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Because Undetectable = Untransmittable

That an HIV-infected person with potent antiretroviral treatment (ART) is not sexually infectious (that is, he/she does not transmit the virus via sexual contacts) is already scientifically proven. But in the Philippines, no HIV-servicing body has yet to openly and officially back U=U. For Bruce Richman, in a resource-lacking setting like the Philippines, “this is a platform for expanded access to HIV treatment (since) reducing HIV stigma will encourage both testing and treatment.”

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In 2012, when 38-year-old Dave* was just diagnosed to be HIV-positive and his CD4 count was less than 10, he was a “regular” of a treatment hub in Metro Manila, be it because “I’d have fever for days, or I’d have rashes all over my body, or whatever,” he recalled. It was during one of his visits to the hospital when the supervising nurse supposedly told him that “ngayong may HIV ka na, huwag na mag-sex ha. Dadami lang kayo (now that you are HIV-positive, stop having sex. If you do so you’ll just help increase the number of HIV cases like yours).”

This of course highlights the discrimination experienced by PLHIVs from medical practitioners themselves. But this particular emphasis on sex/not having sex to stop the spread of HIV also puts a spotlight on the lack of knowledge even among those who are supposed to know better to be able to properly deliver much-needed services (e.g. in this case, there are safer sexual practices available, after all).

And perhaps when particularly considered in a newer context (say, 2017), the ignorance becomes even more apparent since it is now scientifically proven that people living with HIV who are undetectable cannot transmit the virus to their negative partners.

INTRODUCING U=U

In 2008, Pietro Vernazza, M.D. released a statement (“Advice Manual: Doing without condoms during potent ART”, which was approved by the Executive Board of Swiss Aids Federation) in the Bulletin of Swiss Medicine that claimed that “an HIV-infected person with potent antiretroviral treatment (ART) is not sexually infectious (that is, he/she does not transmit the virus via sexual contacts).”

There were parameters set for the claim, i.e.:

  1. As long as the therapy is practiced consistently and monitored regularly by the treating physician;
  2. The viral load on ART has been below the limit of detection for at least six months; and
  3. No infections with other STI are present.

Viral load, which is the level of HIV in a PLHIV’S blood, shows how active HIV is in one’s system. Usually (though not always), if the viral load is high, the CD4 (or T cells, which help activate immune response) count is low, so that the body’s response to the virus is compromised. A low or undetectable viral load indicates that the immune system is actively working to help keep HIV in check.

ART is medication that helps to keep under control the viral load in the body. The viral load is considered undetectable if test shows lower than 40 to 75 HIV virus particles in a milliliter of the blood. If the viral load is considered undetectable, it means the ART medication is working.

Vernazza’s claim – eventually dubbed as the Swiss Statement – that “under (the above) circumstances, potent ART therefore definitely prevents HIV transmission as safely as condoms” did not sit well with many, including public health and professional organizations (e.g. the US Centers for Disease Control and Prevention or CDC), which questioned Vernazza re his data, and even more pointedly, what he was thinking when he made the supposedly premature claim that was “getting ahead of science”.

Vernazza was, nonetheless, resolute about the message, largely derived from his work with HIV-positive straight people on treatment who wanted to have children with their HIV-negative partners. Condomless sex obviously happened between the serodifferent couples, but of 8,000 patients, not a single report of HIV transmission happened to a partner. This therefore became an ethical dilemma for a clinician like Vernazza since they are supposed to present all equally valid options available and let the patients decide for themselves.

Particularly eight years years later, in 2016, Vernazza was vindicated when studies validated the undetectable=untransmittable (U=U) message – i.e. HPTN 052 and the PARTNER study. But more than the vindication, this also helped evolve the messaging re HIV.

Bruce Richman of the Prevention Access Campaign was able to gather signatures of health experts from all over the world for a consensus statement about U=U; but he reported having a challenging time coaxing US HIV organizations to adopt language that removes the stigma of infectiousness from people who are undetectable.

STAY UNDETECTABLE=STAY UNINFECTIOUS

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The concept is not completely new, since treatment as prevention (TasP) has long been advocated to curb the spread of HIV. But there is now newer and strengthened push for this with the U=U message.

There’s the PARTNER study, which involved 1,166 serodifferent couples at 75 clinical sites in 14 European countries. To be included in the study, one partner had to be HIV-positive and have an undetectable viral load on ART, and the couple did not always use condoms when they had sex. Between September 2010 and May 2014, 1,000 positive/negative couples had 58,000 acts of penetrative sex without condoms. The study reported that not a single infection happened between the couples.

It is worth noting that 11 people involved in the study became HIV positive. However – and this is noteworthy – none of these infections were phylogenetically linked transmissions; meaning, they got infected not from their HIV-positive partners but from others.

The PARTNER study is particularly important because it included both gay and straight couples.

The PARTNER study is being continued, with PARTNER 2 expected to continue until 2019.

The same results from the PARTNER Study were reported in the HIV Prevention Trials Network (HPTN) 052 study, a Phase III, two-arm, randomized, controlled, multi-center trial to determine whether ART can prevent the sexual transmission of HIV-1 in HIV-1 serodiscordant couples. One thousand seven hundred and sixty-three (1,763) HIV serodiscordant couples at 13 sites in nine countries were enrolled in HPTN 052; one person is HIV-infected and the other is not.

In 2011, the study initially showed a 96% reduction of HIV transmission within the couples involved. The final results (reported in 2015) showed a sustained 93% reduction of HIV transmission within couples when the HIV-infected partner was taking ART as prescribed and viral load was suppressed.

The HPTN 052 study was, in fact, relevant in the recommendation of the World Health Organization (in 2013) that ART be offered to all PLHIVs who have uninfected partners to reduce HIV transmission.

U=U is now endorsed by numerous international organizations, including AIDES –France, AIDS Foundation of Chicago, Australian Federation of AIDS Organizations, British Columbia Centre for Excellence in HIV/AIDS – Canada, Human Rights Campaign, National Alliance of State and Territorial AIDS Directors (NASTAD), National Black Justice Coalition, New York City Department of Health and Mental Hygiene, San Francisco AIDS Foundation,, and the Terrence Higgins Trust – United Kingdom.

