Intervention Measures Against Homophobia, Transphobia, and Hate Crimes (PDF)

**LESSON 3:** **INTERVENTION MEASURES AGAINST HOMOPHOBIA, TRANSPHOBIA, AND HATE CRIMES BASED ON SOGIE** **I. HOMOPHOBIA, TRANSPHOBIA, HATE CRIMES, AND THEIR IMPLICATIONS** In Module 3, you learned that **lesbians, gays, bisexuals, transgenders, and intersex people face high levels of discriminatio...

**LESSON 3:** **INTERVENTION MEASURES AGAINST HOMOPHOBIA, TRANSPHOBIA, AND HATE CRIMES BASED ON SOGIE** **I. HOMOPHOBIA, TRANSPHOBIA, HATE CRIMES, AND THEIR IMPLICATIONS** In Module 3, you learned that **lesbians, gays, bisexuals, transgenders, and intersex people face high levels of discrimination and violence worldwide due mainly to their deviation from the usual binary arrangement between male and female**. As a result of attitudes and beliefs that we pick up from parents, schools, communities, religious leaders, and social influencers, we tend to develop fear or dislike to these sexual orientations and gender identities that do not conform to what we are accustomed to, which makes them at high risk of experiencing social exclusion, discrimination, and worst of all, hate crimes. According to our previous discussions, these irrational fears are called: (Perry and Franey 2017) **As a result of these prejudices, various forms of hate crime or direct violence are experienced by the LGBT community and intersexual people worldwide**. In terms of direct violence, hate-motivated killings of LGBT individuals have been documented by the United Nations in all regions and they also continue to become victims of non-lethal violence on the grounds of their sexual orientation or gender identity. In the Syrian Arab Republic, for instance, there have been cases where security agents and non-state armed groups used rape and torture of gay men as a form of punishment since homosexuality is still considered as a mortal sin in their country (UN 2015). Moreover, "corrective measures" applied to women and girls, who are lesbians or thought to be lesbians, by forcing them to marry men or even involve them with sexual affairs with men, are also manifestations of hate crimes against the LGBT community. In the case of intersex children, they are prone to experiencing torture and ill-treatment when they are forced to undergo medical procedures, including "conversion" therapy, sterilization, gender reassignment, and other unnecessary medical interventions (Ibid.). **Violence can also be manifested in the discriminatory laws and practices that LGBT community and intersexual people face in their everyday lives**. In Module 3, you learned that discrimination is defined as an unjustified and an unequal treatment towards an individual or a certain group of people. Although we have continuously emphasized the value of government interventions in solving gender-based violence and discrimination, there are still laws, policies, and programs executed by state authorities that continue to demean individuals based on their sexual orientation or gender identity. Based on the report of the United Nations in 2015, here are the examples of laws that discriminate against the diversity of individuals: **2. Death Penalty** **3. "Anti-Propaganda" Laws** Aside from these laws, here are prevalent discriminatory practices that the LGBT Community and intersexuals continue to experience in various fields: +-----------------------------------+-----------------------------------+ | **FIELD(S)** | **MANIFESTATION(S)** | +===================================+===================================+ | Healthcare | - discriminatory policies of | | | the state deny transgenders' | | | access to appropriate | | | healthcare treatment | | | | | | - the practice of "conversion" | | | therapies in order to "cure" | | | homosexual conduct | | | | | | - forcing intersex children to | | | undergo unnecessary medical | | | surgery or sex assignment | | | operation to align with | | | binary sex stereotypes | +-----------------------------------+-----------------------------------+ | Education | - high levels of bullying and | | | abuse by school staff and | | | schoolmates | | | | | | - limiting or even altering | | | information related to | | | sexuality | | | | | | - using materials that contain | | | stereotypes and prejudices | | | against non-binary | | | arrangements | +-----------------------------------+-----------------------------------+ | Employment | - prejudices influence | | | employers in firing or | | | refusing to hire LGBT persons | | | | | | - denial of workplace benefits | | | available to heterosexual | | | employees | +-----------------------------------+-----------------------------------+ | Housing | - some public and private | | | landlords deny LGBT | | | individuals and same-sex | | | couples leases | | | | | | - neighbors resorting to | | | various forms of harassment | | | to force individuals to move | | | | | | - many LGBT-identifying | | | adolescents and young adults | | | being thrown out of their | | | homes by disapproving parents | +-----------------------------------+-----------------------------------+ | Membership to Organizations | - raiding of offices of LGBT | | | groups by