1. Some observations on the Senate versions of
Comprehensive Anti-Discrimination Bills
Liza B. Martinez, Ph.D.
Persons with Disabilities sector

2. 16th Congress Anti-Discrimination Bills
30 bills on discrimination based on age (elderly, children), gender, SOGIE, race, religion
on abuse, employment, family relations, profiling

3. Compre Anti-Discrimination Bills
SB 2475 Sen. Sonny Angara
age, ethnicity, religion, political, class, SOGIE, marital relations, disability, HIV, health, language, physical features, etc.
SB 2358 Sen. Grace Poe
ethnicity, religion, SOGIE, language, disability, educational attainment, etc.
SB 2122 Sen Bam Aquino
ethnicity, religion, political, SOGIE, civil status, HIV & other medical status, etc.

4. Social Protection; Diversity
(Angara)
(Poe)
(Aquino)
Discrimination
Stigma; CPR, educ; work; goods/services; org; health; profiling, detention; hatred; expression etc.
Stigma; CPR, educ; work; goods/services; organize; health; profiling, detention etc.
Stigma; CPR, educ; work; goods/services; organize; profiling, detention etc.
Programs
Social Protection; Diversity
Lead
CHR
FIne
[provisional P20k/day]
k; k (educ, work, health, profiling, State abuses, detention & others)
k; k (educ, work, health, profiling, State abuses, detention & others)
Prison
1-6 yrs
2 yrs; 12 yrs

5. Comments common to all versions
Def/language of discrimination: ex., Denial of Reasonable Accommodation, accessibility (CRPD); Torture (CAT) => include all UN treaty commitments
Existing laws, language: ridicule, vilification (RA 9442)
Lacks key phrase: Prior Full Free and Informed Consent
Exceptions: bona fide occupational qualifications (SB2122); just causes under Labor Code

6. Comments common to all versions
Capacity of CHR to be lead (Charter limitations)
No oversight agency for Social Protection; “vulnerable communities”?
Include NCDA, mass media / info agencies for diversity prig
post CHR investigation, prosecution by? (no mention of DOJ, Judiciary)

7. Contrasts Scope: SB2122: does not specify disability
Definition: SB2122, SB2358: none for disability; SB2475: non-CRPD compliant (functional)
Def/language of discrimination SB 2122, SB 2475: “purpose or effect … rights”; SB2358: none

8. unique to SB 2475: Linguistic discrimination (BUT does not mention signed languages)
SB 2358: No exceptions to discrimination; SB 2122: bona fide occupational qualifications; just causes under Labor Code; SB 2475 “objective justification for indirect discrimination”; “genuine occupational qualifications”, “inherent requirements”

9. Other discriminatory acts
Equal recognition before the law (legal capacity)
Equality in situations of risk and humanitarian emergencies
Equality in use / access to technology (ex. assistive devices; software, etc.)
Liberty of movement
Denial of access to justice
Denial of participation in leisure, recreation, sports

10. Other concerns
Are any penalties of existing laws greater than what are proposed?
Are there any conflicts with the current formulation of the Philippine Criminal Code?
How about discriminatory legislation / policy? [create body to review?]; further conflicts between domestic law and international commitments..?
State responsibility on gathering disaggregated data on discrimination?

11. RECOMMENDATIONS
Comprehensive Anti-Discrimination legislation requires:
comprehensive consultation
fully inclusive participation of all vulnerable stakeholders
Craft bill as enabling law of international laws / commitments to ensure compliance with standards

12. Philippine Coalition on the U.N. Convention
Liza B. Martinez, Ph.D.
Philippine Coalition on the U.N. Convention
on the Rights of Persons with Disabilities