10. While welcoming the decision of the Supreme Court in the Ang Ladlad case and the statement of the delegation that it will take up a leadership role to promote lesbian, gay, bisexual, and transgender (LGBT) rights, the Committee is concerned that LGBT persons are subjected to arrest and prosecution by means of the “grave scandal” provision provided under article 200 of the Revised Penal Code. The Committee is also concerned that the comprehensive anti-discrimination bill that prohibits discrimination on grounds of sexual orientation and gender identity has not been passed into law.
Furthermore, the Committee is concerned at the prevalence of stereotypes and prejudices against LGBT persons in the military, police and the society at large (arts. 2 and 26).
The State party should ensure that LGBT persons are neither arrested nor prosecuted on the basis of their sexual orientation or gender identity including for violating the “grave scandal” provision under the Revised Penal Code.
The State party should adopt a comprehensive anti-discrimination law that prohibits discrimination on the basis of sexual orientation and gender identity and take steps, including awareness – raising campaigns, to put an end to the social stigmatization of and violence against homosexuals.
Link to full text of the report: Concluding Observations-CCPR-Philippines-2012-eng