Comprehensive Anti-discrimination Act

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 25 IUL 14 P2:46 First Regular Session SENATE Senate Bill No.. Introduced by Senator JOEL VILLANUEVA AN ACT PROHIBITING DISCRIMINATION ON THE BASIS OF AGE, SEX, CIVIL STATUS, COLOR, ECONOMIC STATUS, ETHNICITY, MEDICAL CONDITION, PHYSICAL DISABILITY, POLITICAL OPINION OR AFFILIATION, RACE, OR RELIGIOUS BELIEF, PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES EXPLANATORY NOTE Despite constitutional guarantees of equality, many Filipinos still experience discrimination on account of age, sex, color, ethnicity, disability, religious belief, and socioeconomic status, among others. The United Nations (UN), noting that 1 in 6 people worldwide has faced discrimination in some form, has repeatedly emphasized that discriminatory practices in employment, education, and public services contribute to social exclusion and deepen poverty and inequality.? Moreover, the International Labour Organization (ILO) has pointed out that discrimination hampers development opportunities for various sectors, including indigenous and tribal peoples, women, children, people with disabilities, and other socially isolated groups. 3 UN. SDG Goal 10: Reduced inequalities. Available at https://unstats.un.org/sdgs/report/2023/goal-10/ (Accessed on 26 April 2025). UN Department of Economic and Social Affairs. Leaving no one behind: The imperative of inclusive developmer Report on the World Situation 2016). Available at https://www.un.org/esa/socdev/rwss/2016/full-report.p (Accessed on 26 April 2025). 3 ILO. Equality and discrimination in the Philippines. Available at https://www.ilo.org/regions-and-countries/asia- and-pacific/philippines/areas-work/equality-and-discrimination- philippines#:~:text=Central%20to%20ILO's%20work%20since,the%20Decent%20Work%20Common%20A genda (Accessed on 26 April 2025).

As a state party to core UN treaties such as the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, Convention on the Elimination of All Forms of Racial Discrimination, Convention on the Elimination of All Forms of Discrimination Against Women, Convention on the Rights of the Child, and Convention on the Rights of Persons with Disabilities, the Philippines has committed to eliminating discrimination in all forms. Beyond fulfilling human rights commitments, there are strong social and economic reasons for ensuring comprehensive protection against discrimination. The UN Sustainable Development Goals, particularly Goal 10 on reducing inequalities, emphasize the role of inclusive legal frameworks in promoting national development. Other nations that have implemented robust anti-discrimination policies have seen tangible gains in inclusion, productivity, and public trust. Cognizant of this, this bill aims to prohibit discrimination based on age, sex, civil status, color, economic status, ethnicity, medical condition, physical disability, political opinion or affiliation, race, or religious belief. It also seeks to ban the promotion and perpetuation of stigma through media, educational materials, and other platforms. Additionally, it prohibits the use of these discriminatory grounds in decisions related to hiring, promotion, transfer, designation, work assignments, reassignment, employee dismissal, performance evaluations, compensation, career advancement, training, skills development programs, incentives, benefits, allowances, and other terms and conditions of employment. This bill nonetheless provides exemptions for certain actions that would not be classified as discriminatory. These include actions that align with or uphold an individual's religious beliefs or those necessary to prevent conflict with the values of religious adherents. Additionally, certain measures may be permitted when they constitute bona fide occupational qualifications essential to the regular operation of a particular business or when justified by reasonable management prerogatives, among other valid considerations. This bill also affirms that the State must, in all instances, refrain from infringing upon the right to religious freedom, except when a compelling state interest justifies such action. Even then, under this bill, it is mandated that measures to be adopted should be least restrictive to religious freedom, in line with Article III, Section 5 of the Constitution. Additionally, it is emphasized that the fundamental right of parents to raise their children according to their religious beliefs must be fully recognized and given due and utmost respect. This bill also mandates the provision of social protection measures, adoption of diversity programs and policies, conduct of information and education campaigns, and establishment of a system of affirmative actions aimed at safeguarding the rights of groups that are most vulnerable to discrimination.

