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The COMMISSION ON HUMAN RIGHTS
Legal
basis

 1987 Constitution of the Philippines
(Art. XIII, Sections 17 – 19
 Executive Order No. 163, series of 1987
 International Human Rights
Instruments
1
The CHR ....
Scope of
Jurisdictio
n
1) To take cognizance of and
investigate on its own or on complaint by any
party, all forms of violations and abuses
involving civil and political rights, to include
but not limited to:
 Right to life
 Right to liberty
 Right to security
 Right to respect for one’s dignity
 Freedom from slavery and involuntary
servitude
 Freedom from torture, inhuman or
degrading treatment and punishment
2
The CHR ......
Scope of
Jurisdictio
n
 Right to protection from enforced
disappearance
 Freedom from arbitrary arrest, detention
or exile
 Freedom of movement and residence
 Freedom of thought, conscience and
religion
 Freedom of the press, speech, opinion
and expression
 Freedom from discrimination
 Right to marry and to found a family
 Right to own property
3
The CHR ...
Scope of
Jurisdicti
on
2) To monitor Philippine Government’s
compliance with international human rights
treaties, including:
 government actions, the manner and/or
means of implementation/application of HR
related principles, norms and standards in
relation to the State obligations to RESPECT,
PROTECT and FULFILL the human rights of
all persons
2.1) Thus, the CHR shall also:
 Conduct investigative monitoring of all
economic, social and cultural rights
violations/abuses, as well threats of violations
thereof, especially the conditions of the
4
The CHR ...
Investigatio
n and
Monitoring
Powers and
Functions
 To investigate all forms of human rights
violations and abuses involving civil and
political rights;
 To investigate and monitor economic,
social and cultural rights
violations/conditions particularly those
who are marginalized, disadvantaged and
vulnerable;
 To conduct fact-finding missions, visits
and/or inspections of site of incidents of
HRV;
 To undertake quick response operations;
5
The CHR ...
Investigatio
n and
Monitoring
Powers
and
Functions
 To monitor situation of persons deprived of
liberties (PDL), as well as conditions of
correctional/rehabilitations facilities, holding
areas/locked-up cells;
 To monitor the trainings conducted for
military and law enforcement institutions,
including those conducted by private
security agencies;
6
The CHR ...
Investigatio
n and
Monitoring
Powers
and
Functions
 To conduct preliminary conferences/
dialogues/public inquiries, forums re: cases
or incidents involving HRV, or HR issues
which are of national, regional and/or
international importance;
 To issue invitations, subpoenas, orders, or
other processes
7
The CHR ...
Investigati
on and
Monitoring
Powers
and
Functions
 To grant immunity from prosecution to
any person whose testimony or whose
possession of documents or other
evidence is necessary or convenient to
determine the truth in any investigation
conducted by the Commission or under
its authority;
 To cite any person in contempt for
violation of the CHR guidelines and
procedures, in accordance with the Rules
of Court;
 To provide appropriate legal measures for
the protection of the HR of all persons;
8
The CHR ...
Investigatio
n and
Monitoring
Powers
and
Functions
 to provide preventive measures and free
legal aid services to persons whose
human rights have been violated and/or
threatened with violations;
 To provide witness protection and other
assistance to victims of HRV and their
families;
 To issue such orders as may be proper
and necessary at any stage of the
investigation or inquiry proceedings;
 To administer oaths or affirmations in
relation to CHR matters;
9
The CHR ...
Investigatio
n and
Monitoring
Powers
and
Functions
 To monitor Government actions in relation
to compliance of State obligations and in
relation to promotion and protection of
human rights;
 To endorse its findings and
recommendations to competent and
relevant Government agencies or bodies
and other stakeholders, for appropriate
prompt actions;
 To request assistance of any department,
bureau, office or agency of the
Government;
 To issue human rights advisories,
primarily addressed to the Philippine
10
The CHR ...
