Simplified Question: Are there penalties for individuals who violate someone's preferred names or pronouns in the Philippines?
In the Philippines, respecting an individual's preferred names or pronouns is increasingly recognized as part of upholding human dignity and anti-discrimination principles. However, the legal landscape regarding specific penalties for such violations is still developing. This article outlines the current legal context and possible consequences of not adhering to preferred names or pronouns.
Legal Framework
Philippine Constitution: The 1987 Constitution guarantees equal protection under the law and prohibits discrimination. While it does not specifically mention preferred names or pronouns, these principles support the protection of individuals' rights to be treated with dignity and respect.
Anti-Bullying Act of 2013 (RA 10627): This law mandates schools to adopt policies to address bullying, which includes any severe or repeated use of verbal, written, or electronic expression that causes harm or substantial emotional distress. Misgendering or refusal to use preferred names or pronouns could be considered a form of bullying in educational institutions.
Anti-Discrimination Bills: Several bills have been proposed in Congress aimed at prohibiting discrimination based on sexual orientation, gender identity, and expression (SOGIE). While these bills have not yet been enacted into law, they indicate a growing recognition of the need to protect the rights of LGBTQ+ individuals.
Local Ordinances
Some local government units (LGUs) have enacted anti-discrimination ordinances that specifically address SOGIE issues. These ordinances may include penalties for not respecting an individual's preferred names or pronouns:
Quezon City Gender-Fair Ordinance: This ordinance prohibits discrimination based on SOGIE and includes provisions for penalizing individuals and establishments that violate these rights.
Cebu City Anti-Discrimination Ordinance: Similar to Quezon City's ordinance, it protects individuals from discrimination based on SOGIE and sets penalties for violations.
Possible Consequences
Administrative Penalties: Violations of local ordinances can result in administrative penalties such as fines or community service. Employers, educational institutions, and service providers may also face sanctions if found guilty of discrimination.
Civil Liabilities: Individuals who feel they have been discriminated against or harassed due to misgendering or refusal to use preferred pronouns can file civil suits for damages. This can include claims for emotional distress and reputational harm.
Workplace Policies: Many organizations, especially multinational companies and progressive local businesses, have adopted policies that mandate respect for employees' preferred names and pronouns. Violating these policies can lead to disciplinary actions, including termination.
Defensive Measures and Awareness
Education and Training: Promoting awareness and understanding of SOGIE issues through education and training programs can prevent violations. This is particularly important in workplaces, schools, and public institutions.
Clear Policies: Establishments should implement clear policies that respect individuals' preferred names and pronouns. This should include procedures for addressing violations and providing support to affected individuals.
Legal Recourse: Individuals who experience discrimination can seek assistance from organizations such as the Commission on Human Rights (CHR) or local LGBTQ+ advocacy groups to explore legal options and support.
Conclusion
In the Philippines, while there is no specific national law that penalizes the violation of preferred names or pronouns, various legal principles, local ordinances, and institutional policies provide mechanisms to address such issues. Respecting individuals' preferences in names and pronouns is part of upholding their dignity and rights. Awareness, education, and adherence to anti-discrimination measures are crucial in fostering a more inclusive society.