Various experts responding to HIV also already came out to back U=U.

For instance, Dr. Carl Dieffenbach, director of the Division of AIDS of National Institutes of Health (NIH), stated in an earlier interview: “If you are durably virologically suppressed you will not transmit to your partner… I’ll say this again, for somebody who is in a discordant couple, if the person (with HIV) is virologically suppressed, ‘durably’ – there is no virus in their system, hasn’t been for several months – your chance of acquiring HIV from that person is zero. Let’s be clear about that: zero. If that person the next day stops therapy for two weeks and rebounds, your chance goes up. That’s why we talk about ‘durable’ viral suppression… You’re as durably virologically suppressed as good as your adherence.”

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Dr. Michael Brady, medical director of the Terrence Higgins Trust in London, England was quoted as saying that “we can now say with confidence that if you are taking HIV medication as prescribed, and have had an undetectable viral load for over six months, you cannot pass on HIV with or without a condom.”

Meanwhile, Dr. Myron Cohen, chief of the Division of Infectious Diseases of the UNC School of Medicine; and principal investigator of HPTN 052 stated: “If people are taking their pills reliably and they’re taking them for some period of time, the probability of transmission in this study is actually zero… When you treat a person who is HIV infected you render them no longer contagious. Over a period of years that benefit is further realized… Sexual relationships can be much safer because [treatment] suppresses transmission. There is a societal benefit, a public health benefit, an altruistic benefit. ”

“We’ve also come across the shortsighted view that this information only improves the lives of people living HIV, when in fact this is a game changer for the epidemic because of its impact on HIV stigma, testing, treatment uptake and adherence, which will ultimately lead to more people knowing their status and getting to undetectable,” Bruce Richman said.

RESISTANCE TO THE MESSAGE

The benefits of U=U go beyond the medical – e.g. in helping serodifferent couples conceive. For instance, worth noting is how U=U can help deal with HIV criminalization, particularly since there are countries that still prosecute PLHIVs who do not disclose their HIV status to their sexual partners. The US, for instance, is infamous for sending to jail PLHIVs who spit, scratch or bite others sans disclosure of HIV status, and even if there were no known risks of transmission.

The Philippines’ own Republic Act No. 8504, or the Philippine AIDS Prevention and Control Act of 1998, also makes it necessary to disclose one’s status – albeit (unlike in other countries) it is mum on the possible criminal liability of those who fail to disclose. Section 34 (under Article VI, which deals with confidentiality) mandates disclosure to sexual partners – i.e. “Any person with HIV is obliged to disclose his/her HIV status and health condition to his/her spouse or sexual partner at the earliest opportune time.”

But despite the pluses of U=U, not everyone is on board (perhaps as of yet) with its promotion.

Interestingly – and this is a major point worth stressing, too – many of those who express reluctance (if not blatant opposition) to U=U are HIV community advocates and organizations. In the US, for instance, Bruce Richman of the Prevention Access Campaign was able to gather signatures of health experts from all over the world for a consensus statement about U=U; but he reported having a challenging time coaxing US HIV organizations to adopt language that removes the stigma of infectiousness from people who are undetectable.

The Prevention Access Campaign stated that “the majority of PLHIV, medical providers and those potentially at risk of acquiring HIV are not aware of the extent to which successful treatment prevents HIV transmission… Much of the messaging about HIV transmission risk is based on outdated research and is influenced by agency or funding restraints and politics which perpetuate sex-negativity, HIV-related stigma and discrimination.”

“We had a difficult time in the beginning because NGOs are not always early adopters, and some have been driven by 35 years of fear of HIV and PLHIV. They may not be confident in the science and are understandably concerned about saying anything that will lead to more transmissions,” Richman said to Outrage Magazine.

There’s also the “longstanding history in the field of overprotecting people who do not have HIV at the expense of people with HIV’s basic human rights to accurate information about our social, sexual and reproductive health. We’ve also come across the shortsighted view that this information only improves the lives of people living HIV, when in fact this is a game changer for the epidemic because of its impact on HIV stigma, testing, treatment uptake and adherence, which will ultimately lead to more people knowing their status and getting to undetectable,” Richman added.

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There have been pluses, and “we’re happy to see momentum now. NGOs are beginning to catch on because leaders in the US, like NYC Department of Health and Mental Hygience, National Association of State and Territorial AIDS Directors (NASTAD), Housing Works, and San Francisco AIDS Foundation have made statements and updated their public information and social marketing campaigns. Just (a few weeks ago), Canada’s official source for HIV information, CATIE, endorsed U=U.”

In the Philippines, however, no HIV-servicing body has yet to openly and officially back U=U.

CHALLENGES IN PHL CONTEXT

Dr. Jose Narciso Melchor Sescon, who helms the AIDS Society of the Philippines (ASP), said that U=U may still be considered a “medyo (somewhat) sensitive issue in the Philippines.”

For one, this is the number of PLHIVs availing of ART continues to be low. In November 2016, for instance, the total number of Filipinos living with HIV was pegged at 38,872. But only 17,388 are on ART.

Secondly, “ARV adherence is (still) a major concern.” Among people working in the HIV advocacy, it is not uncommon hearing about PLHIVs who are “lost to follow-up”.

Thirdly, “we should also consider co-morbidities,” Sescon said. One may have undetectable viral load yet still engage in other unsafe sexual practices, such as having numerous sexual partners. “So I’d still offer using (other forms of) protection.”

And fourthly, Sescon expressed apprehension based on “real life” situations particularly “in a context like the Philippines.” While clinical trials may have yielded desirable results, “how much of these can be translated and put into reality or the true context of the Philippines?”

Sescon said that “even with scientific evidence showing non-transmission, it will still take time for this to sink in the minds among serodiscordant couples.”

