Notesale: Turn your study into money

Document Preview

Extracts from the notes are below, to see the PDF you'll receive please use the links above

---

Page |1

I
...
One sector that is very vulnerable of violation of
the above mentioned rights are lesbian, gay, bisexual and transgender (LGBT)
...

According to a Sigmund Freud the reasons of Homosexuality is gender identification
differences: It is agreed that an element of gender ID is based on the decision made by
parents on how to raise the child, the other element is formed with the development of
language skills, naming of sexual behaviors and the naming process related to these
behaviors
...
From the thesis of Mr
...

Currently the community of homosexuals is commonly known as lesbian, gay, bisexual
and transgender (LGBT) community
...
As a result of this stigma
several issues regarding human rights violation are common such as the issue of same sex
marriage, discrimination and harassment making the community vulnerable for danger
and abuse
...


Problem and its Background

Human rights encompasses sexual orientation and gender identity of an individual,
thus, it should be impartial and must equally apply to everyone
...
Pillard, April 2003
...

The main thrust of this study is to determine the human rights violation suffered by
LGBT group in the aspect of equality and non-discrimination
...
Furthermore
this study will specifically focus on the issues with regard to:
1) Same-Sex Marriage
2) Discrimination and Harassment
A
...
Same-sex marriage
This aspect extends only to inequality as to laws granting the right to enter into marriage
within the Philippines
...
Discrimination and harassment
Due to time constraints, the researchers utilized published studies and articles, thus
selected only cases of discrimination suffered by LGBT in school as well as harassment
which pertains only to verbal harassments
...
Definition of Terms
Sexual orientation- A component of identity that includes a person’s sexual and
emotional attraction to another person and the behavior and/or social affiliation that may
result from this attraction
...
Individuals
may identify as lesbian, gay, heterosexual, bisexual, queer, pansexual, or asexual, among
others2
...
(2015)
...
American Psychologist, 70(9), 832-864
...
org/10
...
g
...
Since gender identity is
internal, a person’s gender identity is not necessarily visible to others
...

Gender Expression- The presentation of an individual, including physical appearance,
clothing choice and accessories, and behaviors that express aspects of gender identity or
role
...

Discrimination- refers to the positive or negative behavior towards a social group and
its members
...
”
Same-sex marriage- also known as gay marriage or a homosexual marriage
...


Ibid,
Ibid, note 2
5 Smith, Eliot R
...
2002 Szociálpszichológia
...

6 Legal Definitions and Legal Terms Defined, available from http://definitions
...
com/
7 ttps://bullyingnoway
...
au/Resources/FactSheets/Documents/bnw-factsheet-1-bullying-definitions
...


Review or related literature

According to Sigmund Freud homosexuality is the result of the sexual orientation of the
person
...
Sexual orientation also refers to a
person’s sense of identity based on those attractions, related behaviors, and membership in
a community of others who share those attractions
...
In addition to sexual behaviors, these bonds include nonsexual physical affection
between partners, shared goals and values, mutual support, and ongoing commitment
...

Rather, one’s sexual orientation defines the group of people in which one is likely to find
the satisfying and fulfilling romantic relationships that are an essential component of
personal identity for many people
...
Times passed, the society was introduced with the so called
“third gender”
...
This third gender has been slowly becoming part
of the society
...
In the international aspect, the LGBT Community has been
continually protected by Articles 1 and 2 of the Universal Declaration of Human Rights
...
They are
endowed with reason and conscience and should act towards one another in a spirit
of brotherhood
...
(2008)
...
Washington, DC: Author
...
apa
...
pdf
...
Furthermore,
no distinction shall be made on the basis of the political, jurisdictional or international
status of the country or territory to which a person belongs, whether it be independent,
trust, non-self-governing or under any other limitation of sovereignty
...
”
The history of LGBT advocacy in the Philippines, reference was made to the early
existence of transvestism and crossing gender in the 16th and 17th century with the
“Babaylan”, their disappearance under Spanish colonialism and the emergence of different
gender identities and sexual orientations in the 1960s
...
Following the emergence of gay literature and academic studies, the
90s saw the first demonstrations of political activism with participation by LGBT
communities and organizations in both LGBT-specific marches (pride marches) and
mainstream demonstrations such as International Women’s Day and the 1994 march
protesting the Value Added Tax
...
Being LGBT in Asia: The Philippines Country Report
...
Ceejay Agbayani of the LGBT
Christian Church
...
Abinon is the lesbian partner
...
However, the said news garnered violent reactions which led some people to call
them “Anak ni Satanas”
...
However, it cannot be
denied that The 1987 Constitution recognizes No person shall be deprived of life, liberty,
or property without due process of law, nor shall any person be denied the equal
protection of the laws
...
Hodges the US Supreme Court reiterated
that the right to marry is a fundamental right inherent in the liberty of the person, and
under the Due Process and Equal Protection Clauses couples of the same-sex may not be
deprived of that right and that liberty
...
Barranco the Justice Romero said “We cannot castigate a man
for seeking out the partner of his dreams, for marriage is a sacred and perpetual bond
which should be entered into because of love, not for any other reason
...

