Protocols
shall be conducted in a child-friendly room or
child-friendly environment to ensure that the
child can feel comfortable, secure and safe;
d. The presence of the child’s counsel or an
assisting lawyer shall be required at all stages
of the interview of the child, if said child is a
suspect in a case being investigated by the
CHR;
103
Post-Interview
l. The child shall sign or thumb mark her
statement, depending on her age and level
of mental ability. This shall be done in the
presence of her parents or guardian and/or her
counsel or assisting lawyer;
e. The investigating officer must talk the child’s
language, and avoid using technical terms.
If possible use the vernacular or the child’s
dialect;
m. The parent or guardian, or the social worker
and the child’s counsel or assisting lawyer shall
also be required to sign the written statement
of the child, which shall be sworn to before any
officer of the CHR authorized to administer
oath.
f. The CHR investigating officer may seek the
assistance of an interpreter whom the child can
understand and who understands the child. In
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;
n. The investigating officer should ensure that
information gathered involving a child
in conflict with law shall be treated with
confidentiality, including the case records. The
disclosure of confidential records may only be
done upon Order of the Court.
g. 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 her to be
open so as not to hinder the ascertainment of
truth;
o. Even media shall not be allowed to interview or
take the child’s photo, as provided in the “Guide
for Media Practitioners in the Reportage and
Coverage of Cases Involving Children.” nor
would they be allowed to access the records of
the child.
h. Gaining the child’s trust may take time. Hence,
it is very important for the investigating officer
to be patient with children. Never force the
child to share when the latter is not ready to
participate in the process of investigation;
p. Ensure that the child is detained only as a last
resort. Should the investigating officer finds
that the child is detained in jail rather than
placed in Bahay Pag Asa or under the custody
of parents/guardians as required under R.A.
9344 as amended by R.A. 10630, he/she
should immediately make interventions and
recommend that the child be placed in custody
other than detention in jails, for the best
interest of the child.
i. The investigating officer shall respect the
child’s personality even if she is alleged to be a
CICL; therefore he/she shall treat the child also
as a victim and a person of worth and dignity;
j. 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
k. The investigating officer shall reduce to writing
the child’s statement;
CHR Gender Ombud Guidelines
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