The benefits of U=U go beyond the medical – e.g. in helping serodifferent couples conceive. For instance, worth noting is how U=U can help deal with HIV criminalization, particularly since there are countries that still prosecute PLHIVs who do not disclose their HIV status to their sexual partners.
IMAGE FROM PIXABAY.COM

The consensus statement from the Prevention Access Campaign admitted certain limitations – e.g. that many PLHIVs may not be in a position to reach an undetectable status because of factors limiting treatment access (including inadequate health systems, poverty, racism, denial, stigma, discrimination and criminalization); pre-existing ART treatment resulting in resistance or ART toxicities; and refusal to start treatment. All the same, it stressed that “understanding that successful ART prevents transmission can help reduce HIV-related stigma and encourage PLHIVs to initiate and adhere to a successful treatment regimen.”

But Richman believes that in a resource-lacking setting like the Philippines (where less than half of PLHIVs access ART), “this is a platform for expanded access to HIV treatment. The more PLHIV on treatment in the Philippines, the closer the country will get to ending the epidemic. Test and treat is the most effective method. Reducing HIV stigma will encourage both testing and treatment.”

BOLSTERING THE U=U CONVERSATION

And while the conversation on U=U continues, perhaps worth underscoring is the relevance of this on how PLHIVs view themselves.

Back in the treatment hub in Metro Manila where Filipino PLHIV Dave goes to (and where he is now “with CD4 count over 500 – way better than the nine when I started; and with undetectable viral load to boot,” he said), U=U has helped him see himself as “a human again.”

“I must admit that there were times in the past when I felt like the virus itself, as if just waiting to make others ‘sick’; and even internalized this oft-repeated notion that people like me are ‘dirty’,” Dave said. “Now I know that if we truly want to deal with stigma and discrimination – not just the health benefits – linked with HIV, we should start talking about U=U.”

*IN THE PHILIPPINES, WHEN A PERSON LIVING WITH HIV IS ENROLLED/REGISTERED INTO A TREATMENT HUB, HE/SHE IS ASKED TO PROVIDE: 1) YEAR OF ENROLLMENT; 2) INITIALS OF FIRST NAME, MIDDLE NAME AND SURNAME; AND 3) NICKNAME. THIS IS THE CODE NAME USED BY THE INTERVIEWEE.

The founder of Outrage Magazine, Michael David dela Cruz Tan is a graduate of Bachelor of Arts (Communication Studies) of the University of Newcastle in New South Wales, Australia. Though he grew up in Mindanao (particularly Kidapawan and Cotabato City in Maguindanao), even attending Roman Catholic schools there, he "really, really came out in Sydney," he says, so that "I sort of know what it's like to be gay in a developing and a developed world". Mick can: photograph, do artworks with mixed media, write (DUH!), shoot flicks, community organize, facilitate, lecture, research (with pioneering studies under his belt)... this one's a multi-tasker, who is even conversant in Filipino Sign Language (FSL). Among others, Mick received the Catholic Mass Media Awards (CMMA) in 2006 for Best Investigative Journalism. Cross his path is the dare (read: It won't be boring).

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Dumaguete City passes SOGIE equality ordinance

In a victory for members of the LGBTQIA community in the City of Dumaguete, an ordinance was passed in the City Council to ensure non-discrimination based on sexual orientation, gender identity and expression (SOGIE).

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For Pride.

In a victory for members of the LGBTQIA community in the City of Dumaguete, an ordinance was passed in the City Council to ensure non-discrimination based on sexual orientation, gender identity and expression (SOGIE).

Dumaguete is a 3rd class city in the province of Negros Oriental. According to the 2015 census, it has a population of 131,377 people.

It is the capital and most populous city of the province of Negros Oriental, it has a population of 131,377 people, according to the 2015 census.

Authored by Councilor Rosel Margarette Q. Erames with co-authors Councilors Lei Marie Danielle Tolentino, Bernice Ann Elmaco, Edgar Lentorio Jr., Lilani Ramon and Nelson Patrimonio, the anti-discrimination ordinance (ADO) penalizes actual or perceived SOGIE-based discrimination in the workplace, school and other similar acts that undermines and harms the rights of the LGBTQIA people.

City passes own SOGIE protection In a significant victory for members of the Lesbian Gay Bisexual Transgender and…

Posted by HEADZ UP NegOr on Sunday, October 27, 2019

Under the ordinance among the prohibited acts include:

  • Actual or perceived SOGIE-related discrimination from employment, training, promotion, remuneration;
  • Delaying, refusing or failing to accept a person’s application for admission as a student;
  • Expelling or any penalty on the basis of SOGIE;
  • Harassment and intimidation committed by teachers, administrators and fellow students;
  • Refusing to provide goods or service, or imposing onerous terms and conditions as a prerequisite for such;
  • Denying access to health services and facilities;
  • Refusing or failing to allow LGBTQIA to avail of services or accommodations;
  • Denying application for licenses, clearances, certifications or other documents;
  • Vilifying, mocking, slandering or ridiculing LGBTQIA people through words, action and in writing; and
  • Executing any activity in public which incites hatred towards or serious contempt for or severe ridicule of LGBTQ and other analogous acts.
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The bill didn’t have smooth sailing before it passed. For instance, the Diocesan Commission on the Laity (whose members consist of 42 Parish Pastoral Councils from the different parishes of the Diocese of Dumaguete, covering the provinces of Negros Oriental and Siquijor, with the exception of the municipalities of La Libertad and Vallehermoso, and the cities of Guihulngan and Canlaon), as well as the Diocesan Organization of Renewal Movements & Communities (composed of 14 organizations) expressed their opposition of the ADO.

When the passage of the ADO also made the news, a handful of locals expressed their disapproval, stating – among others – that LGBTQIA people do not face discrimination in Dumaguete (thereby contradicting their own statement), prioritizing other issues of the city, and that protecting the human rights of LGBTQIA people is against the will of God.

But now with the ADO, first time violators will be made to attend a gender sensitivity training. Second time offenders may be jailed for not less than 60 days but not more than one year, or be fined with not less than P2,000 but not more than P 5, 000 (or both at the discretion of the court).

With the ADO, SOGIE-related concerns will be incorporated in the functions of existing Barangay Violence Against Women and Children (VAW) Desk, which will document and report cases of discrimination against LGBTQIA persons.

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Ilagan City in province of Isabela enacts SOGIE-specific anti-discrimination ordinance

General Ordinance 198-2019 finds the “need to prohibit… discrimination against people on the basis of actual or perceived SOGIE on the areas of work, accommodation, education, provision of goods, facilities and services, memberships in organizations, and the administration of local laws and programs.”

