GAPS IN ACCESS TO JUSTICE: THE OVERSEAS FILIPINO WORKERS’ EXPERIENCE, AN INITIAL ANALYSIS OF PHILIPPINE JURISPRUDENCE ON LABOR MIGRATION A study by the Commission on Human Rights of the Philippines1 and Atty. Henry S. Rojas2 Lawyers Beyond Borders Philippines, Inc. I. ABSTRACT OR EXECUTIVE SUMMARY In this research study, cases involving overseas Filipino workers (OFWs) that were decided by the Supreme Court in 2015 to 2019 were examined, in conjunction with other online secondary sources, for the purpose of identifying possible gaps/concerns in the migrant/human rights protection regime for OFWs, and to come up with policy recommendations to address such gaps or concerns. The following migrants’ rights concerns were identified in the study: 1. In the OFW cases decided by the Supreme Court in 2015-2019, it took 7.2 years on the average for an OFW money claims case to go through the entire judicial process from the date of filing of the complaint before the National Labor Relations Commission 1 The Commission on Human Rights of the Philippines (CHR) is the National Human Rights Institution (NHRI) of the Philippines. Established by the 1987 Philippine Constitution, the CHR has a general jurisdiction for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection. An “A” NHRI, the CHR complies with the Paris Principles on the Status of National Human Rights Institutions adopted by the UN General Assembly in 1995. The CHR demonstrates the following characteristics of Paris Principles- compliant NHRI: independence, pluralism, broad mandate, transparency, accessibility and operational efficiency. 2 Atty. Henry S. Rojas is the President of the Lawyers Beyond Borders Philippines, Inc., an association of lawyers and paralegals assisting disadvantaged Filipino migrant workers and their families. He was the former Coordinator of the Lawyers Beyond Borders international Network. He has been involved in the advocacy for migrants’ rights and welfare for more than thirty-five years. He is a Senior Partner of the Rojas & Uy Law offices. Atty. Rojas is a graduate of the University of the Philippines College of Law Batch 1996. 2

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