CHR asks EARIST to probe discrimination vs transgender student
The Commission on Human Rights (CHR) has asked the school administration of the Eulogio “Amang” Rodriguez Institute of Science and Technology (EARIST) in Manila to investigate officers responsible for forcing a transgender student to cut her hair inside a classroom to qualify for enrolment.
The hair-cutting incident became a viral video that precipitated several criticisms against the administrators of EARIST.
In a statement, the CHR said that decorum should never be used as a pretext for discrimination or imposing rigid heteronormative and societal norms on individuals based on their chosen sexual orientation, gender identity, and gender expression (SOGIE).
"We are also alarmed that despite numerous joint discussions and demand letters to raise this kind of concern drafted by various organizations, including Bahagari-EARIST, numerous complaints continue to emerge as a result of the school’s administrative protocols," the CHR said.
It shared details from the 2021 EARIST student handbook's code of conduct and discipline. It said the handbook requires male students to get a barber's haircut, while the only restriction for female students is the wearing of colorful highlights.
It also said the handbook provides that students have the right to "freely express one's gender preference to follow the norms of the Institution without due prejudice to any provisions."
At the same time, the CHR pointed out that the Manila LGBTQI Protection Ordinance of 2020 prohibits the denial of admission and imposing disciplinary action higher than customary against students based on their SOGIE.
It said that under the ordinance, it is prohibited to deny or limit access to an employee, promotion opportunities, transfer, training, schooling, and refuse employment, among others on the basis of actual or perceived sexual orientation, gender identity, and expression (SOGIE).
Thus, the CHR said it is one of the primordial duties of schools and universities to cultivate a culture of inclusivity and acceptance, where all students feel safe, valued, and respected for who they are. "Hatred and discrimination against anyone, particularly LGBTQIA people, has no place within our educational institutions," the CHR said.
As for EARIST, the CHR is calling on its administration to conduct an impartial investigation into this case and hold the responsible officers accountable if deemed necessary.
It also asked the school administration to review and analyze its existing student code of conduct, regulations, and policies, particularly in the context of exercising SOGIE, to ensure that all indicated provisions are inclusive and respect all students' fundamental rights.
"We reaffirm our commitment to creating an environment of respect and inclusivity. We believe that such action constitutes gender-based policing, resulting in differential characterization and discrimination that clearly violates not only everyone's right to quality education, but also their right to freely express themselves based on their SOGIE," the CHR said.
"Furthermore, we reiterate our commitment to support the passage of the SOGIE bill in the country. It is high time to institutionalize a policy that prohibits discrimination and hatred based on a person's SOGIE. We could use this to protect the vulnerable from discriminatory practices in schools, workplaces, and communities across the country," it added.