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The rainbow rises up north.

Ilagan – officially the City of Ilagan – a first class city and capital of the province of Isabela, enacted its own anti-discrimination ordinance based on sexual orientation, gender identity and expression.

Authored by City Councilor Rolando Tugade, General Ordinance 198-2019 stated that the office of the Sangguniang Panglungsod “finds the need to prohibit, so far as is possible, discrimination against people on the basis of actual or perceived SOGIE on the areas of work, accommodation, education, provision of goods, facilities and services, memberships in organizations, and the administration of local laws and programs.”

According to Yonidick Pascua, president of City of Ilagan Gay Association, who pushed for the passage of the ADO, having the same is important “para mapangalagaan ang bawat LGBTQIA person,” he said. This is also needed, he added, to show respect to the rights and “dignidad ng bawat LGBTQIA person; para sa pagkapantay-pantay (na trato) bilang tao sa lipunan.

Passing the ADO was challenging, said Pascua.

Marami pa rin sa ating mga kababayan ang lubos na hindi naiintindihan kung ano ba talaga ang SOGIE,” he said, adding that this is – nonetheless – exactly why the ADO is needed. Fortunately, for him, City Mayor Josemarie L. Diaz and Vice Mayor Kit Bello backed the ADO.

With the ADO, “inaasahan natin na magiging mas ligtas ang bawat LGBTQIA person (dito sa Ilagan); inaasahan natin na mas lalong magkakaroon ng lakas ng loob at mamuhay ng mas panatag ang bawat LGBTQIA person, at inaasahan natin ang mas masaya at makulay na pamumuhay ng bawat LGBTQIA person dito,” he said.

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Aside from the aforementioned acts prohibited by the ADO, also deemed unlawful is “discrimination through verbal or non-verbal ridicule and vilification,” where it is declared “unlawful for any… person to vilify or ridicule any person on the based of perceived or actual SOGIE which may result in the loss of self-esteem or sense of safety and security, or the infliction of psychological harm through: contemptuous imitating or mockery; and uttering of abusive and slanderous statements.”

Persons who violate the ADO may be jailed for up to 60 days, and/or fined up to P5,000.

With the ADO, the city mandates its barangays to “develop a system to record and document reported cases of discrimination and violence against LGBTQIA persons, and provide assistance to victims.” But the ADO also establishes an LGBTQIA council.

Yakapin po ninyo ang LGBTQIA people, itaguyod ang SOGIE para sa proteksyon ng bawat LGBTQIA person at bigyan sila ng pagkakataon na mamuhay ng mapayapa at ligtas sa pamamagitan ng pagpasa ng ADO,” Pascua said. “Ang mga LGBTQIA people ay kasama sa lipunan kaya nararapat laman na yakapin, tanggapin at bigyan ng respeto.

PHOTO COURTESY OF MS DINDI TAN

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Behind the bars on LGBTQIA life in prison

In the Philippines, it remains hard to monitor wrongful accusations (and eventual wrongful convictions); much more on how badly this affects members of the LGBTQIA community. Outrage Magazine interviews a gay man who experienced this, and what he went through as a minor behind bars.

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Photo by Dmitry Yakovlev from Unsplash.com

It was a tiring day for then-16-year-old Harry (not his real name). He just got home from two consecutive weddings, and so – right after arriving at their house in San Jose City in Nueva Ecija – he asked his mother if he could skip school to just rest.

Harry’s mother indulged him; but she also asked Harry to look after a younger sibling as she had to do some errands. On her way out, Harry saw his mother speak to the nine-year-old son of their neighbor outside their house; he said he was just wandering to catch a dragonfly.

With his mother gone, and before getting some sleep, Harry decided to harvest some mangoes from the tree beside their house. And while atop the tree, he noticed that the nine-year-old boy was no longer in the street. After getting down from the tree, he went inside their house, locked the door, and then slept.

It seemed that only a few minutes passed, but Harry was woken by knocking on their front door. He got up to open the door; it was the nine-year-old boy’s mother, asking about the clothes Harry wore to one of the weddings that day. When Harry moved to go inside the room to get the pants he wore, the nine-year-old boy surfaced from inside the room.

Anong ginagawa mo diyan (What are you doing there)?” the mother asked her son, flabbergasted.

He said “tinitingnan ko lang ‘yung kapatid ni Harry (I was just looking at the younger brother of Harry).”

Harry joined the conversation, saying he didn’t know that the boy was even inside.

The boy’s family went straight to the police station, accusing Harry of child molestation. Harry was eventually taken into custody.

Though he was only 16 then, Harry was detained at the lock-up facility of the Philippine National Police (PNP). This is – by itself – a violation of Republic Act 9344 or the Juvenile Justice Law of 2006, which sets the minimum age of criminal liability at 15 years old. This means that those between 15 to 18 years old (and Harry was 16 when the alleged rape happened) may be detained in youth centers and go through rehabilitation programs, while those under 15 years old are exempted from criminal liability and undergo intervention.

After a month with the PNP, Harry was transferred to the custody of the Bureau of Jail Management and Penology (BJMP), an agency of the Department of the Interior and Local Government (DILG), mandated to direct, supervise and control the administration and operation of all jails in the Philippines.

Though he was only 16 then, Harry was detained at the lock-up facility of the Philippine National Police (PNP). This is – by itself – a violation of Republic Act 9344 or the Juvenile Justice Law of 2006, which sets the minimum age of criminal liability at 15 years old.
Photo by Ali Yahya from Unsplash.com

RAINBOW INCARCERATION

Here’s a sobering fact: the incarceration rate of lesbian, gay and bisexual (LGB) people is up to three times than that of the general population. Sexual minorities (or people who self-identify as LGB and people who do not identify as LGB but reported a same-sex sexual experience) comprise: 9.3% of men in prison, 6.2% of men in jail, 42.1% of women in prison, and 35.7% of women in jail.

Note: As is often used, “jails” are facilities that hold inmates awaiting trial or serving short sentences, while “prisons” are facilities for those serving their (often longer) sentences.

