HUMAN RIGHTS EDUCATION

Module 3

Chapter 3
The Human Rights Commission

Introduction

Human dignity plays a special part of the provision of our preamble in the 1987
Constitution. The States values the dignity of every human person and guaranteed full
respect of human rights,
The Congress shall give highest priority to the enactment of measures that protect and
enhance the right of all people to human dignity, reduce social, economic and political
inequalities, and remove cultural inequalities by equitably diffusing wealth and political
power of the common good (Sec. 11, Art, II , Philippine constitution)

Learning Outcome

At the end of the topic, the students will be able to:

1. Identify the classifications of human rights

2. Innumerate the sources of human rights
3. Discuss the Universal Declaration of Human Rights

Learning Content

 Creation of the Commission on Human Rights

 Classification of Human Rights
 Sources of Human Rights
 Universal Declaration of Human Rights

Creation of the Commission on Human Rights

The CHR was created as a response to the atrocities committed during Martial Law.
When the 1987 Philippine Constitution was drafted, Article XIII on Social Justice and Human
Rights clearly defined the creation of the Commission.
“There is hereby created an independent office called The Commission on Human
Rights...
(to) investigate, on its own or on complaint by any party, all forms of human rights violations
involving civil and political rights ...”
(Sec. 17-18, Art. XIII, Philippine Constitution)
“I, Corazon C. Aquino, President of the Philippines... do hereby (declare) the
Commission on Human Rights as provided under Article XIII of the 1987 Constitution to be
now in existence...”
(Executive Order No. 163)
The 1987 Philippine Constitution primarily gave CHR the mandate to protect and promote
the rights and dignity of every human being in the country. The State values the dignity of
every human person and guarantees full respect for human rights.
(Sec. 11, Art. II, Philippine Constitution)
The Congress shall give highest priority to the enactment of measures that protect and
enhance the right of all the people to human dignity, reduce social, economic and political
inequalities, and remove cultural inequalities by equitably diffusing wealth and political
power for the common good.
(Sec. 1, Art. XIII, Philippine Constitution)

Classification of Human Rights

According to source
1. Natural or moral rights- God given rights, acknowledge morally good
2. Legal rights
a. Constitutional rights- guaranteed in bill of rights of the constitution
b. Statutory rights- rights promulgated by legislative body

According to aspects of life

Civil rights- rights the law will enforce at instance of private individuals for purpose of
securing in them the enjoyment of happiness. Civil rights guarantee people from abuses of
State agents in the exercise of the state’s 3 inherent powers: police power, eminent domain
and power of taxation.
Political rights – are those rights which enable us to participate in running the affairs of the
government either directly or indirectly.
Economic, Social &Culture Rights- rights of people to self-determination. To pursue
economic, social and cultural development & financial security. Ensure a life of dignity.
Called positive rights−State expected to take effective measures to fulfill them. Referred as
programmable rights− depends upon resources and political will of the state.

According to derogability
Non-Derogable or Absolute Rights- rights that cannot be suspended nor taken away nor
restricted or limited even in extreme emergency and even if government invoke national
security.
Note: Hand in Hand with HR, which individuals must enjoy is the right of the State to
national Security. Thus some individual rights are not absolute or are derogable.
Derogable or Relative Rights- maybe suspended or limited depending on circumstances−for
preservation of social life.

State obligation of human rights:

Obligation to RESPECT: requires in the State and all organs & agents- to abstain from doing
anything that violates the integrity of individual or fringes on his/her freedom,
Obligation to PROTECT: Requires the State & its agents- the measures necessary prevent
other individuals or groups from violating the integrity, freedom of action. Or the HR of the
individuals.
Obligation to FULFILL: requires the State- to take measures to ensure for each person within
its jurisdiction opportunities- to obtain satisfaction of those needs, recognized in the human
rights instrument, which cannot be secured by personal efforts.
A right is an entitlement (claim)

Such rights maybe violent but they can never be taken away.
HR are legal rights- therefore HR are part of Philippines laws.
Basic rule: Law & Order and Peace & Security are matters of AFP responsibility.
Existence of Rule of law and Respect for Rule of Law
 implies where rights, freedom, obligation and duties are laid down in the law for all
people in all equality, and,
 with the guarantee that people will be treated equally in similar circumstances.

Human Rights Enforcement means : ‘responsive’, ‘representative’ and ‘accountable’.

Tasks and duties of military and security forces:

a. Maintenance of public order ( internal security operations) and national security
( external threats)
b. Aid & assistance in emergency of all kinds
Questions of legality. Necessity and proportionality using military power or authority:
1. Does the power or authority used in particular citation have its basis in national law?
2. Is the exercise of that particular power or authority strictly necessary given the
circumstances of the respective situation?
3. Is the power or authority used in proportion to the seriousness of the offence & the
legitimate military objective to be achieved?

