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Human Rights Commission Overview

The Commission on Human Rights (CHR) is an independent constitutional body that investigates all forms of human rights violations involving civil and political rights, either on its own initiative or upon complaint. It can investigate and make factual findings, but cannot apply the law to resolve cases or determine legal liability. Its jurisdiction is limited to civil and political rights and does not include business or economic rights. The CHR also cannot issue injunctions or cite entities for contempt.

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54 views5 pages

Human Rights Commission Overview

The Commission on Human Rights (CHR) is an independent constitutional body that investigates all forms of human rights violations involving civil and political rights, either on its own initiative or upon complaint. It can investigate and make factual findings, but cannot apply the law to resolve cases or determine legal liability. Its jurisdiction is limited to civil and political rights and does not include business or economic rights. The CHR also cannot issue injunctions or cite entities for contempt.

Uploaded by

topherbes
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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: Art. XIII.

COMMISSION ON HUMAN RIGHTS

Sec. 17: Intended as Independent but: 1. Term of Office 2. Other Qualifications 3. Not impeachable 4. No confirmation 5. Fiscal autonomy? [17. (4) The approved annual
appropriations of the Commission shall be automatically and regularly released. [CHR Employees v. CHR]

18. 1: Investigate on its on or on complaint by any party all forms of human rights violations involving civil and political rights. 1996, No. 1: Distinguish civil rights from political rights and give an example of each right. What are the relations of civil and political to human rights.

Carino v. CHR: It can only investigate, make a fact finding, but not resolve by applying the law to the facts, and thus determine whether someone committed human rights violation. It cannot take cognizance over entities exercising quasijudicial or judicial function.

Simon v. CHR: Its jurisdiction is limited to civil and political rights, not to business rights. EPZA v. CHR: It cannot issue injunctions. The phrase: to provide appropriate measures for the protection of human rights and provide preventive measures does not include that power.

Bar Questions
1997, No. 8: About a hundred people occupied a
parcel of land in Quezon City and built shanties and put up sarisari store and carenderias. The city mayor issued an order directing them to vacate.. The squatters complained to the CHR and the CHR ordered the mayor to cease and desist. Is the order valid? 2001, No. 6 Same 2005, 4: Same + :What is your concept of human rights? Does this case involve violation of human rights within the scope of CHRs jurisdiction? Can it declare the mayor in contempt?

2007, No. 2: writs of injuction

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