Now this is worth stressing: Even if this has already been (partly) studied overseas, this continues to be largely ignored in the Philippine context.

One study – “Incarceration Rates and Traits of Sexual Minorities in the United States: National Inmate Survey, 2011–2012″, co-authored by Ilan H. Meyer, PhD, Andrew R. Flores, PhD, Lara Stemple, JD, Adam P. Romero, JD, Bianca D.M. Wilson, PhD, and Jody L. Herman, PhD and published in the American Journal of Public Health – found that sexual minorities are not only incarcerated at disproportionately high rates, but that once incarcerated, they are more likely to experience mistreatment, harsh punishment and sexual victimization.

Sexual minorities (or people who self-identify as LGB and people who do not identify as LGB but reported a same-sex sexual experience) comprise: 9.3% of men in prison, 6.2% of men in jail, 42.1% of women in prison, and 35.7% of women in jail.
Photo by Denny Müller from Unsplash.com

A LIFE IN FEAR

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Nung first time kong pumasok sa loob ng selda, binuhusan ako ng isang pulis ng tubig habang natutulog pa ako (The first day I got detained, a police officer splashed water on me while I was sleeping),” Harry recalled. Dazed and confused, and not knowing who the person was (because she was not wearing uniform), “tinanong ko siya kung naka-detain din ba siya; hindi ko alam na pulis siya. Nalaman ko lang nung bigla niyang pinakuha yung batuta niya (I asked if she was also a detainee; I had no idea she was a police officer. The moment she asked for her club/cudgel, everything just came to me).”

There was a time when Harry was almost transferred to Boystown (a facility for offending minors), but his mother pleaded for this not to be done since he would then be too far from home and she would be unable to visit him regularly. And because he did not entirely understand what was being discussed, all Harry said he could do was cry, “too scared of everything.”

Bullying/getting maltreated was a “norm” particularly for those who just enter prison.

In Harry’s case, he was beaten – an act, he was told, was “a way to welcome new inmates.”

Ano yung ginagawa ng mga jail officers? Wala lang din. Wala silang ginagawa kasi minsan parang sila na din yung nagsasabi o nagbibigay ng memo na i-welcome yung mga bagong inmates (The jail officers are not acknowledging this issue. They are not doing anything about it because there are times when they, themselves, are the ones who give orders to welcome new inmates in that way),” Harry said.

Inside the jail, minors are supposed to be separated from the adult inmates. But this policy is also amendable, depending on the whims of the warden. In their case, an inmate who was also a minor tried to escape because he wanted to celebrate his birthday outside the prison, but “after that incident, the (minors were already treated as adult inmates), included with the adult prisoners.”

Men and women have separate sections; but transgender women are mixed with men.

Wala silang sariling lugar doon sa kulungan. Isinasama sila sa mga lalaki kasi para sa mga tao doon, lalaki pa din sila (There’s no designated place for them. The jail officers still see/treat them as men),” Harry said.

Also as big as a risk for new inmates like Harry was getting raped.

Meron talagang rape na nangyayari sa loob. Lalo na sa mga bagong pasok. Yun din minsan ang parang pinaka-welcome ng mga inmates na lalaki sa mga inmates na bakla. Kahit ayaw mo, talagang pipilitin at pipilitin ka (It is undeniable that rape occurs inside the jail. They specially do it to the newcomers. This is how straight inmates would welcome gay people in their cell. Even if you don’t want to, you will be forced)” Harry recalled.

Harry was not exempted from this experience because, “sabihin ko man na ayaw ko, hindi pa din sila pumapayag na huwag kong gawin. Pag sinabi ng isang inmate na gawin namin, wala na lang din akong magawa kundi sumunod na lang (Even though I didn’t want to, I would never have a choice. If a straight inmate asked for it, you just have to obey them),” Harry said. “Na-experience ko yun as a welcome sa akin nung pagpunta ko don (I experienced it as a welcome greeting when I first got there).”

At 16, Harry was raped in jail by a 23-year-old.

Pag na-gustuhan ka nila, may mga grupo don tapos lalapitan ka nila. Papapasukin ka nila sa lugar nila tapos gagalawin ka nila. Mapapasunod ka na lang kesa masaktan ka (If you caught their interest, groups of boys would approach you and ask you to join them in their cell to rape you. You won’t have any other choice because if you refuse, they will hurt you),” he said.

This maltreatment, by the way, is not exclusive to members of the LGBT community in jail/prison, since “there, no matter what your gender is, they will hurt you if they wanted to.”

Though these may – no doubt – be known to those running the country’s jails/prisons, Harry said that they didn’t have access to any contraceptives and/or protection while inside the jail/prison.

Hindi sila nakakapag-provide ng ganun. Kahit minsan nasusubukan namin magkaroon ng sakit, hindi din kami nabibigyan ng kahit anong gamot. Itinatawag lang namin sa mga magulang namin yung mga ganun (They can’t provide things like that. Even at times when we were sick, no medicines were made available to us. We still rely on our relatives outside),” he said, adding: “Saka pa lang nagkakaroon ng aksyon pag parang mamamatay na yung tao (They only really act when someone is already really close to dying.)”

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There was a point in time when Harry said he almost gave up. But he kept telling himself that “hindi yun ang panahon na dapat akong mawalan ng pag-asa dahil naniniwala ako noon na darating at darating yung oras na malalaman talaga kung ano yung totoo (That was not the time for me to just give up. I had faith that the truth will come out),” Harry said.

In Harry’s case, he was beaten – an act, he was told, was “a way to welcome new inmates.”
Photo by Pavlofox from Pixabay.com

FLAWED SYSTEM

Much has already been said about prison management in the Philippines.

To start, and as noted by the Human Rights Watch (HRW), critical and chronic overcrowding has long been a perennial topic when discussing the country’s jail facilities. BJMP runs 415 detention facilities in 17 regions, and on average, its jailhouses report 380% overcapacity. In Metro Manila alone, the BJMP’s total cell area of 22,318 square meters, designed for 4,749 detainees; but it currently holds 21,868 detainees (a congestion rate of 361%).