Ultimately, this bill seeks to establish and institutionalize a comprehensive anti- discrimination policy, one that is genuinely inclusive and offers broad protection to all Filipinos, in alignment with the principles enshrined in the Constitution and our core values as Filipino people. Thus, the passage of this measure is earnestly sought. брем ILLANUEVA

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) P2:46 ) JU- First Regular Session RE.: SENATE Senate Bill No. Introduced by Senator JOEL VILLANUEVA AN ACT PROHIBITING DISCRIMINATION ON THE BASIS OF AGE, SEX, CIVIL STATUS, COLOR, ECONOMIC STATUS, ETHNICITY, MEDICAL CONDITION, PHYSICAL DISABILITY, POLITICAL OPINION OR AFFILIATION, RACE, OR RELIGIOUS BELIEF, PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES 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 "Comprehensive Anti-

Discrimination Act. "

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

4 of every person, regardless of age, sex, civil status, color, economic status, ethnicity, 5 medical condition, physical disability, political opinion or affiliation, race, or religious 6 belief, to be free from any form of discrimination. It shall therefore intensify its efforts to fulfill its duties under international and domestic laws to respect, protect, and fulfill the rights and dignity of every individual. Towards this end, the State shall exert efforts to address all forms of 10 discrimination and promote human dignity as enshrined in the United Nations Universal Declaration of Human Rights, Convention on the Elimination of All Forms of Discrimination Against Women, Convention on the Rights of the Child, International 13 Covenant on Civil and Political Rights, International Covenant on Economic, Social and

Cultural Rights, and all other relevant and universally accepted human rights instruments and conventions to which the Philippines is a signatory. In all cases, the State shall avoid overriding the right to religious freedom unless there is a compelling state interest and shall adopt means which are least restrictive to freedom of religion as enshrined under Article III, Section 5 of the Constitution, in the pursuit of protection against discrimination. Moreover, in the enforcement of this 7 Act, the fundamental right of parents in the upbringing of their children in accordance with their religious convictions shall be given due and utmost respect.

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

be defined as follows: a) Discrimination refers to any distinction, exclusion, restriction, preference or other preferential treatment based, whether actual or perceived, on age, sex, civil status, color, economic status, ethnicity, medical condition, physical disability, political opinion or affiliation, race, or religious belief, and has the purpose or effect of nullifying or impairing the recognition, access to, enjoyment, or exercise by all persons on equal footing of all rights and freedoms granted by the Constitution and other laws. Discrimination also includes incitement to discriminate and harassment; b) Profiling refers to the act of subjecting a person or group of persons to investigatory activities, which include unnecessary, unjustified, illegal and degrading searches, or other investigatory activities, in determining whether an individual is engaged in an activity presumed to be unlawful, immoral, or socially unacceptable; Religious belief refers to the profession of a particular belief system based on religious grounds that may publicly or privately be manifested in worship, observance, practice, and teaching; d) Sex refers to the biological, structural, and functional characteristics of an individual; and Stigma refers to the dynamic devaluation and dehumanization of an individual in the eyes of others which may be based on attributes that are arbitrarily defined by others as discreditable or unworthy, and which result in discrimination, as defined under this Act, when acted upon.

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

natural or juridical, to: Promote and encourage stigma on the basis of the grounds referred to in this Act, in the media, in educational textbooks, and other medium; Incite violence or abuse against any person or group of persons on the basis of the grounds referred to in this Act; Include any of the grounds referred to in this Act in the criteria for hiring, promotion, transfer, designation, work assignment, re-assignment, dismissal of workers and other human resource movement and action, performance review, determination of employee compensation, career development opportunities, training and other learning and skills development interventions, incentives, privileges, benefits or allowances, and other terms and conditions of employment, and in determining whether or not to contract or engage the services of associations or organizations: Provided, That this provision shall apply to employment in both the private sector and public service, including military, police, and other similar services: Provided, further, That in all cases, employers may reserve the right to adopt and enforce workplace rules and policies consistent with, among others, their business needs or religious beliefs and values; d) Refuse admission or expel a person from any educational or training institution on the basis of the grounds referred to in this Act: Provided, however, That the right of educational and training institutions to determine the academic requirements and other qualifications of their students or trainees shall be duly upheld: Provided, further, That educational and training institutions may reserve the right to refuse admission or expel a person if he/she acts contrary to the religious values of the institution, if any; e) Impose disciplinary sanctions, penalties harsher than customary or similar punishments, requirements, restrictions, or prohibitions that infringe upon the rights of students on the basis of the grounds referred to in this Act, including discriminating against a student or trainee due to any of the aforesaid status of the student or trainee's parents or legal guardian;