What are the basic principles of Human rights?

Human rights are inherent. Human rights are birth rights. They belong to the
individual person for reason that he or she is a human being. Fundamental: Without human
rights, a person’s life and dignity would be worthless and meaningless.

Human rights are imprescriptible. Human rights are not lost by mere passage of time.
Human rights do not prescribe even if a person fails to use or was prevented from asserting
them. Human rights are indivisible, interrelated.
The indivisibility of human rights is a manifestation that a person cannot be denied or
deprived of his or her human rights. Human rights are not piece meal rights and freedoms,
hence, not capable of being divided.

Human rights are universal. Human rights are endowed every human being from the
moment of birth, without distinction or irrespective of origin, sex, race, creed, political color,
status or condition in life.

Human rights are interdependent. The fulfillment, enjoyment or exercise of particular right
cannot be attained without the realization of the other rights.

Principle of equality. Even the law of nature made manifest this basic principle by the fact
that all human beings, male or female, are born naked & helpless

SOURCE OF HUMAN RIGHTS

International Bill of Human Rights:

 1. Universal declaration of human Rights (UDHR)
2. International covenant on Civil and Political Rights ( ICCPR)
3. International Covenant on Economic, Social and Cultural Rights( ICESCR)

Subsequent International HR Documents:

1. International Covenant on the elimination of all forms of Racial Discrimination
(ICERD)
2. Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW)
3. Convention of the Rights of the Child (CRC)
4. Convention Against Torture and Other Cruel, Inhuman or degrading Treatment of
punishment (CAT)
Relevant HR Provision of the 1987 Constitution:
1. Bill of Rights – Art. III, Section 1-22
2. Declaration of Principles and State Policies – Art. II, Sections 1-5, and 7, 9, 23.
3. Social justice and Human Rights –Art. XIII. Sections 17-18

According to Aspects of Life

1. Civil Rights –Right to Name, Right to a Nationality, Right to marry and to found a
family, Rights to Liberty & Security of person.
2. Political Rights –Right to vote, Right to initiative and referendum, right to
information on matters of public concern.
3. Economic and Social rights –Right to work, Right to Social Security, Right to
Education.

According to Struggle & Recognition

1. First Generation Rights –Civil & political rights
2. Second Generation Rights - Economic, Social and Cultural rights
3. Third generation Rights – Right to Development

Three Conditions to Justify the Suspension/ limitation of Human Rights

It is provided for by law which is made known to every citizen. There is a state of emergency
which necessitates the urgent preservation of the public goods, public safety and public
morals and it does not exceed what is strictly necessary to achieve its purpose.
 Universal Declaration of Human Rights

The Universal
Declaration of Human Rights (UDHR) is a milestone document in the history of human
rights. Drafted by representatives with different legal and cultural backgrounds from all
regions of the world, the Declaration was proclaimed by the United Nations General
Assembly in Paris on 10 December 1948 by General Assembly resolution 217 A (III) as a
common standard of achievements for all peoples and all nations. It sets out, for the first
time, fundamental human rights to be universally protected. Since its adoption in 1948, the
UDHR has been translated into more than 500 languages - the most translated document in
the world - and has inspired the constitutions of many newly independent States and many
new democracies. The UDHR, together with the International Covenant on Civil and Political
Rights and its two Optional Protocols (on the complaints procedure and on the death penalty)
and the International Covenant on Economic, Social and Cultural Rights and its Optional
Protocol, form the so-called International Bill of Human Rights.

Economic, social and cultural rights

The International Covenant on Economic, Social and Cultural Rights entered into force in
1976. The human rights that the Covenant seeks to promote and protect include:

 the right to work in just and favourable conditions;

 the right to social protection, to an adequate standard of living and to the highest
attainable standards of physical and mental well-being;
 the right to education and the enjoyment of benefits of cultural freedom and scientific
progress.

Civil and political rights

The International Covenant on Civil and Political Rights and its First Optional
Protocol entered into force in 1976. The Second Optional Protocol was adopted in 1989.
The Covenant deals with such rights as freedom of movement; equality before the law; the
right to a fair trial and presumption of innocence; freedom of thought, conscience and
religion; freedom of opinion and expression; peaceful assembly; freedom of association;
participation in public affairs and elections; and protection of minority rights. It prohibits
arbitrary deprivation of life; torture, cruel or degrading treatment or punishment; slavery and
forced labour; arbitrary arrest or detention; arbitrary interference with privacy; war
propaganda; discrimination; and advocacy of racial or religious hatred.

Human Rights Conventions

A series of international human rights treaties and other instruments adopted since 1945 have
expanded the body of international human rights law. They include the Convention on the
Prevention and Punishment of the Crime of Genocide  (1948), the International Convention
on the Elimination of All Forms of Racial Discrimination  (1965), the Convention on the
Elimination of All Forms of Discrimination against Women  (1979), the Convention on the
Rights of the Child (1989) and the Convention on the Rights of Persons with
Disabilities (2006), among others.

