Sogie Based Anti-discrimination Act

Offer of the aretry TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session SENATE RECEIVED BY: S.B. No. 1341 Introduced by SENATOR IMEE R. MARCOS AN ACT PROHIBITING DISCRIMINATION, MARGINALIZATION, AND VIOLENCE COMMITTED ON THE BASIS OF SEXUAL ORIENTATION OR GENDER IDENTITY OR EXPRESSION (SOGIE) AND PROVIDING PENALTIES THEREFOR EXPLANATORY NOTE Currently, there is no law that address discrimination against members of the LGBT community in the Philippines. Equality, enshrined as a core democratic value in the Constitution, is neither guaranteed nor operationalized for the members of the LGBT community in any existing law. Countries such as Canada, Portugal, and Sweden, among others, have previously enacted anti-discrimination laws. In fact, there are five countries in the world like Bolivia, Ecuador, Fiji, Malta, and the United Kingdom which clearly state in their Constitution to guarantee the equality based on sexual orientation and gender identity. Despite ongoing efforts to promote equality and inclusivity, instances of SOGIE- based harassment still occur in various forms in the country. These include, verbal or physical abuse which includes derogatory remarks, name-calling, or slurs directed at individuals based on their sexual orientation or gender identity. It may also involve physical assault, threats, or acts of violence motivated by bias against individuals with diverse SOGIE. Further, SOGIE-based harassment can occur in professional settings, leading to discriminatory practices in hiring, promotions, or work assignments. In educational institutions, students with diverse SOGIE can be targets of bullying or harassment which can negatively affect their academic performance and emotional well-being. In extreme cases, SOGIE-based harassment can escalate to hate crimes, such as physical assaults, sexual violence, or even murder, motivated by bias against individuals with diverse SOGIE. The bill seeks to protect individuals from discrimination based on their SOGIE in various aspects of life, such as employment, education, healthcare, and access to public

services. It aims to ensure that all individuals, regardless of their sexual orientation or gender identity, are treated equally and fairly. The bill aims to foster a more inclusive society, free from discrimination and prejudice. In addition, the bill provides legal protections against discrimination and harassment, promote equal rights and opportunities, and ensure that individuals are not unfairly treated or marginalized based on their SOGIE. Furthermore, this can encourage public education and awareness campaigns to challenge stereotypes, reduce stigma, and foster empathy and respect. By establishing legal protections, the law heips to create a safer and more supportive environment for individuals with diverse SOGIE. It acknowledges that individuals should not be treated unfairly or denied basic rights, opportunities, or services because of their SOGIE. It helps create a more inclusive society that respects and upholds the dignity and equality of all individuals. The undersigned also filed this measure in the 18th and 19th Congress. Thus, the immediate passage of this bill is earnestly sought. Imeé h. Marca IMEER. MARCOST

Ofer of te sircary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 SEP -3 P2:20 SENATE S.B. No. _ 1341 RECEIVED BY: Introduced by SENATOR IMEE R. MARCOS AN ACT PROHIBITING DISCRIMINATION, MARGINALIZATION, AND VIOLENCE COMMITTED ON THE BASIS OF SEXUAL ORIENTATION OR GENDER IDENTITY OR EXPRESSION (SOGIE) AND PROVIDING PENALTIES THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "SOGIE-based Anti-

Discrimination Act".

SEC. 2. Declaration of Policy. - The State recognizes the fundamental right to

equality and to freedom from discrimination of every person regardless of sex, age, class, status, ethnicity, color, disability, religious and political beliefs, sexual orientation, or gender identity or expression, to equality and to be free from any form of discrimination. It shall, therefore, intensify its efforts to uphold, protect, and respect the rights and dignity of every individual. Towards this end, the State shall address all forms of discrimination, marginalization and violence on the basis of sexual orientation, or gender identity or expression, and promote human dignity as enshrined in the 1987 Constitution, the United Nations Universal Declaration on Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, particularly the General Recommendation No. 28 on Non-discrimination Based on Sexual Orientation and Gender Identity, Convention on the Rights of the Child, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, and all other relevant human rights instruments and international conventions to which the Philippines is a signatory. In the enforcement of this Act, the fundamental right of parents in the upbringing of their children in accordance with their religious convictions will be given all due respect. In all matters, the best interest of children shall be paramount.

