The Commission on Human Rights (“Commission”) pursuant to its mandate to recommend to Congress effective measures to promote and protect human rights, submits this position paper on House Bill Nos. 1015 and 67821 entitled “An Act Recognizing the Civil Partnership of Couples, Providing for their Rights and Obligations” filed before the House of Representatives of the 19th Congress.
The proposed measure seeks to afford both same-sex and opposite-sex couples legal recognition as civil partners to be able to afford the same rights, protection, and privileges granted to legally married couples under existing laws or any other public policy, including property rights, adoption and child custody rights, inheritance rights, and dependency and legal beneficiary for social protection programs. Likewise, it penalizes infidelity while bound by civil partnership with a prison sentence similar to adultery as a crime.
The Commission issued a position paper on the same measure for the 1 rh Congress supporting its passage. At the outset, the Commission acknowledges the noble intent of the proposed measure to extend civil rights presently accorded only to opposite-sex couples (in the form of marriage) to same-sex couples by providing them the option to be legally recognized as civil partners. The Philippines, despite being considered one of the most “gay-friendly” countries in the Asia and Pacific region, 2 still lacks legislative measures which will advance the principle of equality and non-discrimination regardless of sexual orientation, gender identity, and expression (SOGIE).3 The proposed measure, which was first introduced in the 17th congress, is the first of its kind that seeks to afford same-sex couples with the same legal coverage provided for married couples.
The right to equality and freedom from discrimination based on sex or other status are enshrined in the Universal Declaration of Human Rights (UDHR),4 the International Covenant on Civil and Political Rights (ICCPR),5 and the International Covenant on Economic, Social, and Cultural Rights (ICESCR). 6 The Philippines, with a State poli