REPUBLIC OF THE PHILIPPINESHOUSE OF REPRESENTATIVES

Quezon City, Metro Manila

FIFTEENTH CONGRESSFirst Regular Session

House Resolution No. 1333

Introduced by Kabataan Party-List Representative Raymond V. Palatino

A RESOLUTION DIRECTING THE APPROPRIATE COMMITTEE TO CONDUCT AN INVESTIGATION, IN AID OF LEGISLATION, INTO PREJUDICIAL, DISCRIMINATORY AND UNJUST PRACTICES AND POLICIES AGAINST LESBIANS, GAYS, BISEXUALS AND TRANSGENDERS IMPLEMENTED AND TOLERATED IN EDUCATIONAL INSTITUTIONS, WITH A VIEW TO ENSURE FULL RESPECT FOR THE RIGHTS OF ALL STUDENTS, REGARDLESS OF SEX, SEXUAL ORIENTATION, GENDER IDENTITY AND GENDER EXPRESSION

WHEREAS, Article 2, Section 11 of the 1987 Constitution declares that “the State values the dignity

of every human person and guarantees full respect for human rights.” Furthermore, Article 2, Section 14

imposes on the State the duty to ensure the fundamental equality before the law of women and men;

WHEREAS, the Philippines is a signatory to international agreements on the respect for human

rights of all persons regardless of any condition, including sex, sexual orientation and gender identity.

Institutions such as the United Nations Human Rights Committee (UNHRC) and the UN Committee

on Economic, Social and Cultural Rights have interpreted these instruments to include protection

against discrimination on the basis of sexual orientation;

WHEREAS, Article 26 of the International Covenenant on Civil and Political Rights, which

mandates the State to “guarantee to all persons equal and effective protection against discrimination

on any ground such as race, color, sex, language, religion, political or other opinion, national or

social origin, property, birth or other status” has been interpreted by the UNHRC to include a

protection against discrimination on the basis of sexual orientation. The Committee on Economic,

Social and Cultural Rights has also interpreted Article 2 of the International Covenant on Economic,

Social and Cultural Rights (ICESCR) to include sexual orientation in the Covenant’s non-

discrimination provisions;

WHEREAS, while the Bill of Rights in the 1987 Constitution guarantees equal protection

for men and women, and even as the Philippines is a signatory to these international agreements on

respect for human rights, lesbians, gays, bisexuals and transgenders (LGBT) in the country continue

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to face violence and discrimination by the society at large, primarily because of their sexual

orientation, gender identity and gender expression. As a consequence of prevailing misconceptions

about the LGBT sector, coupled with the absence of government measures to combat homophobia

(fear of homosexuals) and transphobia (fear of transgenders), LGBTs are confronted with prejudicial

practices and policies in schools, workplaces, commercial establishments, the civil service and

security services and thus, are faced with difficulty in the exercise and enjoyment of their basic and

fundamental rights and freedoms;

WHEREAS, in the academic setting, students who are LGBT, or are perceived to be LGBT,

or who associate with LGBT people, have been and are subjected to pervasive discrimination,

including harassment, bullying, intimidation and violence, consequently depriving them of equal

educational opportunties. Constitutional rights, including rights to equal protection, privacy, and free

expresion, are then infringed when school administrators engage in discriminatory treatment or are

indifferent to discrimination on the basis of sexual orientation or gender identity;

WHEREAS, the education system in the country generally remains to be sexist,

homophobic and transphobic as many schools implement rules and regulations that force LGBTs to

suppress their sexual orientation and gender identity. Such discriminatory rules and regulations,

among many other factors, prevent the development of the LGBT youth inside and outside the

academe and hinder the realization of their full potentials as individuals and as members of the

society;

WHEREAS, various LGBT groups have recorded several discriminatory practices inside

schools, among which are the humilitation by classmates, teachers and other school personnel, the

prohibition and even expulsion of LGBTs who cross dress—i.e. gays wearing blouses or lesbians

wearing pants—inside schools, the conduct of arbitrary examinations intended to measure the

“masculinity” of applicants for the school, with the intention of weeding out gay students and with

those failing the said examinations facing unjust probation, discrimination in memberships in school

organizations, fraternities and sororities;

WHEREAS, many social sciences studies have shown that discrimination, bullying,

intimidation and violence at school are contributing factors to high rates of absenteeism, dropout,

adverse health consequences and academic underachievement among LGBT youth. When left

unchecked, such practice can lead, and has lead to, life-threatening violence and to suicide;

WHEREAS, while laws of the land trumpet equality for men and women, there are no

specific laws that define or expressly include sexual orientation and gender identity, and what

constitutes discrimination against LGBTs. As a result, educational institutions have formulated and

implemented policies that are discriminatory, while LGBTs have limited legal recourse to redress for

discrimination on the basis of sexual orientation or gender identity;

WHEREAS, the need to correct existing discriminatory policies and practices should not

only be limited inside the academic setting, but as well as in communities, workplaces, churches,

civil and security services as LGBTs from these sectors experience the same violations of their

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human rights. As such, the fight for the recognition of their sexual orientation and gender identity is

inextricably linked to the struggle for economic survival and political emancipation;

NOW THEREFORE BE IT RESOLVED, AS IT IS HEREBY RESOLVED, that the

appropriate committee conduct an investigation, in aid of legislation, into prejudicial, discriminatory

and unjust practices and policies against lesbians, gays, bisexuals and transgenders implemented and

tolerated in educational institutions, with a view to ensure full respect for the rights of all students,

regardless of sex, sexual orientation, gender identity and gender expression.

Adopted,

HON. RAYMOND V. PALATINORepresentative, Kabataan Party-list

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