Investigating Human Rights Violations Against Women
and Persons with Diverse Sexual Orientation, Gender Identity and Expressions
on Investigation and Case Management Process
already provide for the proper handling of women’s
cases, this Protocol builds on previous guidelines and
incorporates standards adopted by the judiciary and
those prevailing under international women’s human
rights.
As an improvement to the previous guidelines,
this protocol sets out specific guidelines applicable
to women with disability to ensure reasonable
accommodation and accessibility, indigenous women
on the need for cultural sensitivity and women migrant
workers in recognition of the challenges in access to
justice for migrant workers. As much as practicable,
the protocols are divided into general guidelines, preinterview, interview, and post interview stages.
Protocol 2: Handling Cases/Complaints of Girl Children
Building on previous guidelines set forth under
the CHR’s Guidelines and Procedure and the CHR
Manual for Investigation, this protocol consolidates
and incorporates international standards as well as
standards adopted by the judiciary in the handling of
children’s cases. The guidelines are likewise divided
into general guidelines, pre-interview, interview, and
post interview stages.
Protocol 3: Handling Cases and complaints of Persons
with Diverse SOGIE
The CHR Guidelines and Procedure and the CHR
Manual on Investigation do not provide for guidelines
in the handling of cases/complaints of persons with
diverse sexual orientation and gender identity and
expression (SOGIE). Recognizing that effective
remedy necessarily entails sensitivity in the handling
of cases and keen awareness of possibilities of
stigmatization and re-victimization, the Commission
sets out this Protocol to guide CHR investigators,
lawyers, information officers, and the general public in
handling cases involving persons with diverse sexual
orientation and gender identity and expression.
Areas of Responsibility53
In cases investigated by the Commission as
53 Refer to CHR Manual on Investigation and Case Management,
pages 19-22.
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Gender and Development Ombud, the rule in the
determination of Areas of Responsibility as provided
in the GAP and the Manual for Investigation shall be
observed. Generally, complaints or reports of human
rights violations shall be filed with the CHR Regional
Office which has responsibility over the area where
the alleged violations were committed or threats
exist.54 However, the rule may allow exceptions in
cases where geographical accessibility is at issue,
such as, the proximity of the place of incident to the
regional office. Other exceptions to the regional areas
of responsibilities as herein set forth are the safety
of the surviving victims, complainants, witnesses, or
where the capability of the regional office to decide the
case without bias is raised.
The regional office which takes cognizance of the
case shall immediately notify the other regional office
within whose area of responsibility the case originally
falls. The notification, by means of a memorandum,
shall set forth the circumstances which warranted
its acceptance of the case, citing any of the above
mentioned exceptions.
Role of the CHR Investigators
The role of the investigators in the protection and
promotion of human rights is crucial. Investigators
are the front-liners tasked to promptly respond to
complaints or reports of human rights violations,
including gender-based violence, abuses, exploitation
and discrimination of women, and of persons of
diverse sexual orientation and gender identity. As
such, it is incumbent upon them to pursue a thorough,
impartial and competent investigation; make accurate
documentation, and prepare and submit clear and
comprehensive reports. They also appear and testify
in court and other competent fora in relation to the
cases they investigated. In addition, they facilitate
the protection and safety of surviving victims and
their families and vital witnesses. They also need to
make timely reports and recommendations to the
Commission, and coordinate with appropriate offices
and institutions or organizations for the provision of
54
Refer to Appendix “A” – Areas of Responsibility of CHR
Regional Offices. Areas covered by the Autonomous Region
of Muslim Mindanao fall under the Regional Human Rights
Commission (RHCRC) of the ARMM
CHR Gender Ombud Guidelines