Investigati
on and
Monitoring
Powers
and
Functions
 To deputize and/or accredit lawyers, legal
aid groups, medical organizations, as well
as government agencies and NGOs,
consistent with existing laws;
 To consider mediation mechanism as a
course of action in addressing certain HR
cases and/or incidents involving economic,
social and cultural rights violations;
 To perform any and all such other powers
and functions as are inherent in a NHRI
and/or investigative body.
11
12
New laws
vesting
Additional
Powers
and
functions
to the CHR
 R.A. 9344 (The Juvenile Justice and
Welfare Act of 2006)
 R.A. 9745 (The Anti-Torture Act of 2009)
 R.A. 9710 (The Magna Carta of
Women of 2009)
 R.A. 9851 (The International Humanitarian
Act of 2009:
 R.A. 10353 (The Anti-Enforced
Disappearance Act of 2012)
 R.A. 10368 (Human Rights Victims
Reparation and Recognition Act of 2013)
CHR Regional Offices &
Sub-Offices / Desk Offices
Where to
file or
report
complaint
s of
HRV; or
seek
CHR
Assistanc
e
C
Region I : San Fernando City, La Union
Region II : Tuguegarao City, Cagayan
Region III : San Fernando City,
Pampanga
Region IV : San Pablo City, Laguna (with
Desk Office at Calapan City, Mindoro
Oriental)
Region V : Legaspi City, Albay (with Sub-
Office in Naga City)
Region VI : Iloilo City (with Sub-Office in
Bacolod City)
Region VII : Cebu City (with Desk Office
at Dumaguete City and Tagbilaran City,
respectively)
13
CHR Regional Offices &
Sub-Offices / Desk Offices
Where to
file or
report
complaint
s of HRV;
or seek
CHR
Assistanc
e
Region VIII : Tacloban City (with Sub-
Office at Calbayog City)
Region IX : Zamboanga City (with Sub-
Office at Pagadian City)
Region X : Cagayan de Oro City (with
Sub-Office at Iligan City)
Region XI : Davao City
Region XII : Cotabato City (with Sub-
Office at Koronadal City)
14
CHR Regional Offices &
Sub-Offices / Desk Offices
Where to
file or
report
complaints
of HRV; or
seek CHR
Assistanc
e
NCR : Quezon City
CARAGA : Butuan City
CAR : Baguio City
15

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Chr scope of jurisdiction _paralegal training

  • 1. The COMMISSION ON HUMAN RIGHTS Legal basis   1987 Constitution of the Philippines (Art. XIII, Sections 17 – 19  Executive Order No. 163, series of 1987  International Human Rights Instruments 1
  • 2. The CHR .... Scope of Jurisdictio n 1) To take cognizance of and investigate on its own or on complaint by any party, all forms of violations and abuses involving civil and political rights, to include but not limited to:  Right to life  Right to liberty  Right to security  Right to respect for one’s dignity  Freedom from slavery and involuntary servitude  Freedom from torture, inhuman or degrading treatment and punishment 2
  • 3. The CHR ...... Scope of Jurisdictio n  Right to protection from enforced disappearance  Freedom from arbitrary arrest, detention or exile  Freedom of movement and residence  Freedom of thought, conscience and religion  Freedom of the press, speech, opinion and expression  Freedom from discrimination  Right to marry and to found a family  Right to own property 3
  • 4. The CHR ... Scope of Jurisdicti on 2) To monitor Philippine Government’s compliance with international human rights treaties, including:  government actions, the manner and/or means of implementation/application of HR related principles, norms and standards in relation to the State obligations to RESPECT, PROTECT and FULFILL the human rights of all persons 2.1) Thus, the CHR shall also:  Conduct investigative monitoring of all economic, social and cultural rights violations/abuses, as well threats of violations thereof, especially the conditions of the 4
  • 5. The CHR ... Investigatio n and Monitoring Powers and Functions  To investigate all forms of human rights violations and abuses involving civil and political rights;  To investigate and monitor economic, social and cultural rights violations/conditions particularly those who are marginalized, disadvantaged and vulnerable;  To conduct fact-finding missions, visits and/or inspections of site of incidents of HRV;  To undertake quick response operations; 5
