CHR backs same-sex civil partnership bills

The Commission on Human Rights has voiced its support for the proposed same-sex civil partnership bills, affirming that same-sex couples deserve the same legal rights and protections as their opposite-sex counterparts.

In a position paper on House Bills 1016 and 6782 or An Act Recognizing the Civil Partnership of Couples, Providing for Their Rights and Obligations, the CHR emphasized that same-sex civil partners should be entitled to:

• Adoption and child custody rights
• Property and inheritance rights
• Access to social protection programs as legal beneficiaries

“CHR emphasizes that the right to equality and freedom from discrimination—as enshrined in domestic and international human rights frameworks—must be fully realized by ensuring that all individuals, regardless of sexual orientation, gender identity, or expression, enjoy equal protection under the law,” the agency stated.

The CHR underscored that recognizing civil partnerships would mark a significant step for the Philippines in fostering a society that values diversity, inclusivity, and human rights.

“Providing equal rights and privileges for same-sex couples will in no way diminish or infringe on the rights of married couples,” it added.

Key recommendations

The commission urged lawmakers to explicitly include provisions granting same-sex civil partners the same legal standing in adoption as opposite-sex married couples.

Citing studies by the Australian Institute of Family Studies in 2013 and the American Sociological Association in 2014, the CHR noted that same-sex couples perform just as well as different-sex couples in parenting, in terms of children’s emotional, behavioral, and social outcomes.

It also referenced the Supreme Court case Pablo-Gualberto v. Gualberto (G.R. No. 15499), which held that sexual preference alone does not indicate parental neglect or incompetence, reaffirming that a child’s best interest remains paramount even in cases of relationship dissolution.

Furthermore, the CHR clarified that the proposed bills should focus solely on same-sex couples, as opposite-sex couples are already protected under the Family Code, which defines marriage as a union between a man and a woman.

Additional provisions

The CHR strongly recommended the inclusion of the following provisions in the bills:

• Equal visitation rights in hospitals and detention centers
• Decision-making authority in medical and burial matters
• Co-ownership of properties acquired during the partnership
• Anti-discrimination protections for children of civil partners in areas such as education, healthcare, and public services
• A clearer, more precise definition of infidelity

Regarding infidelity, the CHR flagged the current wording in House Bill 6782 as vague, particularly the definition of "sexual relations" and the scope of prohibited acts, warning that such ambiguity could lead to arbitrary enforcement.

The commission stressed that these recommendations aim to align the bills with the principles of inclusivity, non-discrimination, and human dignity.

“We urge lawmakers to carefully consider these proposals to ensure that the resulting law is just, inclusive, and reflects our national commitment to human rights,” the CHR said.

In conclusion, the CHR affirmed that same-sex civil partnership bills advance equality and non-discrimination in line with the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social, and Cultural Rights.

“It is high time that the Philippine government recognizes the equal rights of two consenting adults who simply wish to love, care for, and support each other,” the commission declared.

“These bills seek only to extend basic legal protections and social security to partnerships—regardless of sexual orientation or gender identity—that, while non-traditional, are no less deserving of recognition as families.” — DVM, GMA Integrated News