Anti Discrimination Bill

8/11/2019 Anti Discrimination Bill

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EQUALITY IS COMING

the anti-discrimination bill

2.0


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THE DANGER OF A SINGLE

STORY

The single story of thepowerless

exposes them toharm.


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STEREOTYP

ESThe problem with stereotypes is

not

that theyre untrue, but that they

are incomplete.- ChimamandaAdichie


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STEREOTYP

ESprovide the perfect breedinggroundfor stigma anddiscrimination.


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WHY 2.0The latest draft builds on

the version that was

approved by the Senate &

the House during the 15th

Congress, and on theSOGI-specific ADB.


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WHY GO 2.0?First version of ADB was liteto ensure swift

passage.

It almost passed, but got blocked several times.

There is political support for comprehensive anti-

discrimination legislation.

Even SOGI-based discrimination has many layers.


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STRUCTURE

Section 2: Declaration of policies

Section 3: Definition of terms

Section 4: Prohibited grounds for discrimination

Section 5: Discriminatory Acts

Section 6: Persons liable

Section 7: Anti-discrimination programs


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SECTION 2 & 3

Declaration of policy constitutional guarantees ensuring

equal rights for all Filipinos.

Terms defined include: Disability; Discrimination;

Education and Training; Ethnic Origin; Employment;

Gender Identity; Gender Expressions; HIV status;

Indigenous Peoples; Profiling; Religious Beliefs; SexualOrientation; Stigma; and Vulnerable Communities.


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Section 4: Prohibited grounds

Discrimination based on the actual or perceived

ethnicity, race, religion or belief, sex, gender,

sexual orientation, gender identity, gender

expressions, civil status, HIV status, disability, or

other status.

Discrimination based directly on indirectly on the

above grounds.


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SECTION 5: PROHIBITED ACTS

2. Denial of civil, political and cultural rights:

non-enjoyment of recognized civil, political, & cultural

rights.3. Denial of right to education: refuse admission or

expulsion, w/o prejudice on the right to determine

academic qualifications; impose disciplinary actions,

harsher penalties, similar penalties; and inflict stigma.This includes acts of discrimination that target parents

& legal guardians

1. Inflicting stigma:promotion of stigma based on the identified grounds


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4. Denial of right to work:

use grounds or require their disclosure in selection,

promotion, or termination of workers, incldetermination of compensation, benefits, etc.; refusal

to enter into contract or agreement with groups due to

the grounds in Section 4. This prohibits discrimination

in military, police, and public service, as well as

discrimination in the issuance of licenses.

SECTION 5: DISCRIMINATORY ACTS

5. Denial of access to goods & services:

denial of goods & services that are otherwise available to

the general public; denial of entry to or eviction from

establishments, facilities, or utilities available to general

public; cause undue or unjust deferral of services or

provision of inferior services; & promote stigma.

Prohibition applies to discrimination against groups or

organizations.


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SECTION 5: PROHIBITED ACTS

6. Denial of right to organize:

prohibit, prevent, revoke accreditation, registration,

or recognition of orgs; imposition of requirementsbeyond customary

7. inflicting harm on well-being:

enforced psychological or

medical exam

8. Profiling:

subject a person to unjust,

unnecessary, unjustified, illegal, &

degrading investigation todetermine criminal activities


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Section 5: Discriminatory Acts

9. abuse by state actors:

physical or verbal abuse, harassment, or extortion bystate actors, esp. police & military

10. detention and confinement:

detain or confine a person based on prohibited

grounds11. other analogous cases:

generic prohibition of cases similar to the listed

instances, including refusal to act on discrimination

(Section 7)


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SEC 6: PERSONS LIABLE

1. Those who commit discriminatory acts, or their reps;

2. Those who requests, instructs, induces,

encourages, authorizes, tolerates, or assists others

to commit acts

PROGRAMS


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PROGRAMSSocial Protection

Programs- government to

include vulnerablecommunities in social

protection programs

Diversity Programs-

Establish internal non-

discrimination policies;

redress mechanisms;

preventiveprograms.

:


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:DUTIES OF

CHRInvestigate and prosecute

motu propio or on complaint

cases of discrimination, and

initiate legal action.

Take appropriate actions if

theres omission of duties:

revoke license, suspend,demote, fine, censure, etc.


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SEC 9: PENALTIESDiscriminatory Acts: inflicting

stigma; denial of civil, political &

cultural rights; denial access to

goods & services; denial of right

to organise.Discriminatory Acts: denial of

right to education; denial of

right to work; inflicting harmon well-being; profiling;

abuse of state actors;

detention & confinement

fine: P100,000 -

P250,000 and/orimprisonment: 2-6 yrs

fine: P250,000 -

P500,000and/or

imprisonment: 6-12 yrs

if juridical persons, officerswill be liable; if alien or

foreigner, service of sentence

& deportation

Civil liability for those found

guilty; Admin remedies do not

bar action in regular courts.


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OTHER PROVISIONS

SECTION 10: APPRO -Generic formulation,

included in the budget of

the implementing agencies

SECTION 11: IRR- to be

formulated by CHR,

DSWD, CSC, DOLE,

DILG, AFP, DepEd, CHED,

TESDA


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It is not the PartialorSometimesDeclaration

of Human Rights, but the

UniversalDeclaration of

Human Rights.

UN Secretary General Ban

Ki Moon

Documents

Anti Discrimination Bill