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Statement of the Commission on Human Rights on the cease and desist order issued by the Department of Social Welfare and Development to an orphanage in Quezon City

Pursuant to its mandate as Ombud for Children, the Commission on Human Rights (CHR)—through its Investigation Office and National Capital Region (NCR) Office—dispatched a Quick Response Operation team to Gentle Hands Incorporated (GHI), an orphanage in Quezon City, upon cognisance of the cease and desist order (CDO) issued by the Department of Social Welfare and Development (DSWD) on 22 May 2023 due to the alleged violations committed by the said orphanage.

According to DSWD Secretary Rex Gatchalian, GHI was found to be in violation of Republic Act No. 7610 or the Special Protection of Children Against Child Abuse, Exploitation, and Discrimination, and has failed to comply with the minimum standards for residential facilities for children. However, accounts circulating online also claimed that DSWD and police officers who came to retrieve the children the night of 22 May 2023 were armed, causing distress among the children.

As the country’s independent national human rights institution, we underscore the importance of putting primacy on the best interest of children. While we affirm that the serious concerns raised must be acted upon expeditiously, we also stress that it must be dealt with in a manner that is conscious and sensitive to the needs of the children.

We note that DSWD and GHI have both agreed to hold the implementation of the CDO. A dialogue was also held between them on 23 May 2023 to resolve the matter, with CHR lawyers and special investigators present. CHR, nonetheless, will still closely monitor the progress of this case and the situation of the children.

The Commission reminds duty bearers, as well as child rights advocates, that it is crucial that we minimise the risk of further trauma, hurt, or harm to children when conducting investigative and intervention processes. It is only through supportive and encouraging means can we gather accurate and credible information from children, which are necessary in attaining justice. Likewise, approaching these cases with empathy greatly facilitates the success of recovery and support services. ###

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