Marriage as define in E
...
Marriage is a special contract of permanent union between a man and a
woman entered into in accordance with law for the establishment of conjugal and
family life
...
519 (July 31, 1997)

Page |7

stipulation, except that marriage settlements may fix the property relations during
the marriage within the limits provided by this Code
...
12 The freedom to marry has long been recognized as one of the vital personal
rights essential to the orderly pursuit of happiness by free men
...
14
The right to marry is a well recognized right in the human right under international
law
...
It should be therefore be concluded that the
institution of marriage is universally regarded as fundamentally important deserving the
full protection of all states
...

Legislative regulation of marriage must, however, not contravene the mandates of
the Constitution
...
15
Marriage a few decades ago was arrange by the bride’s and groom’s parents perhaps
the premise was the genesis of why parental consent or parental advice is essential before
one can acquire a valid marriage license
...
One of the prominent changes in the society
however is the dynamic acceptance of society of Gay and Lesbian rights
...
Comelec, where the
petitioner’s accreditation was denied not necessarily because their group consists of LGBTs but
12 Skinner v
...
Ct
...
Ed
...
Virginia, 388 US 1, 87 S
...
1817, 18 L
...
2
...
NLRC, 82 SCAD 747, 272 SCRA 596,
15 See Supra note 3

Page |8

because of the danger it poses to the people especially the youth
...
It will bring down the standard of morals we
cherish in our civilized society
...
16 The Supreme Court however ruled that the said denial was violated the right to
Equal protection and Freedom of association
...
He wrote about how existing international norms
should be construed to include rights against discrimination on the basis of sexual
orientation, including the rights of privacy, equality, speech, expression, and association
...
” While these terms have increasing global
resonance, in different cultures other terms may be used to describe people who form
same-sex relationships and those who exhibit non-binary gender identities (such as hijra,
meti, lala, skesana, motsoalle, mithli, kuchu, kawein, travesty, muxé, fa’afafine, fakaleiti,
hamjensgara and Two-Spirit)
...
Intersex people (those born
with atypical sex characteristics) suffer many of the same kinds of human rights violations
as LGBT people, as indicated below
...
Hodges where the court said that the right to marry
entails the right to liberty and protects the life to property and declared that individuals
having the same sex who intends to enter into marriage should be afforded equal
protection as those men and women who entered marriage
...


16 Ladlad Vs
...
(1995)
...
Leiden,
Netherlands: Martinus Nijhoff
...
ohchr
...
unfe
...
pdf

Page |9

A major factor in the Philippine context is the influence of the Catholic Church, which
strongly opposes same-sex marriage19
...

Notably, to counteract anti-RH advocates’ emphasis on God and the sanctity of life in their
moral messaging
...

