Laws and policies on Violensce and Discrimination of the Members of LGBTQ

1. LAWS AND POLICIES ON
VIOLENCE AND
DISCRIMINATION OF THE
MEMBERS OF LGBTQ+

2. Equal protection –
requires that all person or things similarly situated
should be treated alike, both as to rights conferred and
responsibilities imposed
Due process – principle that the government must
respect all of a person legal rights as this ensures that
all laws legal proceedings must be fair and equal for all

3. THE 1987 CONSTITUTION
(EQUAL PROTECTION AND DUE PROCESS
CLAUSE)
The 1987 Philippine Constitution states that: The State values the
dignity of every human person and guarantees full respect for
human rights. “Apart from this, the 1987 Constitution enshrines in
its due process and equal protection clauses that: No person
shall be deprived of life, liberty, or property without due process
of law, nor shall any person be denied the equal protection of the
laws.(Article 3 Sec 1, 1987 Philippines Constitution)
As the fundamental law of the land, the guarantees equality,
lawful processes, and the paramount consideration on ensuring
human dignity and respect for human rights in this provisions
serves as the basis for the protection of the rights of member of
the LGBTQ+.

4. The 2010 Supreme Court Decision in the “Ang Ladlad “case (Ang
Ladlad LGBTQ Party vs. Comelec GR 190582 8 April 2010)
considered the breadth of the equal protection clause in the
Constitutions.
The court ruled in favor of allowing “Ang Ladlad” to be party- list
reasoning that “ From the standpoint of the political process, the
lesbian, gay, bisexual, and transgender have the same interest in
participating in the party – list system on the same as other
political parties similarly situated. Hence, laws of general
application should apply with equal force to LGBT, and they
deserve to participate in the party- list system on the same basis
as other marginalized and under- represented sectors

5. VIOLENCE AND DISCRIMINATION
Despite widespread anecdotal evidence of
crimes perpetrated against the LGBTQ+
community in the Philippines, most data on
these cases have not undergone official
verification and collation. I
n March 2016 the Trans Murder Monitoring
Project listed 41 reported cases of transgender
people murdered in the country since 2008

6. VIOLENCE AND DISCRIMINATION AGAINST
LGBTQ+ YOUTH IN EDUCATION
A. Anti Bullying Act of 2013(Republic
Act 10627)
Anti – Bullying Act of 2013 ( Republic
Act 10627) includes gender-based bullying
as a prohibited and punishable act.
Gender based bullying is defined as “any
act that humilities or excludes a person on
the basis of perceived or actual sexual
orientation and gender
identity(SOGI)Republic Act No.10627)

7. Anti-Bullying Policies
Prohibition of Bullying on the school ground properties,
territories
Prohibition of Bullying at non – school grounds programs,
properties, with use of electronic devices
Prohibition of Retaliation against a person who reports
bullying
 Educate students, together with their parents/guardians on
the dynamics of bullying, the anti- bullying policies of the
school as well as the mechanisms of such school for the
anonymous reporting of acts of bullying or retaliation

8. Penalty and Punishment
for Anti- Bullying
 According to House Bill No. 2886 filed by PBA party-list, individuals aged 15 and
above but not over 18,and who acted without discernment based on the an
assessment would be subjected to intervention programs facilitated by either the
Department of Social Welfare and Development ( DSWD) or the local government
units concerned
 However ,once the person found guilty of bullying is above over 18 years old,or
between 15 to 18 years old but acted with discernment ,they may be imprisoned
for a maximum of six years
 All those found to be engaged in the of bullying regardless of age and
discernment- will have to comply with civil liabilities including a penalty ranging
from P50,000 to P 100,000.

