EQUALITY IS COMING

the anti-discrimination bill

2.0
THE DANGER OF A SINGLE
STORY
The single story of the powerless exposes them to
harm.
STEREOTYP
ES
The problem with stereotypes is
not
that theyre untrue, but that they
are incomplete.


- Chimamanda
Adichie
STEREOTYP
ES
provide the perfect breeding
ground
for stigma and
discrimination.
WHY 2.0
The latest draft builds on
the version that was
approved by the Senate &
the House during the 15th
Congress, and on the
SOGI-specific ADB.
WHY GO 2.0?
First version of ADB was lite to 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.
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
Section 8: Duties of CHR
Section 9: Penalties
Section 10: Appro
Section 11: IRR
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; Sexual
Orientation; Stigma; and Vulnerable Communities.
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.
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
4. Denial of right to work:
use grounds or require their disclosure in selection,
promotion, or termination of workers, incl
determination 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.
SECTION 5: PROHIBITED ACTS

6. Denial of right to organize:
prohibit, prevent, revoke accreditation, registration,
or recognition of orgs; imposition of requirements
beyond customary
7. inflicting harm on well-being:
enforced psychological or
medical exam
8. Profiling:
subject a person to unjust,
unnecessary, unjustified, illegal, &
degrading investigation to
determine criminal activities
Section 5: Discriminatory Acts
9. abuse by state actors:
physical or verbal abuse, harassment, or extortion by
state actors, esp. police & military
10. detention and confinement:
detain or confine a person based on prohibited
grounds
11. other analogous cases:
generic prohibition of cases similar to the listed
instances, including refusal to act on discrimination
(Section 7)
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
Social Protection
Programs - government to
include vulnerable
communities in social
protection programs
Diversity Programs -
Establish internal non-
discrimination policies;
redress mechanisms;
preventive programs.
SEC 8:
DUTIES OF
CHR
Investigate 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.
SEC 9: PENALTIES
Discriminatory 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 harm
on well-being; profiling;
abuse of state actors;
detention & confinement
fine: P100,000 -
P250,000 and/or
imprisonment: 2-6 yrs
fine: P250,000 -
P500,000
and/or
imprisonment: 6-12 yrs
if juridical persons, officers
will 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.
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
It is not the Partial or
Sometimes Declaration
of Human Rights, but the
Universal Declaration of
Human Rights.
UN Secretary General Ban
Ki Moon