How Does the Right to Care Act Impact Healthcare for Filipino LGBT+?
A groundbreaking piece of legislation is making waves across the Philippines, potentially transforming healthcare access for LGBT+ individuals in profound ways. The proposed Right to Care Act, filed by party-list representative Percival Cendana in November 2024, addresses a critical gap in healthcare rights for LGBT+ couples that has long been a source of distress and discrimination.
For decades, LGBT+ partners have been denied the basic right to make medical decisions for each other during emergencies. In a country where same-sex marriage remains unrecognized, hospitals typically only allow legal spouses or blood relatives to act as primary caregivers or decision-makers. This policy has led to heartbreaking scenarios where partners are excluded during critical moments of medical care.
What the Right to Care Act Provides
The proposed legislation offers a practical solution through several key provisions:
• It enables patients to designate their partners through a special power of attorney to make critical health decisions on their behalf
• It establishes a “right to care” card for couples that all health facilities must recognize
• It includes penalties for medical institutions that refuse to honor these designations
While the bill does not establish marriage equality, it takes a significant step by formally recognizing LGBT+ relationships in the healthcare context. As Cendana noted, this legislation “recognises that the relationships of LGBTQ+ people are valid.”
Real-World Implementation
Quezon City has already pioneered this concept, implementing its own Right to Care Card program since 2023. The initiative empowers resident queer couples to make medical decisions for their partners through a Special Power of Attorney mechanism. As of our publication date, 468 queer couples have applied for the card, demonstrating significant demand for this protection.
Know Your Rights
Under the proposed national law:
• LGBT+ individuals can legally designate their partners to agree, refuse, or withdraw consent for medical treatments
• The designation covers all types of medical care including treatments, procedures, tests, and prescriptions
• Healthcare facilities would be legally obligated to recognize these designations
Why This Matters
The impact of this legislation extends beyond immediate healthcare concerns. For a community facing disproportionate health challenges, including higher rates of HIV (with MSM and transgender women accounting for 89% of new cases) and mental health issues stemming from discrimination, ensuring proper access to care is crucial.
After 25 years of stalled SOGIE Equality Bills, the Right to Care Act represents a pragmatic approach to advancing LGBT+ rights. By focusing on a specific, humanitarian concern, the right to care for loved ones in times of need, it may succeed where broader anti-discrimination measures have faced opposition.
As the bill continues through the legislative process, it signals that incremental progress toward equality is possible, even in a traditionally conservative society. For Filipino LGBT+ individuals, it offers not just practical protections, but also recognition of the validity and importance of their relationships.