Hodges the prohibition entails a denial of due process to individuals of the third gender
...
21
Principles and traditions demonstrate that the reasons marriage is fundamental under
the Constitution apply with equal force to same-sex couples
...
This abiding connection between marriage
and liberty is why loving invalidated interracial marriage bans under the Due Process
Clause
...
Texas
...
Another principle in this Court’s jurisprudence is that the right to
marry is fundamental because it supports a two-person union unlike any other in its
importance to the committed individuals
...
Connecticut, which held the Constitution protects the right of
married couples to use contraception, and was acknowledged in Turner v
...
Same-sex

19 Villegas, S
...
(2015, August 28)
...
Retrieved September 9, 2018, from http://www
...
com/
cbcpnews/?p=62674
20 Luczon, C
...
P
...
S
...
Commentary: Sustained advocacy produces success in the
Philippines
...
LANTION, G
...
No
...
22
Discrimination and harassment
Students who are or who are perceived to be lesbian, gay, bisexual, or transgender
(LGBT) often experience harassment, bullying, and discrimination in school
...
Sexual minority youth often come out in high school, and researchers have
found that the average age that adolescents self-identify as gay or lesbian is 16 years
...
Verbal harassment can escalate
into physical intimidation, pushing, hitting, and shoving
...
Discrimination of LGBT students
often involves harassment and bullying
...
In a recent study, LGBT students
were asked how bothered they were from hearing terms based on sexual orientation used
in a derogatory way, and 40% of youth stated they were extremely distressed
...
Harassment can affect students
academically as some LGBT youth have difficulty concentrating in class and focusing on
schoolwork, and students may emotionally or physically distance themselves from school
...
Hodges No
...
Argued April 28, 2015—Decided June 26, 2015*
23 Hillier, L
...
, & Haste, B
...
The rural mural: Sexuality and diversity in rural youth
...

24 Hall, W
...
(2007)
...
Chapel Hill, NC: Safe Schools NC
...
G
...
The 2003 National School Climate Survey: The school-related experiences of our
nationís gay, lesbian, bisexual and transgender youth
...

26 Hunter, J
...
(1987)
...
Social Work in
Education, 9, 180-190

P a g e | 11

Discrimination and harassment often leads to youth feeling rejected, isolated, and
hopeless, which can negatively affect students beyond their education
...


27

Rejection by peers and teachers can manifest into self-destructive behavior
...
29 It is prominent today that student who identify
themselves as member of the LGBT are at high risk of the above mentioned treatment,
those treatment and the result of such treatment is quite alarming
...
Public schools have an obligation to protect LGBT students from harassment
on an equal basis with all other students; thus, schools cannot pick and choose which
students will be protected from harassment
...
The Equal Protection Clause
has been used successfully against school districts and school personnel that failed to
protect LGBT students from harassment
...
In Doe v
...
Pat Doe was born
male but had a female gender identity
...
When Doe wore girl’s
clothing and accessories to school, administrators often sent her home to change
...
, Wells, J
...
(2000)
...
Boston: Allyn and Bacon
...
, & McKinney, R
...
What schools can do to help gay/lesbian/bisexual youth: A harm
reduction approach
...

29 Faulkner, A
...
, & Cranston, K
...
Correlates of same-sex sexual behavior in a random sample of
Massachusetts high school students
...
Morgan Hill Unified School District United States Court of Appeals, Ninth Circuit
...
Filed April 8, 2003
...
Doe stopped attending
school and said that administrators created a hostile environment for her at school
...
When Doe tried to
enroll to repeat eighth grade, she was told that she could not come to school wearing girl’s
clothing
...
Doe’s desire to wear girl’s
clothing was an expression of her desire to be identified as a female
...
31
In another case, Anthony Colin at tenth grade, wanted to start a Gay-Straight Alliance
Club (GSAC) at his school
...
The principal sent the application to
the school board and told Colin the proposed name was inappropriate
...
The board held a public forum allowing community members to
express their views about the GSAC
...
Subsequently, the board voted to deny the
GSAC permission to meet, and told the students that they would need to change the club
name and promise not to discuss issues related to sexual orientation and homophobia
...
A judge
ordered the school district to allow the GSAC to meet
...
32
In recent years, lawmakers and school administrators in the Philippines have
recognized that bullying of LGBT youth is a serious problem, and designed interventions to
31
32

Doe v
...
Colin v
...
, 83 F
...
2d 1135 (C
...
Cal
...
In 2012, the Department of Education (DepEd), which oversees primary and
secondary schools, enacted a Child Protection Policy designed to address bullying and
discrimination in schools, including on the basis of sexual orientation and gender identity
...
The adoption of these policies sends a strong signal
that bullying and discrimination are unacceptable and should not be tolerated in
educational institutions
...

