Comprehensive Anti-discrimination Act

: TWENTIETH CONGRESS OF THE ) ) REPUBLIC OF THE PHILIPPINES 25 JUL 15 All :20 First Regular Session ) RECENED UN SENATE S. No. _ Introduced by Senator Robinhood Padilla AN ACT PROHIBITING DISCRIMINATION ON THE BASIS OF PROTECTED ATTRIBUTES, PROVIDING PENALTIES THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE The principle of equality and non-discrimination is at the heart of every human rights law. Despite this, it is a reality that discrimination still remains a fundamental problem in our modern world. As reported by Amnesty International, a group that commits itself to challenge discriminatory practices around the globe, "discrimination occurs when a person is unable to enjoy his or her human rights or other legal rights on an equal basis with others because of an unjustified distinction made in policy, law or treatment." The principle of equality thereby requires States to undertake actions to diminish or eliminate conditions that cause or help to perpetuate discrimination. In the Philippine context, no less than the 1987 Constitution guarantees the right of every Filipino to equal protection of the laws as it likewise declares that the State values the dignity of every human person and guarantees full respect for human rights (Section 11, Article Il). Regrettably, it is a reality that differing and adverse treatment on the basis of race, ethnicity, religion, or even involvement with the justice system still exists in a democratic country like ours. Like other nations around the world, social exclusion, intolerance, and discrimination prevail and harm the basic rights of every member of our society.

As part of our commitment to undertake legislative and other measures as may be necessary to give effect to the principles of the highest law of our land, taking into consideration international treaties, covenants, and human rights instruments, this bill is being proposed to make any act of discrimination justiciable, which means that such action becomes an actionable wrong with criminal and/or civil sanction. This bill lays down the prohibited and punishable acts of discrimination against a person, his/her relative up to fourth degree of consanguinity or affinity, or representative, when committed on the basis of race, color, descent, national or ethnic origin, religion, or religious affiliation or beliefs, or being formerly incarcerated. Diversity is among the constants of Philippine society. There is no normative framework that regulates people's relations except the mores of the society which have continued to evolve through time. In order to ensure that every Filipino's equality is preserved and human dignity is protected, the passage of this measure is earnestly sought. ROBINHOOD PADILLA Senator

: TWENTIETH CONGRESS OF THE 25 JUL 15 A11:20 REPUBLIC OF THE PHILIPPINES First Regular Session RECCI FDO SENATE S. No. 613 Introduced by Senator Robinhood Padilla AN ACT PROHIBITING DISCRIMINATION ON THE BASIS OF PROTECTED ATTRIBUTES, 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. - It is the policy of the State to work actively for

the elimination of all forms of discrimination that offends the equal protection clause 5 of the Bill of rights, and the State's obligations under human rights instruments 6 acceded to by the Republic of the Philippines, particularly those discriminatory 7 practices based on age, indigenous, cultural, racial, or ethnic origin, religious belief or 8 activity, political inclination or conviction, social class, sex, sexual orientation, sex 9 characteristics, gender identity, gender expression, marital relationship status, 10 disability, HIV status, profession, occupation, employment status, educational attainment, maternity and pregnancy, deprivation of liberty, former incarceration, health status or medical history, language, physical features, or other status. Toward this end, the State shall exert efforts to address all forms of discrimination and violence and to promote human dignity as enshrined in the United Nations Universal Declaration on Human Rights, the Convention on the Elimination of 16 All Forms of Discrimination Against Women, particularly the General Recommendation 17 No. 28 on Nondiscrimination based on sexual orientation and gender identity,

1 Convention on the Rights of the Child, International Covenant on Civil and Political 2 Rights, International Covenant on Economic, Social and Cultural Rights, International 3 Convention on the Elimination of All Forms of Racial Discrimination, Convention on the 4 Rights of Persons with Disabilities, International Convention on the Protection of All 5 Migrant Workers and Members of their Families, United Nations Declaration on the 6 Rights of Indigenous Peoples, and the relevant General Comments or 7 Recommendations by the concerned United Nations Treaty-Bodies, and all other 8 relevant and universally accepted human rights instruments and other international 9 conventions to which the Philippines is a signatory of. As such, discriminatory practices as defined herein shall be prescribed and penalized.

Sec. 3. Definition of Terms. - For the purposes of this Act, the following terms

shall be defined as follows: a. Age Discrimination refers to an act of discriminating a person, which includes bullying, based solely on the actual or perceived age of a person, whether accurate or not; b. Bangsamoro People are those who, at the advent of the Spanish colonization, were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands, whether of mixed or full blood, shall have the right identify themselves, their spouses and descendants, as Bangsamoro; c. De Facto Spouse of Another Person is defined to mean a person who cohabits or lives with another person in a relationship similar to marriage but is not legally married to that person; d. Disability refers to a (1) long-term physical or mental intellectual or sensory impairments that substantially limits one or more psychological, physiological, or anatomical function of an individual or activities of that individual; (2) a record of such an impairment; (3) or being regarded as having such an impairment; e. Discrimination constitutes any distinction, exclusion, restriction, or preference or other differential treatment that is directly or indirectly based on the protected attributes, which has the purpose or effect of nullifying or impairing the recognition, employment or exercise, on an

