Right to Care Act: How This Proposed Law Could Transform LGBTQ+ Healthcare Rights
For a quarter-century, the Philippines has grappled with legislation aimed at protecting LGBTQ+ rights, with multiple bills failing to pass amid staunch opposition. Now, a groundbreaking piece of legislation, the Right to Care Act, could become a watershed moment for the community, particularly in healthcare settings where discrimination has long persisted.
Filed in November 2024 by party-list representative Percival Cendana, the proposed law aims to protect LGBTQ+ couples from stigma and discrimination in medical facilities by allowing patients to designate their partners through a special power of attorney to make critical health decisions on their behalf if they become incapacitated.
Breaking Down the Right to Care Act
At its core, the bill, currently being debated in committee, introduces a “right to care” card that all health facilities would be required to recognize or face penalties. This would grant LGBTQ+ partners the legitimacy to act as primary caregivers and participate in critical medical decision-making, rights that are automatically afforded to heterosexual married couples but denied to same-sex partners in the predominantly Catholic country.
According to Cendana, while the proposed law doesn’t establish marriage equality, it “recognises that the relationships of LGBTQ+ people are valid.” This acknowledgment represents a significant step forward in a nation where the SOGIE Equality Bill has stalled for decades amid fierce opposition from religious groups and some lawmakers.
Quezon City’s Successful Model
The national legislation builds upon the successful implementation of a similar program in Quezon City. Since its launch in 2023, 468 queer couples have applied for the Right to Care card, making Quezon City the first local government to implement such a program in the Philippines.
In February 2024, the Quezon City Council strengthened this initiative by passing City Ordinance No. 3221, which mandates that all healthcare providers within the city’s jurisdiction must recognize and respect the Right to Care Card. The ordinance enables queer couples to choose hospital treatments, medical procedures, and prescriptions for their partners, while also allowing them to provide care during hospitalization and receive critical information throughout admission.
A Step Toward Broader Recognition
Advocates view the Right to Care Act as potentially opening the door to broader recognition of LGBTQ+ relationships in the Philippines. “I hope that, unlike the SOGIE Equality Bill, something as basic as right to care will not be met with too much opposition, because it is inhumane to deprive couples of the right to take care of each other,” Cendana stated.
As the bill continues through the legislative process, it represents not just a practical solution to a specific healthcare issue, but possibly the first domino in a series of long-overdue protections for the Filipino LGBTQ+ community. The Right to Care Act could finally crack open the door to equality that has remained firmly shut for far too long.
