Posts Tagged ‘non-discrimination’

UN Gen. Assembly Statement Affirms Rights for all

Sunday, December 21st, 2008

 

United Nations

UN Gen. Assembly Statement Affirms Rights for all
First ever statement on sexual orientation and gender identity at the UN General Assembly
19/12/2008

The statement read by Argentina and the counterstatement read by the Syrian Arab Republic that immediately followed can be seen respectively at 2:25:00 and at 2:32:00 in the video archived on the UN website and marked as “18 December 08 General Assembly: 70th and 71st plenary meeting – Morning session”.

We have the honour to make this statement on human rights, sexual orientation and gender identity on behalf of Albania, Andorra, Argentina, Armenia, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Cape Verde, Central African Republic, Chile, Colombia, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Ecuador, Estonia, Finland, France, Gabon, Georgia, Germany, Greece, Guinea-Bissau, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mauritius, Mexico, Montenegro, Nepal, Netherlands, New Zealand, Nicaragua, Norway, Paraguay, Poland, Portugal, Romania, San Marino, Sao Tome and Principe, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Timor-Leste, United Kingdom, Uruguay, and Venezuela.

1 – We reaffirm the principle of universality of human rights, as enshrined in the Universal Declaration of Human Rights whose 60th anniversary is celebrated this year, Article 1 of which proclaims that “all human beings are born free and equal in dignity and rights”;

2 – We reaffirm that everyone is entitled to the enjoyment of human rights without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, as set out in Article 2 of the Universal Declaration of Human Rights and Article 2 of the International Covenants on Civil and Political, Economic, Social and Cultural Rights, as well as in article 26 of the International Covenant on Civil and Political Rights;

3 – We reaffirm the principle of non-discrimination which requires that human rights apply equally to every human being regardless of sexual orientation or gender identity;

4 – We are deeply concerned by violations of human rights and fundamental freedoms based on sexual orientation or gender identity;

5 – We are also disturbed that violence, harassment, discrimination, exclusion, stigmatisation and prejudice are directed against persons in all countries in the world because of sexual orientation or gender identity, and that these practices undermine the integrity and dignity of those subjected to these abuses;

6 – We condemn the human rights violations based on sexual orientation or gender identity wherever they occur, in particular the use of the death penalty on this ground, extrajudicial, summary or arbitrary executions, the practice of torture and other cruel, inhuman and degrading treatment or punishment, arbitrary arrest or detention and deprivation of economic, social and cultural rights, including the right to health;

7 – We recall the statement in 2006 before the Human Rights Council by fifty four countries requesting the President of the Council to provide an opportunity, at an appropriate future session of the Council, for discussing these violations;

8 – We commend the attention paid to these issues by special procedures of the Human Rights Council and treaty bodies and encourage them to continue to integrate consideration of human rights violations based on sexual orientation or gender identity within their relevant mandates;

9 – We welcome the adoption of Resolution AG/RES. 2435 (XXXVIII-O/08) on “Human Rights, Sexual Orientation, and Gender Identity” by the General Assembly of the Organization of American States during its 38th session in 3 June 2008;

10 – We call upon all States and relevant international human rights mechanisms to commit to promote and protect human rights of all persons, regardless of sexual orientation and gender identity;

11 – We urge States to take all the necessary measures, in particular legislative or administrative, to ensure that sexual orientation or gender identity may under no circumstances be the basis for criminal penalties, in particular executions, arrests or detention.

12 – We urge States to ensure that human rights violations based on sexual orientation or gender identity are investigated and perpetrators held accountable and brought to justice;

13 – We urge States to ensure adequate protection of human rights defenders, and remove obstacles which prevent them from carrying out their work on issues of human rights and sexual orientation and gender identity.

World

Absence of Care in a Caring Institution: An Open Letter of a Filipina Transsexual Student

Monday, August 11th, 2008

Please pass.

Below is the open letter of Ms Rio Moreno, a Filipino woman of transsexual experience, a nursing student, who, along with her family, has chosen to stand up and make this issue be known by those who are concern about the psychological well being of transgender people. A pdf version of the letter is also available upon request.

Thank you.

x———————————————————–x

Absence of care in a caring institution

AN OPEN LETTER OF A FILIPINA TRANSSEXUAL STUDENT

 

 

 

November 2006

Having passed the entrance exam for transferees and submitting all requirements, including Birth Certificate, Transcript of Records from QCMC, I was eligible to enroll as an irregular Nursing Student at the Emilio Aguinaldo Colleges.

As a bona-fide student, I secured my school ID card with my latest photo and true personal data, indicated therein.

I wore the uniform as appropriately designed for girls in the Nursing Department, which is a blouse and a skirt.