: equal footing, of the political, civil, economic, social, and cultural rights. It also includes association with the person who has, or is believed to have any of these attributes. Discrimination, which also includes incitement to discriminate and harassment, is a result of stigma. The actual status of the person subjected to discrimination shall not be relevant for the purpose of determining whether an act of discrimination has been committed. i. Direct Discrimination occurs where a person is treated less favorably than another person in the same or comparable circumstances on the ground of their protected attributes, as defined under Section 4 of this Act. Direct discrimination also includes detrimental acts or omissions on the basis of prohibited grounds where there is no comparable similar situation. ii. Indirect Discrimination occurs where a law, rule, regulation, policy, condition, practice, or requirement, which appears neutral on its face, has the effect of putting a person with a particular protected attribute in a disadvantage which is not reasonable in the circumstances. f. Education and Training refers to all types and levels of education, training, and other avenues for learning, and includes access thereto, the standard and quality thereof and the conditions under which the same is given; g. Employment refers to all terms, conditions, and privileges relating to engagement in work which includes all terms, conditions, and privileges in public and private institutions, including recruitment policies, application, procedures, training, incentives, compensation, determination of benefits or allowances, promotion, advancement opportunities, transfer, dismissal, and retirement. The definition shall apply to all employees regardless of their status of employment. In legitimate contracting arrangements, the contractor/subcontractor shall be deemed the employer of the contractual employee. The terms of employment and occupation shall include access to training, access to

employment and to particular occupations, and terms and conditions of employment; h. Ethnic Origin refers to the classification of people based on common color, descent, racial, national, tribal, religious, ethno-linguistic or cultural origin or background; i. Formerly Incarcerated Person refers to a person or individual with prior justice system involvement, including but not limited to the following: one who had been accused of committing a criminal act; one who had been acquitted; or one who may have been previously incarcerated and served his or her sentence in any jail system and penal institution; j. Gender refers to a social construct or a set of socially ascribed characteristics, norms, attributes, values and expectations categorizing a person as man, woman, or other identity which is usually based on one's sex assigned at birth and identifying the social behavior among them; k. Gender Expression refers to a person's presentation of their gender through physical appearance, including dress, hairstyles, accessories, cosmetics, and mannerisms, speech, behavioral patterns, names, personal references and other external manifestations, among others; I. Gender Identity refers to each person's deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth; m. Goods and Services refer to the material and non-material products or things of value offered for sale to satisfy needs and wants for survival, comfort, or pleasure including, but not limited to, as those provided by restaurants, resorts, hotels, clubs, stores and shopping malls; or acts or services provided by credit or financial establishments, public and private utilities and services, professionals, maintenance and repair workers, laborers and similar workers; n. Harassment refers to the unwanted treatment against a person on grounds of one or more protected attributes or in association with them,

with the effect or purpose of creating unfriendly, hostile, offensive, humiliating or rejecting atmosphere for that person; o. Health Status refers to a person's physical or mental health; p. HIV Status refers to the actual or perceived presence or absence of the human immunodeficiency virus (HIV) in the body of an individual; q. Housing and Other Accommodations refer to, whether public or private, a house, apartment, condominium, townhouse, flat, motel, boarding house, hotel, dormitory, shelter, elderly home, rehabilitation facility, orphanage, and health facility including mental health facility, detention center, camping ground and other analogous places; r. Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) shall, as provided under Section 3(h), Chapter II of Republic Act No. 8371 or "The Indigenous Peoples' Rights Act of 1997" (IPRA), refer to a group of people or homogenous societies identified by self-ascription and ascription by others, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed, and utilized such territories, sharing common bonds of language, customs, traditions, and other distinctive cultural traits, or who have, through resistance to political, social, and cultural inroads of colonization, non-indigenous religions and cultures, became historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous religions and cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural, and political institutions, but who may have been displaced from their traditional domains, or who may have resettled outside their ancestral domains; 5. Internal Displacement refers to the standing of persons or groups of persons who have been forced or obliged to flee or to leave their homes

or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized border; t. Intersex refers to people who are born with physical or biological sex characteristics, such as sexual anatomy, reproductive organs, hormonal patterns and/or chromosomal patterns, that do not fit the typical definitions for male or female bodies. For some intersex people, these traits are apparent at birth, while for others they emerge later in life, often at puberty; u. Language includes spoken and signed languages and other forms of non-spoken languages; v. Linguistic Discrimination refers to the unfair treatment of an individual based solely on the use of language, dialects and variations of language. This use of language may include the individual's native language or other characteristics of the person's speech, such as an accent, the size of vocabulary, whether the person uses complex and varied words, and syntax; w. Marginalization refers to a condition where a whole category of people is excluded or have limited opportunity from useful and meaningful participation in political, economic, social, and cultural life; x. Marital or Relationship Status refers to the personal status of each individual in relation to the marriage laws or customs of the country. The categories of civil status include any of the following: single, married, separated, widowed, or de facto spouse of another person; y. Occupation refers to a line of work, job, trade, or profession or any activity in which a person is engaged within the world of work, including production of goods for own final use, provision of services for own final use, volunteer work, and other forms of work aside from employment; z. Persons with Disabilities (PWDs) refer to persons who have long-term physical, mental, intellectual, or sensory impairments which in

interaction with various barriers may hinder their full and effective participation in society on an equal basis with others; aa. Physical Features refer to a person's height, size, weight or other bodily characteristics. It shall also include features that a person chooses to acquire, such as tattoos and piercings; bb. Political Inclination refers to a person's preference as regards membership or belief in a particular political candidate/personality, party, organization, or ideology. It covers both the holding and not- holding of opinions, as well as expression of views or membership within opinion-based associations, trade unions, or political parties; cc. Profession refers to a lawful occupation which requires specialized knowledge and often long and intensive academic preparation; dd. Profiling refers to an act by any person, including members of the police, military and uniformed personnel in government service, that arbitrarily relies solely to the existence of any or some of the prohibited attributes, as mentioned in Sec. 4 of this Act, as grounds in any investigation, which shall include, but is not limited to: (1) unnecessary, unjustified, illegal, or degrading searches, inquiries, custodial investigations, and arrests to determine whether an individual is engaged in an activity presumed to be unlawful, immoral, or socially unacceptable; or (2) recording and analyzing a person's psychological and behavioral characteristics to make generalizations about a person's protected attributes or to assist in identifying a particular subgroup of people's protected attributes: Provided, That, law enforcement officers are allowed to conduct criminal investigations based on the commission of illegal acts and not on stereotypical assumptions attached to any of the protected attributes; ee. Protected Attributes refers to identified grounds or characteristics where discrimination is prohibited. These grounds or characteristics include but is not limited to, age, indigenous, racial, color or ethnic origin, religious belief or activity, political inclination or conviction, social class, formerly incarcerated persons, sex, gender identity or expression, sexual orientation, sex characteristics, marital or relationship status, disability,

