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Protocols
case the child is a deaf-mute, the services of an
interpreter or expert in sign language clearly
understood by the said child shall be necessary;
k. Under any situation, the investigating officer
shall ensure the protection of the right to
privacy of the child. There should be privacy
when interviewing a child to enable him/her to
be open so as not to hinder the ascertainment
of truth;
l. Building rapport with the child may take time.
Hence, it is very important for the investigating
officer to be patient with children. Never force
the child to share hers story when the latter
is not ready to participate in the process of
investigation;
m. The investigating officer shall respect the child’s
personality; and therefore shall treat the child
as a person of worth and dignity;
n. Treat the child with consideration. In no case
should deceit, false promises, intimidation,
threat, or harsh treatment be employed against
the child during the investigation process; and
Post-Interview
o. In the CHR response continuum for the
child-victim, any time during the evaluation,
investigation, resolution and monitoring stage,
the CHR officer concerned handling the case
can refer the child to a specialized agency,
institution or organization for a specific and
immediate intervention or service that the
CHR cannot provide and if such referral be for
the best interest of the child.
p. Should a child victim’s safety and security is
at risk, in danger, or threatened with further
violations, the investigating officer shall
immediately coordinate with the Local Social
Welfare & Development Officer (LSWDO), the
PNP, and barangay officials for the conduct of
rescue operation of the said child, as provided
in the “Protocol for Case Management of Child
Victims of Abuse, Neglect, and Exploitation.”
(The Protocol provides how different
government agencies and their partners can
either work independently or in coordination
with each other. It also provides guidelines to
be observed when assisting a victim of child
abuse, neglect, or exploitation.)
q. The investigating officer should ensure that
information gathered involving a child victim
shall be treated with confidentiality. Even
media shall not be allowed to interview or take
the child’s photo, in accordance with the “Guide
for Media Practitioners in the Reportage and
Coverage of Cases Involving Children.”
The investigating officer shall proceed with
the investigation of the alleged violation, abuse or
exploitation regardless of an execution of an affidavit
of desistance by the child victim/the parents/guardian.
Human rights violations against children are not
subject to compromise or amicable settlement.
When the Child is In Conflict With Law
Pre-Interview
a. The investigating officer, before conducting the
interview of a child in conflict with the law,
shall also inform said child and his/her parents
or guardian of the child’s right to remain
silent and to counsel, which shall be done in a
language spoken and clearly understood by the
child and the parents or guardian;
b. Should the Investigating officer determine at
any stage of the child’s interview that she needs
proper intervention or diversion programs as
required under R.A. 9344 as amended by R.A.
10630, he/she should immediately refer the
child to the appropriate agency, institution or
organization.
Interview Proper
In investigating and interviewing children in
conflict with the law, the CHR investigating officer
handling the investigation or interview shall also
observe the following guidelines:
c. All interviews of a child in conflict with the law,
CHR Gender Ombud Guidelines
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