The above conditions did not in anyway cause any conflict during the succeeding 5 semesters I was enrolled as a regular EAC student,  in terms of: 

 
a.    Name – I am known as Leo Moreno to my teachers and classmates but they respectfully call me with my preferred name, which is Rio.


b.    Gender – I am treated as a girl in all my subjects and school activities


c.    Physical Stature – I never encountered any issue for or against my physical being from teachers nor from co-students


d.    Discipline – I am always conscious that as a student, I am abiding with all the policies of the school including my choice of uniform, since there is no provision or item in the school handbook that forbid or disallow transgender student to wear any particular uniform.

JUNE 30, 2008

On this day, I had difficulty swiping through my ID at Gate 5.  Hence, I sought the assistance of the Security Guard on Duty to help me.  After he had successfully swiped my ID, he glanced at it and commented “bakit LEO?”.  I just ignored the question and thanked him for the help.

JULY 7, 2008


I was notified verbally to report to the Nursing Department’s Dean’s Office.  Upon arrival at the Dean’s Office, both Ms. Dumadag (Dean of Nursing) and Mr. Boquiron (Dean of the Office of Student’s Affairs) immediately accused me of submitting fraudulent documents for admission to the school.  Surprised by this accusation, I told them that all documents, including my birth certificate, were authentic and true.  In the course of their insinuations and harsh words, they themselves verified that all my documents are indeed authentic and non-fraudulent.

Not finding any other issue with my documents, Mr. Boquiron verbally required me to be identified as a boy and as such, I was required to wear a nursing student’s uniform for boys to identify me as a boy and not as a girl. 

I tried to explain my condition and my identity as a transgender but to no avail, Mr. Boquiron would not consider such gender related talk but instead, insisted that I have to wear what is prescribed for boys/men or else I would be given disciplinary action.

July 21, 2008

 

I submitted the a letter (copy attached) to the President of the School, copy furnished Ms. Dumadag and Mr. Boquiron.  This letter was received by Lorie, the Secretary of the President.  I was advised by Ms. Lorie that she will give me a call when Mr. Campos, the President is available to see me.

14 July 2008
Office of the President
Emilio Aguinaldo College

Dear Sir

I enrolled at Emilio Aguinaldo College (EAC) because I was impressed by its philosophy that it is “committed to promote, disseminate and propagate an egalitarian education which aims to develop a total person, aware of his identity as a Filipino, yet conscious of his role to promote global peace for the improvement of the quality of human life. ”

My experience convinced me that EAC is sincere in its philosophy. The past five semesters were moments of great joy, peace of mind, and productive learning. I was welcomed, accepted and respected for what I am, a woman of transsexual experience.

Nobody showed any sign of disrespect and discrimination. I have been identified and treated by my classmates, my professors, and even by members of the school’s staff as how I wanted to be identified and treated: as a woman. They all related to me as a woman, as Miss Moreno. And since I started studying here, I have been wearing the uniform appropriate to my gender identity: the women’s uniform.

Their respect, compassion, and benevolence made me feel accepted, appreciated, and valued for what I am.  Their positive treatment of my individuality and my very humanity made it possible for me to live in peace with my professors, with my classmates, with this school, but above all with myself.
Because my psychological well being has been esteemed by this school, I have been deeply inspired to perform very well. Hence, despite the stress that accompanies the life of a working student, my academic performance is beyond reproach.

EAC was truly an “egalitarian institution”. But, alas, on the 7th of July, I was called to report to the dean’s office. Ms Dumadag asked me a couple of questions regarding my gender and the documents I use. Then Mr Boquiron asked me the same questions; he then verified that the documents I submitted; they were proven to be authentic.

After our meeting, Mr Boquiron required me to wear men’s uniform and that I have to be identified and treated as male in this school.  This broke my heart, crippled my spirit,  and disturbed my peace. He is forcing me to live as my shadow rather than as my authentic self. I have been so stressed about this and found it so hard to concentrate both in my studies and in my work. Nobody deserves such an unnecessary and very unnerving pressure.

For five semesters, my gender identity, my gender expression, and my very humanity were questioned by nobody. I have been treated with respect, with dignity, with understanding, and with compassion.

I understand where Mr Boquiron is coming from. He wanted to remain faithful to outdated and oppressive gender norms rather than understand and respect the diversity that my life embodies.

I do respect his opinion about me. Nonetheless, I feel that his actions challenge the sincerity of the philosophy of this school. And they run contrary to EAC’s objective of designing its practices “after global standards to make the students more equipped in their chosen endeavor”.

Having a gender identity opposite to your sex assignment at birth, a condition called transsexualism, is a globally recognized and accepted medical condition. There is a medical consensus,  which is now being recognized by humane national governments, that forcing a transsexual person to live according to the norms of their sex assignment at birth would seriously damage their psychological well-being, not to mention that this act is an utter disrespect of that person’s right to freedom of expression.