HIV status, profession or occupation, health status or medical history, language, physical features and other status; ff. Reasonable Accommodation means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms; 9g. Religious Belief or Activity refers to the conviction declaration or display of faith, values attitude and practices of a chosen religion or belief system that may be publicly or privately manifested in worship observance, practice and teaching; hh. Religious Expression refers to teachings and preaching of religious leaders on the basis of their faith, whether it conforms to or opposes one's view or belief, which are made within the confines of their religious service, ceremony or gathering and which are in accordance with the most deeply held fundamental religious convictions of the religion to which they belong; ii. Sex refers to the civil status of a person acquired by birth, having a system of reproduction corresponding to that belonging to male, female, or intersex; jj. Sex Characteristics refers to a person's physical traits that indicate their biological sex, such as chromosomes, external genitalia, gonads, hormones, and internal reproductive organs. Traits present at birth are called primary sex characteristics, whereas those that develop auring puberty are called secondary sex characteristics; kk. Sexual Orientation refers to the direction of emotional, sexual attraction, or conduct towards people of the same gender (homosexual orientation) or towards people of more than one gender (bisexual orientation), or towards people of different gender (heterosexual orientation) or to the absence of sexual attraction (asexual attraction);

Il. Social Class refers to groupings of individuals usually based on wealth, educational attainment, occupation, income, and membership in a subculture or social network; mm. Statelessness refers to the standing of a person, known as a stateless person, who is not considered as a national by any state under the operation of its law; nn. Stereotype refers to a generalized view preconception about the attributes or characteristics that are or ought to be possessed by, or the roles that are or should be performed by vulnerable communities or about an individual's protected attributes, vulnerable communities or about an individual's protected attributes, regardless of whether such thoughts or beliefs accurately reflect reality; o0. Stereotyping refers to the practice of ascribing to a person or a vulnerable community specific attributes, characteristics, or roles by reason only of their protected attributes; pp. 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 when acted upon. 4q. Vulnerable Communities refer to communities or sectors that encounter stigma and discrimination based on the grounds enumerated in Section 4; and rr. Other Status refers to other forms of differential treatment or grounds of discrimination which either undermines human dignity, causes or perpetuates systemic disadvantage, or adversely affects the equal enjoyment of a person's rights and freedoms in a serious manner that is comparable to the protected attributes enumerated in Section 4 of this Act. These grounds include, but are not limited to the following: association and relation with persons with protected attributes, pregnancy or maternity/paternity status, family responsibilities, health status or medical condition, or criminal record.

Sec. 4. Protected Attributes. - Discrimination that is directly or indirectly based

2 on the actual or perceived characteristics, which include age, culture, indigenous, 3 racial or ethnic origin, religious belief or activity, political inclination or conviction, 4 social class, sex, gender, sexual orientation, sex characteristics, gender identity, 5 gender expression, marital or relationship status, disability, HIV status, profession or 6 occupation, health status, language, physical features, employment status, maternity, 7 pregnancy, educational attainments, deprivation of liberty, former incarceration, 8 internal displacement, refugee status, statelessness, or other status is prohibited. For 9 purposes of this Act, these personal characteristics shall be collectively termed as "Protected Attributes" or "prohibited grounds for discrimination." The protected attributes that may be subjected to differentiation or any form of discrimination shall be interpreted in their most common or universal definitions and with due regard to the promotion of meaningful implementation to the policy of non-discrimination. In determining whether a person is distinguished by one or more of the protected attributes, identification shall, if no justification exists to the contrary, be based upon self-identification by the individual concerned.

Sec. 5. Acts of Discrimination, Unlawful. — Subject to Section 7 of this Act, the

acts of discrimination include, but are not limited to, the following: a. Inflicting stigma. It shall be unlawful for any person to commit any acts that promote, encourage, inflict, and perpetuate stigma based on the grounds referred to in Section 4. Content in all forms of the media, including social media, in educational textbooks, or in other medium that aims to promote, encourage, inflict, and perpetuate stigma, by any means, is likewise prohibited. b. Inciting violence or sexual abuse against any person or group on the basis of the grounds referred to in Section 4. C. Denying civil and political rights. It shall be unlawful to deny a person enjoyment of his or her civil and political rights based on the ground referred to in Section 4. Further, any person shall be held liable for the commission of any of the following

discriminatory acts involving the political rights of a person, which shall include but are not limited to: Preventing, impeding, prohibiting, obstructing or intervening in the exercise of political rights by another including, but not limited to, the right to vote in a national or local election, both regular or special, or in a plebiscite, both initiative or referendum; ii. Imposing onerous terms before these political rights are granted, preserved or protected; or iii. Subjecting another person who wishes to exercise a political right to any act of discrimination. d. Denying economic, social, and cultural rights i. It shall be unlawful to deny a person enjoyment of economic, social, and cultural rights based on the grounds referred to

