Human Rights

Concepts
and
Principles
EXERCISE 1:
 
In your own words, how would
you define Human Rights?
Human Rights:
 “Basic rights and freedoms
that all human beings have”.
 “No cause is more worthy than
the cause of human rights.
Human rights are more than
legal concepts, they are the
essence of man/woman. They
are what makes man/woman
human. That is why they are
called human rights: Deny them
and you deny man’s or woman’s
humanity.”
Sen. Jose W. Diokno
 QUESTION:
 What happened from1939
to 1945?
SOURCES OF HUMAN RIGHTS LAWS
(History)
 Extermination of 6 Million Jews horrified the
world
 After WW2:
 Nuremberg and Tokyo Trials
 Officials were punished for:
1. War Crimes
2. Crimes against peace
3. Crimes against Humanity
The Birth of UNITED NATIONS
-Bolster International Peace

SOURCES OF HUMAN RIGHTS LAWS

A. International Bill of Human Rights
1. Universal Declaration of Human Rights
(UDHR) 1948
 Adopted by the United Nations GA through the UN
Commission on Human Rights (Eleanor Roosevelt)
 Customary International Law
1. Universal Declaration of Human
Rights (UDHR) 1948
QUESTION:
If UDHR is well developed, why are HUMAN
RIGHTS abused and ignored, time and
time again, ALL OVER THE WORLD?
A. International Bill of Human Rights
1. Universal Declaration of Human
Rights (UDHR) 1948
 Not a “Hard Law”
 No Binding Force- on its own

2. International Covenant on Civil

and Political Rights (ICCPR) 1987
 Right to life, freedom of speech, religion, voting
3. International Covenant on
Economic, Social and Cultural
Rights (ICESCR) 1976

 Right to education, Right to work, Right to food

B. Subsequent International Human
Rights Documents

1. International Convention on the

Elimination of All Forms of Racial
Discrimination (ICERD) 1969

2. Convention on the Elimination of All

Forms of Discrimination Against
Women (CEDAW) 1981
3. Convention on the Rights of the
Child (CRC)(1989)

4. Convention Against Torture and

Other Cruel, Inhuman or Degrading
Treatment or Punishment (CAT)
(1984)
5. Convention on the Protection
of Migrant Workers and their
Families

6. Convention on the Rights of

Persons with Disabilities (2009)
C. Relevant Human Rights Provision of
1987 Philippine Constitution
1. Bill of Rights
 Article III
2. Declaration of Principles and State
Policies
 Article II
3. Social Justice and Human Rights
 Article XIII
 D. Domestic Laws & Issuances
1. RA 8731 - Indigenous Peoples Rights Act
(IPRA)
2. RA 7279 - Urban Dev’t Housing Act
(UDHA)
3. RA 7277 - Magna Carta for Disabled
Persons

4. RA 9262 - Anti-Violence Against Women &

Their Children
5. RA 9208 - Anti-Trafficking Against Persons
Act

6. RA 7610 - Child Abuse Law

7. RA 9344 - Juvenile Justice Welfare Act

8. RA 7438 - Rights of Persons Arrested,

Detained or Under Custodial
Investigation
9. RA 9745 - Anti-Torture Act

10. Specific provisions under Revised Penal

Code relative to human rights
 Basic
Principles
of Human
Rights
First : “None of us asked to be born. And regardless of
who our parents are and what they own, all of us are born
equally naked and helpless, yet with his own hand, his
own will and talents”.
 All of us have equal rights to life, and share the same
inherent human dignity. Thus we all have the right to life,
to dignity and develop ourselves.
- These are traditionally known as the rights of men.
Second: “Even if
we may not know
who our parents
are, we are never
born without
parents, and never
outside society, a
society with its own
peculiar culture,
history and
resources”.
So, besides our rights
as person, we have
rights as society,
rights which we can
exercise collectively as
a people. Thus, we
have the right to
survive, to self
determination and to
develop as a people.
- known as the rights
of the people.
Third : “Once a society
reaches a certain degree
of complexity, as almost all
societies have, society can
act only through
government. But a
government always acts
as agent of the society; it
never becomes the society
it self; it never becomes
the people themselves.
As a society grows as a nation, it enters into
relationships with other governments or states.
Society enters into treaties and agrees to abide
by the International Law. Philippine Constitution
states “The Philippines….adopts the generally
accepted principles of international law, as part of
the law of the land and adheres to the policy of
peace…..with all nations.”
Principles and characteristics
of Human rights :

