Establishing a right to sex reassignment: Abolishing a modern day discrimination

• Main Authors: De Guzman, Antonio Miguel R., Núñez, Ralph C.
• Format: text
• Language: English
• Published: Animo Repository 2013
• Subjects: Sexual minorities—Legal status, laws, etc. > Philippines; Gender transition—Law and legislation > Philippines; Civil Law; Civil Rights and Discrimination; Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/5440
• Institution: De La Salle University

A democratic country shall uphold equality among its citizens. The state at the same time should defend its people through the equal protection of the laws, as stated in the Philippine Constitution. In the case of Philippines, under the equal protection, each individual is dealt with as an equal person before the law, which does not treat the person differently because of who he is or what he is or what he possesses.Every person should be treated equally regardless of race or affiliation, but most specifically irrespective of sexual preference or gender orientation a person has. This study aims to show the dilemmas transgender people face in a society that does not treat them equally and in a country that does not recognize them in the eyes of law.Everyone should understand that gender is not always construed in one's sexual preference. The presence of such is manifested in the existence of transgender people. A person born as a boy will not necessarily grow up as a man, at the same time, a girl will not necessarily grow up us a woman. The apparent biological differences between men and women are defines as sex differences, the socially constructed differences between women and men are defined as gender. Transgender are people who are born in a specific biological sex but recognize themselves as a member of the opposite in terms of gender.Transgender people are the one of the most marginalized and neglected sectors in the Philippines in terms of human rights protection, promotion and acceptance. Up until the present, transgender Filipinos remain vulnerable to widespread discrimination based on their gender identity and gender expression. They continue to face barrier of legal recognition because the Philippines is one of the countries that accept those homosexuals in the society but the State is lacking of a law that would provide their rights.This paper aims to influence the State to enact a law that would stipulate explicitly the inadmissibility of discrimination on grounds of sexual orientation and gender identity. A specific law that would provide the right sex reassignment and that define the legal benefits of such persons. Through showing the circumstances that will clearly define and explain that the State needs such implementation, the study will analyze the legal benefits of transsexuals using approaches in other countries and application of Covenants that are generally accepted internationally.This study, as a result, clearly outlines the reasons needed for the Philippine legislative department to promulgate such law and to let the recommendations herein will serve as a reference in enactment. Said proposals, is completed and implemented, will create a society that is less prejudicial and less detrimental to the LGBT persons, especially to the transgender people.