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Komisyon sa Karapatang Pantao

Commission on Human Rights (CHR)

 is an independent constitutional office created under the 1987


Constitution of the Philippines, with the primary function of
investigating all forms of human rights violations involving civil and
political rights in the Philippines.
 The Commission is composed of a Chairperson and four members.
 Commissioners hold a term of office of seven years without
reappointment.
 Majority of the Commission’s members must be lawyers.
 As a National Human Rights Institution, the Commission enjoys Status
accreditation by the International Coordinating Committee of
National Institutions for the Promotion and Protection of Human
Rights.
Mandates and functions

 The Commission derives its mandates from the Constitution, relevant


domestic laws, and the eight core International Human Rights
Instruments to which the Philippines is a State Party, as well as other
United Nations Human Rights Conventions newly enforced.

 Under Section 18, Article XIII of the Philippine Constitution, the


Commission's sole duty is to protect the civil and political rights of
citizens in the Philippines.
The Three Major Functional Area
of the CHR Mandate
1. Human Rights Protection

 Investigation and case management of complaints of violations,


including all the powers and services in aid of investigation, of civil
and political rights as well as economic, social, and cultural rights.
 Such powers and services include:
• citing for contempt for violations of its rules of procedure
• legal aid and counseling;
• visitorial powers over jails and detention facilities;
• application of forensic techniques in aid of investigation
• witness protection; and, financial assistance to victims
2. Human Rights Promotion,

 Human Rights Promotion, which includes the wide range of


strategies for policy,
 advocacy, promotion, social mobilization, education, training,
 public information, communication, research, networking and
linkages
3. Human Rights Policy Advisory derived from monitoring
government’s compliance with the treaty obligations that
the Philippines has acceded to:

This also includes the entire aspect of monitoring and


evaluating the performance of the Executive,
Legislative, and Judiciary to translate international
human rights standards into national policies, laws, and
practice
Powers and Functions of CHR

1. Investigate, on its own or on complaint by any party, all forms of


human rights violations involving civil and political rights
2. Adopt its operational guidelines and rules of procedure, and cite
for contempt for violations thereof in accordance with the Rules of
Court
3. Provide appropriate legal measures for the protection of human
rights of all persons within the Philippines, as well as Filipinos residing
abroad, and provide for preventive measures and legal aid
services to the under-privileged whose human rights have been
violated or need protection
Powers and Functions of CHR

5. Exercise visitorial powers over jails, prisons, or detention facilities


6. Establish a continuing program of research, education, and
information to enhance respect for the primacy of human rights
7. Recommend to Congress effective measures to promote human
rights and to provide for compensation to victims of violations of
human rights, or their families;
8. Monitor the Philippine Government's compliance with international
treaty obligations on human rights
Powers and Functions of CHR

9. Grant immunity from prosecution to any person whose testimony or


whose possession of documents or other evidence is necessary or
convenient to determine the truth in any investigation conducted
by it or under its authority;
10. Request the assistance of any department, bureau, office, or
agency in the performance of its functions
11. Appoint its officers and employees in accordance with law
12. Perform such other duties and functions as may be provided by
law
The CHR is Composed of:

 The chairperson and commissioners of the commission have fixed


seven-year terms

Qualifications for CHR chairperson are as follows:


 A natural-born citizen of the Philippines;
 At least thirty-five years of age; and
 Has not been a candidate for any elective position preceding
their appointment
CHR as a Constitutional Office

 Under the Article IX of the 1987 Constitution, three constitutional


commissions were established namely:
 the Commission on Elections (COMELEC),
 the Civil Service Commission (CSC)
 the Commission on Audit (COA).
 The Commission on Human Rights (CHR), on the other hand, was
created under the Article XIII, Section 17 of the 1987 constitution
and the Administrative Code of 1987. [19][20]
 In a Resolution of the Supreme Court contained in G.R. No. 155336,
it ruled that the CHR is a .."constitutional body enjoying limited fiscal
autonomy

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