The surprising – and somewhat senseless – thing worth noting here is that between 85% and 90% of the more than 94,000 inmates in the custody of BJMP are awaiting or undergoing trial.

“This makes the Philippines the Southeast Asian country with the highest number of pretrial and remand detainees and the second highest in all of Asia. Prolonged detention without charge or trial violates international human rights instruments, including Article 9 of the International Covenant on Civil and Political Rights, which the Philippines ratified in 1986. Moreover, it ‘shall not be the general rule that persons awaiting trial shall be detained in custody,’ but rather released with guarantees of appearing for trial,” HRW stated.

HRW also noted that “the injustice of lengthy detention is compounded by the horrific conditions of the jail facilities (with) many detention centers in the Philippines failing to meet the minimum United Nations standards for such facilities, including inadequate amounts of food, poor nutrition, and unsanitary conditions.”

And yes, “torture and other forms of ill-treatment are also common,” HRW similarly noted.

LIFE LESSONS

Inside jail, fighting for oneself was never really an option, Harry said, because the inmates could just – eventually – get back to you for fighting back. Giving in to just go with the flow was the attitude being in jail teaches inmates.

Though one time, Harry said he tried to fight for his basic human right of… simply existing and being treated more humanely.

One time, he recalled, a lady jail officer started pushing his chest with her fist and kept asking him if it hurts. It reached a point where the officer was already pointing a knife at him.

Sabi ko sa kanya, hindi rin ako papayag na gaganunin niya ako. Bilang isang inmate, itrato din naman sana kami na parang tao dahil hindi naman kami iba sa kanila. Kasi sabi ko wala naman kaming ginagawang masama sa kanila. Tapos sabi ko pwede ko silang ireklamo sa ginagawa nilang ‘yun (I told her that I won’t let her do that to me. I may be an inmate, but I am also a person just like her. I told her that I did not do anything wrong to deserve the way she is treating me. I also told her that I could file a complaint on how she is treating me),” he said.

That – fortunately for Harry – silenced and prevented her from doing more harm.

It was while in jail that Harry finished high school under the Alternative Learning System (ALS) program offered there.

ALS is a practical option for learning in the Philippines, offering education to those who could not usually attend and access the formal type of schooling.

It was also while in jail when Harry first found love.

Harry met another minor, and “we became BFs.”

Prisoners who are in relationships and want to have sex may ask for permission from the jail officers who then give them space to do so. “Pwedeng-pwede lalo na pag LGBT ka; pero pag babae at lalaki, medyo mahirap kasi inmate na lalaki at inmate na babae, bawal ‘yun (ipagsama) (The officers are very open to that matter specially if you are a part of the LGBT community. But if the sexual intercourse is going to be between a man and a woman, they don’t allow it).”

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Their relationship lasted for a year and three months.

Inside jail, fighting for oneself was never really an option, Harry said, because the inmates could just – eventually – get back to you for fighting back. Giving in to just go with the flow was the attitude being in jail teaches inmates.
Photo by Ye Jinghan from Unsplash.com

THE WRONGLY ACCUSED

While in jail, Harry was repeatedly told that he would be transferred to “The Mansion” (how inmates called New Bilibid Prison, located in Muntinlupa as the main insular penitentiary designed to house the prison population of the Philippines). He was scared; and he was feeling bad, though not just for himself but also his mother who – even if she just gave birth – continued to regularly visit him.

And then one day, his lawyer – while on a visit – just handed him his already-signed release paper.

Bigla po akong na-congratulate ng attorney ko dahil nai-panalo ko daw yung kaso ko (My lawyer congratulated me because we won the case),” Harry said.

Relieved, he said he just wanted to have a life outside.

It is worth noting that Harry’s case is not exactly rare. And the warning bells have long been ringing.

In 2004, Free Legal Assistance Group (an NGO that provides legal assistance mainly for human rights cases) conducted a survey of death convicts in the Philippines, and it found “significant figures that could indicate a high judicial error rate”. The survey showed that 73.9% of the convicts were arrested without a warrant, 78.3% were not informed of their constitutional rights at the time of arrest, and – get this! – 90% were not assisted by counsel during police investigation and interrogation.

Perhaps it is also worth noting that 52.2% of the convicts belong to the lowest socioeconomic class.

In 2014, Innocence Project (a litigation and public policy organization composed of human rights advocates in Ateneo, UP Law School and De La Salle University College of Law, headed by Jose Manuel “Chel” Diokno) revealed that some 400 prisoners were wrongfully convicted by the court; most are charged with rape.

And in 2017, the Philippine Daily Inquirer reported of the Supreme Court’s admission that seven in 10 death penalty convictions in 1993-2004 by the lower courts, submitted for automatic review, were wrongly judged. Also, during trials, 59% of the suspects were represented by lawyers from the Public Attorney’s Office, but 54.1% did not have regular consultations with their trial lawyers, and 10.2% never even had a consultation.

So in 2017, during the 17th Congress, former Sultan Kudarat Rep. Horacio Suansing Jr. and Nueva Ecija Rep. Estrellita Suansing filed House Bill 5582 to create a commission mandated to review all cases in which an innocent person was convicted; identify the causes of wrongful convictions; and identify current laws, rules and procedures implicated in each identified cause of wrongful convictions. This is because, the politicians noted, “at present, there is no government entity in our country charged with conducting the independent expert review of wrongful convictions necessary to identify the primary and potential causes of wrongful convictions.”

The same bill was actually originally filed by the late Senator Miriam Defensor Santiago during the 14th Congress and refiled during the 16th Congress. It failed to pass the 17th Congress.

Suffice it to say, in a country like the Philippines, it remains extremely hard to monitor wrongful accusations (as in the case of Harry) and eventual wrongful convictions; much more on how badly this affects members of the LGBTQIA community.  And then – yes – add to this the extra layer of hardships experienced by members of the LGBTQIA community if/when they are sent to jail/prison, some of them experienced by Harry, solely because of their sexual orientation, gender identity and gender expression.

THE WORLD OUTSIDE

Upon his release from jail, Harry’s first stop was his brother’s house, where they accused him of escaping. “They only believed me when I showed them the release paper,” he recalled.

