Law Summary
Scope and Application
- Applies to all persons, natural or juridical, within Quezon City including public and private sectors.
- Covers various spheres: employment, education, accommodation, goods and services delivery, and other public interactions.
Key Definitions
- LGBT: Inclusive term referring to diverse sexual orientations and gender identities.
- Discrimination: Any unfavorable distinction or exclusion on account of SOGIE impairing human rights.
- Sexual Orientation: Emotional and sexual attraction to persons of same, opposite, or multiple genders.
- Gender Identity: Internal sense of one’s gender, which may differ from sex assigned at birth.
- Gender Expression: External manifestation of gender through appearance and behavior.
- Other critical terms include education, employment, accommodation, goods and services, vilification, and public ridicule.
Prohibited Acts of Discrimination
- Employment: Denial or limitation of employment rights, harassment, exclusion from labor unions, and dismissal based on actual or perceived SOGIE.
- Education: Denying admission, penalizing students, harassment, and unequal treatment in academic and extracurricular activities.
- Goods and services: Refusal or imposition of onerous terms for provision of goods or services.
- Accommodation: Denial of housing or refusal of permits/licenses based on SOGIE.
- Vilification and public ridicule: Slanderous and abusive public acts inciting hatred or contempt based on SOGIE.
- Harassment, unjust detention, involuntary confinement, disallowing entry, and refusal to serve persons based on SOGIE.
- Promotion of discrimination: Organizing groups or activities that incite discrimination based on SOGIE.
- Other analogous acts that impair human rights and dignity are prohibited.
Affirmative Acts
- Employment: Compliance with wage laws and benefits, encouraged annual gender sensitivity training including SOGIE modules, posting of the ordinance, and designation of all-gender restrooms.
- Education: Equal access to opportunities, availability of anti-discrimination resource materials, and elimination of gender stereotyping.
- Delivery of Goods and Services: Ensuring nondiscriminatory access.
- Accommodation: Provision of gender-sensitive health care, capacity building for health providers, establishment of LGBT desks in hospitals, and inclusive reproductive health programs.
Institutional Mechanisms
- Quezon City Pride Council (QCPC) composition includes city officials, NGO representatives, and heads of relevant departments.
- QCPC tasked with oversight of ordinance implementation, monitoring complaints, assisting victims, case documentation, recommending policies, and reviewing discriminatory policies.
- Incorporation of SOGIE concerns into existing Violence Against Women and Children (VAWC) desks in police stations and barangays for victim assistance and reporting.
Penalties and Accountability
- Criminal liability for individuals and juridical persons committing discrimination; corporate heads held responsible.
- Penalties include imprisonment from 60 days to one year, fines from Php 1,000 to Php 5,000, or both.
- Victims may pursue separate civil actions for damages.
Funding and Programs
- Funding sourced from 5% of the City’s annual Gender and Development budget.
- Programs include discrimination databank and monitoring, legal representation access, psychological counseling, anti-discrimination campaigns, policy review, and LGBT community organization at the barangay level.
Commemorative Activities
- Annual recognition of International Day against Homophobia and Transphobia, Philippine Pride March, World AIDS Day, and Human Rights Day.
Implementing Rules and Regulations
- Within 60 days of effectivity, QCPC to formulate rules and regulations after stakeholder consultations including civil society and LGBT organizations.
Legal Provisions
- Separability clause ensures remaining provisions survive if any part is invalidated.
- Repealing clause voids inconsistent laws or regulations.
- Ordinance takes effect 10 days after publication and posting as required.
This comprehensive ordinance promotes non-discrimination, equality, and protection of LGBT rights in Quezon City through clear definitions, prohibited acts, affirmative measures, institutional support, penalties, and public awareness initiatives.