House panel OKs bill prohibiting discrimination based on sexual orientation, gender identity

The House committee on women and gender equality has approved a bill that protects individuals and communities at a greater risk of experiencing human rights violations on the basis of their SOGIESC, or sexual orientation, gender identity, gender expression, or sex characteristics.

The unnumbered substitute bill also deems as a discriminatory practice any discrimination on the grounds of a person’s SOGIESC compounded by or intersecting with their age, racial or ethnic origin, religious belief/activity, political inclination/conviction, social class, economic status, marital/relationship status, disability, HIV status, health status or medical history, language, physical features, or other aspect.

The proposed SOGIESC bill also lists the following as discriminatory and, as such, unlawful practices:

• advertising, producing, and publishing in the media, in educational textbooks, and other medium that has the effect of promoting, encouraging and perpetuating stigma or inciting violence and sexual abuse against any person or group on the basis of SOGIESC;
• denying access to public services to any person on the basis of SOGIESC; and
• including SOGIESC, as well as the disclosure of one’s SOGIESC, in the criteria  for hiring, promotion, transfer, designation, work assignment, re-assignment, dismissal of workers, subcontracting and other human resource movement and action, performance review, and in the determination of employee compensation, access to career development opportunities, training, and other learning and development interventions, incentives, privileges, benefits or allowances, and other terms and conditions of employment, provided that this provision will apply to employment and skills training in both the private and public, including military, police, and other similar services.
• Further, this prohibition will also apply to the contracting and engaging of the services of juridical persons, associations or organizations with LGBTQIA+ members or of associations or organizations advocating LGBTQIA+ rights.

The bill also prohibits the following:

• refusing admission or expelling a person from any educational or training institution, such as police and military academies or training institutions, on the basis of SOGIESC, including discriminating against a student or trainee due to the SOGIESC of the student’s parents or guardian, court-appointed or otherwise: provided, however, that the right of educational and training institutions to determine the academic qualifications of their students or trainees shall be duly upheld
• imposing disciplinary sanctions, penalties harsher than customary or similar punishments, requirements, restrictions or prohibitions that infringe on the rights of the students on the basis of SOGIESC, including discriminating against a student or trainee due to the SOGIESC of the student’s parents or guardian, court-appointed or otherwise
• refusing or revoking the accreditation, formal recognition, registration or plan to organize of any organization, group, political party, institution, or establishment in educational institutions, workplaces, communities, and other settings, solely on the basis of the SOGIESC of their members or of their target constituencies such as dissolving existing organizations or refusing or revoking the accreditation, formal recognition, registration or establishment of any  organization, group, political party, institutions educational institutions, workplaces, communities, and other settings, on the basis of the SOGIESC of their members or of their target constituencies, whether explicit or otherwise;
• denying a person access to public or private medical and other health services open to the general public on the basis of such person's SOGIESC, as well as access to public and private health insurance, including HMOs, on the basis of SOGIESC: provided, that this shall not authorize an order to any institution or person to perform gender affirming surgeries or other similar procedures
• denying an application for or revoking a professional or other similar kind of license, clearance, certification on, or any other similar document, except marriage license, issued by the government due to the applicant's SOGIESC;
• denying a person access to or the use of establishments, facilities, utilities, or services, including housing, open to the general public on the basis of SOGIESC: provided, that the act of giving inferior accommodations or services shall be considered a denial of access or use of such facility or service: provided, further, that establishments will make available their existing toilets with facilities designated for persons with disabilities also as gender neutral toilets.

This prohibition also covers acts of discrimination against juridical persons solely on the basis of the SOGIESC of their members or of their target constituencies.

Harassment, coercion, or threats committed on the basis of one’s SOGIESC by  those involved in the enforcement of law, regulations or directives, and the protection of rights of any person, whether they belong to the public or private sector.

Prohibited acts under this section would include arresting or placing under custody, and subjecting a person to extortion, physical, verbal abuse, or sexual abuse, regardless of whether such arrest has legal or factual basis.

Harassment, coercion, or threat of juridical persons on the basis of the SOGIESC of their members, stockholders, benefactors, clients, or patrons is likewise  covered by this provision.

The SOGIESC bill also prohibits engaging in public speeches meant to shame, insult, vilify, or which tends to incite or normalize the commission of discriminatory practices against persons of  diverse SOGIESC, and which acts or practices in turn, intimidate them or result in the loss of their self-esteem.

Such prohibition involving public speeches, however, exempts religious speech or comments made in the context of a religious service, ceremony or activity.

"We, in the Gabriela Women's Party, laud the committee approval of the Sexual Orientation, Gender Identity, Gender Expression, or Sex Characteristics (SOGIESC) equality bill. This is a step towards the long-overdue enactment of a legislation which will prohibit all forms of discrimination and harassment against the LGBTQIA+ community," House Assistant Minority Leader Arlene Brosas of Gabriela party-list, one of the authors of the measure, said.

"Naninindigan kami na karapatan ng bawat miyembro ng LGBTQIA+ na makatamasa ng pantay na karapatan sa edukasyon, trabaho, serbisyong kalusugan, at iba pa ng walang takot at pangamba. Taliwas sa sinasabi ng mga kritiko, ang SOGIESC equality bill ay hindi sagabal sa kagustuhan natin na magkaroon ng pagkakapantay-pantay sa ating lipunan, bagkus, ito ay isang malaking ambag sa ating adhikain na isulong ang karapatan ng bawat Pilipino anuman ang kasarian," she added.

The bill states that any person who commits any discriminatory practice, upon conviction, will be penalized by a fine of not less than P100,000 to P500,000 or imprisonment of one to 12 years or both, at the discretion of the court.

In addition, the court may impose upon a person found to have committed any of the prohibited acts the rendition of community service in terms of attendance in human rights education’s familiarization with and exposure to the plight of the victims. — BM, GMA Integrated News