Not surprisingly, the complainants weren’t too happy that Harry was released. And this was even if other stories emerged – e.g. that the family of the complainant just paid the medical exam to release a report that stated that the boy was raped; that when the nine- year-old boy was interviewed, he actually denied that he was raped; and that the complainant demanded P30,000 from his family in exchange for his freedom.

Harry was also told that if he wants to turn the tables on them and file a case against his complainants, it would be a very strong lawsuit.

But not that Harry even cared at that point in time. “Pinabayaan ko na lang. Hindi ko inisip na maghiganti pa sa kanila (I moved on. Revenge is not what I wanted),” Harry said.

Harry’s relationship with his fellow minor inmate also did not prosper.

The BF is also already out of jail, Harry said, and he’s already married (to a woman). “Wala naman akong magawa kundi maging masaya na lang para sa kaniya. Pero magkaibigan kami ngayon (There’s nothing I can do but be happy for him. We’re still friends though),” Harry said.

As a freed man since 2016, Harry eventually found a job working for a local government official.

Sa totoo lang, mahirap talaga ang buhay sa loob ng kulungan kapag kayo ay papasok so kailangan talaga na mag-ingat kayo na wag gumawa ng kasalanan (My advice to the LGBT people is for them to watch their actions because it is very hard to live behind the bars),” Harry said.

And to the incarcerated: “Sana mag-ingat na lang din sila kasi kailangan din nilang maipagtanggol yung sarili nila sa lahat ng maling gawain doon sa loob (To those who are inside, they should take care and learn to fight for themselves from every wrong thing that is happening inside).”

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‘Practice what we believe without inciting hate’

With those opposing the non-discrimination of LGBTQIA people still using the Bible to promote their hatred/bigotry, there are numerous people of faith who say that practicing what we believe is possible without inciting hatred. In the end, the goal is to ensure everyone is treated equally; and for the State to sanction those who violate this concept of equality.

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The SOGIE Equality Bill is needed, said Pastor Carleen Nomorosa, program coordinator at the National Council of Churches in the Philippines (NCCP), because “kinikilala niya at inaangat niya ang kagalingan at kahusayan at ang maaaring maiambag pa ng LGBTQIA people sa iba’t ibang larangan (it recognizes and elevates how good LGBTQIA people can be, and their contribution to various sectors).”

Nomorosa noted that currently, a handful of LGBTQIA Filipinos are not even allowed to share their potentials because they are hindered by their sexual orientation, gender identity and expression (SOGIE). “And as a Christian, as a pastor, I believe that this (SOGIE) should not hinder LGBTQIA people from… fully participating in society,” she said.

This is why, for Sen. Risa Hontiveros, the sponsor of the SOGIE Equality Bill in the Upper House/Senate, there is a need to “remind ourselves of (what unites us). That we are all against any form of discrimination. That we want what’s best for each other. And that we want to preserve our values, and the Filipino family.” So “let’s treat each other with respect, empathy and openness.”

DEALING WITH LAW’S LIMITATIONS

For his part, Atty. Lyndon Caña of the traditional Coalition of Concerned Families of the Philippines, passing the SOGIE Equality Bill will go against the existing law of the land by – to start – giving credence to gender identity. Caña is particularly cognizant of the Supreme Court (SC) decision on the 2007 case of Rommel Jacinto Silverio/Mely Silverio, where the SC stipulated that a female person is one who produces ova/egg cells; while a male person produces spermatozoa.

As background info, on October 22, 2007, the SC’s First Division junked Silverio’s plea to change birth certificate entries — i.e. name to Mely, and sex to female. This after Silverio already underwent gender affirmation surgery. The court ruled that “the words ‘male’ and ‘female’ in everyday understanding do not include persons who have undergone sex reassignment.”

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A Manila court earlier granted Silverio’s plea, but the Office of the Solicitor General elevated the matter to the Court of Appeals, where Silverio lost. The case was then raised to the SC, where Silverio lost with finality.

“While petitioner may have succeeded in altering his body and appearance through the intervention of modern surgery, no law authorizes the change of entry as to sex in the civil registry for that reason. Thus, there is no legal basis for his petition for the correction or change of the entries in his birth certificate,” the High Court said in the decision written by then Associate Justice Renato Corona.

But even the SC’s simplistic definition of what makes males and females may, however, be questioned.

And this is why, according to Prof. Revelation Velunta of the Union Theological Seminary (UTS), there is a need to: 1. Recognize that existing laws may have loopholes; and 2. Come up with solutions to deal with these loopholes.

In the Philippines, Velunta said, there is the Penal Code; which was revised. And then there was a law made to deal with rape; this was also eventually revised. “We always assume that we have anough laws,” he said. “The question then is: If we have enough laws, why do we revise (existing laws)?”

For Velunta, laws can have loopholes that may not answer the current needs. “And this is the case with the SOGIE Equality Bill,” he said.

“For every (faith-based organization that) argues that (the SOGIE Equality Bill) should not be passed, there are (also) faith communities – Christians, Muslims and others – that say that it should be passed,” Prof. Revelation Velunta said.

CONFRONTING BIBLICAL BASHING

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Velunta also said that the attempt to attack the SOGIE Equality Bill by using Biblical texts is flawed. This is – largely – because of “diversity”. To start, “we always ask: Which Bible (do we use)?”

Velunta said that there are 78 books in the Eastern Orthodox Church Bible; 79 in Ethiopian Orthodox Bible; 73 in the Roman Catholic Church Bible; 66 in the Bible used by Protestant churches; and 24 books in the Hebrew Bible. Right now, too, there are 5,700 Greek manuscripts of the New Testament; no two of them are exactly alike. And, also right now, there are over 2,000 English translations of the Bible, so that “there are more English translations of the Bible than there are English languages.”

Velunta, therefore, said that asking “what version (of the Bible)” is always necessary; or better yet, to focus instead on human sexuality diversity.

“For every (faith-based organization that) argues that (the SOGIE Equality Bill) should not be passed, there are (also) faith communities – Christians, Muslims and others – that say that it should be passed,” Velunta said. “For us, for example, we follow the example of Jesus who always took the side of the marginalized, oppressed and the poor. And in this particular situation, the LGBTQIA community is being marginalized. (They’re not asking for special favors, they) are just asking to be recognized that they are God’s children, they are created in God’s image, and being LGBTQIA is a celebration of God’s diversity, of God’s creation, and God’s love.”