inherent,
fundamental,
inalienable,
imprescriptible,
indivisible,
universal and
interdependent.
Human rights are INHERENT
because they are not granted
by any person or authority.
They do not need any event
for their existence. Some
examples of these rights are
the right to life and the right
to dignity as human being.
Human rights are
FUNDAMENTAL because
without them the life and dignity
of man will be meaningless.
Some examples of human rights
as fundamental are the right to
individual liberty and security of
a person or freedom of thought
or religion.
Human rights are
INALIENABLE because they
cannot be rightfully taken away
from a free individual. An
example is the freedom from
torture. No authority can validly
and legally torture an individual.
They cannot be given away or
be forfeited.
 "Torture" refers to an act by which severe pain or
suffering, whether physical or mental, is intentionally
inflicted on a person to:
1. Obtain information or a confession;
2. Punishing him/her for an act he/she or a third person has
committed or is suspected of having committed;
3. Intimidate or coerce him/her or a third person; or for any
reason based on discrimination of any kind

Note: Does not include pain or Buffering arising only from,

inherent in or incidental to lawful sanctions.
 Human rights are UNIVERSAL
to all human beings irrespective
of their origin, status or
condition or place where they
live. Human rights are universal
because said rights can be
enforced without national
border.
Human rights are INDIVISIBLE
because they are not capable of
being divided. They cannot be
denied even when other rights
have already been enjoyed.
Examples of these are the
freedom of expression of belief or
opinion. They include the right to
freedom of religion and worship.
Human rights are
INTERDEPENDENT because the
fulfillment or exercise of one right
cannot be attained without the
realization of the other. The respect
of human rights necessarily
includes the realization of man’s
dignity. An example is the right to
life and existence as a person.
These cannot be realized without
the right to work in order to
maintain a good standard of living.
Human rights are
IMPRESCRIPTIBLE because
they cannot be lost even by a
long passage of time. Man does
not lose his rights even if he fails
to use or assert them. Some
examples are freedom of
thought, conscience and religion.
CLASSIFICATIONS OF HR
1. According to Source 4. According to Derogability
a. Natural/Moral Rights a. Derogable
b. Legal Rights b. Non-derogable

2. According to Aspect of Life

a. Civil Rights
b. Political Rights
c. Economic, Social and
Cultural Rights

3. According to Recipient
a. Individual
b. Collective
 Classifications of
 According to Source HR

Natural Rights are GOD given rights, acknowledged

by everybody to be morally good. They are
unwritten but they prevail as norms of society.
Constitutional Rights are those rights which are
conferred and protected by the constitution and
which cannot be modified or taken away by the law-
making body.
Statutory Rights are those rights which are provided
by law, promulgated by the law making body and
consequently, may be abolished by the same body.
Constitutional Rights and statutory rights are
sometimes referred to as legal rights.
 According to Aspect of Life
Civil Rights are those rights which the law will enforce at
the instance of private individual for the purpose of
securing to them the enjoyment of their means of
happiness.

■ Right to Life.

