

and to lesbian, gay, bisexual persons based on prejudice

2. Transphobia – an irrational fear of, and aversion to, transgender

persons’ gender nonconformity based on prejudice

(Perry and Franey 2017)

As a result of these prejudices, various forms of hate crime or direct

violence are experienced by the LGBT community and intersexual people
worldwide. In terms of direct violence, hate-motivated killings of LGBT
individuals have been documented by the United Nations in all regions and they
also continue to become victims of non-lethal violence on the grounds of their
sexual orientation or gender identity. In the Syrian Arab Republic, for instance,
there have been cases where security agents and non-state armed groups used
rape and torture of gay men as a form of punishment since homosexuality is
still considered as a mortal sin in their country (UN 2015). Moreover,
“corrective measures” applied to women and girls, who are lesbians or thought
to be lesbians, by forcing them to marry men or even involve them with sexual
affairs with men, are also manifestations of hate crimes against the LGBT
community. In the case of intersex children, they are prone to experiencing
torture and ill-treatment when they are forced to undergo medical procedures,
including “conversion” therapy, sterilization, gender reassignment, and other
unnecessary medical interventions (Ibid.).

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 Violence can also be manifested in the discriminatory laws and
practices that LGBT community and intersexual people face in their
everyday lives. In Module 3, you learned that discrimination is defined as an
unjustified and an unequal treatment towards an individual or a certain group
of people. Although we have continuously emphasized the value of government
interventions in solving gender-based violence and discrimination, there are
still laws, policies, and programs executed by state authorities that continue to
demean individuals based on their sexual orientation or gender identity. Based
on the report of the United Nations in 2015, here are the examples of laws that
discriminate against the diversity of individuals:

1. Laws criminalizing homosexuality and other laws used to penalize

individuals because of sexual orientation or gender identity

In some countries, same-sex relationships and cross-dressing are

typically considered as crimes against the order of nature or
morality and “violators” are subjected to lashings, life
imprisonment, and death penalty

2. Death Penalty

This is applied as a form of punishment for the conduct of

homosexual behaviors in Iran, Mauritania, Saudi Arabia, Sudan,
Yemen, Nigeria and Somalia.

3. “Anti-Propaganda” Laws

The conduct of public educational discussion concerning sexual

orientation or gender identity is not allowed as it is considered to
be corrupting the youth into believing non-traditional sexual
relations or identities.

Aside from these laws, here are prevalent discriminatory practices that
the LGBT Community and intersexuals continue to experience in various fields:

FIELD(S) MANIFESTATION(S)

Healthcare • discriminatory policies of the state

deny transgenders’ access to
appropriate healthcare treatment

• the practice of “conversion”

therapies in order to “cure”

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 homosexual conduct

• forcing intersex children to undergo

unnecessary medical surgery or sex
assignment operation to align with
binary sex stereotypes

Education • high levels of bullying and abuse by

school staff and schoolmates

• limiting or even altering information

related to sexuality

• using materials that contain

stereotypes and prejudices against
non-binary arrangements

Employment • prejudices influence employers in

firing or refusing to hire LGBT
persons

• denial of workplace benefits

available to heterosexual employees

Housing • some public and private landlords

deny LGBT individuals and same-sex
couples leases

• neighbors resorting to various forms

of harassment to force individuals to
move

• many LGBT-identifying adolescents

and young adults being thrown out of
their homes by disapproving parents

Membership to • raiding of offices of LGBT groups by

Organizations police officers

• not being allowed to hold meetings,

workshops, and cultural events that
manifest political and artistic
expression

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 • the annual “PRIDE” marches being
opportunities for state and non-state
actors to commit violence and
harassment against LGBT persons and
their supporters

Family and • individuals being physically assaulted,

Community raped, excluded from family homes

• children being prevented from going

to school and are required to undergo
“corrective” measures such as forced
heterosexual sexual intercourse and
early marriage

(Data from Office of the United

Nations High Commissioner for
Human Rights 2015; summarized in
tabular form by the author)

Like what we have discussed in Lesson 1, the “intersectionalist”

perspective must be used to understand and reflect on the different
experiences of LGBT persons and intersexuals. The discrimination against these
individuals is also magnified by other identity factors, such as sex, ethnicity,
age, religion, and various socio-economic factors.

