A bill allowing LGBTQIA people in relationships to make medical decisions for their partners was filed in the House of Representatives. Particularly, the proposed legislation eyes to allow the patient/principal to designate their partner/agent to make critical health decisions and receive vital health information on their behalf in times of incapacity.
Sans legal recognition of LGBTQIA people’s relationships, “next of kin” of LGBTQIA Filipinos do not include their partners. Meaning, decisions will be made for them by blood relatives, and even if these relatives do not accept their SOGIESC and may no longer have relationships with them.
House Bill 11005, known as the “Right to Care Act”, tasks the Department of Health (DOH) to facilitate applications for a “Right to Care Card” that will be legally executed by so-called “health care proxies”, who are people named to have authority to make health care decisions on behalf of people. The power of the health care proxies will remain in effect until revoked.
“Partners of people of diverse SOGIESC often experience discrimination in healthcare setting when they are not allowed to act as primary caregivers and denied access to information and decision-making processes necessary to save their partner’s lives,” said Akbayan Rep. Percival V. Cendaña, who introduced the bill, in HB 11005’s prefatory statement.
“The Right to Care is fundamentally about the right to health. It recognizes that the most compassionate and effective care comes from our chosen partners and significant others.”
Under HB 11005, those who will violate this law – if it became law – may be sanctioned by the DOH, Professional Regulation Commission, and other government agencies by suspending or revoking their licenses or certifications.
In the end, for Cendaña, it is time for the Philippine government to be “inclusive of persons of diverse SOGIESC by recognizing their chosen health care partner as their primary caregiver.”
