2 The CHR and Its Mandatein the Promotion of Gender Equality & Women Empowerment is committed to ensure the primacy of all human rights and to their protection, promotion and fulfilment, on the basis of equality and non-discrimination, in particular for those who are marginalized and vulnerable2. This is pursuant to the Universal Declaration of Human Rights which provides that “all human beings are born free and equal in dignity and rights” and in the State Policy under the 1987 Constitution which provides that “the State values the dignity of every human person and guarantees full respect for human rights.”3 The Anti-Sexual Harassment Act of 1995 (RA 7877), The Anti-Child Abuse Law of 1997 (RA 7610), The 1998 Philippine National Police Reform and Reorganization Act (RA 8551), Anti-Rape Act of 1997 (RA 8353), Assistance to Rape Victim’s Act (RA 8505), Anti-Trafficking in Persons Law of 2003 (RA 9208), Anti- Violence Against Women and their children of 2004 (RA 9262), Anti-Child Pornography Act of 2009 (RA 9775), Magna Carta of Women (RA 9710), AntiVoyeurism Law (RA 9995), and The Reproductive Health Law (RA 10354). On the basis of this broad mandate, the Commission pursues the promotion of gender equality. The Commission recognizes that respect for sexual rights, sexual orientation and gender identity is integral to the realisation of equality between men and women4. Sexual orientation and gender identity and expression (SOGIE) are integral to every person’s dignity and humanity and must not be the basis for discrimination or abuse5. As an NHRI and as Gender Ombud, the Commission promotes the Yogyakarta Principles6 when it provides that “human beings of all sexual orientations and gender identities are entitled to the full enjoyment of all human rights.” The Magna Carta of Women of 2009 (RA 9710), the country’s gender equality law, recognizes that economic and socio-cultural realities affect women’s current condition. It affirms the role of women in nation-building and ensures the substantive equality of women and men. It further declares that the equality of men and women entails the abolition of the unequal structures in society and the practices that perpetuate discrimination and inequality. As a policy it declares that “no one should suffer discrimination on the basis of ethnicity, gender, age, language, sexual orientation, race, color, religion, political, or other opinion, national, social, or geographical origin, disability, property, birth, or other status as established by human rights standards.” CHR MANDATE UNDER THE MAGNA CARTA OF WOMEN The Commission, having been tasked to monitor the Government’s compliance with international treaty obligations on human rights, monitors the Government’s compliance with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Pursuant to CEDAW, and with the active participation of the women’s movement in the country, several laws on women have been passed: 2 CHR Mission Statement 3 Article II, Section 2 1987 Constitution 4 Yogyakarta, Preamble 5 Introduction to Yogyakarta Principles yogyakartaprinciples.org/principles_en.htm http://www. 6 The Yogyakarta Principles are a set of principles on the application of international human rights law in relation to sexual orientation and gender identity. The Principles affirm binding international legal standards with which all States must comply. They promise a different future where all people born free and equal in dignity and rights can fulfil that precious birthright Under this law, the State endeavours to develop plans, policies, programs, measures and mechanisms to address discrimination and inequality in the economic, political, social and cultural life of women. The Magna Carta of Women designates the Commission as the Gender and Development Ombud. As such, the Commission is mandated to perform the following functions and duties, as provided in the Implementing Rules and Regulations: SECTION 40. Commission on Human Rights – Consistent with its mandate, the CHR, as the Gender and Development Ombud (Gender Ombud), shall advocate for the promotion and protection of women’s human rights, strengthen its Human Rights Education program, investigate violations including those committed by private institutions or by private individuals, monitor compliance, and recommend appropriate CHR Gender Ombud Guidelines