■ Right to liberty

■ Right to freedom from torture

 Civil Rights:
 Right to freedom from discrimination.
 Right to be registered under a name.
 Right to due process.
 Right to be informed of criminal charges.
 Right to be presumed innocent.
 Right to freedom from giving self-
incriminating evidence
 Right to access to relevant information.
 Right to (free) legal assistance.
 Right to choose defense (have a legal
counsel of one’s choosing)
 Right to have adequate time and facilities to

prepare defense.
 Right to defend and be heard in person.
 Right to communication with defense counsel.
 Right to receive, seek and impart information.
 Right to freedom of conscience, opinion and political
belief.
 Right to freedom of religion.
 Right to humane treatment (freedom from
cruel,degrading, or inhuman treatment or punishment).
 Right to freedom from double jeopardy.
 Right to protection from abuse of authority.

 Right to non-retroactivity of penalty (Ex Post Facto

Law).
 Right to appeal.
 Right to security in one’s privacy of home.
 Right to privacy of communication and

correspondence.
 Right to protection of honor and reputation.
 Right to liberty of movement (freedom of travel).
 Right to freedom of residence.
 Right to marry (including right not to enter into marriage without giving free
and full consent).
 Right not to be deprived of property arbitrarily.
 Right to freedom of imprisonment due to
debt.
 Right not to be arbitrarily deported.
 Right to enter a country and leave the
country.
 Right to freedom from racial or religious
discrimination.
 Classifications
 According to Aspect of Life of HR

Political Rights are those rights

which enable us to participate
in running the affairs of the
government either directly or
indirectly.
■ Right to self-determination.
■ Right to freedom of expression
(including press freedom).
■ Right to freedom of assembly.
 Political Rights:
 Right to freedom of association.
 Right to vote and be voted upon.
 Right to political participation (to campaign and/or
participate in party politics, etc.).
 Right to free and periodic elections.
 Right to equal access to public service (including right to be
elected to office).
 According to Aspect of Life
Economic and Social Rights are those
which the law confers upon the people
to enable them to achieve social and
economic development, thereby
ensuring them their well being,
happiness and financial security
■ Right to work.
■ Right to choice of employment.
 Economic and Social Rights:
 Right to own property.
 Right to adequate standards of living.
 Right to access to education.
 Right to found a family.
 Right to respect and protection of the family as the fundamental
unit of a society.
 Right to social security.
 Right to insurance.
 Right to social and medical assistance.
 Right to adequate nutrition.
 Right to social welfare benefits and freedom from indispensable
research.
 Right to enjoyment of scientific advancements.
Cultural Rights
are those that ensure the well-being of the
individual and foster the preservation,
enrichment, and dynamic evolution of
national culture based on the principle of
unity in diversity in a climate of free artistic
and intellectual expression.
■ Right to take part in cultural life.
 According to Recipient Classifications of HR

Individual Rights
are those rights being accorded to individuals.
Collective Rights
(also called “The Peoples Rights” or
Solidarity Rights) are rights of the society,
those that can be enjoyed only in company
with others.
 According to Derogability
 Derogable or Relative Rights – may be
suspended or restricted or limited
depending on the circumstances which
call for the preservation of social life.

EXAMPLE

- right to freely move maybe limited through

the imposition of curfews
- the right to freedom of expression,
freedom of assembly and freedom
of association.
THREE (3) CONDITIONS BEFORE A RIGHT CAN
BE LIMITED/CURTAILED

1. It is only publicly announced or legislated, it is

not by official whim only/ or provided by law;

2. There is a state of emergency which requires

the urgent preservation of the public moral,
public safety and public good;

3. There must be time limit. It must not exceed

what is strictly necessary to achieve its
purpose.
 Classifications of HR
 According to Derogability

Non-Derogable or Absolute Rights

are those that cannot be suspended
nor taken away nor restricted/limited
even in extreme emergency and
even if the government invokes
national security.
There are only seven (7) non derogable rights
or ABSOLUTE RIGHTS under the International
Covenant on Civil and Political Rights:

1. Right to life
2. Freedom from torture or cruel, inhuman
or degrading treatment or punishment

3. Freedom from slavery and slave trade,

servitude or forced or compulsory labor

4. Freedom from imprisonment on the

ground of inability to fulfill a
contractual obligation
Non-Derogable Rights:

5. Right against ex post facto law

6. Right to recognition everywhere as

a person before the law

7. Freedom of thought, conscience

and religion
STATE OBLIGATIONS
State Obligation
States have the first and main
responsibility to respect and protect the
rights of people within their territories or
under their effective control

Human
Human Rights
Rights Violation-
Violation- was
was
reserved
reserved to to describe
describe abuses
abuses committed
committed byby
states
states oror state
state actors/agents
actors/agents –– which
which may
may
include
include law
law enforcement
enforcement personnel,
personnel, military,
military,
or
orcivil
civilauthorities.
authorities.
3 Levels of State Obligations
1. To respect human rights – means to refrain from
interfering with the enjoyment of people’s rights.

2. To protect human rights - means to implement

laws that provide equal protection to all persons
from human rights violations by state authorities
or by non-state actors.

3. To fulfill human rights – refers to the act of

establishing institutions and implementing
systems, mechanisms or procedures that enable
people to claim and enjoy their rights.
DUTIES OF NON-STATE
ACTORS
DUTIES OF INDIVIDUALS TO EXERCISE
RIGHTS RESPONSIBLY

This pertains to duty

of individuals to act
responsibly so as not to
exceed the limits of the
rights.
Photo Courtesy: Internet/Facebook Page
Universal Declaration on Human
Rights (UDHR) Art. 29.
- In the exercise of his rights and
freedoms, everyone shall be subject
only to such limitations as are
determined by law solely for the
purpose of securing due recognition
and respect for the rights and
freedoms of others and of meeting the
just requirements of morality, public
order and the general welfare in a
democratic society.
International Covenant on Economic,
Social & Cultural Rights (ICESCR) and
International Covenant on Civil &
Political Rights (ICCPR) Preambular
paragraphs:

- Realizing that the individual,

having duties to other individuals and to
the community to which he belongs, is
under a responsibility to strive for the
promotion and observance of the rights
recognized in the present Covenant.
GENERAL DUTIES OF INDIVIDUALS
TOWARDS OTHERS AND COMMUNITY
Civil Code of the Philippines

Art. 19 - Every person must, in

the exercise of his rights and in
the performance of his duties, act
with justice, give everyone his
due, and observe honesty and
good faith.
Civil Code…

Art. 26 - Every person shall

respect the dignity, personality,
privacy and peace of mind of his
neighbors and other persons.
Civil Code…
Art. 32 - Any public officer or
employee, or any private
individual, who directly or
indirectly obstructs, defeats,
violates or in any manner
impedes or impairs any of the
following rights and liberties of
another person shall be liable
to the latter for damages.
 The Universal Declaration of
Human Rights of 1948
 1st global expression of rights to which all human beings are
inherently entitled
 adopted unanimously by the General Assembly on 10
December 1948;
 common standard of achievement for all peoples and all
nations
 Sets out fundamental human rights to be universally protected

67
Article 1 All human beings are born free
and equal.

Article 2 Everyone is entitled to the same

human rights without discrimination of
any kind.
Article 3 Everyone has the human
right to life, liberty, and security.
Article 4 No one shall be held in
slavery or servitude.
Article 5 No one shall be subjected to
torture or cruel, inhuman or
degrading treatment or punishment.
Article 6 Everyone has the human
right to be recognized everywhere
as a person before the law
Article 7 Everyone is equal before the law
and has the human right to equal protection of
the law.
Article 8 Everyone has the human right to a
remedy if their human rights are violated.
Article 9 No one shall be arrested, detained,
or exiled arbitrarily.
Article 10 Everyone has the human right to a
fair trial.
Article 11 Everyone has the human right to
be presumed innocent until proven guilty.
Article 12 No one shall be subjected to
arbitrary interference with his privacy, family,
home or correspondence, or to attacks upon
one’s honor and reputation.
Article 13 Everyone has the human right to
freedom of movement and residence within
the state, to
leave any country and to return to one's
country.
Article 14 Everyone has the human right to
seek asylum from persecution.
Article 15 Everyone has the human
right to a nationality.
Article 16 All adults have the human
right to marry and found a family.
Women and men have equal
human rights to marry, within marriage,
and at its dissolution.
Article 17 Everyone has the human
right to own property.
Article 18 Everyone has the human right to
freedom of thought, conscience and religion.

