How the current legal environment in the Philippines is enhancing LGBTQ rights and inclusivity in the country

How the current legal environment in the Philippines is enhancing LGBTQ rights and inclusivity in the country

Table of content

1. INTRODUCTION
2. Overview of legal environments with regards to LGBTQ
3. Contribution of the framework towards promoting the rights of the LGBTQ in the Philippines
4. Thesis statement
5. LEGAL ENVIRONMENT AND LGBTQ RIGHTS
6. A global overview of how legal landscapes promote LGBTQ rights
7. Countries where the rights of LGBTQ are protected by the law
8. How the laws protect the rights of the LGBTQ
9. Specific laws and clauses that protect the interests of the LGBTQ
10. A global overview of how legal environments negatively affect the rights of the LGBTQ
11. Comparative analysis of countries that have laws that impede the rights of LGBTQ
12. How the laws threaten the existence of LGBTQ
13. Specific laws and clauses inhibiting the laws of the LGBTQ
14. EVALUATION OF PHILIPPINES
15. The legal structure of the Philippines
16. The legal environment of the Philippines with regards to LGBTQ individuals
17. The role of the environment towards promoting inclusivity among all individuals
18. Perceptions of the Philippians towards the legal adoption of LGBTQ in the society
19. Evaluate the effectiveness of the legal environment in promoting LGBTQ rights in the Philippines.

• CONCLUSION

1. Summarize main points
2. RECOMMENDATIONS
3. Policy changes
4. Policy adaptations to correct current anomalies.
5. WORKS CITED

How the current legal environment in the Philippines is enhancing LGBTQ rights and inclusivity in the country

1. INTRODUCTION
2. Overview of legal environments with regards to LGBTQ

Across the globe, legal discrimination, violence, and other forms of human rights violations continue to be unleashed upon the LGBTQ people on account of their gender identity or simply their sexual affiliations. In many parts across the world, Transgender people and homosexuals were presumed mentally ill. However, through the efforts of advocacy groups and human rights organizations, the World Health Organization addressed this issue and reclassified this group of people as gender incongruence rather than mentally ill as considered before. However, the LGBTQ community faces danger in various parts of the world. For instance, 13 countries in the world have criminalized homosexuality, and it’s punishable by death (Taylor et al., 12). Other countries such as Russia have enacted laws that curtail any social organizations that support the LGBTQ community. The LGBTQ community across the world has however experienced a change of heart in many countries where laws have been enacted to protect their rights such as in Germany where same-sex marriage was legalized in 2017 followed by Australia in 2018.

1. Contribution of the framework towards promoting the rights of the LGBTQ in the Philippines

Although the Philippines does not have a national law that discriminates against the LGBTQ community, there are many laws in the municipality level that discriminate against the LGBTQ people. Philippines is ranked among the top countries that support the LGBTQ movement among the Asian countries. Currently, the country does not have a law that protects LGBTQ people. however, a bill that was drafted in 2013 that sought to address the plight of the LGBTQ people is still pending. Once approved the law will see that the LGBTQ people are protected from all forms of discrimination that are perpetrated based on the sexuality or gender identity of such individuals.

Thesis statement

Philippines is among the top countries that pioneered in the formulation of laws and policies that support LGBTQ people, in this essay, I will prove How the current legal environment in the Philippines is enhancing LGBTQ rights and inclusivity in the country.

1. LEGAL ENVIRONMENT AND LGBT RIGHTS
2. A global overview of how legal landscapes promote LGBTQ rights

Over the last few decades, the LGBTQ movement across the globe has received widespread recognition and validation in society and the legal corridors. Today, at least 18 countries recognize same-sex marriages with all the exclusive rights that straight married couples are entitled to. Although few countries such as Uganda and Russia still hold on to discriminatory and homophobic rules and regulations targeting the LGBT people, it will only be fair to say that the world is nowhere near where it was three decades ago.

1. Countries where the rights of the LGBTQ are protected by the law

The plight of the LGBTQ people across the world has received overwhelming support with many countries enacting legislation that protects the right of the LGBTQ people. many a time, the LGBTQ movement has been met with violence and homophobic attacks from people who were opposed to LGBTQ people. in most countries, this happened under the watch of the police as they failed to provide adequate security or to arrest and prosecute the perpetrator of these heinous acts. Many positive strides have been achieved however amidst the great opposition from the ant-LGBTQ movement (Rosales, 22-35). Today, LGBTQ people can pride in recent victories in various parts of the world which marks a significant step towards the protection of LGBTQ people against violation of their human rights. Some of the recorded victories include; 19 states in the U.S recognize same-sex marriage. after a long court battle, the Mexican state of Coahuila passed equal marriage rights bill into law. Croatia and chile parliaments have approved same-sex civil rights unions legislation. Lastly, Transgender people in Europe scored big recently after Denmark became the first country in Europe to permit transgender people to access official documents that recognize their gender identity without the need to pass through medical diagnostic tests for a mental disorder or the need to undertake surgeries requiring alteration of the body that can potentially result to irreversible sterilization.

