Queer identity and gender-related rights in post-colonial Philippines

(2019)

Yarcia, L.E., et al. (2019).. Aust. J. of Asian Law Vol 20 No 1, Article 19: 265-275

The Philippines is at a critical historical point where LGBT identities and rights are being questioned, not in a manner of interrogation which aims to deconstruct and understand, but in a method that is often offensive and misinformed. This paper describes the Filipino queer identities in the past three decades and the struggle to attain equality in rights through legislative advocacy. The authors trace the development of Filipino queer identities from the pre-colonial period where non-binary genders were accepted if not revered, and argue that the ensuing colonial influences shaped the present state of intolerance LGBTs face today. The civil code tradition and Catholicism from the Spaniards have been fundamental forces in restricting legal gender recognition to a binary framework. A rights-based approach to advocacy, coupled with extra-legal approaches in the cultural sphere, remains a strong and needed strategy in the fight for gender equality and inclusion. Read more