section 4; or

It shall be unlawful for any person or entity to refuse to acknowledge, respect, or value cultural practices, traditions, and heritage of persons or groups, whether explicit, through actions or polities, or implicit, through messages that downplay its existence or render it non-existent: Provided, That such acknowledgment, respect, or valuation shall not justify or result in any acts of discrimination against others based on protected attributes: Provided, further, That the legal recognition of Indigenous Peoples and Indigenous Cultural Communities and the rights associated with such recognition shall nonetheless be subject to applicable laws, including but not limited to the Indigenous Peoples' Rights Act (IPRA). e. Denying the right to education. It shall be unlawful for any person to: i. Refuse admission to or expel a person from any educational or training institution on the basis of the grounds defined in section 4, without prejudice to the right of educational or training

institutions to determine the academic qualifications and non- academic training requirements of their students or trainees; ii. Grant or refuse to grant honors, scholarship/s, or other forms of assistance on the basis of the grounds defined in Section 4; ill. Impose disciplinary sanctions, penalties, requirements, restrictions, or prohibitions that infringe on the rights of the persons other than that which is reasonable on the basis of the grounds identified in Section 4; IV. Fail to make reasonable efforts to make facilities accessible to persons with disabilities; or V. Subject a person to any act of discrimination and intolerance related to education and training. f. Denying the right to work. i. It shall be unlawful for any employer or head of a firm, company, or organization to: ii. It shall be unlawful for any person acting as job contractor or recruitment or placement agency, or agent in procuring workers for a principal or an employer to treat an applicant seeking employment less favorably than another person in the same circumstances who is likewise seeking employment on the basis of the protected attributes under Section 4 of this Act. ill. Any person acting as principal or agent of an organization of employers or employees, or any person acting or purporting to act on behalf of such organization, shall be liable for discrimination by preventing or seeking to prevent another person to continue one's employment. iv. It shall likewise be unlawful for any person to: 1. Deny employment in government institutions, including police and military service, based directly or indirectly on the grounds referred to in Section 4;

• • 2. Refuse to enter into contract or agreement with persons or group of persons based solely or partly on the grounds provided in Section 4; or 3. Deny an application for or revoke a professional license issued by the government, directly or indirectly, due to the grounds provided in Section 4 of this Act. g. Denying the right to access to goods and services. It shall be unlawful for any person, solely on the basis of the grounds in Section 4, to: i. Refuse or fail on demand to supply goods or services available to the general public, such as but not limited to, private and public insurance, housing and other forms of accommodation, and medical and health insurance, including health maintenance organization (HMO)-provided medical plans, on the basis of the grounds referred to in this Act; Refuse entry to or evict a person from any public or private establishment, facility, or utility that is open to the general public, such as but not limited to, restaurants, bars, hotels, shopping malls, gyms, facilities, and modes of transportation; ill. Refuse or fail on demand to supply those goods and services except on less favorable terms or conditions, not otherwise offered to others in the same circumstances: Provided, that, the act of giving inferior goods or services shall also be deemed a denial of access or use of such goods or service; iv. Cause undue and unjust deferral of services; or V. Deny application for a license, clearance, certification or any other document issued by government authorities or other entities, with no lawful, valid or reasonable grounds. h. Denying the right to organize. It shall be unlawful to prohibit, prevent, or revoke the accreditation, formal recognition, and/or registration of any organization, group, political party, institution, or establishment, in

educational institutions, workplaces, communities, and other settings, based partly or solely on the grounds, as provided in Section 4 of this Act. Discrimination is also committed when additional requirements beyond the customary are imposed directly or indirectly due to the grounds provided in Section 4 of this Act. i. Inflicting harm on health and well-being. It shall be unlawful to subject any person, without full, free, informed, and prior consent, to any unnecessary medical or physical examination, psychological treatment, faith-based practices, and other similar procedures based solely or partly on any of the grounds referred to in Section 4 that aim to change identity or physical attributes or impose behavior or expressions. j. Engaging in profiling. It shall be illegal for any person, including members of the military and law enforcement agencies, to engage in profiling based solely or partly on the protected attributes or grounds provided in Section 4 of this Act. k. Harassing to curtail freedom of movement, association or assembly or extorting. It shall be unlawful for any government agency, including local government units, police, military, and immigration agencies, to harass verbally or physically, to curtail freedom of movement, or to extort from a person or a group of persons on the basis of the protected attributes or grounds provided in Section 4 of this Act. This prohibition applies to similar abuses committed by private persons. 1. Unlawfully detaining and confining a person. It shall be unlawful to detain and confine a person or groups of persons based directly or indirectly on the grounds under Section 4. m. Inciting and/or doing acts of hatred or violence.

It shall be unlawful to incite hatred or violence based on any of the grounds included in Section 4, by use of words or behavior, such as but not limited to delivering speeches or making utterances, and doing acts of hatred or violence against any person or group, or mocking or ridiculing the same person or group through the display of written material, publishing or distributing written material; the public performance of a play; distributing, showing or playing a recording; broadcasting or including a program in a program service, and possession of inflammatory material: Provided, That the test to determine incitement to hatred or violence should be whether the speech or work, taken as a whole, lacks serious literary, artistic, political, or scientific value. n. Discrimination in publications and advertisements in media. It shall be unlawful for a person to publish or display, or cause or permit to be published or displayed, a publication or advertisement that indicates or could reasonably be understood as an incitement to or act of discrimination, as provided in Section 4 of this Act. o. Denying the right to expression. It shall be unlawful to deny a person of his or her freedom of opinion and expression based on the grounds included in Section 4. This includes the expression of identity or personhood through speech, deportment, dress, bodily characteristics, choice of name, or other means, as well as the freedom to seek, receive, and impart information and ideas of all kinds through any medium. p. Retaliating and coercing. No person, whether natural or juridical, shall discriminate against an individual who made a charge, assisted, reported, or testified, in any investigation, proceeding, and/or hearing under this Act. No person, whether natural or juridical, shall coerce, intimidate, threaten, and/or harass any individual regarding the latter's exercise or enjoyment of any right granted and/or protected under this Act. q. Denying the right against wrongful portrayal.

