Never be silent.
In Quezon City, a 13-year-old transgender girl was repeatedly abused by her father, leading to the involvement of the barangay, which has a worker trained by OutRight International and EnGendeRights, Inc. on gender-based violence (GBV)/intimate partner violence (IPV)/family violence (FV).
Atty. Clara Rita Padilla, who helms EnGendeRights, Inc., recalled that – when they helped remove the transgender girl from the abusive situation – they initially encountered some roadblocks, such as finding alternative housing.
But then “we (found out) that her lolo at lola (grandfather and grandmother) were willing to take custody”, thereby allowing for her to be “removed from (the) abusive situation,” Padilla recalled.
And so for Padilla, LGBTQIA people in GBV/IPV/FV ought to know that their situation can be managed; they just need to – first – not fear seeking for help.
This was Padilla’s message at OutTalks, a webinar series helmed by Ging Cristobal of OutRight International.
Posted by Ging Cristobal on Thursday, November 26, 2020
DEALING WITH ABUSE
As it is, Padilla said there are actually already existing remedies for LGBTQI persons. Included here is seeking help from – first – the barangay, or if the case needs to be elevated, then the police and/or even prosecutor’s office/court.
At least in her experience dealing with related cases, Padilla said that decision of complainants on whether to file cases or not vary.
At times, victims want to deal with repeat offenders. Others assess the importance of seeking redress (e.g. empowerment, becoming a survivor from being a victim, prosecution of abuser, holding abusers accountable). And at times, people’s decisions are affected by existing support mechanisms (e.g. family members, government agencies).
No matter the decision, though, Padilla said the country already has some laws that could be useful to victims.
LAWS OF USE
RA 7610, for instance, deals with child abuse. Padilla said that even in the absence of social workers, the Department of Social Worker and Development, police and barangay can actually already “take children into protective custody to remove them from abusive situations.”
RA 9262 (Anti-VAWC or violence against women and children) can also be used by lesbian and bisexual women. The law is, however, limited. For one, it does not benefit abused gay and bisexual men; and whether it can be used by transgender women has yet to be tested.
The Revised Penal Code also sanctions physical injury, unjust vexation, slander by deed, acts of lasciviousness, and rape (e.g. incest, conspiracy, intimate partner violence, date rape).
RA 11313 (Safe Spaces Act) mentions harassment in public spaces based on actual or perceived SOGIESC (sexual orientation, gender identity, gender expression and sex characteristics).
RA 10175 (Cybercrime Law) also eyes to provide safe space online.
And then there are anti-discrimination ordinances (ADOs). This is obviously not encompassing, considering that many local government units still do not have ADOs (and the country still does not have a law protecting the human rights of LGBTQIA people).
PROACTIVE STANCE
In the end, Padilla said, “huwag mahiyang dumulog (do not be embarrassed to ask for help).”
She said that the number of service providers continue to increase, and so “idulog nyo sa amin at hanapan natin ng solution para maka-seek kayo ng justice (inform us about your issue so we can find solutions as you seek justice).”
To contact EnGendeRights, Inc., call (02) 83762578 or (02) 86645696.