Only five countries however have received the amnesty international recognition as the only ones that have fully given the LGBTQ people full protection that is enshrined in the respective nations’ constitution. They include Britain, Malta, Fiji, Bolivia, and Ecuador. These countries have enacted laws that have given LGBTQ people constitutional rights irrespective of their gender identity or sexual orientation. Although about 22 countries have passed laws that recognize same-sex marriage, the LGBTQ people in such countries apart from the 5 are still at risk of rights violation because equal constitutional rights are not guaranteed.

1. How the laws protect the rights of the LGBTQ

Law protects the LGBTQ people in areas where they are likely to face discrimination, violence, or where their rights are violated in one way or another. For instance, the law protects LGBTQ people against bullying. Harassment in the workplace and learning institutions is among the highlighted areas where LGBTQ people face harassment due to their sexual orientation and gender identity. Countries that enacted laws that protect LGBTQ people have directives that require such institutions to enforce anti-harassment policies that specifically include gender expression and sexual orientation (Kimmel,78).

The law also protects LGBTQ people by the virtue of prosecution of individuals, groups, or societies that have been accused of violating a person or group of people on account of their sexual orientation, gender expression, and gender identity. Only through enacting laws and ensuring that they are fully enforced can the LGBTQ community be protected by the law.

1. Specific laws and clauses that protect the interests of the LGBTQ

The fifth and fourteenth constitutional amendment in the U.S guarantees equality and equal protection of human rights irrespective of gender, disability, or religion. This clause is as well interpreted as a prohibition of discriminatory acts based on sexual orientation. Also, the U.S constitution guarantees the right of privacy that is enshrined n the country’s constitution in the fourth, fifth, and fourteenth constitutional amendments. These amendments recognize that intimate relationships are personal private decisions and should be left up to the individual. The first amendment on the other end guarantees people the freedom of speech and entitles them to organize and implore the government to recognize gay marriage, recognize lesbians, and end discrimination (Ahmadi, 540).

In the Philippines, an anti-discrimination bill that is meant to address the equal treatment of all irrespective of gender identity, sex, or sexual orientation wherein conditions remains the same in liabilities enforced and privileges allowed. The bill was approved by the House of Representatives in 2017 but failed to pass in the senate. However, the bill ha been reintroduced in the current parliament but is yet to be approved.

1. A global overview of how the legal environment negatively affect the right of the LGBTQ
   

Despite the significant milestones that the LGBTQ has achieved worldwide in terms of the enaction of legislation that protect their rights, many places around the world still hold onto discriminatory laws that segregate the LGBTQ. For instance, only 19 states in the U.S recognize same-sex marriage Reyes, (560-567). Additionally, even those that recognize same-sex marriage have to enact legislation that fully guarantees the LGBTQ constitutional protection against discrimination and harassment. Different interest groups such as anti-gay marriage groups and religious organizations continue to campaign against the legalization of laws that would grant the LGBTQ community constitutional rights. The catholic church in the Philippines for instance has been very vocal in condemning the gay rights movements which are seeking to implore the government to pass the rights bill which will see that the LGBTQ community is protected against any form of discrimination based on their sexual orientation.

1. Comparative analysis of countries that have laws that impede the rights of LGBQ
2. i) Being gay is punishable by death in the following countries; Qatar, south Sudan, Mauritania, Syria, parts of Nigeria, Yemen, Iran, Iraq, parts of Somalia, UAE, Pakistan, and Afghanistan.
3. ii) propaganda that is interpreted as support for the LGBTQ communities is illegal in the following 17 countries: Egypt, Russia, Kuwait, Jordan, Syria, Lithuania, Qatar, Saudi Arabia, Libya, Algeria, Somalia, Nigeria, Morocco, Iraq, and Iran (Daly, 466-468).

1. ii) 74 countries in the world have criminalized same-sex sexual relations across the globe.

1. How the laws threaten the existence of the LGBTQ

These discriminatory laws against LGBTQ perpetrate harassment, name-calling, and even the possibility of being denied a job or even proper healthcare. Some life-threatening incidences have been witnessed where cases of LGBTQ people have been physically attacked, beaten up, and even murdered. Intersex people in many parts of the world are forced to undergo, unnecessary, and dangerous invasive surgeries to assign them sex. All these heinous acts are perpetrated against the LGBTQ due to their sexual affiliation which is by no means a valid reason and therefore governments in such respective countries have failed in their mandate to protect its citizens.