Article 19 Everyone has the human right to

freedom of opinion and expression.

Article 20 Everyone has the human right to

peaceful assembly and association.

Article 21 Everyone has the human right to

take part in government of one's country
directly or through free and fair elections
and access to the public service
Article 22 Everyone has the human right to
social security and to the realization of
the economic, social and cultural rights
indispensable for dignity.
Article 23 Everyone has the human right to
work, to just conditions of work, to
protection against unemployment, to
equal pay for equal work, to sufficient pay
to ensure a dignified existence for one's
self and one's family, and the human right
to join a trade union.
Article 24 Everyone has the human right to
rest and leisure.
Article 25 Everyone has the human right to
a standard of living adequate for health and
well-being, including food, clothing, housing,
medical care and necessary social services.
Article 26 Everyone has the human right to
education including free and compulsory
elementary education and human rights
education.
Article 27 Everyone has the human right to
participate freely in the cultural life and to
share in scientific progress, as well as to
protection of their artistic, literary or scientific
creations,
Article 28 Everyone is entitled to a
social and international order in
which these rights can be realized
fully.

Article 29 Everyone has duties to the

community.

Article 30 None of the human rights in

this Declaration can be used to
justify violating another human right
CHALLENGES ENCOUNTERED
 REPORT OF ALLEGED
HUMAN
RIGHTS VIOLATIONS
OF PNP PERSONNEL RESULTS IN:
1.NEGATIVE PERCEPTION & ATTITUDE OF THE
PEOPLE TOWARDS THE PNP

2.ERRING PERSONNEL FACE ADMINISTRATIVE

AND/OR CRIMINAL CHARGES…LEADING TO
POSSIBLE DEMOTION OR DISMISSAL FROM SERVICE

3.ISOLATION OF THE POLICE FROM THE

COMMUNITY AND CIVIL UNREST

4.LOCAL AND INTERNATIONAL CRITICISM &

SANCTIONS AGAINST POLICE AND THE
GOVERNMENT

5.PROSECUTION OF CRIMINALS IS HAMPERED

DUE TO TECHNICALITIES OR FAILURE TO MEET
LEGAL REQUIREMENTS IN ARREST, SEIZURE, ETC.

5.LAW ENFORCER BECOMES LAW-BREAKER

 PERCEPTION
OF PNP PERSONNEL
ABOUT
HUMAN RIGHTS
 SOME IN THE PNP BELIEVE THAT
HUMAN RIGHTS ARE…

1.1. PROPAGANDA
PROPAGANDAUSED
USEDBY
BYENEMIES
ENEMIESOF
OFTHE
THESTATE
STATE
AGAINST
AGAINSTTHE
THEGOVERNMENT.
GOVERNMENT.
2.2. USED
USEDBYBYSOME
SOMESECTORS
SECTORSTO
TOBLAME
BLAME&& HARASS
HARASS
THE
THEPOLICE
POLICE/ /MILITARY
MILITARYEVEN
EVENIF
IFWE
WEARE
ARE“ONLY
“ONLY
DOING
DOINGOUR
OURJOB.”
JOB.”
3.3. ONLY
ONLYPROTECT
PROTECTANTI-GOVERNMENT
ANTI-GOVERNMENTACTIVISTS
ACTIVISTS
AND
ANDDO
DONOT
NOTBENEFIT
BENEFITTHE
THEPNP
PNPAND
ANDAFP.
AFP.

