Out of the closet, into the woods: A study on the sufficiency of the laws in the current Philippine legal system in protecting transgender rights

• Main Author: Laforteza, Erika Louise G.
• Format: text
• Language: English
• Published: Animo Repository 2023
• Subjects: Transgender people—Legal status, laws, etc.; Sexual minorities; Human rights; Human Rights Law; Law and Gender
• Online Access: https://animorepository.dlsu.edu.ph/etdm_law/28; https://animorepository.dlsu.edu.ph/context/etdm_law/article/1039/viewcontent/Out_of_the_Closet_Into_the_Woods__A_Study_on_the_Sufficiency_of.pdf
• Institution: De La Salle University

In recent years, content featuring transgender persons has steadily increased. It may come in the form of gossip or a reality show, or sometimes even a dramatic coming-of-age series. Even so, the number of transgender persons subjected to discrimination, violence, and abuse remains high. Notably, statistics have shown that being a transgender person has a significant effect on the type of crimes and abuse committed. This study focuses on what happens after such violations. If the transgender person files an action in court, will they have legal basis for the protection or redress they pray for? Using the human rights-based approach to answer this question, the researcher reviewed Philippine and international law. This review will scope the current Philippine legal landscape and help understand the gaps in the law better. Limited laws and jurisprudence exist on sexual orientation, gender identity, and expression. International law appears lacking, as there is no human rights treaty for LGBTQ+ rights. Repeatedly, the Supreme Court has emphasized that LGBTQ+ rights are a matter of public policy and that the Judiciary cannot legislate when there is no law. This study will provide points that bring to the fore points and gaps that may assist in the realization of transgender rights.