Commission on Human Rights

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.

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

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

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