By Clarisse Marquez, Jaira Lou Batangan, and Ella Mercado
The Quezon City Local Government Unit (QC-LGU) launched the “Right to Care” card last June 2023 in celebration of Pride Month and was lauded by the Commission on Human Rights (CHR) for its progressive movement.
With the “Right to Care” card, people can make decisions for their partners such as, but not limited to choosing a particular physician or health care provider, including admission or discharge from any hospital or residential care facility; receive, process, and/or disclose their partner’s personal information including medical records; allow or deny medical treatments, procedures; as well as take any other action pertaining to the authority granted by the “Right to Care” card such as processing documents and waivers, and pursuing dispute resolution processes.
“There have been reports of LGBTQIA+ community members who were prohibited from making crucial decisions when their partners were admitted to intensive care units of hospitals,” QC Mayor Joy Belmonte shared.
The “Right to Care” card operates through a Special Power of Attorney (SPA) which grants the holder to agree, refuse, or withdraw consent to any type of medical care for their partners’ treatment, procedure, test, and prescriptions according to the LGU.
Currently, in the law on relationships, as established by the Civil Code (Civil Code, Art. 54, Family Code, Art. 1), queer couples are not recognized as family nor next-of-kin, as the Code specifically allows marriage only between men and women. This matters as hospitals only consider the medical decisions of the patient’s legal spouse or the next of kin.
This is one step closer following the refiling of the “Sexual Orientation, Gender Identity and Expression (SOGIE) Equality” Bill, also known as the “Anti-Discrimination Bill” last September 2022.
Past legislation protecting LGBTQIA+ rights
The Anti-Discriminatory bill, refiled by Senators Risa Honstiveros, Loren Legarda, and Mark Villar, aims to safeguard not only the LGBTQIA+ community, but all Filipinos, from all forms of discrimination by imposing penalties for discrimination based on sexual orientation, gender identity, and expressions.
Discrimination includes denying a person’s admission or expulsion from an educational or training institution, imposing harsher disciplinary sanctions, and refusing or revoking the accreditation of organizations, groups, political parties, or institutions, among other things.
Opposition by conservative legislators contends that it could infringe upon religious and academic freedoms, and the delay in reading and its passage is such legislators deem it to be “not a priority.” Still, efforts persist and win.
Another gender-based legislation, the “Safe Spaces Act” of 2019 aims to create an environment where every person can live, work, and engage in public and online spaces without fear of gender-based sexual harassment.
However, the Act does not cover all forms of discrimination that the LGBTQIA+ community continues to face.
The Philippines has yet to enact a comprehensive anti-discrimination law at the national level, therefore, the protection of the queer community can vary on local ordinances and specific institutional policies.
A Crucial Step Towards Inclusivity
At the moment, more than 300 queer couples have signed up for the “Right to Care” last August 4. The CHR has hailed this project as a “milestone” in the journey towards equal rights and personal choice.
Undeniably, the country has become more open to the LGBTQIA+ community, and organizations like UP Babaylan, Metro Manila Pride, and the like tirelessly work to amplify their voices and visibility.
However, Filipinos still teether on the thin line that separates acceptance and understanding, as evidenced by the discrimination and harassment they face, hence, the call for more legislation to safeguard the rights of queer Filipinos.
THE BARRISTER 