Approval of the CHR Child Protection Policy

May 4, 2015

RESOLUTION CHR (IV) NO. POL 2015-007

WHEREAS, Article II, Section XI of the 1987 Philippine Constitution provides that "The State values the dignity of every human person and guarantees full respect for human rights;"

WHEREAS, Article XIII, Section XVII mandated the Commission on Human Rights (CHR), an independent constitutional office to investigate violations of human rights against Filipinos here and abroad and to establish a continuing program of research, education and information to enhance respect for the primacy of human rights;

WHEREAS, one of CHR's very important mandates is to monitor Philippine government's compliance with international human rights instruments. These include the United Nations Convention on the Rights of the Child (UN CRC), and its two Optional Protocols, on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography;

WHEREAS, the Convention on the Rights of the Child ratified by the Philippines on 26 July 1990 stresses the rights of children to survival, protection, development, and participation in governance to be implemented using the principle of the best interest of the child;

WHEREAS, Presidential Memorandum Order No. 257 dated February 7, 1995, mandated the operation of the Child Rights Center (CRC) of the Commission on Human Rights;

WHEREAS, under the Juvenile Justice and Welfare Act of 2006, the existing Child Rights Center of the Commission on Human Rights should ensure that the status, rights and interests of children are upheld in accordance with the Constitution and the international instruments in human rights;

WHEREAS, for lack of law on ombudsman which would be the voice and representative of children that would contribute significantly in the promotion and protection of their rights, the CHR in 2007 declared itself in Resolution CHR (III) No. A2007-129 as the Ombudsman for Children;

WHEREAS, pursuant to its mandate as an institution that promotes and protects the rights of children, it is the CHR's duty and obligation to ensure that its officers and employees are not the ones violating the rights of children;

WHEREAS, to enable all CHR officials and staff to take all reasonable precautions to prevent any harm to children and to prepare them to deal with any incident that might occur while they are working or dealing directly with children, the "CHR Child Protection Policy" has been developed;

WHEREAS, after a series of writeshops, workshops and consultations conducted by the Child Rights Center participated in by the central and regional offices, the CHR Child Protection Policy has been finalized;

NOW, THEREFORE, in compliance with its role as the institution which should ensure that the rights, status and interests of children are promoted and protected, and as the Child Ombudsman, the Commission hereby RESOLVES to approve the "CHR Child Protection Policy."

SO RESOLVED.

Done this 4th day of May 2015, Quezon City, Philippines.

(SGD.) LORETTA ANN P. ROSALESChairperson

(SGD.) MA. VICTORIA V. CARDONACommissioner

(SGD.) NORBERTO DELA CRUZCommissioner

(SGD.) JOSE MANUEL S. MAMAUAGCommissioner

ATTESTED BY:

(SGD.) MARIA ASUNCION I. MARIANO-MARAVILLACommission Secretary

ATTACHMENT

Commission on Human Rights

I. Introduction

Article II, Section XI of the 1987 Philippine Constitution provides that "The State values the dignity of every human person and guarantees full respect for human rights."

Likewise, Article XIII, Section XVII mandated the Commission on Human Rights (CHR), an independent constitutional office to investigate violations of human rights against Filipinos here and abroad and to establish a continuing program of research, education and information to enhance respect for the primacy of human rights. One of its very important mandates is to monitor Philippine government's compliance with international human rights instruments. These include the United Nations Convention on the Rights of the Child (UN CRC), and its two Optional Protocols, on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography.

Presidential Memorandum Order No. 257 dated February 7, 1995, mandated the operation of the Child Rights Center (CRC) of the CHR. Further, under the Juvenile Justice and Welfare Act of 2006, the existing Child Rights Center of the Commission on Human Rights should ensure that the status, rights and interests of children are upheld in accordance with the Constitution and the international instruments in human rights. Under this premise and for lack of law on ombudsman which would be the voice and representative of children that would contribute significantly in the promotion and protection of their rights, the CHR in 2007 declared itself as the Ombudsman for Children. Accordingly, it stated:

". . . the Commission reiterates its acknowledgment and recognition of the Child Rights Center as the operating arm of the Commission as Ombudsman for Children. It shall continue to provide policy directions in standard-setting, capacity building and development of child-rights programs to be implemented by the Commission. Further, regional offices shall have Child Rights Units for children to help ensure the maintenance of the special status for children in the delivery of all human rights services and programs in every level of the organization."

