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Lesson 19: Laws and Policies On Violence and Discrimination of The Members of LGBTQ+

The document discusses laws and policies in the Philippines regarding violence and discrimination against LGBTQ+ individuals. It defines key terms like equal protection and due process. It outlines the 1987 Constitution's equal protection and due process clause. It summarizes two Supreme Court cases, Ang Ladlad LGBT Party vs COMELEC and Cagandahan vs Republic of the Philippines, which established protections for LGBTQ+ individuals. It also discusses specific laws protecting LGBTQ+ people from violence, discrimination, bullying and harassment.

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RENE REY ALCODIA
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2K views

Lesson 19: Laws and Policies On Violence and Discrimination of The Members of LGBTQ+

The document discusses laws and policies in the Philippines regarding violence and discrimination against LGBTQ+ individuals. It defines key terms like equal protection and due process. It outlines the 1987 Constitution's equal protection and due process clause. It summarizes two Supreme Court cases, Ang Ladlad LGBT Party vs COMELEC and Cagandahan vs Republic of the Philippines, which established protections for LGBTQ+ individuals. It also discusses specific laws protecting LGBTQ+ people from violence, discrimination, bullying and harassment.

Uploaded by

RENE REY ALCODIA
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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LESSON 19:

LAWS AND POLICIES ON


VIOLENCE AND
DISCRIMINATION OF THE
MEMBERS OF LGBTQ+
LESSON OBJECTIVES:
1. Determine the various Philippine Laws and
policies for protection of members of
LGBTQ+.
2. Identify the different Anti-Discriminatory laws
and policies,
3. Knowing the acts leading to violation of these
laws and policies.
DEFINITION OF TERMS:
Equal Protection-requires that all person and things
similarly situated should be treated alike both as to the rights
conferred and responsibilities imposed .
Due process-principle that a government must respect all of a
person’s legal right as this ensures that all laws and legal
proceeding must be fair and equal for all.
LGBTQ+ Stands for ‘’ Lesbian , Gay, Bisexual,
Transgender, Queer and many more terms (such as non-
binary and pansexual)

The 1987 Philippine Constitution or Equal


Protection and Due Process Clause
-the state values the dignity of every human person and
guarantees full respect for human rights.
ARTICLE 3, SECTION 1 OF 1987 PHILIPPINE CONSTITUTION
No person shall be deprived of life, liberty, property, without due
process of law nor shall any person be denied the equal
protection of laws.

ANG LADLAD LGBT PARTY VS COMMISSION


ON ELECTION(COMELEC).G.R.NO 190582
APRIL 08, 2010
Ang ‘’ LADLAD” is an organization of people who identify
themselves as lesbian, gay, bisexual and transgender
-All people are equal before the law and have the same right
to equal protection under the law. In this respect, the law
should prohibit all forms of discrimination and provide equal
and effective protection to all individual against
discrimination on all basis including race, color, sex,
language, religion, political or other viewpoint national,
social origin, property, birth or other status.
VIOLENCE AND DISCRIMINATION
IN MARCH 2016, THE TRANS MURDER MONITORING PROJECT
LISTED 41 CASES OF TRANSGENDER PEOPLE MURDERED IN
OUR COUNTRY SINCE 2008.

Jennifer Laude
born on Nov, 4 1987
died Oct 11, 2014 (26 years old)
Cause of Death Homicide by Drowning
VIOLENCE AND
DISCRIMINATION AGAINST
LGBTQ+ YOUTH IN EDUCATION
A. ANTI-BULLYING ACT OF 2013(REPUBLIC ACT
10627)-includes gender-based bullying prohibited and
punishable act. It is defined as “any act that humiliates or
excludes a person on the basis of perceived or actual sexual
orientation and gender identity.(SOGI)Republic Act
no.10627)
B. CHILD PRO TECTION POLICY 2012
-In cases where 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. This policy includes the
protection of students from any form of violence
regardless of their sexual orientation or gender identity.
C.SPECIAL PROTECTION OF CHILDREN
AGAINST CHILD ABUSE , EXPLOITATION
AND DISCRIMINATION ACT OF 1992
(ANTI-CHILD ABUSE ACT OR REPUBLIC
ACR 7610)
-Parents of children who suffer abuse at the hands of
teachers or members of the school’s 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’s SOGI.
VIOLENCE AND DISCRIMINATION AGAINST
LGBTQ+ IN THE WORKPLACE
A. The Labor Code of the Philippines (PD 442)
B. CSC No. 01-0940 The Civil Service Commission’s
Policy on Anti- Sexual Harassment
NAME AND GENDER MARKET
CHANGES
NAME CHANGES-refers to a person to use a
new name.
GENDER MARKER-refers to the process of
changing one’s sex characteristics.
SILVERIO VS REPUBLIC ACT OF
THE PHILIPPINES
Mr. Silverio filed a petition to change his name on his
birth certificate to the RTC. Silverio won in the Trial
Court. But the OSG intervened, arguing in the CA that
the RTC was mistaken to its decision ,due to the fact
that there was no rule allowing in changing the name
and gender.
In this case, the supreme court ruled that there was
no mistake to be corrected, as the birth record is
not in dispute. As the person sex was determined
by the birth attendant. Sec.1 and Section 2 of R.A
9048 or the Clerical Error Law states that there’s
no entry shall be changed.
CAGANDAHAN VS. REPUBLIC ACT
OF THE PHILIPPINES
Cagandahan has a condition called CAH. That’s why in all
her appearance as well as her mind and emotions that ,she is
a boy. Cagandahan filed a petition for the correction of
entries in her birth certificate. Cagandahan wants to correct
her name from ‘’Jennifer’’ to ‘’Jeff ‘’ and her sex from
‘’female’’ to ‘’male’’ before the RTC.
The issue here is whether or not to correct the entries of
her birth certificate. The court ruled in favor of a name
to Jeff Cagandahan on the ground that Jeff had an
intersex variation. The court agreed with Jeff’s ability to
self-define his sex.

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