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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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