It is in this context that the CHR developed this Child Protection Policy (CPP). Since we are an institution that promotes and protects the rights of children, it is our duty and obligation to ensure that we are not the ones violating them. We are an institution which interacts with children, the policy will help the Commission know how to recognize and respond to abuse, exploitation and violence within the Commission. The policy and guidelines will enable all CHR officials and staff to take all reasonable precautions to prevent any harm to children and will also prepare them to deal with any incident that might occur while they are working or dealing directly with children.

II. Purpose

This policy provides a framework for ensuring children are protected across CHR programs and activities.

This policy applies to anyone who works with children in connection with the activities and programs of the CHR.

III. Policy Statement

The Commission on Human Rights recognizes that children are among the most vulnerable groups in our society. It is imperative that their rights be upheld and protected at all times.

The CHR is committed to protecting children from abuse, neglect, exploitation and discrimination regardless of gender, ethnicity, socio-economic background, culture, nationality and political belief.

The CHR is desirous of providing children a safe environment for all children it works with through the implementation of child-safe programs, policies and procedures.

The CHR likewise encourages its partners and all other stakeholders to create a child-safe and friendly environment in the discharge of their mandates, programs and activities.

IV. Objective

The CHR Rights-Based Child Protection Policy aims to guarantee at all times the protection and safety of children involved in any activity conducted, initiated and/or supported by the CHR.

V. Scope of Implementation

This Rights-Based Child Protection Policy shall apply to all Commission on Human Rights personnel and program implementation partners.

All employees of the Commission, regardless of status of service, are expected to observe the policy. This covers CHR officers and staff stationed in the Central, Regional and Sub-Offices and all contract of service staff at the Central, region and sub-region whose services are paid for by the Commission.

VI. Definition of Terms

a) Child — refers to a person below eighteen (18) years of age or one over said age and who, upon evaluation of a qualified physician, psychologist or psychiatrist, is found to be incapable of taking care of him/herself fully because of a physical or mental disability or condition or of protecting him/herself from abuse. (IRR, RA 7610)

b) Child Abuse — refers to the infliction of physical or psychological injury, cruelty to, or neglect, sexual abuse or exploitation of the child. (IRR, RA 7610)

c) Child in Conflict with Law (CICL) — refers to a child who is alleged as accused of, or adjudged as, having committed an offense under Philippine Laws. (R.A. 9344)

d) Child participation — States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.

e) Child Protection — States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members. (UN CRC Article 2)

Child Protection, also means, the protection of children from all forms of abuse, neglect, cruelty, exploitation or discrimination based mainly on the special protection provisions of the Convention on the Rights of the Child. (Comprehensive Program on Child Protection)

f) Child Protection Committee — is tasked to receive and investigate non-compliance of CHR staff, personnel and contract of service staff with the Child Protection Policy. It is Chaired by a Commissioner in charge of children, and consists of the Executive Director/Regional Director, Officer-in-Charge of the CRC, Human Resource Management Officer, and a rank and file representative. They are likewise tasked to make a recommendation to the En Banc for its resolution.

CPC will also act as overall coordinator of all efforts to implement the CHR Child Protection Policy, whether for policy development or reform, based on gathered data on incidents of child abuse, neglect abuse, neglect, cruelty, exploitation or discrimination based mainly on the special protection provisions of the Convention on the Rights of the Child.

g) Child Witness — is any person who at the time of giving testimony is below the age of 18 years. (SC Rules on Examination of a child witness)

h) CHR employee — refers to permanent/regular, contractual/temporary, casual who is appointed or whose contract is approved by the Commission.

i) Code of Conduct — sets standards of behavior of CHR officials and employees. It is not about operational and procedural details. It seeks to recognize and uphold the identified core values and beliefs that are expected from a national human rights institution. The Code adheres to the framework of generality, flexibility, adaptability, accessibility, and comprehensiveness. It is simple, concise and readily understandable by the CHR officials, employees and the public.