It shall be unlawful for any person to portray, intimate, depict, or describe in learning institutions, instructional materials, teaching devices, books, and reference materials, especially in civics and history, and in mass media, including social media, certain individuals and/or group/s as inferior, or encouraging the commission of any of the acts of discrimination against any person and/or group as provided in this Act: Provided, That the test to determine wrongful portrayal should be whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. Information regarding the dignity and diversity of the cultures, traditions, histories, and aspirations of the ICCs/Ips should be appropriately reflected in all forms of education, public information, cultural-educational exchange, and information education campaigns including the use of social media platforms. r. Denying the right to reasonable accommodation. i. Any person acting as principal or agent providing accommodation shall be liable for discrimination through the following acts: 1. Failing to make reasonable efforts to make facilities accessible to persons with disabilities sectors requiring them, such as but not limited to persons with disabilities; 2. Refusing or failing to accept or process the application for any land or interest thereof, housing and other accommodations; 3. Disposing of such land or interest, housing and other accommodation to another person on less favorable terms and conditions than those which would otherwise be offered; 4. Treating another person who is seeking to acquire or has acquired an estate, land or interest thereof, housing and other accommodation less favorably than to others in the same circumstances;

5. Refusing to permit another person to occupy any estate, land, housing and other accommodation; 6. Terminating any estate, land or interest thereof of another person or the right of another person to occupy any estate, land or housing and other accommodation; 7. Subjecting an applicant to any other act of discrimination in the acquisition, possession, utilization, lease or disposal of estate, land or interest thereof, housing and other accommodation; or 8. Denying accommodations against refugees, evacuees and internally displaced persons by reason of natural tragedy or armed conflict. ii. Any person acting as principal or agent shall also be liable for discrimination by imposing or seeking to impose on another person any term or condition that limits the person or class of persons who may be the clients, visitors or guests of any estate, land, housing and other accommodation. The abovementioned acts or omissions shall also be discriminatory when they are committed against juridical persons on the basis of the actual or perceived protected attributes of their members, officers, board of directors or trustees, or their target constituencies. 5. Other analogous circumstances. Any analogous act, which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise of the person's human rights and fundamental freedoms, consistent with relevant and universally accepted human rights instruments and other international conventions to which the Philippines have ratified, are also prohibited.

Sec. 6. Persons Liable. - Any person, natural or juridical, or their

representatives, including government instrumentalities and agencies, or government- owned and -controlled corporations, or any private corporation, institution or company who commit discrimination, through any of the unlawful acts provided in Section 5, shall be held liable under this Act.

Any person, natural or juridical, or their representatives, who requests, 2 instructs, includes, encourages, authorizes or assists another to commit acts of 3 discrimination under Section 5 shall also be held liable under this Act. Any person, natural or juridical, who fails, without justifiable reason, to take 5 appropriate action in response to reported incidents of discrimination shall also be 6 held liable under this Act. The failure or refusal to act of a head of agency or government official or 8 employee, or any person whose duty is to prosecute or otherwise act on a complaint 9 for violation of this Act may be deemed prima facie as sanctioning the discriminatory act on the part of said head of agency, official, or employee, and the latter may consequently be held equally liable for discrimination under this Act. All government officers and workers are obliged to promote nondiscriminatory acts in the discharge of their duties and responsibilities.

Sec. 7. Exceptions. - Any action or conduct, otherwise prohibited under

Section 4 and 5 of this Act, shall not be unlawful and shall not be considered as

discrimination where a difference in treatment based on a protected attribute is reasonable and objective, and if the aim is to achieve a legitimate purpose. There is valid classification when the acts enumerated under this section do not contravene to the rights to due process and the equal protection, as guaranteed under the Constitution. a. Where any of the protected attributes is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of the particular business or where the differentiation is based on clearly established reasonable factors; b. Where distinction, exclusion, or preference in respect of a particular job is based on inherent requirement, which is a proportionate means of achieving a legitimate aim; c. Where the deeply held fundamental religious doctrines, dogma, or beliefs of a person or of a Body established exclusively for religious purposes require or compel such person or Body to perform acts or practice necessary to avoid injury to the religious sensitivities of adherents of that religion: Provided, That such acts or practices should

be in accordance with law, public order, or public policy: Provided, further, That such acts or practices do not result in the disruption of public service or promote discrimination against protected sectors under this Act; and d. Where the act or omission is done in good faith for the purpose of assisting or advancing a person or group of persons who need or may reasonably be supposed to need assistance or advancement in order to achieve an equal place in society with other members of the community, or of complying with the measures of equality or affirmative action programs as provided under Section 13 of this Act. The exceptions shall be without prejudice to the existing laws prohibiting discrimination on account of the protected attributes such as State principles and mandates underscored in relevant existing laws, rules and regulations.