SEC. 3. Definition of Terms. - As used in this Act, the following terms shall

refer to the following: a) Child refers to a person below eighteen (18) years of age or older but who is incapable of taking care of one's self, as defined under Republic Act No. 7610, as amended; b) Discrimination refers to any distinction, exclusion, restriction, or preference which is based on any ground such as sex, sexual orientation, gender identity or expression, among others, and which has the purpose or effect of nullifying or impairing recognition, access to, enjoyment, or exercise by all persons of all rights and freedoms. The birth gender, sexual orientation, or gender identity or expression of the person subjected to discrimination shall not be relevant for the purpose of determining whether an act of discrimination has been committed; c) Gender Expression refers to the way a person communicates gender identity through behavior, clothing, hairstyles, communication or speech pattern, or body characteristics; d) Gender Identity refers to the personal sense of identity of an individual as characterized, among others, by the manner of clothing, inclinations, and behavior in relation to masculine or feminine conventions. A person may have a male or female identity with the physiological characteristics of the opposite sex, in which case this person is considered transgender; e) Hate Crimes refer to criminal offenses committed against a person or a group of persons, or against such targeted person's or group's honor or property, motivated in whole or in part by the offender's biases against gender, sexual orientation, gender identity or expression; f) Harassment refer refers to unwanted act or series of acts which tend to annoy, insult, bully, demean, offend, threaten, intimidate, alarm, or any other conduct which creates a hostile or emotionally distressing environment, or put one in fear of their safety; such act may also include physical assault, stalking, or making derogatory comments, sexist, homophobic or transphobic slurs or lewd propositions; g) LGBT Community refers to the collective of persons who are male and female homosexuals (gays and lesbians, respectively), bisexual, and transgender;

h) Marginalization refers to a condition where a whole category of people is excluded from useful and meaningful participation in political, economic, social, and cultural life; i) Persons of Diverse Sexual Orientation, Gender Identity, Expression and Sex Characteristics (SOGIESC) refers to the collective of persons who are male and female homosexuals or "gays" and "lesbians", respectively; including persons who are attracted to people of more than one gender or "bisexuals"; persons whose gender identity do not align with their sex or gender assigned at birth or "transgender" persons; or persons whose primary and/or secondary sex characteristics, or their combination of chromosomes, external genitalia, gonads, hormones, and/or internal reproductive organs, differ from the two expected patterns of "female" and "male" and cannot be easily categorized as either of them or "intersex" persons; persons whose sexual orientation, gender identity, or gender expression does not conform to cisgender-heterosexual norms or "queer"; persons whose gender do not fall within the gender binary of female and male or "non-binary"; or persons whose gender expression does not align with their gender identity or "gender non-conforming" persons, among others; j) Profiling refers to subjecting a person or group of persons to investigatory activities, which include unnecessary, unjustified, illegal, and degrading searches, seizures, detention, questioning, inclusion in a list or other acts committed for the purpose of determining whether an individual or a group is engaged in an activity presumed to be unlawful, immoral or socially unacceptable; k) Sex refers to male, female, or intersex. Intersex refers to people born with the sex characteristics (including genitals, gonads and chromosome patterns) that do not fit typical binary notions of male or female bodies, all of which are natural bodily variations along a spectrum; Sexual Orientation refers to the direction of emotional, sexual attraction, or conduct towards people of the same sex (homosexual orientation) or towards people of both sexes (bisexual orientation), or towards people of the opposite; m) Stigma refers to the devaluation and dehumanization of an individual in the eyes of others based on attributes that are arbitrarily defined by others as

discreditable or unworthy, and which result in discrimination when acted upon.

SEC. 4. Discriminatory Practices. - It shall be unlawful for any person, natural

or juridical, to cause discrimination or to discriminate on the basis of sexual orientation or gender identity or expression as defined in this Act, by: a) Denying access to public services, including military service; b) Including sexual orientation or gender identity or expression, as well as the disclosure of sexual orientation, in the criteria for hiring, promotion, transfer, designation, work assignment, re-assignment, dismissal, and other human resource movements, 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 shall apply to employment and skills training in both the private sector and public service, including military, police, and other similar services; and Provided, further That this prohibition shall likewise apply to the contracting and engaging of the services of juridical persons; c) Refusing admission or expelling a person from any educational or training institution including discriminating against a student or trainee due to the sexual orientation or gender identity or expression of the student's parents or guardian: Provided, however, That the right of educational and training institutions to determine the academic qualifications of their students or trainees shall be duly upheld; d) Promoting and encouraging stigma on the basis of SOGIESC in the media, in educational textbooks, and other medium. Inciting violence and sexual abuse against any person or group on the basis of SOGIESC is likewise prohibited; e) 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 sexual orientation or gender identity or expression of their members or of their target constituencies;

