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06 SEP 2016

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BY:

Republic of the Philiopines
HOUSE OF REPRESENTATIVES
Quezon Ci'y, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

3468

REQSTRATION
HOUSE BILL NO. BILLS AND INDE x < sevice

oduced By: REPRESENTATIVE SHERNEE A. TAN

EXPLANATORY NOTE

This bill is a concrete gesture to the persistent clamor of our Muslim brothers and sisters,
specially’ students, who, for quite a long, time, have been victims of diseriminat on simply by
evercising their religious affiliation or belief and for wearing their religious and cultural
symbols and traditional dress in their workplaces, public places and even in schools.

The Constitution explicitly guarantees such bedrock right as freedom of religion, The
clear ancl unequivocal mandate is that the “free exercise and enjoyment of religious profession
and worship, without discrimination or preference, shall forever be allowed.” While the
government protects all religions as “it prefers none, and it disparages none”, there have been
numerous cases where Muslims have often been unfairly targeted for exercising their
constitutional right

It 1s the paramount objective of this important legislative measure to put a quietus to
discriminatory conducts against any religion by providing, penalties for any violation thereof

Iisa reality that there have been instances when Muslim women are being denied jobs
and girls are prevented from attending classes just because they wear traditional forms of
attires, such as Irijabs, burqa, nigae,

IL is saci to note that discrimination against Muslims has persisted because they are
hesitant to report the behavior to office management or school authorities for fear of reprisal as
there is no law prohibiting, and penalizing such condemnable acts.

The government therefore must take action on multiple fronts to protect retigious
freedom, one of the basic fundamental rights of every Filipina

Through this measure, unnecessary prejudice and discrimination against any religion
will be avoided and each individual will be given equal opportunity to achieve his or her full

potential as a person and as Filipino citizen, regardless of religious affiliation or belief

In view of the foregoing, reasons, the approval of this bill is eamgStly sought

Kusug, Thugug Hartylist



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

3468

HOUSE BILL NO.

Introduced By REPRESENTATIVE SHERNEE A. TAN

AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF RELIGIOUS
AFFILIATION OR BELIEF AND PROVIDING PENALTIES THEREFOR

Be it enacted by the Senate and the House of Representatives
of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Auti-Religious
Discrimination Act of 2016. ”

SEC, 2, Declaration of Policy. - It is hereby declared the policy of the State to
protect and promote equality, regardless of religious affliation or belief and endeavor to
elliminate unnecessary prejudice and discrimination against the believer and non-
believer of any religion. Toward this end, discriminatory practices as herein defined
shall be proscribed and penalized

SEC. 3. Definition of Terms, ~ For purposes of this Act, the following, terms shall
mean

a. Discrimination - refers to any act or conduct which excludes, restricts,
curtails or otherwise withholds the enjoyment and exercise of human rights
and basic freedoms in the labor, educational, social and cultural or public life
based on religious affiliation or belief;

b, Eduction - refers to all types and levels of education and other avenues for
learning and includes access thereto, the standard and quality thereof and the
conditions under which the same is given;

c. Employment - refers to all terms, conditions, and privileges relating to work
in public and private institutions, including recruitment policies, application
procedures, training, incentives, compensation, determination of benefits or
allowances, promotion, transfer and dismissal;


de

Religious affiliation or belief - covers the profession or non-profession of
religion or beliefs of one’s choice that may be publicly manifested in worship,
practice and teaching;

Hijab ~ is the traditional cover
Muslim women;

, for the hair and neck that is worn by
Burga ~ is a loose, usually black or light blue outer garment worn by Muslim
women that covers the head and face and sometimes the entire body;

Niqab ~ is a cloth that covers the face as part of sartorial hijab or a veil
covering the hair and face except for the eves that is worn by some Muslin;

SEC. 4, Discriminatory practices. - It shall be unlawful for any person, natural or

juridical,

a

d

to commit the following acts:

To refuse admission or expel a person from educational institution on
the basis of his or her religious affiliation or belief, without prejudice to
the right of educational institutions to determine the academic
quiifications of their students;

To deny access to education or refuse entry to any educational
institution, for wearing religious symbols or traditional attires, like
hijab, burqa, niqab, burqini and the like.

To deny access to or the use of establishments, facilities, utilities or
services, which are open to the general public by reason of his or he
religious affiliation or belief or for wearing religious symbols or
traditional attires, like hijab, burqa, iqab and the like;

To subject a person, either verbal or written, to ridicule or insult or
attributing, despicable behavior or habits or associating with violence
and criminal activities by reason of his or her religious affiliation or
belief;

To deny access to medical and other health services open to the general
public on the basis of his or her religious affiliation or beliet

To deny an application for a license, clearance, certification or any other
document issued by government authorities or other entities on the
basis of his or her religious affiliation or belief;

To refuse employment to a job applicant or to impose additional terms
and conditions, on the basis of religious affiliation or belief, which are
not imposed on another similarly situated;

To do any other analogous acts, which tend to demain the dignity and
self-respect of a person or restricts the enjoyment or exercise of his or
her human rights and basic freedoms and religious affiliation or belief



SEC, 5, Administrative sanctions. - The refusal of a govenrment official whose
duty is to investigate, prosecute or otherwise act on a complaint for a violation of this
Act shall constitute gross negligence on the part of such official, who shall suffer the
appropriate penalty under the civil service laws, rules and regulations,

SEC. 6. Penalties. ~ Any person found guilty of violating this Act shall suffer the
penalty of imprisonment of not less than six (6) months nor more than two (2) years ora
fine of one hundred thousand pesos (P100,000.00) or both at the discretion of the court.

If the violator is a corporation, organization or similar entity, the penalty shall be
imposed upon the official directly involved in the operation

If the violator is an alien or a foreigner, he or she shall be deported immediately
after the completion of the service of the sentence.

SEC. 7. Implementing Rules and Regulations. - The Commission on Human
Rights (CHR), in coordination with the Department of Education (DepEd), Department
of Labor and Employment (DOLE), Commission on Higher Education (CHED) and
Commission on Muslim Filipinos, shall promulgate the necessary rules and regulations
to implement this Act.

SEC. 8. Separability Clause. - If, for any reason, any part or provision of this Act
is held invalid, the remaining provision not affected thereby, shall remain in full force
or effect.

SEC. 9. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations which are inconsistent with this Act are hereby amended, repealed or

modified accordingly

SEC. 10. Fffectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper o {general circulation.

Approved,