The Sangguniang Panlungsod of Dumaguete has passed an ordinance that protects the Lesbian Gay Bisexual Transgender and Queer (LGBTQ) community.
The ordinance, called the Sexual Orientation, Gender Identity and Expression (SOGIE) community in Dumaguete City, was authored by Councilor Rosel Margarette Erames with councilors Lei Marie Danielle Tolentino, Bernice Ann Elmaco, Edgar Lentorio Jr., Lilani Ramon, and Nelson Patrimonio as co-authors.
The legislation passed swiftly on third and final reading which has been hailed as a significant victory for members of the LGBTQ community and their advocates in Dumaguete.
The ordinance penalizes actual or perceived SOGIE-based discrimination in the workplace, school and other similar acts that undermine and harm the rights of members of LGBTQ.
The authors observed that members of the LGBTQ continue to experience stigma, violence, prejudice, and discrimination manifested through bullying, harassment, and portrayal of them in the media, or otherwise as untrustworthy, dangerous, predatory and frivolous.
Among the prohibited acts are discrimination from gaining employment, training, promotion, remuneration, unduly delaying, refusing or failing to accept a person’s application for admission as a student, expelling or any penalty on the basis of SOGIE.
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Teachers, administrators and fellow students can also be liable under this law for subjecting a student to harassment and intimidation, refusing to provide goods or service or imposing onerous terms and conditions as a prerequisite for such, denying access to health services and facilities, refusing or failing to allow LGBTQ to avail of services or accommodations;
Denying applications for licenses, clearances, certifications or other documents, vilifying, mocking, slandering or ridiculing LGBTQs through words, action and in writing, and executing any activity in public that incites hatred towards or serious contempt for, or severe ridicule of LGBTQ and other analogous acts.
First time violators will be required to attend a gender sensitivity training, second time offenders can be imprisoned for not less than 60 days but not more than 1 year and/or a fine of not less than P2,000 but not more than P5,000, or both, at the discretion of the court. This is without prejudice to any applicable criminal, civil or administrative action that may be instituted under the provision of existing laws, the ordinance stated.
SOGIE concerns may now be incorporated in the functions of existing barangay Violence Against Women and Children (VAWC) Desk that will document and report cases of discrimination against an LGBTQ member. VAWC desk officers may also assist the victims in filing appropriate complaints with law enforcement agencies. (PR)
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