This chapter presents a review of related literature and studies conducted by the researchers to understand the research topic. It synthesizes theoretical frameworks and defines key terms. The document discusses local literature promoting SOGIE equality and prohibiting discrimination based on sexual orientation and gender identity in various areas like employment, education, health services, and law enforcement. It defines terms like discrimination, gender expression, gender identity, profiling, sexual orientation, and stigma.
This chapter presents a review of related literature and studies conducted by the researchers to understand the research topic. It synthesizes theoretical frameworks and defines key terms. The document discusses local literature promoting SOGIE equality and prohibiting discrimination based on sexual orientation and gender identity in various areas like employment, education, health services, and law enforcement. It defines terms like discrimination, gender expression, gender identity, profiling, sexual orientation, and stigma.
This chapter presents a review of related literature and studies conducted by the researchers to understand the research topic. It synthesizes theoretical frameworks and defines key terms. The document discusses local literature promoting SOGIE equality and prohibiting discrimination based on sexual orientation and gender identity in various areas like employment, education, health services, and law enforcement. It defines terms like discrimination, gender expression, gender identity, profiling, sexual orientation, and stigma.
This chapter presents a review of related literature and studies conducted by the researchers to understand the research topic. It synthesizes theoretical frameworks and defines key terms. The document discusses local literature promoting SOGIE equality and prohibiting discrimination based on sexual orientation and gender identity in various areas like employment, education, health services, and law enforcement. It defines terms like discrimination, gender expression, gender identity, profiling, sexual orientation, and stigma.
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Chapter 2
Review of Related Literature and Studies
This chapter presents the related literature and studies after the thorough and in- depth search done by the researchers. This will also present the synthesis of the art, theoretical and conceptual framework to fully understand the research to be done and lastly the definition of terms for better comprehension of the study.
Local Related Literature
The State recognizes the fundamental right of every person, regardless of sex, age, class, status, ethnicity, color, disability, religious and political beliefs, sexual orientation or gender identity, to be free from any form of discrimination. It shall therefore intensify its efforts to fulfill its duties under international and domestic laws to respect, protect and fulfill the rights and dignity of every individual.
The promotion of SOGIE bill through media, educational textbooks, and other medium. Inciting violence and sexual abuse against the members of the LGBTQ society. The disclosure of sexual orientation, in the criteria for hiring, promotion, transfer, designation, work assignment, re-assignment, dismissal of workers, and other human resource movement and action, performance review and in the determination of employee compensation, career development opportunities, training, and other learning and development interventions, incentives, privileges, benefits or allowances, and other terms and conditions for employment.
Refuse admission or expel a person from any educational or training institution on
the basis of SOGIE: Provided, however. That the right of educational and training institutions to determine the academic qualifications of their students. Deny a person access to public or private medical and other health services open to the general public, as well as access to public and private health insurance.
Subject or force any person to undertake any medical or psychological
examination to determine or alter the person's SOGIE without the expressed approval of the person involved, except in cases where the person involved is a minor and below the age of discernment in which case prior approval of the appropriate Family Court shall be required.
Subject any person, natural or juridical, to profiling, detention, or verbal or physical
harassment on the basis of SOGIE. Profiling, detention, or verbal or physical harassment on the basis of SOGIE by members of law enforcement agencies, including the military, police, immigration, is likewise prohibited. Physical or verbal harassment based on SOGIE of persons in custody or detention of the police, including subjecting them to extortion. Subject a person to any other analogous acts that shall have the effect or purpose of impairing or nullifying the enjoyment, recognition, and exercise of a person's human rights and fundamental freedoms.
Definition of terms
a. Discrimination - refers to any distinction, exclusion, restriction, or preference based on
the grounds of sex, sexual orientation, gender identity or expression, hereinafter referred to as “SOGIE”, and has the purpose or effect of nullifying or impairing the recognition, access to, enjoyment, or exercise by all persons on an equal footing of all rights and freedoms. For purposes of this provision, the actual sex, sexual orientation or gender identity of the person subjected to discrimination shall not be relevant for the purpose of determining whether an act of discrimination has been committed.
b. Gender Expression - refers to the outward manifestations of the cultural traits that enable a person to identify as male or female according to patterns that, at a particular moment in history, a given society defines as gender appropriate.
c. Gender Identity - refers to the personal sense of identity as characterized, among
others, by manner of clothing, inclinations, and behavior in relation to masculine or feminine conventions. A person may have a male or female identity with the physiological characteristics of the opposite sex.
d. Profiling - refers to subjecting a person or group of persons to investigatory activities,
which include unnecessary, unjustified, illegal, and degrading searches, or other investigatory activities, in determining whether an individual is engaged in an activity presumed to be unlawful, immoral or socially unacceptable.
e. Sexual Orientation - refers to the direction of emotional sexual attraction or conduct.
This can be towards people of the same sex (homosexual orientation) or towards people of both sexes (bisexual orientation) or towards people of the opposite sex (heterosexual orientation).
f. Stigma - refers to the dynamic devaluation and dehumanization of an individual in the
eyes of others which may be based on attributes that are arbitrarily defined by others as discreditable or unworthy and which result in discrimination when acted upon.
