Professional Documents
Culture Documents
Principle of equality
1
Secretary of Justice v. Hon. Lantion, 379 Phil. 165, 212 (2000)
2
Vienna Convention on the Law on Treaties (1969), Art. 26.
3
Luna v. Court of Appeals, G.R. No. 100374-75, 27 November 1992, 216 SCRA 107, 111-112.
4
MVRS Publications, Inc v. Islamic Da'wah Council Of The Philippines, Inc., G.R. No. 135306, 28 January
2003
Equality is a key human rights principle. It is set out in article 26 of the
ICCPR, which states that all people are equal before the law and are entitled
without any discrimination to the equal protection of the law. Article 2 of the
ICCPR requires State Parties to ensure all individuals are to enjoy the rights set
out in the ICCPR without discrimination. Article 26 is broader than article 2(1)
because it is a stand-alone right which forbids discrimination in any law and in
any field regulated by public authorities, even if those laws do not relate to a right
specifically mentioned in the ICCPR.
The right to equality before the law guarantees equality with regard to the
enforcement of the law. The right to the equal protection of the law without
discrimination is directed at the legislature and requires State Parties to prohibit
discrimination and take action to protect against discrimination.
https://www.humanrights.gov.au/lesbian-gay-bisexual-trans-and-intersex-
equality-0
In interpreting the right to marry, and whether its scope could extend to
same-sex couples, it is important to take note of the preamble of the ICCPR and
the maxim of non-discrimination which is enunciated both as a stand-alone human
right and as part of the right to marry. The preamble provides that the purpose of
the ICCPR is to recognize the inherent dignity and ... the equal and inalienable
rights of all members of the human family.
https://sydney.edu.au/law/slr/slr_36/slr36_4/SLRv36n4GerberTaySifris.pdf
The right to marry is a protected right as may be met in the provisions of the
Universal Declaration of Human Rights6. This treaty is binding upon the Philippines
under the Constitution as provided in Section 2, Article II. This right, furthermore,
was enunciated in an American case, Loving v. Virginia which held:
(F)reedom to marry has long been recognized as one of the vital personal
rights essential to the orderly pursuit of happiness by free men Marriage
is one of the basic civil rights of man, fundamental to our very existence and
survival7
Furthermore, since the UDHR guarantees all men and women the right to
marry, and does not explicitly provide that sexual orientation is an exception to the
right, states that do not allow two men or two women to marry are acting in contrast
to the Declarations language and intention.
Nondiscrimination
Article II of the UDHR states [e]veryone is entitled to all the rights and
freedoms set forth in this Declaration, without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status. In addition to arguably qualifying as both sex and
other opinion, sexual orientation is implicitly included among the factors listed in
the UDHR, because of the provisions intentions; Although the Universal
Declaration of Human Rights and the other principal human rights instruments
drafted by the United Nations do not explicitly mention sexual orientation or same-
sex marriage, they have created a comprehensive body of human rights law that
protects all people (Green, 2010).
6 G.A. res. 217A (III), U.N. Doc A/810, 71, Art. 16 (1) (1948): Men and women of full age, without
any limitation due to race, nationality or religion, have the right to marry and to found a family.
They are entitled to equal rights as to marriages, during marriage and at its dissolution.
7 Loving v. Virginia, 388 U.S. 1, 12 (1967).