Solon, Donnie Ray O Human Rights Law

20-1-01343 Atty. Jhoy Pallones

Jennifer Laude Case

The State guarantees full respect for human rights and every person has the
right to equal protection of the laws, but unfortunately, sexual orientation and
gender identity are not explicitly mentioned. The Philippines still lacks in anti-
discrimination law (lib.ohchr.org).There still exist discrimination and abuse for
those persons having persistent discomfort with his or her sex and the government
has not yet taken any step to protect the rights of LGBTQs.

What is LGBTQ? LGBTQ is an acronym for lesbian, gay, bisexual, transgender

and queer or questioning. These terms are used to describe a person’s sexual
orientation or gender identity (gaycenter .org). In short, LGBTQ is the term use to
describe those people’s sexual orientation or gender identity.

In the case of Jennifer Laude, a Filipina and a proud member of the LGBTQ
community, was found dead in a hotel room . Jennifer died of asphyxiation due to
drowning. The last person who was with her was Lance Corporal Joseph Scott
Pemberton of the US Marine. As narrated, Pemberton found out that Laude was a
Transgender when she undressed in the room . Out of rage, Pemberton choked
Laude and then push her to the toilet bowl which ultimately killed her . Pemberton
was then proceed to his barracks at Subic and confess the incident to one of his
crew mates. Pemberton was charged with murder. However, the RTC has found
Pemberton guilty of Homicide. The court was convinced that Pemberton should be
considered less blameworthy for Laude’s death because Laude had kept the fact
that she is a transwoman from Pemberton.

Implications of Jennifer Laude Case

The rights of the LGBTQ as a person have been continuously being violated
up to this day. Jennifer’s death in this instance is culmination of a life of violence
base on the wrong stigma on LGBTQ community. The government have failed to
provide interventions and to put an end to social stigma . Though after Jennifer’s
death has ignited movements which tend to uphold the rights of the LGBTQ, it is
still evident that many members of such community were being subjected to abuse .

In this instance, this case have impliedly ruled that being a member of the
LGBTQ would also put the blame to the victim once their partner found out that
they are member of the LGBTQ. As the court ruled that Jennifer is also to blame for
hiding to Pemberton that she was a Trans, the court has tacitly admitted that the
trans-panic defense is a valid way to get away with murder . As a result another
case may happen base on this premise . And the cycle of violence against LGBTQ
would persist.

As provided by Article 1 of International Covenant on Economic, Social and

Cultural Rights, All peoples have the right of self-determination . By virtue of that
Solon, Donnie Ray O Human Rights Law
20-1-01343 Atty. Jhoy Pallones

right they freely determine their political status and freely pursue their economic,
social and cultural development. Base on this premise, rights of the members of the
LGBTQ community must be protected . However because of the existing stigma on
such persons, there still persist inhumane discrimination to them .

Right to self-determination is the right of a person to determine his own

destiny. Self-determination is an integral part of human rights law which has a
universal application. As embodied by the International Conventions on Human
Rights, it a person’s right to choose his own destiny and therefore act on it as his
own. The importance lies in the right of choice, so that the outcome of a people's
choice should not affect the existence of the right to make a choice . In the case of
Jennifer Laude, she had acted and chooses her own destiny however, because of
the lack of safe guards on the part of the Philippine Government to guarantee her
rights, she was killed base on a senseless stigma against LGBTQ .

Conclussion

International Law and even the very Constitution of the Philippines provide
that every person shall be afforded with equal protection of their rights . Such
protection must be inviolable as human defines the very nature of human beings .
Everyone must take into consideration that human rights is an inherent right that
everyone possess. Human rights are basic rights that belong to all of us simply
because we are human. They embody key values in our society such as fairness,
dignity, equality and respect.

Even if the existing Philippine laws are silent with regards to sexual
orientation and gender identity, the government must provide measures that will
ensure that members of the LGBTQ community shall be afforded with the same
protection of that straight gender orientation . The rights of all people must be
protected by the state itself. Without the government’s efforts to uphold the same
rights that should be afforded to the members of LGBTQ as being afforded to other
person, another Jennifer Laude will be subjected to abuse and ultimately, be killed .