Page 129 - May 2018 - December 2018 Issue

Gender Sensitive

Philippine Laws

By Skye Zafe, Legal

Woke

In this generation, woke does not only denote its literal meaning of one’s state of being awake, but is referred to mean social
awareness or being consciously awake by millennials. Through social media, the younger generation is playing an important role in
putting a spotlight on various movements, resulting in these advocacies gaining the momentum and recognition that was not
previously possible. In the spirit of wokeness, and in celebration of Diversity Month, let us take a look at notable updates as regards
various gender legislation in the country:
Sexual Orientation and Gender Identity and Expression (SOGIE) Equality

House Bill No. 4982 or “An Act Prohibiting Discrimination on the Basis of Sexual Orientation or Gender Identity or Expression (Sogie)
and Providing Penalties Therefor” was passed by a 197-0 vote in the House of Representatives last 20 September 2017. The first of its
kind in the country, the SOGIE bill has lumped the lesbian, gay, bisexual, and transgender sector (LGBT) with others such as the
differently-abled and indigenous groups. It aims to fulfill the rights set forth in the Constitution by upholding the equal protection
clause. The bill likewise acknowledges the Philippines’ duties as signatory to the Universal Declaration of Human Rights and the
International Covenant on Civil and Political Rights, recognizing that the non-discrimination of the LGBT as both a national and
international duty.
The SOGIE Equality Bill protects people from discriminatory acts such as:

■ Denial of access to public services
■ Including SOGIE as a criteria for hiring or dismissal of workers
■ Refusing admission or expelling students in schools based on SOGIE
■ Imposing disciplinary actions that are harsher than customary due to the student’s SOGIE
■ Refusing or revoking accreditation of organizations based on the SOGIE of members
■ Denying access to health services
■ Denying the application for professional licenses and similar documents
■ Denying access to establishments, facilities, and services open to the general public
■ Forcing a person to undertake any medical or psychological examination to determine or alter one’s SOGIE
■ Harassment committed by persons involved in law enforcement
■ Publishing information intended to “out” or reveal the SOGIE of a person without consent
■ Engaging in public speech which intends to shame or ridicule LGBTQ+ persons
■ Subjecting persons to harassment motivated by the offenders bias against the offended party’s SOGIE, which may come in the
form of any medium, including telecommunications and social media
■ Subjecting any person to gender profiling
■ Preventing a child under parental authority from expressing one’s SOGIE by inflicting or threatening to inflict bodily or physical
harm or by causing mental or emotional suffering
Currently, a similar measure is pending in the Senate, urgent passage of which is being sought by its proponents.
Anti-catcalling and Street Harrasment

In 2016, Quezon City passed City Ordinance No. 2501, which penalizes street-level harassment of women. Violations include cursing,
catcalling, repeatedly asking the subject for a date or her contact number, or taunting a woman with constant talk about sex, which
tend to ridicule, humiliate or embarrass the victim. Similar to this, the City of Manila has recently passed Ordinance No. 7857 that
“will penalize all forms of sexual harassment in public spaces such as catcalling, wolf-whistling, leering, groping, and many others.”
Sen. Risa Hontiveros’ Senate Bill No. 1326 or simply the “Safe Streets and Public Spaces Act of 2017,” defines gender-based street and
public spaces harassment. The fact that the Revised Penal Code on unjust vexation does not cover “with exactitude” gender-based,
misogynistic and homophobic public spaces harassment,” while provisions on sexual harassment only cover harassment in the
workplace between a superior and subordinate, there arose a need for street harassment to be addressed on the national level. On
its third and final reading, the Senate has passed said bill last October 8.
Little by little, through the passing of relevant legislation, unsafe spaces and gender-based discrimination will soon be a thing of the
past. Although much of it rests on the hands of our elected officials, we can also do our part by being pro-actively woke.

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