C. Principal subjects of concern and recommendations

Non-discrimination

19. The Committee is concerned at the delay in adopting a comprehensive anti-discrimination law, as proposed in Senate bill No. 2475, which has been awaiting adoption since 2014. It is also concerned at the discriminatory provisions in the existing laws, including section 29 (a) of the Immigration Act and sections 269 and 272 (b) of the Labour Code, as well as at the discriminatory application of law, such as article 200 of the Revised Penal Code, against lesbian, gay, bisexual, transgender and intersex persons (art. 2 (2)).

20. The Committee recommends that the State party review its legislation with a view to removing all discriminatory provisions and take the measures necessary to ensure that laws are not applied in a discriminatory manner. It urges the State party, in line with the Committee’s general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, to expedite the adoption of a comprehensive anti-discrimination law prohibiting all direct, indirect and multiple forms of discrimination on any grounds and providing for effective remedies for victims of discrimination, including within judicial and administrative proceedings.

Link to full text of the report: Concluding Observations-CESCR-Philippines-2016-eng