DISCRIMINATION ON THE

BASIS OF SEXUAL
ORIENTATION, GENDER
IDENTITY, AND
EXPRESSION OR SOGIE

PRESENTED BY:
JOHLAN MAE M. PANGILINAN
JILIAN P. JACOB
INTRODUCTION

The Universal Policy

Articles 2(1), 3, and 26 of the convention provide for the respect, equality, and anti-
discrimination of all individuals on the grounds of race, color, and sex.

In the landmark decision of Toonen V. Australia in 1994. it is found not only that its
reference to sex in Articles 2(1) and 26 must be taken to include sexual orientation but also
those laws that criminalize consensual homosexual acts expressly violate the privacy
protection of the law.
NATIONAL AND LOCAL POLICIES

LGUs from different cities all over the Philippines have proactive in passing and along city
ordinances banning LGBT discrimination.

Presently the Anti-discrimination Bill is still pending before congress. This bill is expressed to be
signed into law before the end of the Duterte Administration. Price to this bills, several LGU’s have
enacted ordinances and resolutions to address this issue.

In Quezon City
 • Also known as the Anti- Discrimination
Bill(ADB) is a bill that was proposed by
SEXUAL the congress of the Philippines. It is
intended to prevent various economic and
ORIENTATION public accommodation-related acts of
AND GENDER discrimination against people based on
their sexual orientation, gender identity, or
IDENTITY expression. The House use of
EXPRESSION Representatives passed its third reading
(SOGIE) most recently on September 20, 2017, but
died in the Senate. It has been refiled for
EQUALITY the 8th congress. The bill was refiled by
BILL Defensor Santiago in every congregational
period in the senate until her term in 2016.
The counterpart bill in the house was also
filled continuously by the representative of
Akbayan.
 LEGISLATIV
E HISTORY
• The bill was first filled in
congress in 2020 by former
Senator Miriam-Defensor
Santiago and former Akbayan
party-list Representative Etta
Rosales. The bill passed a third
reading in the House but
stalled in the Senate. A similar
measure was filled by another
senator in the 15th and 16th
congress without success.
THE UNIVERSAL
POLICY
• Articles 2(1),3, and 26 of the convention provide for respect, equality, and
discrimination of all individuals on the ground of inter alia, race, color, and sex.
• Tonen V Australia in 1944. it is found not only the reference to sex in articles 2(1) and
26 must be taken to include sexual orientation but also those laws which criminalize
consensual homosexual acts expressly violate the privacy protection of the law.
NATIONAL AND
LOCAL POLICIES
• LGUs from different cities all over the Philippines have been proactive and
banning LGBT discrimination.
• RA 6725 prohibits discrimination with respect to terms and conditions of
employment solely on the basis of sex. Under this law, any employer favoring a
male employee over a female in terms of promotion, training opportunities, and
other benefits solely on account of sex is considered discrimination.
• The Bill of Rights in the 1987 Constitution guarantees equal protection for every
Filipino and prohibits discrimination of persons based on ethnicity, race, religion or
belief, political inclination, social class, sex, gender, sexual orientation, gender
identity, gender expression, civil status, medical condition and more.
 • The state treatment of LGBT individuals intensifies
discrimination on the basis of SOGIE within Philippine
society and social institutions.

• Discrimination affects people's opportunities, well-being,

and their sense of agency. Persistent exposure to

Effect of State discrimination can lead individuals to internalize the

prejudice or stigma that is directed against them, manifesting
Discrimination in in shame, low self-esteem, fear, and stress, as well as poor
health.
Society • Societies continue to make distinctions based on ethnicity,
race, sex, or gender and other characteristics that should
have no bearing on people’s achievements or on their well-
being. The Report on the World Social Situation 2016 argued
that discrimination is one of the key drivers of social
exclusion
DISCRIMINATION BY THE CATHOLIC CHURCH

• Discrimination by the catholic church ON SEXUAL ORIENTATION & GENDER IDENTITY

• The Catechism of the Catholic Church, a text which contains dogmas and teachings of the Church,
names “homosexual acts” as “intrinsically immoral and contrary to the natural law,” and names
“homosexual tendencies” as “objectively disordered.” While the Catholic Church does not consider
“homosexual orientation” sinful in and of itself, it does have a very negative attitude toward it. The
1986 Letter states, “Although the particular inclination of the homosexual person is not a sin, it is a
more or less strong tendency ordered toward an intrinsic moral evil; and thus the inclination itself must
be seen as an objective disorder.”
• The fact that Catholicism does not consider the “inclination” sinful is very different from
more fundamentalist Christian churches. It is one of the reasons that the Catholic Church has
not officially approved of reparative therapy. The Catechism further states that “Homosexual
persons are called to chastity.” However, the doctrine also specifies that “Such persons must
be accepted with respect and sensitivity. Every sign of unjust discrimination in their regard
should be avoided.”
DISCRIMINATION BY THE CATHOLIC
CHURCH
•The actual experience of LGBTQ parishioners can vary widely across dioceses and parishes.  Many
Catholic communities reach out to LGBTQ members to offer as full of a welcome as possible within the
limits of a Church policy that does not approve of same-sex relationships, even committed ones. Other
parishes have denied membership to LGBTQ individuals and families. There have also been recent
instances of LGBTQ employees in the United States being dismissed from Catholic schools and parishes
following the celebration of a same-sex couple’s marriage.

• There is no official policy regarding transgender individuals in the Catechism of the Catholic Church,
though doctrinal teachings clearly equate birth anatomy with gender. The Vatican’s Extraordinary Synod,
convened in October 2014, debated several issues related to LGBTQ inclusion but did not address
questions regarding transgender church members. However, the experience of transgender Catholics varies
depending on their communities.

• In September 2015, the Vatican’s Congregation for the Doctrine of the Faith, responsible for enforcing
Catholic doctrine, did not permit a transgender man in Spain to serve as a godfather effectively barring
transgender Catholics from serving as a baptismal sponsor. The statement concluded.
DISCRIMINATION IN THE MILITARY
• Article 2 of the ICCPR-
• Everyone shall have the right to freedom of expression; this right shall include freedom
to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either
orally, in writing or in print, in the form of art, or through any other media of his choice.
•  As the country celebrates National Women's Month, the Armed Forces of the Philippines
(AFP) said it would do everything to ensure that women serving the military will be not be
subjected to harassment and violence during their training and service.
• "The AFP continuously intensifies its efforts to develop plans, policies, and mechanisms in
addressing identified gender discrimination and inequalities within the organization. This is
part of the military’s on-going campaign towards women empowerment and equal rights for
its members," he said.
• The AFP has lined up gender and development programs including Gender Sensitivity
Training, Seminar-Workshops on Gender Analysis; GAD Executive Briefing to Senior
Military Officials/Top Level Management; and lectures on GAD-related laws and mandates.
• The military also provides decent and separate billeting facilities and quarters for men and
women regardless of location or type of assignment.
• "The AFP is dedicated to enabling equal rights and opportunities in all aspects of its service,
whether these are combat to noncombat operations. We assure the public that efforts will
continue to pave the way for more programs that will further expand the military’s
commitment to women empowerment and gender equality," he added. (PNA
THANKYOU FOR
LISTENING