100 Protocols cases involving elderly women, Commission’s lawyers and investigators should remember the following: any relevant treatment, professional help shall be obtained. 1. Similar to the principles in handling women and children victims’ of violence, ensuring the elder’s immediate safety should be the paramount concern. Prior to proceeding with the interview/investigation inquiries should be made into the elderly’s safety and other needs such as medical and psychosocial services or the need for shelter as the case may be. Proper referrals should be arranged with the consent of the elder. 6. Though confirmed to be a mentally incapacitated person by psychiatrist/clinical psychologist, an elder, as an adult, may enjoy the right to privacy for personal data as far as practicable, and may decide what personal information could be disclosed to others and how these information may be used. Whenever the data is not necessary in the keeping of statistics, data on women elders should not be indiscriminately released. In cases of violence, the same should be kept confidential and in separate file as provided in the general principles in handling women’s cases. 2. A woman investigator/lawyer should be assigned in the investigation/interview of women elders. 3. Investigators and lawyers should remember to take the statements in a manner most convenient to the elderly. As far possible, investigators and lawyers should arrange an appropriate adult whom the elder trusts and is familiar with the elder, as a witness to accompany the elder when giving her statement. 4. Though confirmed to be a mentally incapacitated person by a psychiatrist/clinical psychologist, an elder, as an adult, has the right of self-determination as far as practicable. So long as his/her choice does not breach the law and constitutes no threats to his/her own and others’ rights and safety, he/she may choose his/her preferred way of life. 5. If it is disclosed that the elder is receiving regular medical or clinical psychological services, the investigator/lawyer should contact his/ her attending doctor or clinical psychologist who is responsible for the follow-up care, so as to assess the mental condition or mental capability of the elder before deciding whether the elder is fit for giving evidence or not, and in what way the evidence should be given. In case of emergency or if the elder has never received ANNEX 3.B. HANDLING CASES OF GIRL CHILDREN (PROTOCOL 2) General Principles: Rights of children are human rights. Hence, consistent with its Constitutional mandate, in relation to pertinent international and domestic laws on the protection and promotion of the rights of children, the CHR shall take cognizance of, investigate and monitor all forms of violations and abuses against children, as well as track the human rights situation of children in the country and of Filipino children in foreign lands; and ensure that the status, rights and interests of children are upheld at all times. Thus, in handling of child rights cases, the CHR investigators and lawyers shall ensure that the guiding principles set forth under the United Nations Convention on the Rights of Children be respected and given paramount consideration: the best interest of the child; non-discrimination; the right to life and development; and the right of the child to be heard and to participate. doc/family/Procedural%20Guidelines%20(Elder%20Abuse)%20 (Eng)%20(Mar%202013).pdf CHR Gender Ombud Guidelines

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