j) Data Collectors — refers to individual, group, organization, or agency requesting raw data of the research instruments. It also refers to CHR employees, other than those who already have access to data by the nature of their function, who gathers information for research.

k) Ombudsman for Children — refers to the functions enumerated under CHR (III) Resolution No. A2007-129 (As Annex to this Policy).

l) Volunteers — refers to those who extends their services, pro bono, to the Commission or the cause of human rights such as, but not limited to:

a. Barangay Human Rights Action Officers (BHRAO),

b. Student on-the-job trainees,

c. Interns,

d. Researchers

VII. Declaration of commitment

The CHR commits to protect and promote the rights of children and ensure the adoption and implementation of a child friendly Programs, Activities and Projects (PAPs). This includes protection of children within CHR premises and in CHR initiated and supported activities.

VIII. How to ensure above commitments are met

To ensure that commitments are met, the CHR should undertake the following:

• Recruitment procedures for staff and volunteers

o Recruitment Examinations given by the Human Resource Development Division (HRDD) should include questions on children's rights which qualified applicants should also pass as a pre-requisite to their entry to the CHR. The questions should be hypothetical and creating scenarios wherein the applicant will be adjudged based on his supposed plan of action as a human rights worker and/or child protector. There should at least be a determination of parameters/criteria acceptable to the Commission within which an applicant should be able to meet before s/he can be accepted.

o Development of an Orientation program for newly hired employees, which includes basic knowledge of human rights and all the HR instruments to which the Commission is supposed to monitor the implementation, including the Convention on the Rights of the Child and its protocols.

o Newly hired employees should sign a Child Protection Policy Commitment Form developed by the Child Rights Center (CRC) after recruitment and orientation on Children's Rights and CPC.

• Educating the organization on child abuse and the child protection policy

o All staff, personnel and contract of service staff should undergo compulsory orientation/training on the CHR Protection Policy. Directors and/or Division Chiefs should ensure that their staff follow the policy at all times. Non-compliance shall be dealt accordingly by the Child Protection Committee.

o The HRDD is tasked to conduct inventory on the level of learning/training of CHR staff to be able to come up with specialized and continuous trainings specific to job functions. The continuous level of learning for all employees will ensure that a scheduled training/learning/capacity building sessions will be conducted depending on the work that an employee is expected to do.

o The CRC and the HRDD should develop a training program on the CHR Child Protection Policy.

• Prevention

o All staff, personnel and contract of service staff should sign a Child Protection Policy Commitment Form. Members of the Child Protection Committee should likewise sign a Child Protection Policy Commitment Form for CPC members.

o Copies of the Child Protection Policy and the flowchart on how to report/file cases should be displayed in conspicuous areas of the Central and Regional Offices.

• Office Structure

o The General Administration Office (GAO) is tasked to conduct an inventory/assessment of office facilities pertaining to CPP. This includes determination which among ROs is in need of assistance in developing Child Friendly Spaces.

o CHR premises is safe for children and compliant to accessibility law (e.g., children with disability).

o Child-friendly interview rooms should be established to ensure privacy and confidentiality of information of child victims, and to ensure that the child will feel comfortable, secure and safe.

o Child care/Breast feeding/Nursing facility wherein parents may opt to bring their child to the office should be established. The Commission should assign well-trained personnel to man this child care.

o Plantilla position should be created for the personnel who will be in charge of the child care room (the personnel should undergo continuous training on child care).

• Involving children and young people

o On matters concerning children, their involvement and participation should be ensured by the Commission.

o Encourage regularly holding of Family Day (once a year) extends well beyond a day of fun and laughter. Its benefits can help not only the employees but most especially their children to feel good about themselves and each other, spend time with their parents and appreciate the work their parents do.

