MANILA (Mindanao Examiner / Sept. 4, 2012) – Maria Lourdes Sereno has barely warmed her new seat as the first woman Chief Justice of the Philippines when the Supreme Court introduced another first gender innovation in its history, according to Progay Philippines in a statement sent to the Mindanao Examiner.
On September 1, the Philippine Judicial Academy hosted its Focus Group Discussion on the LGBT Sector in what is surely the groundbreaking attempt of the judicial branch of government to address human rights concerns of the lesbian, gay, bisexual and transgender citizens of the country, in the wake of similar steps taken by the executive and legislative branches to address gaps in law, programs, and resources.
In partnership with the United States Department of Justice Criminal Division and its Office of the Overseas Prosecutorial Development, Assistance and Training, the PHILJA invited leaders of the LGBT community and the Congress to contribute inputs as basis for the training curriculum for judges with the aim of enhancing their understanding of LGBT issues.
Adolfo Azcuna, PHILJA’s Chancellor, said the activity was opportune for judges because they can have special leadership roles in defending the dignity and equality of LGBTs before the law.
In the lively exchange of legal opinions and numerous social research data facilitated by retired Supreme Court Administrator Zenaida Elepaño, the discussions between judges, court personnel and the LGBT leaders listed many action points for resolving past jurisprudence that affected the LGBT community.
Some sticky sore points brought up by transgender activists include the SC decision on Silverio vs. Republic of the Philippines that denied their right to change their gender in their birth records and passports.
Delilah Magtolis, academic affairs officer of PHILJA, said that the judges’ organization can try to instill gender sensitivity of judges all over the country to have better appreciation of sexual orientation and gender identity in future rulings.
Geraldine Faith Econg, the Supreme Court’s Judicial Reform Program Administrator, said that LGBTs can possibly benefit from more inclusive rulings on questions of the Family Code in order to accomodate same-sex couples who seek protection of their rights on joint properties and child custody.
Oscar Atadero, the human rights officer of the LGBT advocacy group ProGay Philippines, proposed that PHILJA and the Supreme Court expand the mainstreaming of the Yogyarkarta Principles, a compilation of provisions from international human rights covenant, as basis for LGBT-compliant rulings and jurisprudence.
Lawyer Claire Padilla, of the Engenderights legal advocates office, said that judges can start becoming fairer to lesbian mothers who sue for child custody by ruling on strictly legal basis and not making moral judgments against homosexuality.
The discussion produced sweeping resolutions for future PHILJA actions that include producing education modules on sexuality and gender and LGBT social issues. Incorporating concepts of sexual orientation and gender identity in trainings on subjects such as family courts, international law and commercial courts were suggested.
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