4.4. HINDRANCE
HINDRANCE TO TO MILITARY
MILITARY && POLICE
POLICE
OPERATIONS;
OPERATIONS;ITITIS
ISAN
ANOBSTACLE
OBSTACLETO
TO MISSION
MISSION
ACCOMPLISHMENT.
ACCOMPLISHMENT.
Why do some PNP Personnel have a
NEGATIVE PERCEPTION
about Human Rights?
Is it because...
1. We have limited knowledge and skills about
human rights?
2. Anti-Government Forces are more adept in using
Human Rights issues and human rights laws as a
“propaganda weapon” against the PNP?
3. We have gaps in professional competency and
we (wittingly or unwittingly) violate police
operational procedures?
Bakit negatibo ang pananaw ng ibang pulis
tungkol sa HUMAN RIGHTS... at bakit mayroong
mga ALLEGED HUMAN RIGHTS VIOLATIONS?
Dahil kaya....

1. Kulang pa tayo ng kaalaman tungkol sa

human rights?
2. Mas maraming kaalaman yung “kabila” tungkol
sa human rights kaya nagagamit nila ito laban
sa atin?
3. Kulang pa tayo sa professional competency at may
hindi tayo sinusunod na procedure o proseso?
 POLICE, also have
RIGHTS
Some Rights and Privileges Policemen Enjoy:

Right to Work and

Our Salary and Allowances
Just Compensation

Right to Due Performance Evaluation, Summary

Process Hearing and Appeal System

Our Schooling Opportunities and

Right to Education
Scholarships for Deserving Dependents
 POLICE, also have
RIGHTS
Some Rights and Privileges Policemen Enjoy:

Right to Rest Our Rest Days, Day-off, Vacations,

and Leisure Leaves, Christmas Parties, outings, etc.

Right to Housing Our Quartering and Housing Programs

Right to Social
Our Pension and Benefits System
Security

Right to Health Care Our Medical / Dental Services

 HUMAN RIGHTS IN LAW
ENFORCEMENT
WE ARE ALL HUMAN. ALL OF US HAVE
HUMAN RIGHTS.

HUMAN RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL THE PNP /
THE PEOPLE GOVERNMENT
CULTURAL
 HUMAN RIGHTS IN LAW ENFORCEMENT Art. II Sec. 1
1987 Phil. Constitution:
PEOPLE GIVES “Sovereignty resides in the
People…”
POWER & AUTHORITY

HUMAN RIGHTS
CIVIL
POLITICAL
ECONOMIC
THE PEOPLE SOCIAL THE PNP /
GOVERNMENT
CULTURAL
POWERS OF THE STATE:
1.Power of Eminent Domain
2.Power of Taxation
3.Police Power
 Article 2, Sec. 4
HUMAN RIGHTS IN LAW ENFORCEMENT 1987 Phil.
Constitution:
The prime duty of
Government is to Serve
and Protect the People.
PEOPLE GIVES AUTHORITY
HUMAN RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
THE PEOPLE CULTURAL THE PNP /
GOVERNMENT
PNP MUST USE AUTHORITY
TO SERVE & PROTECT
THE PEOPLE
 HUMAN RIGHTS IN LAW ENFORCEMENT
PNP AS HUMAN RIGHTS PROTECTOR.

HUMAN RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
CULTURAL
THE PEOPLE THE PNP
OUR PHILOSOPHY:
Service, Honor, Justice
Protecting Human Rights is rendering professional
SERVICE… treating people with dignity and HONOR…and
improving delivery of JUSTICE to the oppressed and victims
of crime.
 LEGAL BASES WHY THE PNP IS A HUMAN RIGHTS PROTECTOR
LEGAL BASES WHY THE PNP IS A HUMAN RIGHTS PROTECTOR
PNP ETHICAL PNP PNP CODE OF PNP HYMN PNP PNP PNP CORE LOI 55/07
DOCTRINE MOTTO CONDUCT PLEDGE BADGE OF VALUES “Pamana”
HONOR