IX. Code of Conduct

In the performance of its obligation to respect, protect and fulfil the rights of the child, the following shall be observed at all times:

1. Observe and respect the guiding principles of the rights of children.

2. Ensure the right to privacy of children.

3. Consider vulnerability of children.

4. Be sensitive to children's needs, taking into account their gender/sex, age, culture, ethnicity and disability.

5. Use verbal and non-verbal languages which are child appropriate.

6. Refrain from exhibiting inappropriate behavior in the presence of children.

7. Observe utmost confidentiality in dealing with cases involving children.

8. Encourage and promote child participation.

9. Advocate for a child-friendly culture in the CHR and among CHR personnel.

Further, guidelines in the performance of specific functions are as follows:

A. Advocacy Activities for Children

1. Obtain parental/guardian consent.

The CHR and its partners shall send a written communication to the proper authorities (e.g., parents/guardians, teachers, school heads, social workers, etc.) in charge of the invited children. Included in the communication are the objectives of the activity, expected participation of the child/children, duration of the activity and the request for the child/children to be excused from their regular schedule, if needed.

2. Trained Child Rights Advocates

Advocacy on Children's rights must be conducted by CHR staff/personnel who have undergone training on children's rights.

3. Training Venue

Trainings/activities must be conducted in a child-friendly environment conducive to learning. It should be ensured that the venues where CHR activities or where CHR partners conduct their activities, do not have any reputation of violating human rights standards and principles.

4. Transportation and Mobility

Children to be ferried should have proper coordination from parents/guardians/schools/organizations/institutions to ensure their safety and security. They should always be accompanied by responsible adults.

5. First Aid Kits & Medical Attention

First Aid kits should always be available and medical attention should be immediately secured if needed. Likewise, personnel should also be trained on First Aid.

B. Celebratory Events

CHR organized events for children should ensure that the featured talent, costume, props, music, language should be child appropriate and not in any way dangerous, provocative or exploitative.

C. Research

All staff conducting research or those who are contracted to do a research should be guided by this policy as it acknowledges that disclosures of child abuse, neglect, cruelty, exploitation or discrimination may come in different venues such as during data gathering in the conduct of research, rapid appraisal, and workshops.

In gathering data for a research, the methodology may require direct interviews with a child respondent, and/or focus group discussions (FGDs) with child participants. In these venues for data collection, the following guidelines shall be observed:

a. No child must be harmed and every child must be protected in the study. During the data collection, it is important that the researcher obtains a secure space for answering the research instrument/s. He/She must make certain that no one who could be a possible threat is around the vicinity. The researcher should ask them politely to leave the premises.

b. The questions to be asked in data gathering/interviews should have been reviewed to be child appropriate.

c. During the course of the interview, if the child prefers NOT to answer a question, it should be respected.

d. The researcher assures the participants that the completed research instrument/s will not be seen by anyone except the research team.

(1) The child with the appropriate guidance from the parents or guardians will be allowed to see his/her answered research instrument/s;

(2) If it is for the best interest of the child, the parent or guardian of the child will only be allowed to see the completed research instrument/s after it has been reviewed by the research team;

(3) Data collectors shall sign an agreement that they will keep the raw data of the research instrument/s confidential.

e. When an abusive situation for a child/children is discovered by data collectors, or when a participant confides that he/she is experiencing abuse, the data collector shall immediately report to concerned authorities and arrange for an appropriate intervention on the case.

D. Visitation

CHR, in the exercise of its visitorial power over jails, prison, detention and rehabilitation centers and similar facilities and structure, should be guided by Rule 17 of the Guidelines and Procedure in the Investigation and Monitoring of Human Rights Violations and Abuses, and the Provision of CHR Assistance ("CHR Omnibus Rules of Procedure" for brevity). In addition, preferably, CHR officers and personnel who have appropriate training on children's rights shall visit youth rehabilitation center, youth detention home or any facility primarily intended for children in conflict with the law (CICL).

In the conduct of visitation to other detention facilities, such as jails, lock-up cells, custodial centers, and psychiatric centers, CHR personnel should take appropriate and immediate action to protect the rights of the CICL, such as:

a) Assessment of the validity and legality of detention;

b) Filing of appropriate motion for the immediate release or transfer of the CICL to Bahay Pag-Asa as provided by RA No. 9344 as amended by RA No. 10630;

c) Coordination and referral to government agencies and accredited NGOs for intervention (medical, counseling, transfer of custody, etc.); and

d) In depth monitoring of the services provided by the government and other partners.