f) Refuse or revoke 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 status or condition of their members or of their target constituencies, unless the said act is contrary to the values, including religious beliefs, of the educational institutions, workplaces, communities, and other settings; Deny a person access to public or private medical and other health services open to the general public, as well as access to public and private health insurance, including Health Maintenance Organization (HMO)-provided medical plans, on the basis of the grounds referred to in this Act; h) Deny an application for, or revoke, on the basis of the grounds referred to in this Act, any government license, authority, clearance, permit, certification, or other similar documents necessary to exercise a profession, business, or any other legitimate calling: Provided, That in no case shall a marriage license be issued to contracting parties who do not satisfy the essential requisites of marriage, as provided under Chapter 1, Article 2 of the Family Code of the Philippines; Deny a person access to, or the use of, establishments, facilities, utilities, or services, including housing, open to the general public on the basis of the grounds referred to in this Act: Provided, That this prohibition covers acts of discrimination against juridical persons solely on the basis of the status or condition of their members or of their target constituencies: Provided, further, That the owners and/or management of the establishment may reserve the right to refuse service to any individual if the said act is contrary to his/her values, including religious beliefs; Subject or force any person to undertake any medical or psychological examination to determine or alter any of the circumstances referred to in this Act, without the express consent of the person involved, or in the case of a minor, his/her parents or judicially-appointed guardians; and k) Subject any person, natural or juridical, to profiling, detention, or verbal or physical harassment on the basis of the grounds referred to in this Act. For the avoidance of doubt, members of law enforcement agencies, including the

military, police, and immigration officials, shall be prohibited from profiling, detaining, or verbally or physically harassing any person, including persons in custody or in detention, on the basis of the grounds referred to in this Act.

SEC. 5. Exceptions. - Notwithstanding Section 4 of this Act, the following acts

shall not be deemed unlawful and discriminatory, within the meaning of this Act: a) When the act conforms to or promotes the beliefs or doctrines of a person's religion or when the acts or practices are necessary to avoid conflict with the values of religious adherents; b) When any of the circumstances enumerated under this Act are bona fide qualifications, occupational or otherwise, reasonably necessary to the normal operation of a particular business, or reasonable grounds governing management prerogative; c) When any of the circumstances with respect to a particular line of work is based on an inherent requirement which is necessary in achieving a legitimate work- related function; or d) When the act or omission is done in good faith for the purpose of promoting or advancing the interests of a person or group who needs, or may reasonably be presumed to need, assistance or advancement in order to achieve equality with other members of the society.

SEC. 6. Administrative Sanctions. - Any responsible government official, in

the exercise of his/her functions, who willfully refuses, without any valid ground, to investigate, prosecute, or otherwise act on a complaint for a violation of this Act shall be guilty of gross negligence and shall be subjected to appropriate administrative proceedings.

SEC. 7. Penalties. - Any person who commits any of the discriminatory

practices enumerated under this Act shall, upon conviction, be penalized by a fine ranging from Fifty Thousand Pesos (P50,000.00) to Five Hundred Thousand Pesos (P500,000.00) or imprisonment of not less than three (3) months but not more than two (2) years, or both, subject to the discretion of the court.

In addition, the court shall require the offender to render community service of 2 twenty (20) hours, inclusive of attendance to seminars that advocate anti- 3 discrimination agendas related to the committed discriminatory act. Nothing in this Act shall preclude the victim from instituting a separate and 5 independent action for damages and other affirmative reliefs. For the avoidance of doubt, the penalties provided under this Section shall be 7 without prejudice to the imposition of administrative liability on government officials or employees who violate the provisions of this Act.