  • 6. The CHR ... Investigatio n and Monitoring Powers and Functions  To monitor situation of persons deprived of liberties (PDL), as well as conditions of correctional/rehabilitations facilities, holding areas/locked-up cells;  To monitor the trainings conducted for military and law enforcement institutions, including those conducted by private security agencies; 6
  • 7. The CHR ... Investigatio n and Monitoring Powers and Functions  To conduct preliminary conferences/ dialogues/public inquiries, forums re: cases or incidents involving HRV, or HR issues which are of national, regional and/or international importance;  To issue invitations, subpoenas, orders, or other processes 7
  • 8. The CHR ... Investigati on and Monitoring Powers and Functions  To grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by the Commission or under its authority;  To cite any person in contempt for violation of the CHR guidelines and procedures, in accordance with the Rules of Court;  To provide appropriate legal measures for the protection of the HR of all persons; 8
  • 9. The CHR ... Investigatio n and Monitoring Powers and Functions  to provide preventive measures and free legal aid services to persons whose human rights have been violated and/or threatened with violations;  To provide witness protection and other assistance to victims of HRV and their families;  To issue such orders as may be proper and necessary at any stage of the investigation or inquiry proceedings;  To administer oaths or affirmations in relation to CHR matters; 9
  • 10. The CHR ... Investigatio n and Monitoring Powers and Functions  To monitor Government actions in relation to compliance of State obligations and in relation to promotion and protection of human rights;  To endorse its findings and recommendations to competent and relevant Government agencies or bodies and other stakeholders, for appropriate prompt actions;  To request assistance of any department, bureau, office or agency of the Government;  To issue human rights advisories, primarily addressed to the Philippine 10
  • 11. The CHR ... Investigati on and Monitoring Powers and Functions  To deputize and/or accredit lawyers, legal aid groups, medical organizations, as well as government agencies and NGOs, consistent with existing laws;  To consider mediation mechanism as a course of action in addressing certain HR cases and/or incidents involving economic, social and cultural rights violations;  To perform any and all such other powers and functions as are inherent in a NHRI and/or investigative body. 11
  • 12. 12 New laws vesting Additional Powers and functions to the CHR  R.A. 9344 (The Juvenile Justice and Welfare Act of 2006)  R.A. 9745 (The Anti-Torture Act of 2009)  R.A. 9710 (The Magna Carta of Women of 2009)  R.A. 9851 (The International Humanitarian Act of 2009:  R.A. 10353 (The Anti-Enforced Disappearance Act of 2012)  R.A. 10368 (Human Rights Victims Reparation and Recognition Act of 2013)
  • 13. CHR Regional Offices & Sub-Offices / Desk Offices Where to file or report complaint s of HRV; or seek CHR Assistanc e C Region I : San Fernando City, La Union Region II : Tuguegarao City, Cagayan Region III : San Fernando City, Pampanga Region IV : San Pablo City, Laguna (with Desk Office at Calapan City, Mindoro Oriental) Region V : Legaspi City, Albay (with Sub- Office in Naga City) Region VI : Iloilo City (with Sub-Office in Bacolod City) Region VII : Cebu City (with Desk Office at Dumaguete City and Tagbilaran City, respectively) 13
  • 14. CHR Regional Offices & Sub-Offices / Desk Offices Where to file or report complaint s of HRV; or seek CHR Assistanc e Region VIII : Tacloban City (with Sub- Office at Calbayog City) Region IX : Zamboanga City (with Sub- Office at Pagadian City) Region X : Cagayan de Oro City (with Sub-Office at Iligan City) Region XI : Davao City Region XII : Cotabato City (with Sub- Office at Koronadal City) 14
  • 15. CHR Regional Offices & Sub-Offices / Desk Offices Where to file or report complaints of HRV; or seek CHR Assistanc e NCR : Quezon City CARAGA : Butuan City CAR : Baguio City 15