The Commission on Human Rights (CHR) has lauded the proposed amendments to two laws that would strengthen the protection of the rights, dignity, and welfare of the country's domestic workers or kasambahay.

In a statement, the CHR referred to the amendments to Republic Act No. 10361, the Domestic Workers Act or the Batas Kasambahay, and Article 310 of the Revised Penal Code (RPC) on qualified theft introduced by Sen. Raffy T. Tulfo.

The amendments were introduced by Senator Tulfo in response to the severe abused suffered by Kasambahay Elvie Vergara from the hands of her employers.

One of the proposed amendments in the Article 310 of the RPC is to replace the term "domestic servants" to "domestic workers."

"CHR supports this amendment as the current term reflects the emphasis on class distinctions and tolerance of social injustice in the past," the CHR said.

"Further, it ensures that the Constitution’s declaration of valuing the dignity of every human person is upheld by guaranteeing proper and equal representation of every individual in the law. It also removes the prejudicial undertones and inferior view towards domestic workers embedded in the term," it said.

The CHR said that the very nature of the work of kasambahays actually make them vulnerable to abuse, since they often work alone without any co-workers. While Batas Kasambahay offers protection to workers, the commission said this has not been enough to keep some employers from abusing and maltreating their kasambahays.

It said that theft is often a topic of dispute between employers and kasambahays. In Tulfo's proposed amendment, kasambahays will be removed from the provision on qualified theft.

It noted that Article 310 of the RPC states that qualified theft is punishable "if committed by a domestic servant, or with grave abuse of confidence." However, Tulfo said that some employers have been using qualified theft as a means to scare their kasambahays to obedience.

"Qualified theft should only punish those given clear trust and confidence with property of the owner," Tulfo said in his proposed amendments.

The CHR fully agreed. "While mutual trust and confidence exist between a kasambahay and employer, there are also many other similar professions that necessitate such level of trust and confidence. Therefore, it is discriminatory to single out domestic workers based on the said grounds. The law must avoid perpetuating existing culture of abuse considering that the said provision has been used by employers to threaten their kasambahay."

At the same time, the CHR welcomed the proposal to establish emergency hotlines in every barangay (village) so that domestic workers in distress have a lifeline to call whenever they need it.

It said other services must also be provided for kasambahays in distress, such as temporary shelter, counseling sessions, legal/medical/psychological services, financial assistance or livelihood, job placement, or even repatriation to their place of origin.

It also urged the government to enhance information dissemination on Batas Kasambahay since only 41 percent of Filipinos are aware of the law based on the 2020 survey conducted by the Philippines Statistics Authority and the Department of Labor and Employment.

"We urge the government and local government units to strengthen their efforts to increase awareness and understanding of relevant laws that uphold the rights of kasambahays," the CHR said.

It recommended "the setting up of Barangay Human Rights Action Centers (BHRAC) based on the Joint Memorandum Circular No.1, s. 2014 of the Department of the Interior and Local Government and CHR, which 'aims to empower ordinary citizens to take the lead in the promotion and protection of human rights at the barangay level.'"

"BHRAC may take the task of conducting information campaign on the Batas Kasambahay and other relevant human rights laws, including possibly monitoring cases of abuses of domestic workers and other vulnerable sectors," the CHR added.