I’d like to finish my studies with my psychological well-being intact and with my human right to express the diversity my life embodies kept respected and supported by EAC.

Sir, my future profession as a nurse entails me to afford my patients care, understanding, and compassion. I hope that EAC would be able to inculcate these values not by preaching them but by practicing them.

I hope that EAC would remain faithful in upholding its commitment in “propagating an egalitarian education.”

I hold a deep profound faith that EAC would take a proactive, progressive, responsive, and compassionate action at par with 21st century global standards. 

I ardently believe that EAC would consider this as an opportunity to understand what transsexualism is so that EAC will be able to craft policies that will enable our school administrators deal with this issue in a responsible, respectful, civilized, and sensitive way.

I trust that EAC will prove that I wasn’t wrong at all in choosing it as my university, as my partner in fulfilling my dream to become a nurse.

My warmest gratitude.

Sincerely
Ms Rio Moreno
Legal name: Leo Moreno
Student Number: 06-1-42039

cc: Mr Boquiron
      Ms Dumadag
     

 

 


July 25

 

I called up Ms. Lorie to follow up my request to talk to the President but again I was given the same reason that Mr. Campos is still busy.  I explained to her that I have been absent from my classes for the past 2 weeks because the Security Guards would not allow me to go inside the campus using my blouse and skirt uniform (girl’s uniform).  However, Ms. Lorie ignored such explanation in a manner that made me feel that the President does not care about the issue.

 

July 28

 

I was accompanied to school by Ms Sass Rogando Sasot, a founding member of the Society of Transsexual Women of the Philippines (STRAP), a non-profit organization.  We went to talk to Mr. Boquiron, Office of Student Affairs dean, to clarify the issue and educate them about transsexualism. 


Sass began by inquiring whether Mr Boquiron knew anything about transsexualism. Mr Boquiron admitted that he does not know anything about it since he is not a medical person.

Mr. Boquiron and Sass then began talking about transsexualism. Sass explained what transsexualism is.

 
At no point did Mr. Boquiron considered Ms Sasot’s explanation of what transsexualism is. He told us not to “force” what we like and that they were just following the rules of the school. Ms Sasot asked whether the school has a rule that transsexuals shall be treated according to their sex assignment at birth. Mr Boquiron said that since that my birth certificate says male, I shall be treated as male.

 
There had been an exchange of temper and raising of voices between the two of them. Mr Boquiron is not open to the reality that transsexualism is existent and that it is globally and medically recognized. He kept on addressing me as “he and him”.

 
He kept on emphasizing that since the documents I submitted shows that my sex is Male, I should be treated as male. He stated that he is going by what shows on my records.

We were able to resolve the uniform issue. Mr. Boquiron agreed that I could wear the female uniform as long as I wear the pants.

However, Mr Boquiron remained indifferent and disturbingly apathetic when Ms Sasot was pointing out the medical fact that “forcing a transsexual person to live according to the norms of their sex assignment at birth would seriously damage their psychological well-being.”

Mr Boquiron and his assistant Mr. Jimmy, said that it is already given that my psychological well being will be damaged.

Ms Sasot clarified their disturbing position of Mr Boquiron and Mr Jimmy about them not being concern about my psychological well-being.

Mr. Jimmy just replied “So?” and he also told Sass that what she was talking about was nonsense as my birth certificate says I’m “male”.

This made Ms Sasot raise her voice again and expressed her disgust about a caring institution not caring about the psychological well being of its student. I myself was shocked how they reacted to Ms Sasot’s question. This only means that they do not care about their student’s psychological well being.

————

For now, I am going to continue to finish this semester. I will abide by their rules, I will wear an all white women’s uniform (pants).

Nurses in the Philippines are exported to different first world countries. These countries, such as America and the U.K., are very open to this issue and they are educated on how to handle these issues. Gender identity is not a criteria to be accepted for school enrollment or employment. It is as long as you are competent and fit for the job.

Medical schools such as Emilio Aguinaldo College should learn the global standards in the medical field. It is a shame that those running this medical school are not only ignorant about these issues but do not show any concern at all to the psychological well being of their student.  Their minds and spirits are also closed with this matter. They would rather remain faithful to the oppressive and outdated gender norms rather than show compassion and care.

The way Mr. Boquiron and his assistant Jimmy handled my concern made feel so unappreciated, undervalued, and disrespected.

As a future nurse, I will be encountering patients of all kinds. Understanding, respecting, and appreciating the diversity of patients is a must in the 21st century way of doing business and providing services. There’s no better way for me to be able to understand and appreciate the diversity of humanity other than in my  school, EAC, showing its respect, understanding, and appreciation of the diversity of its students. Do hospitals ask someone like me to dress in a man’s clothing before they provide service? Obviously not.

