Position paper about anti discrimination, Essays (high school) of Economics

Download Position paper about anti discrimination and more Essays (high school) Economics in PDF only on Docsity! COMMIS HUMAN RIGHTS OFFICE Or ind EXECUTIVE ORECTOR RECFIVES DATE at ge a Position Paper on the Anti-Discrimination on the Basis of Sexual Orientation and Gender Identity or Expression Bill Senate Bill No. 1271 ‘the Commission on Human Rights (“Commission” for brevity), pursuant to its constitutional mandate to recommend to Congress effective measures to promote and protect human rights, and as Gender and Development Ombud (Gender Ombud) under the Magna Carta of Women, submits its position paper on Senate Bill No. 1271 entitled, “Anti-Discriminalion on the Basis of Sexual Orientation, Gender Identity and Expression,” authored by Sen. Risa Hontiveros. The bill, which is pending before the Senate seeks to prohibit discrimination on the basis of sexual orientation and gender identity or expression (SOGIE). The Philippines is considered as one of the most “gay-friendly” countries in the Asia Pacific region, according to the 2013 Pew Research Center survey.. The survey showed that 73% of adult Filipinos, agreed that homosexualily should be accepted. Another survey conducted by Social Weather Stations in 20132 showed that 85% of Filipinos support the Lesbian, Gay, Bisexual, Transgender, Queer (LGBTQ+) community against discrimination, and 54% agree that gays and lesbians have contributed a lot to progress in Philippine society. Despite this, the LGBTQ+ community have long suffered and continue to experience discrimination, including hate speech, violence, unequal treatment, and even killings. Discrimination in the workplace and educational institution includes cases of uot being hired or promoted, and students being refused admission because of their sexual orientation. ‘The anti-discrimination bill on the basis of sexual orientation has languished in Congress since 1999.3 Local ordinances prohibiting discrimination based on SOGIE have been passed in local governments, such as (uezon City, Cebu, Davao, and Dinagat Islands, among others.4 These local ordinances significantly contributed to the growing acceptance of LGBTQ+ community in our society. Unfortunately, this is not enough to protect the individual rights of people with diverse SOGIK. People belonging to the LGBTQ? community have been prejudiced and stigmatized for the reason that they do not conform to society’s norms where men should be masculine and women should be feminine. Discrimination in any form demeans the dignity and human rights of a person as it limits an individual’s freedom and self-realization. The Commission emphasizes that this proposed measure seeks to address the rucial issues of differential treatment of an employee or anyone engaged to render services, denial of admission or expulsion from educational instilution, and other forms ‘The Global Divide on Homosexuality, Pew Research Center June 4, 2013, http://www.pewglobal.org/2013/06/04/the- global-divide-on-homosexuality/ “SWS Special Report: 85% says gays and lesbians should be protected against discrimination, Social Weather Stations Feb 06, 2015 10:43:58 AM, https://www.sws.org ph/swsmain/artcldisppage/?artcsyscode=ART- 20151214104358 * An Act Prohibiting Discrimination on the Basis of Sexual Orientation, 11" Congress of the Philippines. Authored by pEtta Rosales and Sen. Miriam Santiago 7 i Ol ttps:/ www. ranpler com/move-ph/issues/gender-issues/100632-ph-anti-discrimination-law-history | 7 Sa = of discrimination on the basis of SOGIE. Further, it does nat negate religious freedom, which is also a fundamental human right, nor does it create a special right forthe LGBIQ+ comununity. The rights to equalily and freedom from discrimination based on sex or other status are enshrined in the Universal Declaration of Human Rights (U DHR),5 the International Covenant on Civil and Political Rights (ICCPR),6 and the International Covenant on Economic, Social, and Cultural Rights.” The 1987 Philippine Constitution provides that the State values the dignity of every human person and guarantees full respect for human rights. The Philippines with a State policy to adopt gencrally accepted principles of international law as part of the law of the land and as State Party to the ICCPR and ICESCR, has the obligation to uphold the fundamental rights of equality and non-discrimination by adopting positive measures in all areas to enable every person to enjoy these rights. The proposed measure is an example of a positive action of the State to advance equality and non-discrimination of persons of diverse SOGIE. It is the responsibility of the State to protect the rights and uphold the dignity of all by providing an enabling environment free of discrimination and stigma for everyone to fully enjoy their human rights, and for the LGBTQ+ community to be able to freely express themselves and contribute to the betterment ofthe community, It is in this light that the Commission, as primary proponent of human rights in the Philippines, guided by the eight key human rights instruments to which the Philippines is a State party to and the Yogyakarta Principles, expresses its support for the passage of this bill. Human rights are inherent in all persons regardless of gender, race, culture, religion, and any other status and all human beings are born free and equal in dignity and rights.8 Seclion 5 (a) of SB 1271 lists discriminatory practices which includes promotion and encouragement of sligma on the basis of SOGIE in media, educational textbooks, and other medium, and inciting violence and sexual abuse against any person or group on the basis of SOGIE. This is consistent with General Recommendation no. 19 of the UN Committce on the Elimination Discrimination Against Women, which regards gender- based violence as a hindrance women from enjoying their rights? on the basis of gender equality. This is further reaffirmed in General Recommendation No. 28 calling on States parties to adopt and pursue policies that will eliminate the occurrence of discrimination based on a woman’s sexual orientation or gender identity.1¢ On the other hand, the UN Committee against Torture provides in General Comment No. 2 thal States should provide protection for individuals or groups made vulnerable by discrimination," taking into account that both men and women who do not conform to socially determined gender roles may be subject to torture or inhuman and degrading treatment. The Commission also emphasizes the importance of Section 5 (i) of the bill which prohibits the conduct of medical or psychological means to determine or alter a person’s SOGIE as it is also a form of discrimination and tantamount to mental torture. The UN * Articles 1, 2, and 7, Universal Declaration of Human Rights © Articles 2(1), 25, and 26, International Covenant on Civil and Political Rights ” Articles 2(2) and 3, International Covenant on Economic, Social, and Cultural Rights 8 Article 1, Universal Declaration of Human Rights ° UN Committee on the Elimination of all Forms of Discrimination against Women (CEDAW), CEDAW General Recommendation no. 19: Violence against Women, 1992, available at: http://www.retworld.org/docid/52d920c54_html [accessed 6 November 2017] *° General recommendation No. 28 on the core obligations of States parties under article 2 of the Convention on 4) the Flimination of All Forms of Discrimination against Women, CEDAW Committee, December 26, 2010. | CEDAW/C/GC/28 pe AS-SENERAL COMMENT No. 2 Implementation of article 2 by States parties, Committee Against Torture, 24 January HOY [ \/ 2018. cat/c/sc/2 /