f) Denying a person access to public or private medical and other health services open to the general public; g) 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; h) Denying a person access to or the use of establishments, facilities, utilities, or services, including housing, open to the general public: Provided, That the act of giving inferior accommodations or services shall be considered a denial of access or use of such facility or service: and Provided, finally, That this prohibition covers acts of discrimination against juridical persons solely on the basis of the sexual orientation or gender identity or expression of their members or of their target constituencies; i) Subjecting or forcing any person to undertake any medical or psychological examination to determine or alter, or both, the person's sexual orientation or gender identity or expression without the express approval of the person involved, Provided that, in cases where the person involved is a minor and below the age of discernment, prior approval of the appropriate Family Court shall be required, and Provided further, that in the latter case, the child shall be represented in the proceedings by the Solicitor General or the latter's authorized representative; j) Harassment, coercion, or threats committed by members of law enforcement agencies including discriminatory acts committed during the process of arresting or placing a person under custody, or while a person is under arrest or in custody, such as, among others, extortion, and any form of physical, verbal or sexual abuse, as well as similar actions committed by juridical persons on their members, stockholders, clients, or patrons; k) Engaging in public speech meant to shame, insult, vilify, and incite or normalize the commission of discriminatory practices against LGBTs; 1) Subjecting persons or groups to harassment generally defined as such unwanted conduct, pattern of conduct, act, or series of acts which tend to insuit, bully, demean, threaten, intimidate, or create a hostile environment, or instill fear for their safety, which include physical assault, stalking, or making derogatory comments, or lewd propositions, through any form or medium, including but not limited to, visual representation, broadcast

communication, correspondence or communication or any telecommunication device, or through the internet or cyberspace; m) Subjecting any person or group to gender profiling or to any unlawful Investigatory activities, such as (1) illegal searches to discover any activity that may be deemed immoral or socially unacceptable; (2) recording and analyzing, without the consent of the person/s concerned, the psychological and behavioral characteristics of such person/s to make generalizations about their sexuality or to assist in identifying their sexual orientation or gender identity; and n) Preventing or rejecting children, under parental authority, custody, or guardianship, their sexual orientation or gender identity or expression by inflicting or threatening to inflict bodily or physical harm on them, or by causing them mental or emotional suffering through intimidation, harassment, public ridicule or humiliation, repeated verbal abuse, or other similar means, or by committing pany act or omission prejudicial to the welfare and interest of the children due to their sexual orientation or gender identity.

SEC. 5. Administrative Sanctions. - Government officials who fail to investigate,

prosecute, or act on a complaint for any violation of this Act, or who cause unreasonable delay in the investigation, prosecution or any action on such complaint shall be deemed to have committed gross negligence and shall be imposed the appropriate administrative penalties under existing civil service laws, rules and regulations.

SEC. 6. Penalties. - A person who commits any discriminatory practice

described in Section 4 shall, upon conviction, be penalized by a fine of not less than One hundred thousand pesos (P100,000) but not more than Five hundred thousand pesos (P500,000) or imprisonment of not less than six (6) months but not more than six (6) years, or both. If the discriminatory act is committed by a corporation, partnership, association or other juridical entity, the penalty provided in this section shall be imposed upon the directors and officers thereof, without prejudice to the civil liabilities arising from the offense. Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years.

Nothing in this Act shall preclude the victim from instituting a separate and independent action for damages and other affirmative reliefs or such other cases for violation of other applicable penal laws. Further, nothing in this Act shall be construed as giving authority to the State to unduly interfere with the legitimate exercise by the parents or the guardians of their right to discipline a child under their parental authority, custody or guardianship. The penalties provided under this Section shall be meted without prejudice to the imposition of administrative liabilities on erring government officials and employees.

