Comprehensive measure vs discrimination pushed

ACebuCitycouncilorhasproposed the comprehensive anti-discriminatory ordinance for people of diverse sexual orientation, gender identity, and gender expression in the city.

CouncilorJoelGarganerasponsored theproposedmeasurewhichwasreferred to the City Council’s Committee on Laws, Ordinances, and Styling, as well as the Committee on Women, LGBTQ, and Family Affairs for review.

“Peopleofdiversesexualorientation and gender identity and expression (SOGIE) are still frequent targets of physical and verbal assaults that effect economic, cultural, social, health wellbeing,” read the proposed ordinance.

“Promoting and upholding their rights will not only enhance their freedom, welfare and dignity as humans, but will also promote social justice as a whole and will contribute to the improvement of a human rights culture in the country,” it added.

This measure shall only cover cases relating to acts of discrimination based on sexual orientation and gender identity and/or expression.

Moreover, it does not seek to confer to the said individuals the right to enter into civil union unless otherwise subsequently permitted under the law.

Section 6 provides that it is prohibited to discriminate against any person and/or group of people on the basis of sexual orientations and gender identities/expressions.

It is unlawful for any person to deny access to private or public programs and services of any person, access to public programs (e.g., health programs), activities, and services on the basis of SOGIE;discriminatebasedoneducation; discriminatebasedonemployment;deny a person access to the use of private and public establishments, accommodations like the facilities, utilities, transportation, or services, among others.

The city shall endeavor to ensure that discrimination is prevented and effectively address through programs such as capacity building and education campaign; access to scholarships, skills, employmentandlivelihoodopportunities; access to specific health programs; and access to social welfare programs.

Section 8 states complainants shall lodge their complaint(s) of any violation with the Lupon Tagapamayapa (barangay chairman) as provided by R.A. 7160 otherwise known as the Local Government Code of 1991 and the Katarungang Pambarangay Law, provided both parties are residents or the same barangay, otherwise, the case shall be filed directly in court.

The key roles of Barangay ViolenceAgainst Women and Children (VAWC) Desk and Philippine National Police (PNP) Women’s and Children’s Desk in the implementation of the ordinance is vital.

“Any form of bigotry, stigma, and discrimination shall not be tolerated and shall be grounds for filing of complaint subject to the nature of the mental, psychosocial, and physical trauma a person is experiencing whether it may be in the form of hate speech, bashing, humiliation, bullying, shaming, that consequently would result to anxiety and depression as mental and psychosocial traumas,” read Section 8.

Once approved, a Diversity Affairs for Sexual Orientation and Gender Commission (DASOG) shall be created within one year from the effectivity of the ordinance.

In coordination with the AntiDiscrimination Commission, the DASOG shall be directly and primarily responsible for the implementation of the provisions of the ordinance.

Any person or entity who violates any provisions of the ordinance shall suffer the graduated penalties provided.

For first offense, the offender shall be penalized with a fine of P1,000, undergo a SOGIE seminar, conduct community services, or be imprisoned for three months, at the discretion of the court.

For second offense, the offender shall be penalized with a fine of P3,000, undergo a SOGIE seminar, conduct community services, or be imprisoned for six months at the discretion of the court.

For offenses committed a third time or often, the offender violating the ordinance shall be penalized with a fine of P5,000, undergo a SOGIE seminar, conduct community service, or be imprisoned for one year at the discretion of the court.

After 60 days from the passage of themeasure,theOfficeoftheMayorshall formulate the implementing rules and regulations of the ordinance. — Mary