24 Investigating Human Rights Violations Against Women and Persons with Diverse Sexual Orientation, Gender Identity and Expressions CHAPTER V: Investigating Human Rights Violations Against Women and Persons with Diverse Sexual Orientation, Gender Identity and Expressions T he MCW provides for the institutional mechanisms to promote Gender and Development. Government agencies, instrumentalities, and local government units are mandated to comply with these institutional mechanisms using gender mainstreaming as a strategy. The Commission adopted Resolution CHR (IV) No. A2013-121 on July 10, 2013. The resolution established the Gender Focal Points System (GFPS) in accordance with the Joint MC issued by PCW-NEDADBM. Section 40 of the MCW requires that the Commission designate one Commissioner who will be primarily responsible, together with the Women’s Human Rights Center (WHRC), for the formulation of policies, development, and implementation of program and activities related to the promotion and protection of human rights of women. The MCW also provides that regional offices of the Commission shall discharge the functions of the Gender Ombud within their respective jurisdictions and shall implement this program and undertake investigations of complaints of discrimination and violations or rights under the Act. The Commission has identified its regional Gender Focal Persons consisting of lawyers, investigators, and information officers. As part of the CHR’s continued strengthening of the Barangay Human Rights Action Center (BHRAC) and pursuant to the provision of MCW which provides that the BHRAC shall serve as the support arm of the CHR Regional Offices, the Commission incorporates the Magna Carta of Women and other laws on women in the capacity building designed for BHRAO and other Human Rights Action Centers in the Municipal, City and Provincial level, as well as with the Barangay VAW Desk Officer. Investigation Procedure As a rule, the procedure set forth in the CHR Guidelines and Procedures in the Investigation of Human Rights Violations and the Provision of Other Assistance (GAP) and the Manual on Investigation and Case Management Process shall be followed in the conduct of investigation of violations of the Magna Carta of Women. Investigation under the GAP is focused on violations of civil, political, economic, social and cultural rights, in general. On the other hand, investigation under the Gender Ombud Guidelines gives particular attention to (a) violations against women and persons with diverse sexual orientation and gender identity and expression (SOGIE); and (b) specific acts of discrimination committed by an individual against another individual, or that committed by an institution (public or private) as against an individual or group of individuals, both requiring sensitivity in handling women victim survivors. Thus, to address the need for sensitivity in the investigation of complaints of women and persons with diverse SOGIE, these Guidelines provide for Protocols in investigation. The Protocols are as follows: Protocol 1: Handling Women’s Cases/ Complaints While the CHR Guidelines and Procedures in the Investigation of Human Rights Violations and the Provision of Other Assistance (GAP) and the Manual CHR Gender Ombud Guidelines

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