In the absence of effective implementation and monitoring, many LGBT youth
continue to experience bullying and harassment in school
...
33
IV
...
The issue of same-sex marriage is
considered as one of the sensitive concerns in the Philippines since it is a Catholicinfluenced country
...
hrw
...


Interpretation

Non-Sectarian

Same Sex

Marriage is a sin

Interpretation
Negative

7
...
60

negative
2
...
78

an important

Extremely

5
...
02

Negative

6
...


Same sex

marriage is

8
...


Extremely
negative

Same sex

marriage

6
...
It clearly shows that several students of
Adamson University and Polytechnic University of the Philippines have a negative idea
same-sex marriage which according to the research is hugely affected by their faith
...
Approximately, 63 people responded with corresponding answers
...
Their identities were kept anonymous
for privacy reasons
...
(1-very mild, 5very intense)
70
60
50
Very Intense

40

Mild
30

Moderate
intense

20
10
0

TABLE 2

Results and Interpretation:
The respondents were asked to rate the intensity of discrimination in the
Philippines against LGBTs
...
5 percent of the respondents gave a rating of 1 (very
intense)
...
11 percent gave a rating of 2, which is described as mild
...
14 percent, gave a rating of 3 (moderate)
...
39 percent who gave a rating of 4 (intense) and also 4
...

Based on the results, the majority of the respondents think that there is a moderate
intensity of discrimination in the Philippines
...
3 percent of those who
gave such rating said that discrimination used against LGBTs in the Philippines unlike in
other countries
...


P a g e | 16

Q: What forms of discrimination against LGBT are you aware of?
90
80
70
60
50

Discrimination

40

Outcasting

30

Physical Abuse

20
10
0
Table 3

Results and discussion:
There are varied answers in this question: 79
...
87 percent answered social outlasting, 11
...
The
result showed Discrimination as one of the most occurring in the Philippines According to
ProGay Philippines (2014), there is an increasing number of a suicide in the Filipino youth
who are homosexuals due to discrimination
...
14 Percent said that the government’s laws and policies do not support the rights of
LGBT while 42
...
There is a very thin line between the two perceptions on the
existing laws and policies in the Philippines
...
Yet some of the respondents also think that the support of the government to the
LGBT is enough as long as they are not being violated or criticized due to their sexual
orientation
...


Legal instruments, jurisprudence, frameworks

A
...
Drafted by representatives with different legal and cultural
backgrounds from all regions of the world, the Declaration was proclaimed by the United
Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution
217 A) as a common standard of achievements for all peoples and all nations
...



DO 40, s
...
” Among the acts prohibited by the policy are all forms of bullying
and discrimination in schools, including on the basis of sexual orientation and gender
identity


RA 10627 “Anti-Bullying Law”

Instructs elementary and secondary schools to “adopt policies to address the existence
of bullying in their respective institutions
...


P a g e | 18

The policies should also identify how bullying will be punished, establish procedures for
reporting and redressing bullying, enable students to report bullying anonymously,
educate students, parents, and guardians about bullying and the school’s policies to
prevent and address it, and make a public record of statistics on bullying in the school
...
The
implementing rules and regulations for the law, however, explain that the term “bullying”
includes “gender-based bullying,” which “refers to any act that humiliates or excludes a
person on the basis of perceived or actual sexual orientation and gender identity (SOGI)
...
”


Republic Act 9710 otherwise known as Magna Carta of Women (MCW)

Section 3 provides that “All individuals are equal as human beings by virtue of the
inherent dignity of each human person
...
Jurisprudence


Foreign

1
...
Colin v
...
, 83 F
...
2d 1135
(C
...
Cal
...
Doe v
...
Flores vs
...
Argued and Submitted December 11, 2002
...

