Protocols
insensitive nor humiliating remarks whether
seriously or jokingly that could make embarrass
the victim or make her feel uncomfortable. The
use of vulgar language during the interview
should be avoided and investigators and
lawyers should always refrain from exhibiting
hostile attitudes towards women.
• Ensure that, in the course of the interview,
lawyers/ investigators must listen very well to
what the woman-victim is saying; and observe
what she does not say or hesitates to open up
as a possible sign of confusion, trauma, or
shock; and be able to determine the immediate
need for referral of the woman-victim to
professional counselling and other support
services, as the case may be;
• During the interview, present the different
options available to the woman survivor
while at the same time respecting the woman’s
decision with respect the progress of the case;
Option for support services offered by the
Government and NGOs shall be provided,
and assistance in seeking protection orders
shall be provided whens so requested.
• Ensure that the information gathered,
including the case records and real identity
of the victim shall be treated with utmost
confidentiality in accordance with the law.
Post Interview
• Inform the woman of the process to be followed
in the case and provide contact numbers for
purposes of follow-up and monitoring;
• Understanding that the provision of legal
services is but one of the needs of women
victim-survivors, the investigator shall at all
times ensure that appropriate referral be made
for medical, psychosocial, and other support
services. Importance of such services shall be
explained to the woman-survivor.
97
Specific concerns to the more vulnerable within the
women sector
• Indigenous Women
The Constitution advocates for the promotion
and protection of the rights of indigenous cultural
communities (ICCs) or indigenous peoples (IPs)
in the country, they being among the vulnerable,
marginalized and disadvantaged sectors. To give
teeth to this constitutional mandate, Congress enacted
Republic Act No. 8373, otherwise known as “The
Indigenous Peoples’ Rights Act of 1997” ensuring
respect for the inherent and inalienable distinct
character, sacred human dignity, and unique identity
of indigenous peoples as peoples.151 Sec. 25 of the
same law provides that “the indigenous cultural
communities/indigenous have the right to special
measures for the immediate, effective and continuing
improvement of their economic and social conditions,
including in the areas of employment, vocational
training and retraining, housing, sanitation, health
and social security. Particular attention should be paid
to the rights and special needs of indigenous women,
elderly, youth, children and differently-abled persons.”
Indigenous peoples often have much in common
with other neglected segments of societies, i.e. lack of
political representation and participation, economic
marginalization and poverty, lack of access to social
services and discrimination152.Women IPs are special
class within a vulnerable class, they being more
vulnerable to abuse, exploitation and discrimination.
Recognizing the vulnerability of Indigenous
Women, investigators, lawyers and other officers
involved in the protection and promotion of women’s
rights shall observe cultural sensitivity in the conduct
of human rights investigation and in the provision of
legal aid and support services. This means:
1. That investigators and lawyers assigned in
investigating human rights complaints of
indigenous peoples, specially indigenous
women and children should be duly trained in
the field of indigenous people’s human rights
151 IPRA, Section 4(d).
152 UNPFII Factsheet of Indigenous Peoples
CHR Gender Ombud Guidelines
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