So making me wear men’s uniform will surely not improve my psychological well-being, will not help EAC in fulfilling its mission statement, and will not help me appreciate, understand, and respect the diversity of my future patients.

I like to be an instrument of change. This is enough.My family and I would like to bring up this issue to the Commission on Higher Education (CHED), to the Philippine Nurses Association, and to the Philippine Commission on Human Rights.

We appreciate any help from anybody who cares about the psychological well-being of transgender people. You may contact me through email: rioizphils@yahoo.com or through my mobile number: +63 906 520 5165.

Sincerely,

Ms Rio Moreno
Member, Society of  Transsexual Women of the Philippines (STRAP)

PEOPLE LIKE US: An Open Letter of a Transgender Woman in the Philippines

Sunday, May 25th, 2008

PEOPLE LIKE US

An Open Letter of a Transgender Woman in the Philippines

[25 May 2008 / Sunday / 6.04 AM to 6.45 AM]

No one can make you feel inferior without your consent.

– Eleanor Roosevelt

My friends and I have been made to feel inferior approximately five hours before I wrote this letter. I’d like to sweep this incident under the proverbial rug but there is no more space to accommodate it.

On the 24th of May 2008, my friends and I were celebrating the anniversary of our organization the Society of Transsexual Women of the Philippines (STRAP), the first transsexual women’s support group and transgender rights advocacy organization in the Philippines. We settled to celebrate it in Ice Vodka Bar, located in Greenbelt 3, 3rd level Ayala Center, Makati City, Metro Manila. It was my first time in that bar. Two in our group have been there before and they had nothing bad to say about it.

There were five of us. I was leading the way. The bouncer stopped us. I asked why. His reason was we were dressed “inappropriately”. We were rather dressed decently, tastefully, and most importantly just like any other human being who lives her life as female 24 hours a day.

I asked for the manager. The bouncer was nice enough to let me in. The manager, Ms Belle Castro, accommodated me. I don’t know if I spelled her name right. I asked for a business card but she had none available. Her telling feature though was her braced teeth.

I complained. Ms Castro listened to me. I found her sympathetic, even respectful as she addressed me all throughout as ma’am. She told me the following:

1. (Referring to my friends, and obviously to me) That “people like them” aren’t allowed in our bar every Fridays & Saturdays;

2. That that was an agreement between all the bars in Greenbelt (she particularly mentioned their bar, Absinthe, and Café Havana) and Ayala Corporation, the company which owns the Greenbelt Complex;

3. That the reason for this policy is: “Marami kasing foreigner na nag-kocomplain at napepeke daw sila sa mga katulad nila.” Loosely translated in English: “There are lots of foreigners complaining because they mistake people like them as real women”; and

4. That they have a “choice” to implement the policy.

I felt terribly hurt and uncontrollably agitated. This transphobic act is not the first time that it happened to me, to my friends, to people like us. To say that this has become almost a routine is an understatement.

I have shouted at Ms Castro several times, asking her why I’m f***ing experiencing racism in my own country and what gave f***ing foreigners the right to demand to block people like us to enter bars in our very own country.

Ms Castro tried to hush me by pulling the “It’s our choice card” and asked me to talk decently. I am not proud at all of using the F-word as my intensifier and of letting my emotions ran raw and wild. My warm apologies to Ms Castro for losing my cool. Just like any of us, I know, she was just doing her job.

This may not be the proper forum to raise this concern. But is there any reliable legal forum to address this issue? Reality check: there is no antidiscrimination law in this country. And if you’re discriminated, there seems to be a notion that you’re supposed to blame yourself for bringing such an unfortunate event to yourself.

So, I’d just stand up through this open letter.

I am standing for myself. I am standing for people like us. I am standing up because I, am, very, tired of this incivility. We have long endured this kind of treatment for far too long. Enough.

I’ll not go as far as campaigning for a boycott as it is definitely the simple workers that would suffer from any loss in revenue such an act may cause.

People like us would like to be treated just like any other human being. Just like those foreigners who complained about our existence: With dignity.

You know the civilized and ethical thing to do: Stop discrimination in your establishments.

Bigotry is never ethical nor a sound business strategy.

Warmly,

Ms Sass Rogando Sasot

Sass is one of the founding members of the Society of Transsexual Women of the Philippines (STRAP) [www.tsphilippines.com], an Associate Member of Transgender ASIA Research Centre, and a member of Ang Ladlad Party.

To have a dialogue with her regarding this incident, you may reach her at srsasot@… or through her mobile at +639276257010.

Diversity and Equality, Pass the Philippine Anti-Discrimination Bill Now!