SEC. 7. Special Aggravating Circumstance. - A person who commits any of the

crimes in the Revised Penal Code or any special law and who is proven to have committed the same motivated by bias, prejudice, or hate based on sex, sexual orientation, or gender identity or expression, shall suffer the maximum penalty imposed by the Code or the relevant special law for such crime.

SEC. 8. Redress Mechanism for SOGIE-Related Offenses. - The Women and

Children's Desks now existing in all police stations shall be renamed as Women, Children and LGBTQ+ + Protection Desks, to enable them to also act on and attend to complaints/cases covered by this Act. In this regard, police officers shall undergo trainings on human rights and SOGIES, gender sensitivity and awareness, and the use of the human rights approach in the handling, investigation, and documentation of cases filed by persons of diverse SOGIESC. Complainants who are minors shall be represented by parents, guardians, or a non-government organization of good standing and reputation.

SEC. 9. Government Programs and Policies. - The State shall pursue initiatives

and programs that seek to establish and maintain an environment free of discrimination. It shall actively promote non-discrimination and shall encourage other sectors of the society to engage and participate in these efforts. It shall ensure the implementation of the following programs: a) Social Protection Programs - The national government shall ensure that communities vulnerable to discrimination on the basis of sexual orientation or gender identity or expression are integrated into government-run social protection programs; and b) Diversity Programs and Trainings - All government agencies, including government-owned and controlled corporations, local government units (LGUs), private companies, public and private education institutions, and other entities shall establish diversity programs and endeavor to provide trainings for their employees, students, trainees, and constituents on gender sensitivity and awareness, and

sensitization on the issue of violence and abuse to ensure that human rights violations and violence on the basis of sexual orientation or gender identity or expression are prevented, Provided that, such agencies may incorporate these activities into their existing gender sensitivity and development training programs, if any, or school curricula, and Provided, further that, the above agencies, companies and institutions shall establish Internal redress mechanisms to address cases of discrimination and implement administrative remedies or sanction for such cases.

SEC. 10. Anti-discrimination Congressional Oversight Committee. - For the

effective implementation of this Act, there shall be created a Congressional Oversight Committee, hereinafter referred to as the Anti-Discrimination Oversight Committee, within sixty (60) days after the effectivity of this Act. The Anti-Discrimination Oversight Committee shall be composed of five (5) members each from the Senate and the House of Representatives, which shall include the Chairpersons of the Senate Committees on Women, Children, Family Relations and Gender Equality, and of Justice and Human Rights, and the Chairpersons of the House of Representatives Committees on Women and Gender Equality, and of Human Rights. The members from the Senate and the House of Representatives shall be appointed by the Senate President and the Speaker, respectively, with at least one (1) member representing the minority. The Anti-Discrimination Oversight Committee shall be chaired jointly by the Chairpersons of the Senate Committee on Women, Children, Family Relations and Gender Equality and the House Committee on Women and Gender Equality. The position of Vice-Chairperson of the Anti-Discrimination Oversight Committee shall be jointly held by the Chairpersons of the Senate Committee on Justice and Human Rights and the House Committee on Human Rights. The Secretariat of the Anti-Discrimination Committee shall come from the Secretariat personnel of the Senate and the House of Representatives committees concerned. The Anti-Discrimination Oversight Committee shall monitor the compliance of public institutions to the provisions of this Act. Within three (3) years after the enactment of this Act, the Anti-Discrimination Oversight Committee shall conduct an audit of national and local policies that discriminate on the basis of sexual orientation or gender identity and expression, and shall submit a report to Congress, and the Office of the President, on this subject.

SEC. 11. Implementing Rules and Regulations. - Within sixty (60) days from

the effectivity of this Act, the Civil Service Commission (CSC), Department of Justice (DO], Philippine National Police (PNP), Department of National Defense (DND), Department of Labor and Employment (DOLE), Department of Education (DepEd), Commission on Higher Education (CHED), Technical Education and Skills Development

1 Authority (TESDA), Department of Health (DOH), and at least three (3) civil society organizations (CSOs) with proven expertise and track record on SOGIE concerns, shall promulgate the necessary implementing rules and regulations for the effective Implementation of the provisions of this Act.

SEC. 12. Separability Clause. - If any provision of this Act is declared

unconstitutional or otherwise invalid, the validity of the other provisions shall not be affected thereby.

SEC. 13. Repealing Clause. - All laws, decrees, orders, rules and regulations,

or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 14. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved,