Date of Publication

5-14-2023

Document Type

Master's Thesis

Degree Name

Juris Doctor

Subject Categories

Human Rights Law | Law and Gender

College

College of Law

Department/Unit

Law

Thesis Advisor

Abdel Jamal Disangcopan

Defense Panel Chair

Maria Carolina Legarda

Defense Panel Member

Ricardo Sunga III
Marianne Vitug

Abstract/Summary

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.

Abstract Format

html

Language

English

Format

Electronic

Physical Description

102 leaves

Keywords

Transgender people—Legal status, laws, etc.; Sexual minorities; Human rights

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Embargo Period

5-16-2023

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