police officers | | | | | | - not being allowed to hold | | | meetings, workshops, and | | | cultural events that manifest | | | political and artistic | | | expression | | | | | | - the annual "PRIDE" marches | | | being opportunities for state | | | and non-state actors to | | | commit violence and | | | harassment against LGBT | | | persons and their supporters | +-----------------------------------+-----------------------------------+ | Family and Community | - individuals being physically | | | assaulted, raped, excluded | | | from family homes | | | | | | - children being prevented from | | | going to school and are | | | required to undergo | | | "corrective" measures such as | | | forced heterosexual sexual | | | intercourse and early | | | marriage | +-----------------------------------+-----------------------------------+ Like what we have discussed in Lesson 1, the "intersectionalist" perspective must be used to understand and reflect on the different experiences of LGBT persons and intersexuals. The discrimination against these individuals is also magnified by other identity factors, such as sex, ethnicity, age, religion, and various socio-economic factors. **II. INTERVENTION MEASURES** In recent years, awareness about discrimination and violence that target LGBT persons and intersex people has spread in several platforms. International organizations, civil society groups, states and human rights institutions have already recognized the global reality of the rainbow community experiencing killings, torture, arbitrary detention, and widespread discrimination in access to healthcare, education, employment, and housing to name a few. Although some governments are taking necessary steps and creating positive developments, whether in the form of revisions in policy frameworks or review of social and education programs, it can be manifested in 2016 that little analysis has been done in the international level to evaluate existing concrete policies and look into remaining gaps and challenges. **Through a consolidation of policy initiatives from several countries in every region of the world, the United Nations has established an international human rights framework on living freely and equally, highlighting policy trends and positive developments in 65 countries.** In the previous discussion, you learned that discriminatory laws and practices continue to demean individuals based on their sexual orientation or gender identity. Since you have already learned the value of government intervention in solving gender-based violence and discrimination, **it is primarily important to survey the laws and policies that we are still following and enforced by state actors.** As we move forward in creating a society where everyone is enjoying the bare minimum of human rights, the elimination of laws that discriminate against LGBT persons can be done by following these measures: (United Nations 2016) In terms of fighting discriminatory practices, UN has also identified measures to undertake from the consolidated positive developments in several countries: +-----------------------------------+-----------------------------------+ | **FIELD(S)** | **RECOMMENDED PROGRAM(S)** | +===================================+===================================+ | Healthcare | - Within healthcare, states | | | should: | | | | | | \(1) ban discrimination and | | | combat stigma against LGBT and | | | intersex patients by providing | | | relevant training and guidance | | | to care professionals | | | | | | \(2) ensure that the specific | | | health needs of LGBT and | | | intersex people are addressed | | | by mainly not treating them as | | | diseased and in need of curing | | | | | | - In South Africa, the | | | improvement of health | | | services without | | | discrimination on the basis | | | of sexual orientation and | | | gender identity is an | | | important part of the | | | national strategy on | | | adolescent sexual and | | | reproductive health rights. | | | | | | - In Malta, there is a | | | legislation adopted for | | | anyone seeking counselling, | | | support or medical | | | interventions relating to | | | their sex or gender. The | | | legislation also places | | | emphasis on informed consent. | +-----------------------------------+-----------------------------------+ | Education | - In terms of education, states | | | should: | | | | | | \(1) ban discrimination against | | | LGBT and intersex students | | | | | | \(2) put in place effective | | | anti-bullying policies and | | | programs | | | | | | \(3) include information about | | | LGBT and intersex people in | | | school and teaching curricula | | | | | | - In Taiwan, the adoption of | | | legislation concerning gender | | | identity and sexual | | | orientation has pressured | | | educational institutions to | | | tackle gender stereotypes in | | | school curricula and prohibit | | | any form of discrimination in | | | the education sector. | | | | | | - In the United States, the | | | Department of Education has | | | issued guidelines to schools | | | on how to respect the gender | | | identity of transgender | | | students by using their | | | self-identified