Sec. 8. Penalties. - Any person liable under Sections 4 and 5 of this Act shall

be penalized by imprisonment of not less than nine (9) months but not more than twelve (12) years or a fine of not less than One Hundred Thousand Pesos (P100,000.00) but not more than Five Hundred Thousand Pesos (P500,000.00), or both, upon the discretion of the court. The penalty provided under this Section shall be imposed in its maximum period 21 if any of the following circumstances occur: a. If the offender has been previously convicted under this Act; b. If the offender is a direct ascendant or descendant, a relative within the fourth degree of consanguinity or affinity, a step-parent or a step-child or a guardian or a ward of the victim; c. If the offender is the manager or owner of an establishment which has no license to operate or whenever such license has expired or has been previously revoked; d. If the offender is a public official, officer, or employee: Provided, That the penalty of suspension shall also be imposed. An accessory penalty of perpetual disqualification to hold public office is likewise imposed on the public official, officer, or employee; or

e. If the offended party is below eighteen (18) years of age or those over but are unable to fully take care of themselves from discrimination because of physical, mental, intellectual or sensory disability or condition. If the person liable for the discriminatory act is a juridical person, an accessory penalty of cancellation of Certificates of Registration and/or licenses shall be imposed. An offender who is a foreigner shall be deported immediately after service of sentence and shall be barred entry into the country. Whenever the courts determine that a fine shall be imposed pursuant to the 10 criminal case filed under this Act, the fine thus collected shall be remitted by the court to the Commission on Human Rights (CHR) which shall administer the fund for the assistance of victims of discrimination. Nothing in this Act shall preclude the victim from instituting a separate and 14 independent action for damages and other affirmative reliefs. The Administrative remedies provided under this Act do not bar prosecution of 16 civil claims in proper courts for an act of discrimination committed under this Act. If any crime penalized under the Revised Penal Code is committed in pursuit of 18 discrimination, the penalty provided under the Revised Penal Code shall be applied 19 and the discrimination committed shall be considered as an aggravating circumstance.

Sec. 9. Restorative Measures. - In addition, the court, administrative agency,

21 or quasi-judicial body shall require the offender to undergo appropriate anti- 22 discrimination training, such as gender and culture sensitivity training, human rights 23 education, familiarization with and exposure to the plight of the victims, or any of the circumstances enumerated under this act. The offender may also be required to render community service.

Sec. 10. Reparation to Victims. - In addition to existing laws and procedural

23 rules or reparation to victims, the following measures shall be undertaken: a. The court, administrative agency, or quasi-judicial body shall follow the principles relating to the reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. In their decisions, the court, administrative agency, or quasi judicial body may, either upon request or on their own volition, in exceptional circumstances, determine

the scope and extent of any damage, loss or injury to the victims, stating therein the principles on which they are acting; b. The court, administrative agency, or quasi-judicial body may make an order directly against a person convicted by a judgment that has become final and executory, specifying appropriate reparation to, victims, including restitution, compensation and guarantees of non-repetition, and public apologies; and C. Before making an order under this section, the court, administrative agency or quasi-judicial body shall invite and shall consider representations from, or on behalf of, the convicted person, victims or other interested persons. d. The DSWD shall provide rehabilitative counseling and treatment to offenders toward a better understanding of human rights. If necessary, the court shall direct the offender to submit to psychiatric treatment or confinement. Counseling shall also be provided to victims for their recovery and well-being. Nothing in this section shall be interpreted as prejudicing the rights and remedies of victims under national or international laws.

Sec. 11. Redress Mechanisms for Discrimination Cases. -

a. Inclusion of Discrimination Concerns in All Police Stations. - The Women 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 training on human rights and sensitization on the issues 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. Inter-agency Technical Council on Non-Discrimination and Equal Opportunity. — Pursuant to the government programs and policies herein provided, an Inter-Agency Council on Non-discrimination and Equal

Opportunity, hereinafter known as the Council, shall be established. The Council shall be composed of the following agencies and organizations: i. Commission on Human Rights (CHR) as the lead agency; ії. Representatives from the Department of Justice (DO]); iii. National Commission on Indigenous Peoples (NCIP); iv. National Commission on Disability Affairs (NCDA); V. National Commission on Muslim Filipinos (NCMF); vi. Philippines Commission on Women (PCW); vii. National Youth Commission (NYC); viii. Civil Service Commission (CSC); ix. Department of Labor and Employment (DOLE); X. Department of the Interior and Local Government (DILG); XI. Department of Education (DepEd); xii. Commission on Higher Education (CHED); xili. Technical Education and Skills Development Authority (TESDA); xiv. Department of Health (DOH); xv. Armed Forces of the Philippines (AFP); xvi. Department of Information and Communications Technology (DICT); xvii. Philippine National Police (PNP); and xvili. At least three (3) representatives from Civil Society Organizations (CSOs) with proven expertise and track record on concerns regarding the protected attributes under Section 4 of this Act. The Council shall be constituted and shall act as an advisory and recommendatory body on establishing developmental programs that will promote non-discrimination and management of diversity, in consultation with CSOs with proven expertise and track record on concerns regarding the protected attributes under Section 4, and other stakeholders. The Chair of the CHR shall be the permanent Chair of the Council, and the Secretary of Justice as its permanent Vice-Chair. The Council members may designate their permanent representative who shall have

a rank not lower than an Assistant Secretary or its equivalent, and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations. The CSOs forming part of the Council shall be identified by the government agency representatives of the Council. The representatives of the CSOs shall serve for a term of three (3) years renewable at the discretion of the chair upon recommendation of the Council for a maximum of two (2) consecutive terms. The Council shall meet at least once every quarter. The presence of the Chair or the Vice-Chair of the Council, and at least ten (10) other representatives of the Council members shall constitute a quorum to do business, and a majority vote of those present shall be sufficient to pass resolutions or render decisions. C. Role of the Civil Service Commission (CSC). — The CSC, in consultation with the Inter-agency Technical Council, shall modify the existing rules on grievance machinery to address discriminatory practices committed in, and by officers or employees of, government agencies, instrumentalities, and in government-owned and -controlled corporations (GOCCs) and other offices under its jurisdiction. d. Role of the Department of Labor and Employment (DOLE). - The DOLE, in consultation with the Inter-agency Technical Council, 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.