SEC. 8. Redress Mechanisms for Discrimination Cases. -

Inclusion of Discrimination Concerns in All Police Stations. - The Women a) and Children's Desks now existing in all police stations shall also act on and attend to complaints/cases covered by this Act. In this regard, the police officers handling said desks shall undergo trainings on human rights and sensitization on the issue of violence and abuse on the basis of the grounds referred to in this Act. Complainant-minors can be represented by parents, guardians, social workers, or a non-government organization of good standing and reputation. b) Role of the Civil Service Commission. - The Civil Service Commission (CSC) shall promulgate the appropriate rules and regulations for the establishment of a grievance mechanism to address discriminatory practices committed in, and by officials or employees of, government agencies, instrumentalities, and government-owned and controlled corporations (GOCCs), and other offices under its jurisdiction. C) Role of the Department of Labor and Employment. - The Department of Labor and Employment (DOLE) shall promulgate the rules and regulations necessary to enhance anti-discrimination protection in workplaces, including the establishment of a grievance mechanism to address discriminatory practices committed in the workplace. d) Role of the Commission on Human Rights. - The Commission on Human Rights (CHR) shall investigate and recommend the filing of a complaint against any State actor violating the provisions of this Act.

The CHR shall also direct the officer concerned to take appropriate action against a public official or employee at fault, or who neglects to perform an act or discharge a duty required under this Act, and recommend the revocation of license, removal from office or employment, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith. Refusal by any officer without just cause to comply with an order of the CHR to revoke the license, remove, suspend, demote, fine, censure, or prosecute an official or employee who is at fault, or who neglects to perform an act or discharge a duty required under this Act, shall be a ground for disciplinary action against said officer.

SEC. 9. Programs to Promote Non-Discrimination and Diversity. - To

eliminate all forms of discrimination, the State shall pursue initiatives and programs that seek to enable an environment free of stigma and discrimination. It shall direct the machinery and resources of the State to promote non-discrimination, encourage other sectors of the society to engage and participate in these efforts, and, as far as practicable, ensure the implementation of the following programs: a) Social Protection Programs. - The national government shall ensure that communities vulnerable to stigma and discrimination on the basis of the grounds referred to in this Act are integrated into government-run social protection programs. b) Diversity Programs and Policies. - All government agencies, GOCCs, private companies, public and private educational institutions, and other entities shall establish diversity programs to ensure that all forms of discrimination are prevented. They shall also create an internal redress mechanism to address cases of discrimination and develop administrative remedies or sanctions for such cases. Public institutions shall incorporate these programs into existing gender and development programs. c) Information and Education Campaign. - All government agencies and instrumentalities are mandated to develop and implement information dissemination campaign on any of the prohibited forms of discrimination. To this end, they shall endeavor to produce and publish information and education materials on discrimination.

d) Affirmative Action. - The State shall develop a system of affirmative actions towards protecting the rights of Indigenous Peoples, other cultural minority groups, and groups that are most vuinerable to discrimination.

SEC. 10. Implementing Rules and Regulations (IRR). - Within sixty (60)

5 days from the effectivity of this Act, the CHR, CSC, DOLE, Philippine National Police, 6 Department of the Interior and Local Government, Department of Education, and 7 other appropriate government agencies and stakeholders shall promulgate the implementing rules and regulations for the effective implementation of this Act. Failure of the relevant government agencies to promulgate the IRR within the specified period shall subject the heads of these government agencies to administrative penalties under applicable civil service laws. Should the IRR contain provisions that are contrary to this Act, the heads of the government agencies responsible for such provision, when done in bad faith or with gross negligence, shall be held administratively liable.

SEC. 11. Separability Clause. - If any portion or provision of this Act is

declared unconstitutional, the remainder hereof or any provisions not affected thereby shall remain in force and effect.

SEC. 12. Repealing Clause. - Any law, presidential decree or issuance,

executive order, letter of instruction, rule, or regulation inconsistent with the provisions of this Act is hereby repealed or modified accordingly.

SEC. 13. Effectivity. - This Act shall take effect fifteen (15) days after its

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