Chapter I To Serve Chapter 3 Bantay ng I will You have Makadiyos “...all members
Sec. 2: and Para 2: katahimikan... love been Makatao of the PNP shall
Protect... and entrusted Makabayan embrace the
“… all members “...respect for serve God, with the Maka- highest
of the Philippine human rights as PNP Country and Badge as a Kalikasan principles of
National Police… a high standard Lingkod People... symbol of the universal
shall serve with must be ng bayan your declaration of
utmost maintained in worthiness human rights.”
responsibility, the Kriminal as a police
integrity, performance of aming officer...
morality, loyalty, police duties.” kalaban
and efficiency to serve and
with due respect Mamamayan protect the
to human rights paglilingkuran people from
and dignity as whom you
hallmarks of a derive the
democratic power and
society,” authority to
enforce the
laws of the
land without
fear or
favor.
IF THE PNP IS SUPPOSED TO SERVE AND PROTECT THE PEOPLE…
WHY ARE THERE ALLEGED HUMAN RIGHTS VIOLATIONS?

THE PEOPLE THE PNP

 ROOT CAUSES OF HUMAN RIGHTSVIOLATION

Law Enforcement
(PNP)
GAP Mission
Accomplishment
 Arrest/Conviction of Criminals.
Crime Solution.
Justice for Victims.
Saving of lives.
Law enforcement.
Peace & Order.

LawEnforcement
(PNP)
GAP Mission
LawEnforcement
(PNP)
GAP
UNPROFESSIONAL
BEHAVIOR

INCOMPETENCY
x
Mission
Accomplishment
 What happens when we don’t bridge the gap?
 CRIMES ARE NOT SOLVED
 JUSTICE DELAYED,
JUSTICE DENIED.

x
 THE PNP LOSES
TRUST & CONFIDENCE OF
THE COMMUNITY
 PNP / GOVERNMENT
SUFFERS FROM CRITICISM
FROM MEDIA & OTHER
Law Enforcement SECTORS; Mission
 OUR RELATIONS WITH Accomplishment
THE INTERNATIONAL
COMMUNITY IS AFFECTED.
 HUMAN RIGHTS VIOLATIONS
ARE COMMITTED.
 WE COULD FACE CRIMINAL
& ADMINISTRATIVE CHARGES
END OF POLICE CAREER
 HOW DO WE BRIDGE THE GAP?

Law Enforcement Mission

(PNP) Accomplished
 PROFESSIONALISM
(By: Candice Solie, VP of Profile Evaluations, Inc, Minnesota, USA)
-A set of internalized
character strengths &
values
- Not just a set of appearance -High quality service to others

Nor just technical skill -Show of self-respect

-Commitment to excellence,
adherence to high standard of
behavior

-See work as service to others

-High level of responsibility

& respect to other’s rights
 HOW DO WE BRIDGE THE GAP?

Mission
Law Enforcement
Accomplished
(PNP)
COMPETENCY
“To Serve and Protect” – Human Rights and
Humanitarian Law for Police and Security Forces,
published by ICRC)
Does not only mean “AUTHORIZED”.
The mental and physical aptitude and attitude of
police officer in reacting to circumstance.
Develop capacity through S – P – E – A – K
(Skill, Perception, Experience, Ability, & Knowledge)
Not affected by pressure, influence and temptation.
 HOW DO WE BRIDGE THE GAP?

Law Enforcement Mission

(PNP) Accomplished

“All police personnel shall first and

foremost be mindful and considerate of
the protection of every citizen’s honor,
human rights, and safety in the pursuit of
their responsibility in law enforcement.”
 HOW DO WE BRIDGE THE GAP?

Law Mission
Enforcement Accomplished
(PNP)

RIGHTS-BASED
POLICING
What is Human Rights-Based Policing?
• Human Rights Based Policing (HRBP) is the
comprehensive, systematic, and institutional
adherence to national or domestic laws on human
rights; and compliance with international human
rights principles, standards, and practices as well
treaties, conventions, and protocols related to
law enforcement or police functions.