1. Specific laws and clauses inhibiting the laws of the LGBTQ

74 countries across the world have ant- LGBTQ laws. Among these, Uganda has attracted the attention of the international community after a recent bill was passed into law in 2013 that criminalized homosexuality. The Uganda Homosexuality Act, 2014 criminalized homosexuality and carries a life imprisonment sentence. Another country with notable laws against the LGBTQ community in Russia. In 2013, federal law criminalizing demonstration and the distribution of materials among minors was enacted (Docena,112-113). The law supports traditional sexual relations and anything contrary to that is faced with intensive aggression. Since its inception, there have been numerous police arrests of people who publicly support the LGBTQ community. More anti-gay demonstrations have been witnessed across the country as well.

III. EVALUATION OF PHILIPINES

1. Legal Structure of the Philippines
   

The philippine state is a nation with more than 85 dialects being spoken in the country. The numerous tribes in the nation depict their diversity. Being a nation with more than 100million citizens from different ethnic tribes and with different cultures, laws are formulated to ensure all persons’ rights are incorporated within them. A considerable percentage of the Philippines population comprises of the Muslims who migrated into the nation in the 14^th Century. Islamic law is instilled to ensure the rights of the Muslims are protected and avoid possible extortion of their rights. The legal system contains civil laws that dictate how issues regarding the family relationship, personal property and transfer of property, and contracts, are handled.

With this segment of the law, people can trace and fight for their legal property and controversial regarding family conflicts that are catered and solved through such laws. For the entrepreneurs who have involved in the corporate world, the Anglo-American law, or the common law presides in these dockets. Issues to do with taxation, banking, and insurance have their guidelines outlined within the common law thus any controversies that may evolve within the business sectors can be quickly resolved. Customary laws also comprise the legal structure of the Philippines whereby the customary law ensures the legal rights of the indigenous people are reserved. Within the customary law, the tradition, culture, and customs of the indigenous people are protected from the violation.

1. Legal Environment of Philippines with Regard to LGBTQ

The Philippines is one of the nations in Asia which is gay-friendly with a huge percentage population of adults amounting to 74% who support homosexuality (Manalastas et.al, 62-63). The Philippine adults in the nation and the data above depict that gay people have a good rapport with the non-gay people in the country. In past years many individuals have tried to pursue the legislature to pass the same-sex relationship and marriage but the legislature was adamant to pass the laws.

In 2017 the homo-sexual individuals were embraced in the society with the passing of LGBTQ Rights Bill. The lawmakers apprehended their perspectives and unanimously approved the bill without and disproval from any law marker. The raw gave the lesbian, gays, and bisexuals the right from any kind of discrimination from the public. Those individuals who were found to commit any form of discrimination were to be regarded as culprits and legal action was to be taken against them and penalized fully. The bill protected transgender people from being denied essential services such as access to public services as well as revoking of the LGBTQ persons’ professional licenses. From the bill, it was illegal to deny the LGBTQ persons’ access to both private and public health if they seek it and those who denied the gays, lesbians, and bisexuals from accessing education from any institution. With such laws, the LGBTQ persons were shielded from any form of extortion from individuals with malicious agendas.

1. Role of the Environment Towards Promoting Inclusivity among all Individuals

The passing of the LGBTQ Rights Bill enabled transgender and gays to blend well in society and intermingle with other persons in the community. Through the bill, LGBTQ persons were equipped with self-confidence and their self-esteem was boosted since they knew they were recognized by the government (Holmes). LGBTQ people can integrate into society since they know there is a law that covers and protects them from any form of harassment. The citizens of the Philippines who were non-LGBTQ as most had established a good rapport with the LGBTQ people finally accepted them fully into the society since they saw the government also had come into terms with the existence of the LGBTQ persons in the Philippines. Being accepted by the government provided a stable environment on which the LBGTQ individuals could thrive and exist without fear of being harassed and hence they were able to fit and feel like members of the society again. The LGBTQ Rights Bill proved that LGBTQ persons could and are people who are regal members of society.

