Protocols
affect the exercise of their civil, political,
economic, social , and cultural rights. Human
Rights workers must at all times strive to
make the investigation process a safe and nonthreatening process for persons with diverse
SOGIE.
4) Investigators and lawyers are also urged to
examine their own bias, prejudice, religious
beliefs, their competencies/limitations in
dealing with the human rights of persons with
diverse SOGIE, and how these will eventually
affect how the investigation of cases involving
persons with diverse SOGIE will be handled.
As pointed by APA, in order to work effectively
with issues related to gender non-conformity
(persons with diverse SOGIE/ LGBTI), there
is a need for service providers to be aware of
their own values and biases regarding sex,
gender, and sexual orientation164. As applied
to investigators and lawyers handling human
rights complaints from persons with diverse
SOGIE, it may be pointed out that there is a
need for self-examination regarding one’s
beliefs, values, negative attitudes towards
homosexuality, and heterosexist bias and
how such attitude will directly affect the kind
of service that lawyers and investigators will
render towards complainants with diverse
SOGIE.
5) There is a need to reiterate the basic human
rights principle that every person is born equal
in dignity and rights, including persons with
diverse SOGIE. There is a need to acknowledge
that homosexuality and bisexuality are not
mental illnesses but are part and parcel of the
diversity of human sexuality. Investigators and
lawyers are called to be “aware of and respect
cultural, individual, and role differences,
including those due to...sexual orientation…
and try to eliminate the effect on their work of
biases based on [such] factors165”
164 American Psychological Association (APA) Guidelines for
Psychological Practice with Lesbian, Gay and Bisexual Clients
(18-20 February 2011)
165 Id
105
6) To better serve complainants/ victim-survivors
who are persons with diverse SOGIE, there a
need for human rights workers to (a) learn how
to distinguish sexual orientation from gender
identity; (b) understand that the notions of
sexual orientation and gender identity are
fluid, (c) recognize the challenges related to
multiple and often conflicting norms, values,
and beliefs faced by persons of diverse SOGIE
who are members of racial and ethnic minority
groups, (d) conduct continuing training on the
human rights of persons with diverse SOGIE,
particularly in dealing with complaints for
discrimination.
Pre-Interview
As much as possible, only CHR personnel who
have received appropriate training on LGBT issues
and in handling cases involving persons with diverse
SOGIE/LBGT persons shall be assigned to conduct
interviews and investigations involving persons with
diverse SOGIE/LGBTI.
CHR personnel who are to conduct the interview
and investigation proceedings should prepare by:
a) First examining their own personal beliefs as
these can be sources of misunderstanding and
may alienate the subject interviewee and thus
have a negative impact on the interview and
investigation.
b) Anticipate that the interviewee has had
previous experiences with discrimination /
apathy at the personal and institutional levels
and may be especially sensitive to signs of bias.
c) Ensure that the venue where the interview
will be held is in a neutral, non-threatening
or “affirmative” setting that will allow the
interviewee to feel comfortable and free in
expressing him/herself.
d) Disclosure of one’s sex at birth, while
mandatory for purposes of accurately reflecting
statistics, disclosure of gender identity should
be optional. This is pursuant to the recognition
that gender identity and sexual orientation
CHR Gender Ombud Guidelines
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