Sec. 12. Secretariat to the Council. - The CHR shall establish the necessary

secretariat for the Council consisting of personnel with the necessary technical expertise and capacity that shall be conferred permanent appointments, subject to civil service rules and regulations. The secretariat shall be headed by an Executive Director who shall be under the direct supervision of the Chair of the Council. The Secretariat shall perform the following functions: a. Coordinate and manage the day-to-day affairs of the Council;

b. Assist in the formulation, monitoring, and evaluation of DIPTs and lECs; c. Provide technical assistance, support and advisory services to the council and its external partners; d. Assist the Council in identifying and building internal and external networks and partnerships; e. Coordinate and support the efforts of the council and its members to mobilize resources; and f. Provide administrative support to the Council.

Sec. 13. Programs to Promote Diversity, Equity and Inclusion. — It shall be the

10 duty of every person, natural or juridical, public or private, to ensure nondiscrimination and equal opportunity for all persons in relating to actual or prospective employees, students, tenants, customers or clients, and that no discriminatory acts, as defined herein, is committed by them or their agents in the areas defined under Section 5 of this Act. The State shall endeavor to eliminate all forms of discrimination and shall therefore pursue initiatives and programs that seek to enable an environment free of stigma and discrimination, including ensuring reasonable accommodation is provided for disadvantaged and marginalized sectors. It shall direct the machinery and resources of the State to ensure non-discrimination and promote equality and shall encourage other sectors of the society to engage and participate in these efforts. The Inter-Agency Technical Council shall, by rules and regulations and in consultation with the Bureau of Internal Revenue (BIR), develop, prescribe and administer incentive and award schemes to encourage public and private establishments to provide programs that promote nondiscrimination and contribute to the empowerment of vulnerable and marginalized groups. Further, it shall ensure the establishment of the following programs: a. Social Protection Program. — The national government shall ensure the integration of the communities affected by or vulnerable to stigma and discrimination into the social programs of the government. b. Diversity and Inclusion Programs and Training (DIPTs). - All government agencies, including government-owned and controlled corporations, local government units (LGUs), and private establishments

and entities shall develop plans of action to address discrimination and establish diversity and sensitivity programs and shall endeavor to provide or conduct trainings for their staff, employees, students, trainees, and constituents to ensure that discrimination and abuse are prevented and addressed, as follows: i. •Create an internal redress mechanism address cases of discrimination and grant administrative remedies or sanctions for such cases; Conduct human rights education and training programs for public il. officials, including judges and candidates for judicial appointments, in coordination with the CHR. The DepEd, and the CHED, in particular, shall integrate teaching on the principles of equality and non-discrimination in formal and non-formal inclusive and multicultural education, with a view to dismantling notions of superiority or inferiority based on protected attributes and to promote dialogue and tolerance between different groups in society; and iii. Endeavor to provide or conduct human rights education, gender sensitivity, and culture sensitivity training programs for their staff, employees, students and trainees, and constituents to ensure that discrimination and abuse are prevented in their institutions. c. Monitoring and Evaluation. - All government agencies and instrumentalities shall monitor the implementation of measures to promote non-discrimination and equality. Assessment of the steps taken and the results achieved in the elimination of discrimination shali be conducted annually. Annual reports in this regard shall be submitted to the Congress and the CHR. d. Disaggregation of Data. - All government agencies and instrumentalities shall ensure that all national strategies, policies, and plans shall use appropriate indicators and benchmarks, disaggregated on the basis of the prohibited grounds of discrimination.

The rights of individuals or groups of individuals, who may be distinguished by one or more of the prohibited grounds, to participate in the decision-making processes over the selection of measures to promote non-discrimination and diversity shall always be upheld by the government in the implementation of the programs enumerated above. e. Information and Education Campaign (IEC). - All government agencies and instrumentalities are mandated to develop and implement information dissemination on any of the prohibited forms of discrimination. They shall endeavor to produce and publish information campaign materials on discrimination. f. Affirmative Action. — The State shall develop a system of affirmative actions towards protecting the rights of ICCs/IPs, other cultural minority groups, and other vulnerable groups. Support and protection for research and development and learning materials on cultural heritage preservation and sensitivity for other vulnerable groups shall be provided to all State Universities and Colleges. All entities, agencies, corporations, companies, organizations, and educational/training institutions, whether private or public, shall ensure the implementation of this Section.

Sec. 14. Enforcement. — Criminal complaints brought under this Act shall be

filed with the proper court. In addition to the criminal complaint, a person who has been subjected to any acts of discrimination as defined in this Act may file a complaint with the CHR. For this purpose, the CHR may investigate, motu proprio on on complaint by any person, acts or omissions in violation of this Act. In all cases under investigation, the Commission may issue legal and preventive measures, as well as provisional remedies. These measures or remedies shall include, but not limited to, general writs of injunction, restraining orders, status quo ante orders, cease and desist orders, protection orders, or such other orders to protect the life and security of persons, preserve evidence, protect properties, and other considerations to ensure the efficient investigation of the alleged violation of this Act. The Commission shall also direct the officer concerned to take appropriate action against a public officer or employee at fault or who neglected to perform an act

1 or discharge a duty required under this Act. Refusal by any officer, without just cause, 2 to comply with an order of the Commission or who neglects to perform an act or 3 discharge a duty required under this Act, shall be a ground for disciplinary action against the said officer. The CHR, consistent with its mandate under this Act, shall designate a focal 6 commissioner and/or create an Anti-Discrimination Center/Office to be primarily responsible for formulating and implementing programs and activities relating to the 8 right of all persons against discrimination, including the investigation and handling of 9 complaints of violations of this Act. Notwithstanding the foregoing provisions, NCIP shall have concurrent jurisdiction with the CHR over the conduct of investigations on the basis of complaints filed by ICCs/IPs against natural or juridical persons believed to have violated ICCs/IPs 13 rights.