4
...
Virginia, 388 US 1, 87 S
...
1817, 18 L
...

5
...
Hodges No
...
Argued April 28, 2015—Decided June 26, 2015*
6
...
State of Oklahoma, 316 US 535, 62 S
...
1110, 86 L
...
1655

P a g e | 19



Philippines

1
...
519 (July 31, 1997)
2
...
Comelec
3
...
NLRC, 82 SCAD 747, 272 SCRA 596,
4
...
LANTION, G
...
No
...


January 18, 2000

Summary, recommendations and conclusions

A
...
Currently, some society is slowly
accepting their unique preference and acknowledging their needs not just socially but also
legally
...

However, Philippines have yet to address several issues with regards to the protection
and adherence of the LGBT’s basic human rights
...
The right to marry;
2
...

The vulnerability of the LGBT may result deprivation of basic human rights and even
infliction of criminal act upon them
...
However, the basic human rights principle should be
observed that all human beings have the right to be treated with dignity and respect”
...

B
...
While
it may be inferred that the stigma of same-sex marriage is apparent we cannot deny the
wisdom of the court in the case of Obergefell vs
...
ART III of the 1987 Constitution
ART III provides that
Section 1
...

To further strengthen the doctrine of

State Responsibility entails that the

responsibility of the States have a legal obligation both to make sure that their own laws
and policies do not discriminate against people based on sexual orientation and gender
identity, and that the legal framework offers adequate protection against such
discrimination practiced by individuals
...
All States, regardless of their history or regional specificities, must guarantee the
rights of all people
...
Therefore, the congress must look at the possibility of
allowing Same Sex Marriage
...
It
was noted that 8
...
The least percentage thinks that the

P a g e | 21

issue of discrimination in the Philippines has a very mild intensity while there are quite
large numbers of people who think that the discrimination of LGBT in the Philippines has
an intense impact in the society
...
However, it should still be addressed as
there is still a reasonable percentage that conveyed that discrimination against the LGBT is
prevalent in the Philippines
...

To further support the first question presented in Table 2, Table 3 seeks to answer
what forms of discrimination against LGBT are the respondents are aware of, the result
showed that

79
...
87 percent answered social

outlasting, 11
...
This high percentage in the area of
discrimination is quite alarming, as held in several studies that result of feeling unaccepted
may result to sudden attempt to commit suicide as discrimination may lead to depression
...

Lastly, Table seeks to answer whether or not government’s laws and policies support the
rights of LGBTs 57
...
85 percent answered that the government’s laws and policies
already support the rights of LGBTs
...
Congress must look into this matter as the high risk of criminal offense are
inflicted upon members of the community such as the case of Jennifer Laude 26-year-old
Filipina trans woman was killed by 19-year-old Private First Class Joseph Scott Pemberton,
who had been unaware that Laude was transgender and the recent condemnation of same
sex union categorizing the parties of the union as “anak ni satanas”
...
Conclusions
The degree and kind of a man's sexuality reach up into the ultimate pinnacle of his spirit
...
While the acknowledgement and
acceptance is notable, our laws and jurisprudence or even a sector of society in the
Philippines are indecisive in granting certain rights to the LGBT
...
While marriage
basically is coupled with the individual’s right to choose his partner, this inherent right is
restrained by our current laws
...
However, the pronouncement in the case of
Obergefell vs
...
Furthermore, the lack of safeguards in the union of same-sex would create
an issue with regard the property relations and the rights of the children brought upon by
the union
...
As Held in the case of Biraogo
vs
...
Perhaps, Congress is hesitant in
granting the right to the LGBT because of the fear of condemnation of society
...

Another issue this paper seeks to address is the issue on discrimination and
harassment of the third gender
...
Moreover what is quite alarming is that 57
...
With the data presented,
Congress should aid to put more force in the protection of the rights of the LGBT as the
result of the discrimination can lead to emotional, physical and even psychological abuse to
the person which could lead to suicide
...
Perhaps, our generation would witness another golden
age of change and empowerment, one of which were certain rights were granted to women
...
From the words of Mr
...




---