 LEARNING ACTIVITY 5.3.1

ESSAY. Write briefly but comprehensively.

1. How can homophobia and/or transphobia lead to hate crimes and

discrimination against LGBT and intersex persons?

____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________

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____________________________________________________________________
____________________________________________________________________

II. INTERVENTION MEASURES

In recent years, awareness about discrimination and violence that target

LGBT persons and intersex people has spread in several platforms. International
organizations, civil society groups, states and human rights institutions have
already recognized the global reality of the rainbow community experiencing
killings, torture, arbitrary detention, and widespread discrimination in access
to healthcare, education, employment, and housing to name a few. Although
some governments are taking necessary steps and creating positive
developments, whether in the form of revisions in policy frameworks or review
of social and education programs, it can be manifested in 2016 that little
analysis has been done in the international level to evaluate existing concrete
policies and look into remaining gaps and challenges. Through a consolidation
of policy initiatives from several countries in every region of the world, the
United Nations has established an international human rights framework on
living freely and equally, highlighting policy trends and positive
developments in 65 countries.

In the previous discussion, you learned that discriminatory laws and

practices continue to demean individuals based on their sexual orientation or
gender identity. Since you have already learned the value of government
intervention in solving gender-based violence and discrimination, it is primarily
important to survey the laws and policies that we are still following and
enforced by state actors. As we move forward in creating a society where
everyone is enjoying the bare minimum of human rights, the elimination of
laws that discriminate against LGBT persons can be done by following these
measures:

1. The starting point is the public assertion of officials and leaders

condemning violence based on sexual orientation, gender identity, and
sex characteristics.

2. To complement these statements, government officials must follow a

multi-faceted response that is grounded in a national human rights-
based strategy, engaging state actors, non-government organizations,
and civil society groups in monitoring and preventing violence, adopting

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 appropriate legislation, and ensuring that victims receive support and
remedy.

3. The institutionalization of effective training programs for law

enforcement personnel is vital to equip them with the appropriate
knowledge concerning the plight of LGBT persons and intersex people.

4. Since laws criminalizing homosexual conduct still exist, it is necessary

to encourage states to address any legal ambiguity and related
uncertainty through an explicit review of provisions that still relate
consensual same-sex activity to “acts against the order of nature.” This
move is also applicable in examining the criminalization of “cross-
dressing” in some countries that transgender people face.

5. Combating misinformation, myths, and stereotypes about gender

roles, sexual orientation, gender identity and expression, and sex
characteristics through public awareness-raising campaigns is
obligatory to ensure that the general public has access to accurate and
timely information.

(United Nations 2016)

In terms of fighting discriminatory practices, UN has also identified

measures to undertake from the consolidated positive developments in several
countries:

FIELD(S) RECOMMENDED PROGRAM(S)

Healthcare • Within healthcare, states

should:

(1) ban discrimination and combat

stigma against LGBT and intersex
patients by providing relevant
training and guidance to care
professionals

(2) ensure that the specific health

needs of LGBT and intersex people
are addressed by mainly not treating
them as diseased and in need of
curing

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 • In South Africa, the
improvement of health
services without
discrimination on the basis of
sexual orientation and gender
identity is an important part
of the national strategy on
adolescent sexual and
reproductive health rights.

• In Malta, there is a legislation

adopted for anyone seeking
counselling, support or
medical interventions relating
to their sex or gender. The
legislation also places
emphasis on informed
consent.

Education • In terms of education, states

should:

(1) ban discrimination against LGBT

and intersex students

(2) put in place effective anti-

bullying policies and programs

(3) include information about LGBT

and intersex people in school and
teaching curricula

• In Taiwan, the adoption of

legislation concerning gender
identity and sexual

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 orientation has pressured
educational institutions to
tackle gender stereotypes in
school curricula and prohibit
any form of discrimination in
the education sector.