genders, | | | names, and pronouns, and | | | allowing them access to | | | restrooms and other | | | sex-segregated activities and | | | facilities consistent with | | | their self-identified | | | genders. | +-----------------------------------+-----------------------------------+ | Employment | - Within employment, states | | | should: | | | | | | \(1) provide guidance to | | | employers on how they can | | | tackle discrimination against | | | LGBT and intersex people | | | | | | \(2) support marginalized LGBT | | | and intersex people to access | | | the labor market | | | | | | \(3) raise awareness, including | | | through public information | | | campaigns | | | | | | - In Uruguay, marginalized | | | trans people have been | | | prioritized in job vacancies | | | at the Ministry of Social | | | Development and within the | | | "Uruguay Trabaja" programs. | +-----------------------------------+-----------------------------------+ | Membership to Organizations | - In upholding freedoms of | | | expression, association and | | | peaceful assembly of LGBT and | | | intersex people, states | | | should: | | | | | | \(1) safeguard human rights | | | defenders | | | | | | \(2) lift restrictions on pride | | | marches and other peaceful | | | gatherings, and protect | | | participants from violent | | | attacks | | | | | | \(3) repeal "anti-propaganda" | | | laws and laws against | | | cross-dressing | | | | | | \(4) remove restrictions to | | | registration and work of civil | | | society organizations | | | | | | - In the Republic of Moldova | | | and in Croatia, public | | | officials participated in a | | | Pride March which required | | | police protection as a result | | | of violent attacks. In a | | | sense, the participation of | | | public officials in marches | | | and assemblies in favor of | | | the protection of the rights | | | of LGBT and intersex persons | | | can create more impact in | | | positively changing public | | | attitudes. | +-----------------------------------+-----------------------------------+ | Family and Community | - provide legal recognition to | | | same-sex couples and their | | | children and ensure that they | | | are not discriminated with | | | regards to benefits, | | | pensions, taxation, and | | | inheritance | | | | | | - there should be no | | | restrictions on parenting or | | | adoption on the basis of a | | | person's gender identity or | | | expression | | | | | | - 22 countries have already | | | adopted measures providing | | | for civil union/marriage | | | between same-sex couples on | | | an equal basis as different | | | sex couples which is a | | | constitutional promotion of | | | equality, non-discrimination, | | | and human dignity. | | | | | | - In Belgium, the enactment of | | | a legislation has allowed | | | automatic recognition of | | | parenthood for a same-sex | | | partner in relation to the | | | biological child of their | | | partner without going through | | | adoption proceedings. | +-----------------------------------+-----------------------------------+ Although there is a growing number of states in all regions that are taking necessary steps to implement their obligations and responsibilities under international human rights law, it can be manifested that **challenges and gaps are still apparent in some areas with the slow pace of legal reforms in relation to reviewing discriminatory laws and the continuous ill and unequal practices done to LGBT persons and intersex people**. In the case of the Philippines, there has been a two-decade long struggle to penalize discrimination on the basis of sexual orientation and gender identity or expression (SOGIE), with the filing of the anti-discrimination bill during the 11^th^ Congress (July 1998-June 2001) and during the 13^th^ Congress in 2006, but only reached third and second reading at the House of Congress respectively (Vergara 2019). In its latest version, **Senate Bill No. 689** entitled **"Anti-Discrimination on the Basis of Sexual Orientation, Gender Identity and Expression"** in 2016 has already entered the Senate's plenary but failed to get the approval of the majority of the senators due to their confusion with terminologies, religious reservations, and the possibility of using such law for the practice of voyeurism (Abad 2019). With the experience of transgenders being discriminated in using their preferred bathrooms and other members of the rainbow community who are continuously criticized by their employers for their gender expression, many Filipino activists claimed that the fight for the institutionalization of laws that will protect the LGBTQ+ community is far from over. By framing our actions based on what you learned in this lesson, the hope for a Philippines, where everyone is respected and accepted regardless of what is between their legs or what they identify themselves, continues to remain attainable. Consequently, it is mandated by the UN that these gaps and challenges in combating violence and discrimination against LGBT and intersex person must be approached under international human rights law that you learned to be a result of the consolidated good practices of several progressive states.