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