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Commission On Human Rights (CHR)

The Commission on Human Rights (CHR) is an independent government body established by the 1987 Philippine Constitution to investigate human rights violations involving civil and political rights. It has a broad mandate to protect human rights, promote human rights, and provide advisory on human rights policies. Key powers and functions of CHR include investigating human rights complaints, adopting rules and procedures, providing legal aid, monitoring places of detention, and recommending measures to Congress to promote and protect human rights. The chairperson and commissioners have 7-year terms.

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80 views3 pages

Commission On Human Rights (CHR)

The Commission on Human Rights (CHR) is an independent government body established by the 1987 Philippine Constitution to investigate human rights violations involving civil and political rights. It has a broad mandate to protect human rights, promote human rights, and provide advisory on human rights policies. Key powers and functions of CHR include investigating human rights complaints, adopting rules and procedures, providing legal aid, monitoring places of detention, and recommending measures to Congress to promote and protect human rights. The chairperson and commissioners have 7-year terms.

Uploaded by

Jayson Tasarra
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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COMMISSION ON HUMAN RIGHTS (CHR)

The Commission on Human Rights (CHR) is an independent National Human Rights


Institution (NHRI) created under the 1987 Philippine Constitution, established on 05 May 1987
by virtue of Executive Order No. 163. The Commission is mandated to conduct investigations on
human rights violations against marginalized and vulnerable sectors of the society, involving
civil and political rights.

CHR is an “A” accredited NHRI, fully complying with the Paris Principles adopted by the
United Nations General Assembly in 1995. As an NHRI, the Commission upholds six
fundamental characteristics — independence, pluralism, broad mandate, transparency,
accessibility, and operational efficiency. The Commission commits to deliver prompt,
responsive, accessible, and excellent public ser vice for the protection and promotion of human
rights in accordance with universal human rights principles and standards.

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), and 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. 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..."

HISTORY

The CHR was created as a response to the atrocities committed during Martial Law.
When the 1987 Philippine Constitution was drafted, Article XIII on Social Justice and Human
Rights clearly defined the creation of the Commission.

“There is hereby created an independent office called The Commission on Human Rights...
(to) investigate, on its own or on complaint by any party, all forms of human rights violations
involving civil and political rights ...” (Sec. 17-18, Art. XIII, Philippine Constitution)

The 1987 Philippine Constitution primarily gave CHR the mandate to protect and
promote the rights and dignity of every human being in the country. The State values the
dignity of every human person and guarantees full respect for human rights.
(Sec. 11, Art. II, Philippine Constitution)

The Congress shall give highest priority to the enactment of measures that protect and
enhance the right of all the people to human dignity, reduce social, economic and political
inequalities, and remove cultural inequalities by equitably diffusing wealth and political power
for the common good. (Sec. 1, Art. XIII, Philippine Constitution)
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.

Based on the Philippine Constitution, the Commission has a broad mandate, which can be
categorized into three major functional areas:

 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
 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
 Human Rights Policy Advisory derived from monitoring government’s compliance with
the treaty obligations that the Philippines has acceded to: International Covenant on
Civil and Political Rights (ICCPR), International Covenant on Economic, Social and
Cultural Rights (ICESCR), Convention Against Torture and Other Degrading Treatment or
Punishment (CAT), Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW), Convention Against Racial Discrimination (CERD), Convention on the
Rights of the Child (CRC), Convention on the Protection of Migrant Workers and their
Families (CMW); Convention on the Rights of Persons with Disabilities (CRPD). 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.

The Supreme Court of the Philippines, in Cariño v. Commission on Human Rights, 204 SCRA 483
(1991), declared that the Commission did not possess the power of adjudication, and
emphasized that its functions were primarily investigatory.

The Commission on Human Rights have the following powers and functions:

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
4. Exercise visitorial powers over jails, prisons, or detention facilities
5. Establish a continuing program of research, education, and information to enhance
respect for the primacy of human rights
6. Recommend to Congress effective measures to promote human rights and to provide
for compensation to victims of violations of human rights, or their families;
7. Monitor the Philippine Government's compliance with international treaty obligations
on human rights
8. 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;
9. Request the assistance of any department, bureau, office, or agency in the performance
of its functions
10. Appoint its officers and employees in accordance with law
11. Perform such other duties and functions as may be provided by law

Composition
The chairperson and commissioners of the commission have fixed seven-year terms,
with Gascon serving as the commission's chairperson until May 5, 2022.

Qualifications for CHR chairperson are as follows:

1. A natural-born citizen of the Philippines;


2. At least thirty-five years of age; and
3. Has not been a candidate for any elective position preceding their appointment.

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