 Note: CHR to ensure that the partners handling cases of CICL should undergo proper training through inter-agency activities, to include assessment of capacity of service providers.

E. Legal Assistance and Counseling

Children whose human rights were violated or threatened with violations shall be given priority in the Legal Assistance and Counseling services of the Commission. It shall be governed by Rule 20 of the CHR Omnibus Rules of Procedure.

F. Investigation

Investigation and interview of children-victims of human rights violations and other forms of abuse shall be governed by Section 6, Rule 9 of the CHR Omnibus Rules of Procedure. This also applies in the interview of children in conflict with the law whenever applicable and in the best interest of the child.

In addition, the following must be observed to ensure privacy and confidentiality during interview and investigation:

1. Cover of the case folders involving children (whether as a victim, as a witness or as the alleged perpetrator) shall not disclose the identity of the child. At most, only the case number should be visible in the case folder. Appropriate codification shall be devised to conceal the true identity of the child.

2. All records pertaining to cases involving children shall be strictly confidential and no information relating thereto shall be disclosed except upon order by the Commission En Banc, or a Commissioner (if the matter is urgent), or upon order by a competent court. Only the Regional Director, investigator, and/or lawyer in-charge of the case should have access to the case folder.

3. All cases involving children shall be properly recorded in a separate log book which shall likewise be kept confidential.

4. Casual discussion of the facts and details of cases involving children is strictly prohibited.

5. Each Regional Office must have a child-friendly room where interview of children may be conducted in privacy. All interviews should be conducted in a suitable environment and carried out using the language that the child uses and understands.

6. Investigation on cases involving children shall be conducted as promptly as possible, unless delays are for the best interest of the child.

7. To avoid multiple victimization, every regional office should have a one-stop shop for the investigation of child related cases. One-stop shop should include participation of stakeholders and service providers, through a Memorandum of Agreement (MOA), such as, but not limited to:

a. Philippine National Police and/or National Bureau of Investigation

b. Department of Social Work and Development

c. Department of Health for the psychological assessment

Note: Please refer also to The Protocol for Case Management of Child Victims of Abuse, Neglect and Exploitation developed in 2013 by the Committee for the Special Protection of Children for better coordination of stakeholders and service providers. (As Annex to this Policy)

G. Forensic Science

If there is a need to avail of forensic and medico-legal services for a child, Rule 16 of the CHR Omnibus Rules of Procedure should apply.

Preferably, Medico-Legal Officers with appropriate training on children's rights should provide forensic and medico-legal services to child victim. Should the victim be a girl-child, a female Medico-Legal Officers shall provide the forensic and medico-legal services, or in her absence, a male medico-legal officer, provided a female witness should be present in the duration of the examination.

For psychological evaluation the Commission should create a position of a Psychologist for every regional office. The role of the Psychologist is to conduct psychological evaluation.

The Medical records/reports of the child shall not be divulged even to CHR personnel who are not involved in the process/investigation, unless written consent of the child's parents/guardians is validly obtained.

H. Witness Protection

Child witnesses shall be afforded protection consistent with section 13, Rule 19 of the CHR Omnibus Rules of Procedure. Child witnesses shall be subject to special protection as may be required by their age and circumstance. Any qualified child witness shall immediately be referred to the Department of Social Welfare and Development (DSWD) or other child-caring agency with which the Commission has an existing Memorandum of Agreement or arrangements. Under exceptional circumstances and in the best interest of the child, as it may deem necessary, the CHR shall place the child under its direct custody, care and protection. Custody should not hamper the welfare of the child. The CHR should ensure and facilitate access of the child to education.

Further, the security officer assigned to the child witness shall have undergone training on handling children. CHR personnel, including those contracted workers shall not disclose, directly or indirectly the names and personal circumstances of the child-witness or any other information tending to establish their identities.

The same guidelines shall also apply to children-dependents of a witness.

I. Financial Assistance

Children whose rights are violated are entitled to financial assistance in accordance with Rule 21 of the CHR Omnibus Rules of Procedure. Confidentiality and security of record pertaining to financial claims involving violation of the rights of the child shall be strictly observed.