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HUMAN RIGHTS PRINCIPLES AND PRACTICES
During POLICE INTERVENTION
Key Points of Human Rights Principles and Practices for Law Enforcement
(UN Code of Conduct for Law Enforcement
Officials)
 Perform duty under the law
 Respect and safeguard human rights
 Use force only when strictly necessary
 Respect confidentiality
 Never inflict any act of torture & other cruel treatment
 Safeguard the health of those in custody
 Do not commit any act of corruption
 Respect the rule of law
 RIGHTS-BASED POLICING

 Treating
citizens and other stakeholders as
Claim Holders with rights that must be
respected and protected by the police

 Police personnel are Duty Holders with

obligation to respect, protect, and fulfill the
rights of people
PNP and Its Human Rights Obligations

1.To respect human rights – means to refrain

from interfering with the enjoyment of people’s
rights.
2. To protect human rights - means to
implement laws
that provide equal protection to all persons from
human rights violations by state authorities or by
non-state actors.
3.To fulfill human rights – refers to the act of
establishing institutions and implementing
systems, mechanisms or procedures that enable
people to claim and enjoy their rights.
 INTERNATIONAL STANDARDS
FOR THE
USE OF FORCE & FIREARMS
By
LAW ENFORCEMENT OFFICIALS
CONTENT
 Definitions
 Legal Basis
 Use for force – guiding principles
 Firearms
 Public Assemblies
 Responsibility & Accountability
 DEFINITIONS

Law Enforcement Official (LEO):

“ includes all officers of the law,
whether appointed or elected,
who exercise police powers,
especially the powers of arrest or
detention”
Responsibilities of LEO:
Maintenance of public order and
security Prevention and detention of
crime provision of help and assistance

Force ( working definition)

The intentional use of means to
achieve compliance with a )lawful)
requirement by a person who would not
otherwise comply.
LEGAL BASES
 Human Rights Affected by the use of force

“Everyone has the right to life, liberty and

security of person”
(Universal Declaration of Human Rights)

ICCPR
Regional Instruments
LEGAL BASES
 Legal Documents governing the UFF:

 ICCPR
 CAT

 Art.3 CCLEO

 BPUFF

 National Law
HUMAN RIGHTS & LAW
ENFORCEMENT

HUMAN RIGHTS POLICE POWERS

 PRINCIPLES GOVERNING THE
EXERCISE OF POWERS BY LEO:

P L A N

Proportionality Legality Accountability Necessity

+ PRECAUTION
PRINCIPLES GOVERNING THE
EXERCISE OF POWERS BY LEO:
PLAN & PRECAUTION
Practical Application for the
Use of Force
 Non-Violent means first
 Graduate Response
 Minimize damage
 Protection of uninvolved persons
 SUMMARY
1. ALL OF US HAVE HUMAN RIGHTS .

2. OUR POWER & AUTHORITY IS FROM THE PEOPLE.

3. WE MUST USE POWER & AUTHORITY TO SERVE &

PROTECT PEOPLE.
4. TO SERVE AND PROTECT IS TO
RESPECT, PROTECT, & FULFILL HUMAN
RIGHTS.
5. TO ACCOMPLISH OUR MISSION,
WE MUST PRACTICE RIGHTS-BASED
POLICING:
- PROFESSIONALISM,
- COMPETENCY
- Strict adherence to Police Operational Procedures/Rule of Law.
 HRAO THRUST ACTIVITIES
 Policy on Anti-Torture and Human Rights Protection Training for
Detention Authorities.
Activation of PNP HRAO Website:
To create a greater impact in all of society this new website
was created primarily to reach out to a large number of people
worldwide. www.pnphrao.org
“Philippine National Police Know Your

Your Right s Rights Mobile

- Provides application”
relevant
information to the PNP
personnel and general
public on Human Rights

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