For Sen. Risa Hontiveros, the sponsor of the SOGIE Equality Bill in the Upper House/Senate, there is a need to “remind ourselves of (what unites us). That we are all against any form of discrimination. That we want what’s best for each other.”

DEALING WITH CONFUSIONS

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Confusion continues to exist re the SOGIE Equality Bill, nonetheless.

For Kata Inocencio, who is with the 700 Club Asia, there is fear that their freedom to tackle homosexuality – considered a “disorder” with adultery, among others – in their TV programs will be hindered. With her ilk, Inocencio believes that being gay can be “cured”; and conversion therapy is a regular topic discussed in 700 Club Asia.

The SOGIE Equality Bill, however, does not intend to infringe on Constitutionally mandated/protected rights; and earlier efforts were already made to clarify what the bill intends to do/does not cover.

Still, for her part, Nomorosa of NCCP said that “we can still practice what we believe without inciting hate, discrimination and fear against people who do not fit our notion of ‘normal’.”

Nomorosa urged non-use of the Bible to prevent LGBTQIA people from becoming productive members of society because this very act “shows hate, and not the love of God.”

Sister Mary John Mananzan: “Even if we are really against discrimination of (all people), sometimes you have to focus on groups of people that are actually suffering discrimination and violence.”

WANTED: HELP FROM THE STATE

From Cebu in the Visayas, helming the cirty’s anti-discrimination commission, Ms Magdalena Robinson said that there is a need for a national law to provide LGBTQIA people who experience discrimination a redress mechanism.

Robinson is cognizant that there are people – including members of the LGBTQIA community – who oppose giving protection to a minority sector that experiences discriminatory acts solely because of their SOGIE.

But “with our work in the (grassroots), we have really encountered (LGBTQIA people who experienced discrimination). You may not have experienced it firsthand, maybe you just heard of it, but we can’t dismiss that this is a reality for LGBTQIA people. That their identities, their relationships, their gender expressions… are used against them to attack their dignity and demean their very person. So what we want is for the State to provide (a) mechanism to exhaust legal remedies to deal with these.” – WITH ALBERT TAN MAGALLANES, JR.

EDITOR’S NOTES/ERRATUM (Sept. 11, 2019): In the earlier version of this article, Prof. Revelation Velunta of the Union Theological Seminary (UTS) was erroneously identified as “Prof. Salvation Velunta”. This has since been amended. 

Our apologies for this error.

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SC junks plea for marriage equality; but says Charter doesn’t limit marriage based on sex

The SC stated that the 1987 Constitution, from its “plain text,” “does not define, or restrict, marriage on the basis of sex, gender, sexual orientation, or gender identity or expression,” but the petition had to be dismissed based on Atty. Jesis Falcis III’s lack of standing, violation of the principle of hierarchy of courts, and failure to raise an actual, justiciable controversy.

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The Supreme Court (SC) of the Philippines unanimously voted to dismiss on account of a technicality a historic petition to allow same-sex marriage in the country.

The SC dismissed Atty. Jesus Falcis III’ petition “on account of his lack of standing, violating the principle of hierarchy of courts, and failing to raise an actual, justiciable controversy,” SC’s spokesperson Brian Keith Hosaka said in a news conference on Tuesday, September 3.

In 2015, Falcis filed a petition asking the High Court to declare Articles 1 and 2 of the Family Code unconstitutional. The provisions of the 31-year-old law limits marriage between a man and a woman. However, the 1987 Constitution does not categorically state that a marriage must be only between a man and a woman.

But it is worth noting that the SC said the Constitution does not restrict marriage on the basis of sex.

The SC stated that the 1987 Constitution, from its “plain text,” “does not define, or restrict, marriage on the basis of sex, gender, sexual orientation, or gender identity or expression,” but the petition had to be dismissed based on Falcis’ lack of standing, violation of the principle of hierarchy of courts, and failure to raise an actual, justiciable controversy.

The SC ruled with a reminder against “premature” petitions, stating that actions done in the name of public interest “should be the result of collective decision coming from well-thought-out strategies of the movement in whose name we bring a case before this Court.”

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Otherwise, the SC added, “premature petitions filed by those who seek to see their names in our jurisprudential records may only do more harm than good.”

For the SC, “good intentions are no substitute for deliberate, conscious and responsible action. Litigation for the public interest for those who have been marginalized and oppressed deserve much more than the way it has been handled in this case.”

The SC also held Falcis and his fellow lawyers, Darwin Angeles, Keisha Trina Guangko, and Christopher Ryan Maranan, liable for indirect contempt, stating that “to forget [the bare rudiments of court procedure and decorum] — or worse, to purport to know them, but really, only to exploit them by way of propaganda — and then, to jump headlong into the taxing endeavor of constitutional litigation is a contemptuous betrayal of the high standards of the legal profession.”

Associate Justice Marvic Leonen, the ponente, said the issue of same-sex partnerships “may, for now, be a matter that should be addressed to Congress.”

Leonen was quoted as saying by the SC’s Public Information Office (PIO) that the SC “recognized the protracted history of discrimination and marginalization faced by the lesbian, gay, bisexual, transgender, queer, intersex and other gender and sexual minorities (LGBTQI+) community, along with their still ongoing struggle for equality.”

SC also “acknowledged that same-sex couples may morally claim that they have a right against discrimination for their choice of relationships” and said “official recognition of their partnerships may, for now, be a matter that should be addressed to Congress.”

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The SC ruled that judicial adjudication entails ruling on issues “propelled by actual controversies,” adding that it can fully weigh the consequences of its decisions “only through the existence of actual facts and real adversarial presentations.”

But legislation “ideally allows public democratic liberation on the various ways to assure these fundamental rights,” the SC was quoted by the PIO. “Often public reason needs to be first shaped through the crucible of campaigns and advocacies within our political forums before it is sharpened for judicial fiat.”

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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.

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All photos taken during Metro Manila Pride parade in 2019

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.

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“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.

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.

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“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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