9. B. Child Protection Policy 2012
In cases where the bullying is committed by a
principal teacher or any other school
personnel, the law being violated is
Department of Education Order No.40 ON
Child Protection Policy.The policy includes the
protection of students from any form of
violence regardless of their sexual orientation
or gender identity

10. Prohibited Acts:
.Child Abuse
.Discrimination against children
.Child exploitation
.Corporal Punishment
.Any analogous or similar acts
.Bullying or peer abuse

11. Penalty and Punishment
1st offense – reprimand
2nd offense and subsequent time – suspension
for not more than(1) week (this is after the
offending child has received counseling or
other interventions) during the period of
suspension the offending
Child and the parents or guardians may be
required to attend further seminars and
counseling

12. C. Special Protection of Children Against Child Abuse, Exploitation And
Discrimination Act of 1992 (Anti- Child Abuse Act or Republic Act 7610
Parents of children who suffer abuse at hands of teachers or
member of the school administration violates RA 7610 or the
Anti- Child Abuse Act. Such cases can cover instances of
physical, psychological injury, or cruelty on the basis of the
child SOGI

13. Penalty and Punishment for the Protection of
Children Against Child Abuse Exploitation and
Discrimination Act
 Any person who shall violate any provision of
this Article shall suffer penalty of a fine of not
less than One Thousand(P, 1000.00) nor more
than Ten Thousand Pesos(P10,000.00 and/or
imprisonment for not less than three( 3 ) years ,
or both such fine and imprisonment at the
discretion of the court

14. Violence and Discrimination against
LGBTQ+ in the Workplace
A. The Labor Code of the Philippines (PD 442)
The Labor is the national law covering employment for the
private sector in the Philippines with exception of prohibitions
against discrimination of women, it does not contain any
provision that prohibits discrimination on the basis of gender
identity particularly on the members of the LGBTQ+.
Nonetheless, while the law is quiet on gender identity and
expression, it is clear in this Declaration of Policy (Article 3)
that the “ State shall afford protection to labor, promote full
employments, ensure equal work opportunities

15.  Article 130 – Nightwork prohibition. No women ,regardless of age,shall be
employed or permitted or suffered to work, with or without compensation
 Article 132 – Facilities for women. The Secretary of Labor and Employment
shall establish standards that will ensure the safety and health of women
employees. In appropriate cases, he shall by regulations,require any
employer to:
. Provides seats proper for women and permit them to use such seats when
they are free from work and during working hours, provided they can perform
perform their duties in this position without detriment to efficiency;
.To establish separate toilet rooms and lavatories for men and women and
provide at least a dressing room for women
. To establish a nursery in the workplace for the benefit of the women
employees therein:

16.  Article 135 – Discrimination prohibited. It shall be unlawful for any
employer to discrimination against any women employee with respect to
terms and conditions of employment solely on account of her sex
.The following are the acts of Discrimination
. Payment of lesser compensation, including wage ,salary or other form
of remuneration and fringe benefits to a female employee for work of equal
equal value
. Favoring a male employee over a female employee with respect to
promotion, training opportunities, study and scholarship grants solely on
account of their sexes

17. B. CSC No. 01-0940- the civil Service Commission Policy on Anti
Sexual Harassment
The Civil Service Commission Administrative Disciplinary Rules in
Sexual Harassment Cases includes other less grave, punishable
offences .These include prohibiting “derogatory and degrading remarks
remarks or innuendoes directed toward the members of one’s sex, or
one’s sexual orientation or used to describe a person
This rule applies to all government entities that full under the Civil Service
jurisdiction the policy is important because it explicitly covers derogatory
remarks regarding sex, sexual orientation, or other remarks that are used as
description of a person with the intention to insult. In addition, this policy for
government agencies does not require that the offender has moral
ascendancy over the victim. The fact that the perpetrator and the victim are of
the same level or position will not preclude the victim from filing a case. While
gender identity is not specifically mentioned as ground, if a LGBTQ+ civil
servant is harassed verbally by co-workers, would be able to rely on the
generic protection from “ derogatory and degrading remarks”.

18. Penalty and Punishment for
Anti- Sexual Harassment
Any person who violates the provisions of the
law shall be penalized by imprisonment of not
less than one (1) month nor more than six(6)
months, or a fine not less than Ten Thousand
(10,000) nor more than Twenty Thousand
Pesos (20,000) or both such fine and
imprisonment at the discretion of the court

19. THANKYOUUU!!