Sec. 15. Administrative Proceedings andSanctions against Pubiic Officials and

15 Employees. - Pursuant to Section 13 of this Act, which makes it a duty of the CHR to 16 investigate alleged cases of discrimination, a finding by the CHR, or the NCIP, in cases 17 of discrimination or complaints filed against ICCs/IPs that a department, agency, or instrumentality of the government, a government-owned and -controlled corporation, or a local government unit has violated any provision of this Act and its implementing rules and regulations, shall carry with it a recommendation to the CSC and/or the DILG for the imposition of sanctions under administrative law, civil service, or other appropriate laws. Such recommendations shall include the names of the person 23 directly responsible for the violation, and a statement that the sanctions be imposed upon the person directly responsible and the head of the agency or local chief executive. Nothing in this Act shall preclude the filing of a separate criminal or civil action in proper courts for an act of discrimination committed under this Act, nor the filing of complaints with government agencies exercising quasi judicial functions.

Sec. 16. Fines against Private Persons, Provisional Remedy. — Upon a prima

facie finding that any provision of this Act was violated and upon its issuance of a cease and desist order, the CHR may impose a fine of Twenty Thousand Pesos

1 (P20,000.00), for every day that the act of discrimination complained of has not 2 ceased. The fine collected shall be for the assistance of victims of discrimination. For purposes of this Section, the CHR may seek the assistance of the 4 Department of Trade and Industry (DTI), Commission on Higher Education (CHED), 5 Department of Labor and Employment (DOLE), Department of Education (DepEd), 6 and the Technical Education and Skills Development Authority (TESDA), among others.

Sec. 17. Joint Congressional Oversight Committee. - For the effective

9 implementation of this Act, the Joint Congressional Oversight Committee on Anti- 10 Discrimination (JCOC-AD) shall be created within sixty (60) days after the enactment of this act for the purpose of monitoring and evaluating the effective implementation of this Act as well as other Acts that affect the right of persons against discrimination. The JCOC-AD shall be composed of five members each from the Senate and the House of Representatives. The Senate Panel shall be composed of the Chair of the Committee on Social Justice, Welfare and Rural Development as Chair of the Senate Panel, the Chair of the Committee on Women, Children, Family Relations and Gender Equality, the Chair of the Committee on Cultural Communities, and the remaining seats to other members of the Senate regardless of the Committee with at least one member from the 20 minority. The House of Representatives Panel shall be composed of the Chair of the Committee on Human Rights as Chair of the House of Representatives Panel, the Chair of the Committee on Women and Gender Equality, the Chair of the Indigenous Cultural Communities and Indigenous Peoples, and the remaining seats to other members of the House of Representatives with at least one member from the minority. The JCOC-AD shall be chaired jointly by the Chair of the Senate Committee on Social Justice, Welfare and Rural Development and the House Committee on Human Rights. The position of Vice-Chair of the JCOC-AD shall be the Senate Committee on Women, Children, Family Relations and Gender Equality and the House Committee on Women and Gender Equality. The Secretariat shall come from the Secretariat personnel of the Senate and the House of Representatives.

All government agencies shall submit to the JCOC-AD annual reports on the monitoring and evaluation of measures to promote non-discrimination and equality which shall include recommendations for Congress. The JCOC-AD shall convene regularly, at least once a year, to review the annual reports from government agencies and to evaluate the effectivity and effective 6 implementation of this Act and other relevant Acts. It shall invite the Inter-agency Technical Council in all its meetings. The JCOC-AD shall submit a report to Congress on its review and evaluation of relevant Acts and its recommendations. The JCOC-AD shall monitor the compliance of public institutions, agencies, corporations, companies and educational institutions, whether private or public, to the provisions of this act. Within three (3) years after the enactment of this Act, the JCOCAD shall conduct an audit of national and local policies that discriminate on the basis of the protected attributes as provided in this Act, and shall submit a report to 15 the Congress, the Office of the President, and the Supreme Court.

Sec. 18. Appropriations. — The amount necessary for the implementation of

17 this Act shall be included in the annual General Appropriations Act (GAA).

Sec. 19. Implementing Rules and Regulations. - The Inter-Agency Technical

19 Council, in consultation with appropriate CSOs and other stakeholders, shall 20 promulgate the necessary implementing rules and regulations within ninety (90) days 21 from the effectivity of this Act. Further, this Act shall be fully implemented with or 22 without the implementing rules and regulations.

Sec. 20. Separability Clause. - Should any provision of this Act or part hereof

be declared unconstitutional, the other provisions or parts not affected thereby shall 25 remain valid and effective.

Sec. 21. Repealing Clause. - This Act shall be without prejudice to the existing

special laws prohibiting discrimination on account of the protected attributes such as State principles and mandates underscored in R.A. No. 7277, as amended, entitled, "Magna Carta for Disabled Person", R.A. No. 8371 entitled, "The Indigenous Peoples' Rights Act of 1997", R.A. No. 9710 entitled, "The Magna Carta of Women", R.A. No. 10911 entitled, the "Anti-Age Discrimination in Employment Act", and P.D. No. 442, as amended, entitled "Labor Code of the Philippines".

All other laws, decrees, orders, and issuances, or portions thereof, which are 2 inconsistent with the provisions of this Act, are hereby repealed, amended, or modified accordingly.

Sec. 22. Effectivity. - This Act shall take effect fifteen (15) days after its

5 publication in two (2) newspapers of general circulation. Approved,