4 The CHR and Its Mandatein the Promotion of Gender Equality & Women Empowerment Local Government. The person directly responsible for the violation as well as the head of the agency or local chief executive shall also be held liable. The filing of a complaint under the law does not preclude the offended party from pursuing other remedies available and from invoking any of the provisions of existing laws, especially recently enacted laws protecting women and children.7 These include, among others: 1. Women in Development and Nation Building Act (Republic Act No. 7192). 2. The Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act (Republic Act No.7610), 3. The Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877), 4. The Anti-Rape Law of 1997 (Republic Act No. 8353), 5. The Rape Victim Assistance and Protection Act of 1998 (Republic Act No. 8505), 6. The Anti-Trafficking in Persons Act of 2003 (Republic Act No. 9208) 7. The Anti-Violence Against Women and Their Children Act of 2004 (Republic Act No. 9262). If violence has been proven to be perpetrated by agents of the State including, but not limited to, extrajudicial killings, enforced disappearances, torture, and internal displacements, such shall be considered aggravating offenses with corresponding penalties depending on the severity of the offenses. Power to cover Persons with Diverse SOGIE The CHR as Gender Ombud undertakes to protect and promote the rights of women regardless of sexual orientation and/or gender identity and other persons with diverse sexual orientation and gender identity and expression (SOGIE). Scope Consistent with its mandates, the Commission 7 Section 41, MCW (RA 9710). undertakes the following as the Gender and Development Ombud: Investigate individual complaints of discrimination The Commission is mandated to investigate on its own or on complaint by any party, all forms of human rights violations involving civil and political rights.8 It is likewise mandated to monitor the Philippine Government’s compliance with International treaty obligations on human rights,9 including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). As Gender Ombud designated by the Magna Carta of Women, the CHR undertakes to protect and promote the rights of women, regardless of ethnicity, gender, age, language, sexual orientation, gender identity, race, color, religion, political, or other opinion, national, social, or geographical origin, disability, property, birth, or other status. It shall likewise promote and protect the human rights of intersex persons and persons with diverse sexual orientation and gender identity and expression (SOGIE). The procedures for investigation and protocols for investigation provided in this guideline shall be applicable to complaints filed by persons of diverse sexual orientation and gender identity to include, but not limited to lesbians, gays, bisexuals, transgenders, queer and intersex persons. The investigation of discrimination against women, of intersex persons and of persons with diverse SOGIE shall be based on its Constitutional mandate and its mandate under the MCW and other relevant laws. It shall likewise be guided by the nine key treaties to which the Philippines is a signatory and the Yogyakarta Principles. Specific to alleged violations under the MCW, the Commission will look into complaints filed by women, lesbians, bisexual women, and transwomen and transmen10. 8 Article XIII Section 18 (1) of the 1987 Constitution 9 Article XIII Section 18 (7) of the 1987 Constitution 10 Inclusion of transmen depends on their willingness to invoke MCW provisions and shall be subject to further consultation with transmen organizations. CHR Gender Ombud Guidelines