106 Protocols are fluid and the act of requiring a person to subscribe to a particular identity group would only perpetuate oppression. However, once a person identifies to a particular gender identity, respect should be accorded to such choice, regardless if the same conforms or does not conform to her/his sex at birth and regardless of whether a reassignment surgery has been conducted or not. e) While the name at birth shall be duly recorded in the intake form, recognition shall be given to the person’s preferred name which conforms with the gender the person identifies with. In case briefs/case titles and other documents made available to the public, the preferred name and gender identity shall be followed. For records purposes, an explanatory note shall be made on the person’s birth name and sex at birth. Interview a) When unsure on a complainant’s gender identity, investigators and lawyers are advised not to make assumptions. Thus, when describing people use the terms, pronouns and names that they choose. If unsure --- ask. Thereafter using the pronoun for the identity that the complainant chose. Investigators and lawyers are also advised not to assume that all trans and intersex people are lesbian or gay – some are heterosexual or bisexual. b) Investigators and lawyers concerned shall ensure that the interviews (and subsequent investigation) are conducted in a professional and courteous manner which respects the personality (how the subject wishes to be referred to) and the dignity of the subject interviewee. Investigators and lawyers concerned shall learn how the subject interviewee prefers to be referred and shall use this preference throughout the interview and any subsequent meetings with that person. c) The interview and investigation shall be conducted in a manner that avoids sexual stigmatization (directly or indirectly discrediting persons of diverse SOGIE/LGBT identity in relation to heterosexuals) and revictimization of the subject interviewee. d) The CHR shall adopt the use of gender-neutral and “affirmative” language (i.e. using the term “partner” instead of “wife”, “husband” or “spouse”) during the interview and investigation proceedings, and in the forms and paperwork used by the office. As much as possible paper work of the Commission shall reflect the preferred name of the complainant/ victim/survivor, with a separate field for his/ her name at birth. e) The CHR Officers involved shall respect the confidentiality of the proceedings at all times and shall agree with the subject interviewee on how the information given or obtained is to be documented, used, and shared afterwards. Separate records shall be kept for cases involving persons of diverse SOGIE. Post-Interview At the conclusion of the interview and investigation proceedings, the CHR officer concerned shall reassure the subject that his/her concern shall receive the due diligence and attention that it deserves. Contact numbers shall be exchange to ensure that communication lines are open. At the conclusion of the interview and investigation proceedings, the CHR officer concerned shall then make the appropriate recommendations to the Commission for the resolution of the case t and/ or refer the subject to the appropriate agencies for assistance as required. If the case is referred to agencies outside CHR, the CHR officer concerned shall ensure that the Subject will receive the appropriate courtesy and dignity from the receiving agency and shall monitor the progress of the case until its final resolution. The outcomes of such cases may contribute to policy formulation or operations revision. CHR Gender Ombud Guidelines