25 Years of Waiting: Will the Right to Care Act Succeed Where SOGIE Bill Stalled?
For a quarter-century, the Filipino LGBTQ+ community has watched as various iterations of the SOGIE Equality Bill have been introduced, debated, and ultimately shelved in Congress. Now, a new legislative hope has emerged through the Right to Care Act, which could represent a significant step toward recognizing same-sex partnerships in the Philippines.
Filed in November 2024 by party-list representative Percival Cendaña, the Right to Care Act addresses a critical gap in our healthcare system. In its current form, the bill would protect LGBTQ+ couples from discrimination in health settings by allowing patients to designate their partners as decision-makers through a special power of attorney.
What the Right to Care Act Would Change
The proposed legislation includes provisions for a “right to care” card that all health facilities must recognize or face penalties. This seemingly modest reform tackles a profound injustice: currently, without marriage equality, partners of LGBTQ+ Filipinos are legally barred from acting as primary caregivers or participating in critical health decisions during emergencies.
The bill’s potential impact extends beyond hospital visitation rights. By creating a formal recognition mechanism for same-sex partnerships, even in a limited context, it establishes a precedent that could eventually lead to broader legal protections.
Why This Matters Now
The timing of this legislation is particularly significant. While the Philippines has been implementing the Universal Health Care Act since 2019, LGBTQ+ couples remain excluded from many of its benefits due to the lack of legal recognition of their relationships. As amendments to the UHC law are currently being debated in Congress, the Right to Care Act offers a complementary path to healthcare equity.
Can It Succeed Where SOGIE Failed?
The SOGIE Equality Bill has faced persistent opposition, particularly from religious fundamentalists who, despite representing a minority, wield significant political influence through megachurches and electoral endorsements. By focusing specifically on healthcare decision-making rights rather than broader anti-discrimination protections, the Right to Care Act may navigate a narrower, less contentious path through Congress.
Know Your Rights
While we await legislative action, LGBTQ+ Filipinos should be aware of existing options:
- Execute a special power of attorney designating your partner for healthcare decisions
- Create advance directives specifying your wishes
- Maintain documentation of your relationship when seeking healthcare services
The Right to Care Act represents a pragmatic approach to advancing LGBTQ+ rights in the Philippines. By addressing a specific, undeniable need, access to healthcare decision-making, it may succeed in creating the first national recognition of same-sex relationships where broader measures have stalled. For a community that has waited 25 years for basic protections, this could be the beginning of meaningful change in Filipino law.
