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Discrimination of LGBTQIA Filipinos goes beyond CR access, say activists

51% of 400 LGBTQIA community members surveyed claimed that they experienced discrimination in public schools, 31% in the streets, and 28% in private schools. This highlights that LGBTQIA-related discrimination happens in the Philippines go beyond toilet-related access.

Gretchen Diez may have self-proclaimed herself to be the “face of the LGBT movement”, but advocates of the SOGIE (Sexual Orientation and Gender Identity and Expression) Equality Bill noted that LGBTQIA-related discrimination happening in the Philippines go beyond toilet-related access.

Diez recently made the news because of her ordeal while trying to access the female toilet in Farmers Plaza, a mall in Cubao, Quezon City. But Diez, who has been in the limelight following her experience and not because of her involvement in LGBTQIA advocacy, now fashions herself as the sole representative of the local LGBTQIA community/as the community’s “face”.

During a Senate committee hearing on the measure held on August 20, mentioned was a survey conducted by Rainbow Rights Project Inc. (R-Rights) with Metro Manila Pride Inc. from 2017 to 2019, with the results showing that 51% of 400 LGBTQIA community members surveyed claiming that they experienced discrimination in public schools, 31% in the streets, and 28% in private schools.

And so Atty. Jazz Tamayo, executive director of R-Rights, the Constitution’s equal protection clause is not enough to guarantee equality. “We need laws that will specifically compel if it cannot make people understand what equality is. The fight for the SOGIE (Equality) Bill has been too long, all these cases, all these suffering… they simply must stop.”

There are also instances when State bodies end up promoting LGBTQIA discrimination. In Cagayan de Oro City in 2016, for instance, the regional trial court (RTC) sided with a school principal who ordered a Grade 4 student to wear school curtains as punishment for violating the dress code.

“The child was made to wear school curtains as a punishment for failing to abide by (the) uniform policy. This was done to the child no less than six times by the defendant principal,” Tamayo said. “The judge ruled that the child was too young to venture into a lifestyle of a gender identity that is different from the child’s assigned sex at birth.”

The RTC judge further ruled that the mother of the child was to blame for “not guiding her child better.”

“I can imagine the chilling effect it will have for other parents who would have to file cases like this… (with) the judge just berating them about how they did not discipline their child,” Tamayo added.

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For her part, Disney Aguila, president of Pinoy Deaf Rainbow Inc. (PDR), the pioneering organization for Deaf LGBTQIA Filipinos, recalled how she – herself – encountered discrimination because she identifies as a transgender woman.

Speaking to Outrage Magazine, Aguila recalled how – when she applied for a job – the HR (human resource) person of a clothing company based in Pasay City at first “praised her for looking nice”. But the same PR officer – when going through Aguila’s bio-data – saw that her assigned sex at birth was male; and “she frowned.” The HR officer asked Aguila to turn around, and then started pulling her braided hair; she then asked Aguila to have her hair cut.

When Aguila asked why, she was told that it’s because she is a “he”, based on her assigned sex at birth, and that either she presents herself as a man or not be hired. Aguila left that office without a job.

“The level of discrimination we encounter is doubled not only because we are persons with disability (PWD) but also because of our SOGIESC,” Aguila said.

Meanwhile, Perci Cendaña – former commissioner at the National Youth Commission, and now with Babaylanes Inc. – cited the cases of: 1) a certain Jay, a Grade 12 transgender man from Pampanga, who did not finish his secondary school because when he met with his principal for college requirements, he was berated for not following the school dress code; and 2) transgender senior high school students of the Polytechnic University of the Philippines who – at first – were told that they would not graduate if they won’t follow the school’s prescribed haircut, and though they were later allowed to graduate, they did not receive a certificate of good moral character, which is a requirement for many colleges/universities for incoming students.

“The Philippine youth development plan states that youth development is defined as enabled, involved, patriotic youth realizing their aspirations. Discrimination, stigma… is a deterrent to development,” Cendaña said. “We would like to reiterate that discrimination is an issue not just of human rights but a development issue because it deters our young people from realizing their aspirations.”

“When you give us equal rights, there is no taking from you. There is no lessening of you. No one is any less a man or a woman. The SOGIE Equality Bill means simply that, an acceptance that we are different but equal,” Tamayo of R-Rights ended.

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