• In the United States, the

Department of Education has
issued guidelines to schools on
how to respect the gender
identity of transgender
students by using their self-
identified genders, names,
and pronouns, and allowing
them access to restrooms and
other sex-segregated
activities and facilities
consistent with their self-
identified genders.

Employment • Within employment, states

should:

(1) provide guidance to employers on

how they can tackle discrimination
against LGBT and intersex people

(2) support marginalized LGBT and

intersex people to access the labor
market

(3) raise awareness, including

through public information
campaigns

• In Uruguay, marginalized trans

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 people have been prioritized
in job vacancies at the
Ministry of Social
Development and within the
“Uruguay Trabaja” programs.

Membership to • In upholding freedoms of

Organizations expression, association and
peaceful assembly of LGBT
and intersex people, states
should:

(1) safeguard human rights defenders

(2) lift restrictions on pride marches

and other peaceful gatherings, and
protect participants from violent
attacks

(3) repeal “anti-propaganda” laws

and laws against cross-dressing

(4) remove restrictions to

registration and work of civil society
organizations

• In the Republic of Moldova

and in Croatia, public officials
participated in a Pride March
which required police
protection as a result of
violent attacks. In a sense,
the participation of public
officials in marches and
assemblies in favor of the
protection of the rights of
LGBT and intersex persons can
create more impact in
positively changing public

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 attitudes.

Family and Community • provide legal recognition to

same-sex couples and their
children and ensure that they
are not discriminated with
regards to benefits, pensions,
taxation, and inheritance

• there should be no restrictions

on parenting or adoption on
the basis of a person’s gender
identity or expression

• 22 countries have already

adopted measures providing
for civil union/marriage
between same-sex couples on
an equal basis as different sex
couples which is a
constitutional promotion of
equality, non-discrimination,
and human dignity.

• In Belgium, the enactment of

a legislation has allowed
automatic recognition of
parenthood for a same-sex
partner in relation to the
biological child of their
partner without going through
adoption proceedings.

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 (Data from United Nations’ Living Free and
Equal: What States are Doing to Tackle
Violence and Discrimination Against
Lesbian, Gay, Bisexual, Transgender, and
Intersex People (2016); summarized by the
author)

Although there is a growing number of states in all regions that are

taking necessary steps to implement their obligations and responsibilities under
international human rights law, it can be manifested that challenges and gaps
are still apparent in some areas with the slow pace of legal reforms in
relation to reviewing discriminatory laws and the continuous ill and unequal
practices done to LGBT persons and intersex people. In the case of the
Philippines, there has been a two-decade long struggle to penalize
discrimination on the basis of sexual orientation and gender identity or
expression (SOGIE), with the filing of the anti-discrimination bill during the 11 th
Congress (July 1998-June 2001) and during the 13 th Congress in 2006, but only
reached third and second reading at the House of Congress respectively
(Vergara 2019). In its latest version, Senate Bill No. 689 entitled “Anti-
Discrimination on the Basis of Sexual Orientation, Gender Identity and
Expression” in 2016 has already entered the Senate’s plenary but failed to get
the approval of the majority of the senators due to their confusion with
terminologies, religious reservations, and the possibility of using such law for
the practice of voyeurism (Abad 2019).

With the experience of transgenders being discriminated in using their

preferred bathrooms and other members of the rainbow community who are
continuously criticized by their employers for their gender expression, many
Filipino activists claimed that the fight for the institutionalization of laws that
will protect the LGBTQ+ community is far from over. By framing our actions
based on what you learned in this lesson, the hope for a Philippines, where
everyone is respected and accepted regardless of what is between their legs or
what they identify themselves, continues to remain attainable. Consequently,
it is mandated by the UN that these gaps and challenges in combating violence
and discrimination against LGBT and intersex person must be approached under
international human rights law that you learned to be a result of the
consolidated good practices of several progressive states.