J. Public Relations and Media

Information regarding children shall be treated with utmost confidentiality at all times.

The best interest of the child must prevail over public access to information.

K. Monitoring

The CHR shall monitor all child cases investigated, referred to and filed by CHR with the courts and other appropriate agencies.

The Commission shall enter into a Memorandum of Agreement with the Supreme Court and the Department of Justice to allow the CHR lawyers or its authorized personnel to acquire access to documents relative to child cases initiated and/or assisted by the CHR.

The rule on confidentiality must at all times be observed.

X. How to report and respond to violations

• Regional Office

A client/employee can file a complaint in violation of the Child Protection Policy against any of the employees of the Regional Office. The Regional Director (RD)/Officer-in-Charge (OIC) shall verify the complaint and call the attention of the concerned staff/employee through a memorandum. The memorandum will be included in the 201 file.

The matter will be referred/endorsed by the RD/OIC to the Child Rights Center. When the RD/OIC is being complained, it can be filed directly to the Child Rights Center in the Central Office. The RD/OIC is automatically inhibited from the CPC.

Upon receipt of the complaint, the CRC shall immediately convene the Child Protection Committee (CPC). The CPC will make a validation/assessment based on the protection policy of the Commission within sixty (60) working days. The Committee will then render and submit a recommendation/decision to the Commission En Banc for the latter's proper action.

The CEB, after reviewing the findings and recommendation of the Committee will issue the corresponding Resolution.

In case there is a motion for reconsideration, the CEB will decide on the motion within thirty (30) working days from receipt of such motion.

• Central Office

A client/employee can file a complaint in violation of the Child Protection Policy against any of the employees of the Central Office to the Child Rights Center. Upon receipt of the complaint, the CRC shall verify the complaint and call the attention of the concerned staff/employee through a memorandum. The memorandum will be included in the 201 file. The CRC shall then immediately convene the Child Protection Committee (CPC).

When the Head of the CRC or any member of the CPC is the one being complained, it can be filed to the CEB. The CEB will then create a special CPC.

The CPC will make a validation/assessment based on the protection policy of the Commission within sixty (60) working days. The Committee will then render and submit a recommendation/decision to the Commission En Banc for the latter's proper action.

The CEB, after reviewing the findings and recommendation of the Committee will issue the corresponding Resolution.

In case there is a motion for reconsideration, the CEB will decide on the motion within thirty (30) working days from receipt of such motion.

XI. Monitoring of CHR Child Protection Policy

All CHR staff shall consciously ensure that the Child Protection Policy is observed in all contexts it is expected to be applied, including but not limited to, in the conduct of investigation, legal counseling, visitation, advocacy, researches, workshops, and consultations.

Guidelines stated in this policy must be observed in the conduct of all activities where the participation of children is included.

Monitoring and implementation of this policy shall be undertaken by the Child Protection Committee. In case of failure or lapse to comply with the said policy, it shall likewise be dealt with by the Committee.

The committee shall come up with a data base (module in connection to automation) of activities in relation to CPC for proper monitoring, coordination and data gathering to further protect and promote the rights of children.

XII. Management structure indicating focal unit or person in charge of implementation

A CHR Child Protection Committee should be convened whenever the Commission is confronted with child protection issues/incident. The Committee is tasked to receive and investigate non-compliance of CHR staff, personnel and contract of service staff with the Child Protection Policy. It is Chaired by a Commissioner in charge of children, and consists of the Executive Director/Regional Director, Head of the CRC, Legal and Investigation Office Director, Human Resource Management Officer, and a rank and file representative. They are likewise tasked to make a recommendation to the En Banc for its appropriate action and resolution.

After the adoption of the CPP, the CPC shall immediately convene and within six (6) months from the adoption, draft the guidelines on the implementation of the CPP, and specify the offenses and its corresponding sanctions depending on the violations. The Regional Offices should also participate in drafting the guidelines and specifying the offenses and its corresponding sanction.

A revision or amendment shall be considered after two (2) years of implementation with recommendations from the CPC.

ANNEX 1

Reporting & Responding System Flowchart