1. Perceptions of Philippines Towards the Legal Adoption of LGBTQ Rights

With the adoption of the LBGTQ Rights Bill the perception of I as a Philippian changed into the advantage of the LGBTQ people. The gesture of the approval of the bill depicted to me that the government is portraying the illusion of equality among or its citizens. It means that LGBTQ people and those who are non-LGBTQ are equal hence though I am a non-LGBTQ I can relate and share the same institution environment with the LGBTQ people. The bill by protecting the LGBTQ persons from discrimination altered my perception towards accepting and accommodating gays, lesbians, and transgender people into the society. Through the adoption of the bill, I was able to alter my view of how I perceived the LGBTQ generation on joining the military. I thought they didn’t fit to be recruited in the army and should be denied access to such chances since they viewed, they could be a disgrace to our army. With the adoption of the bill, I changed my perception since the government recognized the existence of the LGBTQ generation thus protected them from being discriminated against. Some Philippines perceive the act of homosexuality as immoral and a disgrace to the community thus posing a threat and possible opposition to legitimizing homosexuality (Macapagal, 44-45).

1. Effectiveness of the Legal Environment in Promoting LGBTQ Rights

When the government passed the LGBTQ Rights into law, they alluded that those who violated the rights contained in the bill will be prosecuted it formulated a solid foundation for the LGBTQ generation to successfully coexist in the society with other people. The government stated that between 100,000 Philippine Pesos and 500,000 Philippine Pesos was the penalty fine to be charged to those culprits who violated those rights stated in the bill. With such a gesture of fining the offenders of the LGBTQ rights, it’s clear that the law will be adhered to successfully unless one wants to be fined such a massive sum of money. Since most of the individuals in the Philippine are good friends of gays and lesbians it’s almost impossible for the bill to be violated as most have accepted LGBTQ persons as their brothers and sisters. The Philippine government itself gives the guidelines to be followed and dictated the measures to be taken on the offenders who violate the rule, thus it’s clear that the government will deploy officers to ensure the culprits are handed over to justice. With such mechanisms, its clear the legal environment will be effective.

1. CONCLUSION

The world view on the plight of the LGBTQ is gradually changing as more countries continue to adopt laws and policies that will see the LGBTA community protected from discrimination and violation of their rights by the virtue of their sexual affiliations or gender identity. The World Health Organization is at the forefront of reading this campaign which is evidenced by the alteration of how Transgender people were referred to in legal terms. However, more is still to be done since there are other countries where the LGBTQ community is still persecuted overwhelmingly such as Uganda and Russia. A society is declared as success when all there is a safe and conducive environment in which all people can cohabit and dwell together. The measures are taken by the government to ensure the peaceful coexistence of LGBTQ individuals in society and ensure their rights are protected from any form of violation. People need to change their perception and embrace the LGBTQ generation without discriminating against them. Equality among all people should be key and people should not be judged or denied access to explore their capabilities based on their sexual preferences.

1. RECOMMENDATION

In the Philippine political arena, it has been cross to impossible for LGBTQ individuals to access and become active participants in politics. The transgender people are viewed as immoral persons thus denied the chance of vying for political positions. Policies should be adopted to ensure Transgender, gays, and lesbians have equal political fields for them to explore. The new policy should be adopted to allow the marriage of homosexual people to be legalized in the nation. Such a gesture will promote fair treatment and utmost respect for LGBTQ persons’. It will also minimize and possibly eliminate the perception of homosexuality as being an immoral act in the community.

Works Cited

Manalastas, Eric Julian, et al. “LGBT psychology in the Philippines.” Psychology of sexualities review 7.1 (2016): 60-72.

Macapagal, R.A.  “Further validation of the Genderism and Transphobia Scale in the        Philippines.”  Philippine Journal of Psychology, 46(2), 49–59, 2018.

Holmes, M.G.S.  A different love:  Being a gay man in the Philippines. Pasig, Philippines: Anvil,             2006

Ahmadi, S.  “Islam and homosexuality:  Religious dogma, colonial rule, and the quest for             belonging.” Journal of Civil Rights and Economic Development, 26(3), 537-563, 2012.

Daly, M. “Gender mainstreaming in theory and practice. Social Politics” International studies in Gender, State & Society, 12(3), 433–450, 2009.

Docena, P.S. Developing and managing one’s sexual identity: Coming out stories of Waray gay   adolescents. Philippine Journal of Psychology, 46(2), 75–103, 2013.

Kimmel, M. The Gendered Society. Oxford University Press, London, 2017.

Reyes, M., C., S. “Religiosity, Gender Role Beliefs, and Attitudes Toward Lesbians and Gays in the Philippines.” North American Journal of Psychology, (21):3, pp. 559-572, 2019.

Rosales, P., R. “Is PNoy right to worry about kids being raised by gay couples? A psychologist    responds.” (2013, December).

Taylor, V., Whittier, N. & Rupp, L., J. Feminist Frontiers. McGraw-Hill, New York, 2009.