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