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 LEARNING ACTIVITY 5.3.2

TRUE OR FALSE. Write TRUE if the statement is true and FALSE if otherwise.

_____________1. It can be argued that the general public has already been
freed from misinformation, myths, and stereotypes about gender roles, sexual
orientation, gender identity and expression, and sex characteristics.

_____________2. Same-sex couples must be treated by the law differently from

heterosexual couples to ensure that they are not discriminated with regards to
benefits, pensions, taxation, and inheritance.

_____________3. The only activity demanded to officials and leaders is their

public assertion condemning violence based on sexual orientation, gender
identity, and sex characteristics.

_____________4. In the education sector, the limiting or even altering of

information related to sexuality, and the using of materials that contain
stereotypes and prejudices against non-binary arrangements are still recurring
in the present context.

_____________5. “Acts against the order of nature” are well- determined and
classified to a point where legislators can used them as bases for policy-
making.

_____________6. Psychological counseling and medical interventions should be

done with emphasis on informed consent.

_____________7. Aside from government officials, there is a need to engage

non-government organizations and civil society groups in dealing with
discrimination and violence faced by LGBT and intersex people.

_____________8. In the United States, the practice of segregating transgender

people by establishing third gender restrooms and facilities are a manifestation
of non-discrimination and inclusivity.

_____________9. Death penalty is applied as a form of punishment for the

conduct of homosexual behaviors in Islamic countries.

_____________10. Within healthcare, states should treat LGBT and intersex

people as diseased and in need of curing.

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_____________11. LGBT individuals and intersex people must be analyzed to be
experiencing a single form of oppression deeply rooted in their gender identity
or sexual orientation.

_____________12. The participation of public officials in PRIDE marches and

assemblies can actually create more impact in positively changing public
attitudes concerning the protection of the rights of LGBT and intersex persons.

_____________13. In employment, it is the employer’s duty to tackle

discrimination against LGBT and intersex people by raising awareness through
public information campaigns and providing them with equal benefits that
heterosexual individuals enjoy.

_____________14. In some societies, “corrective” measures are being done to

young gays and lesbians, such as forced heterosexual sex and early marriage,
by their families to prevent them from identifying and expressing themselves.

_____________15. The international human rights framework established by

the UN is a consolidation of the good practices of several progressive states.

In Lesson 1, you learned the value of government intervention from a

global standpoint with the United Nations mandating its member states to
undertake positive steps to ensure that the elimination of violence and
discrimination against women and the identification of women’s rights will take
place. The Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW) is the current international human rights framework that is
exclusively concerned with promoting and protecting women’s rights in the
face of a global reality that is patriarchy. In the attempt to improve the status
of women in society, you learned that states should focus on two different but
complementary activities: (1) the appropriate legislation prohibiting
discrimination and ensuring the legal protection of women and (2) the
restructuring of social arrangements in terms of healthcare, employment,
education, and income level to provide more opportunities for women.

In Lesson 2, you were familiarized with the important legislations that

champion women’s rights in the Philippines. Following the standards of the
international human rights framework, the general trend of our national

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policies in combating gender inequality has focused on creating laws that
directly address gender-based violence and increasing the capacity of women
through the improvement of their place and status in society. Different forms
of gender-based violence and lack of opportunities for women in various
sectors are the problems identified in the Philippines, which also reflect
situation of women across the world.

In Lesson 3, you learned that homophobia and transphobia result to

various forms of hate crimes experienced by the LGBT and intersex people.
Violence can also be manifested in the discriminatory laws and practices that
LGBT community and intersexuals face in their everyday lives. As we move
forward in creating a society where everyone is enjoying the bare minimum of
human rights, states are mandated to eliminate laws that discriminate against
the sexual orientation or gender identity of individuals, and follow necessary
measures for positive development based from the consolidated good practices
of several progressive states. In the case of the Philippines, the fight against
discrimination on the basis of SOGIE is far from over, but the hope for a better
society, where everyone is treated with respect and dignity regardless of their
sexual orientation or gender identity, continues to remain attainable.

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