Human Rights Council

The Human Rights Council, established on 15 March 2006 by the General Assembly and
reporting directly to it, replaced the 60-year-old UN Commission on Human Rights as the
key UN intergovernmental body responsible for human rights. The Council is made up of 47
State representatives and is tasked with strengthening the promotion and protection of human
rights around the globe by addressing situations of human rights violations and making
recommendations on them, including responding to human rights emergencies.

The most innovative feature of the Human Rights Council is the Universal Periodic Review.
This unique mechanism involves a review of the human rights records of all 192 UN member
states once every four years. The Review is a cooperative, state-driven process, under the
auspices of the Council, which provides the opportunity for each state to present measures
taken and challenges to be met to improve the human rights situation in their country and to
meet their international obligations. The Review is designed to ensure universality and
equality of treatment for every country.

Assessment Task
1. What is human rights? Explain.
2. What are the state obligations to human rights?
3. What are the sources of human rights?
4. What are the relevant Human Rights Provisions of the 1987 Constitutions?
5. What are the basic principle of Human Rights?
6. What are the three conditions to justify the suspension/limitation of human rights?
 7. What are the classifications of human rights?
8. What are the classifications of human rights according to aspect of life?
9. What are the classifications of human rights according to degorability?

References:
 Dela Cruz JR. J.M.,Florendo A.D 2017.Understanding Human Rights & International
Humanitarian Law. Quezon City. Wiseman’s Books Trading, Inc.
 Tuzon-Caday M.R. 2016. The Philippine Government and Constitution. Intramuros
Manila. Mindshapers Co., Inc
 Wilmer F 2015 Human Rights in International politics. Boulder London. Lynne
Riener Publishers
 http://chr.gov.ph/
 https://www.equalityhumanrights.com/en/human-rights/what-are-human-rights
 https://www.un.org/en/sections/issues-depth/human-rights/
 HUMAN RIGHTS EDUCATION
Module 4

Chapter 4
Foundation of Human Rights Principles and Classifications

Introduction

Policing is at the heart of a broad spectrum of human rights discourses. This has been
apparent for many of those working on civil and political rights who have generally targeted
police as human rights violators. However, policing also has a direct relevance to economic,
social and cultural rights. Police can and should pay an important role in ensuring the safe
enrichment on which individuals can seek realize their full range of rights- be they social and
economic or civil and political.

Learning Outcome

At the end of the topic, the students will be able to

1. Identify the foundations of Human Rights

2. Enumerate the International Human Rights Standards
3. Identify the root causes of Human Rights Violations
4. Discuss the Rights-Based Policing
5. Identify and discuss the common causes why police officers and military
officer commit human rights violation.

Learning Content

o Foundations of Human Rights

 PNP Vision
 PNP Core Values
 PNP Motto
 PNP Mission
o Ten(10) International Human Rights Standards for Law Enforcement
o What is Right-Based Policing.
o Gross Human Rights Violations
 Police/Military May commit Human Rights Violations
 Common Causes for Popular Dissatisfaction
o Police Station Checklist on Human Rights-Based Policing
 Human Rights Desk Basic Operational Procedures
 Fundamental Principles of International Humanitarian Law
 Implementation of International Humanitarian Law

A. FOUNDATIONS OF HUMAN RIGHTS

PNP Vision
Imploring the aid of the Almighty by year 2030, we shall be a highly capable, effective and
credible police service working in partnership with responsible community towards
attainment of a safer place to live work and do business.
 PNP Core Values

Service, Honor and Justice

PNP Motto

We Serve and Protect

PNP Mission

To enforce the law, top prevent and control crime, to maintain peace and order and to ensure
public safety and internal security with the active support of the community.

B. TEN INTERNATIONAL HUMAN RIGHTS STANDARDS FOR LAW

ENFORCEMENT

Basic Standard 1: Everyone is entitled to equal protection of the law, without discrimination
on any grounds, and especially against violence or threat. Be especially vigilant to protect
potentially vulnerable groups such as children, the elderly, women, refugees, displaced
persons and members of minority groups.

For the implementation of Basic Standard 1 it is of great importance that police officers at all
times fulfil the duty imposed on them by law, by serving the community and protecting all
persons against illegal acts, consistent with the high degree of responsibility required by their
profession. They must promote and protect human dignity and maintain and uphold the
human rights of all persons, among which are the following:
Everyone has the right to liberty and security of the person
No one should be subjected to arbitrary arrest, detention or exile
All persons deprived of their liberty have the right not to suffer torture or
cruel, inhuman or degrading treatment
Everyone is entitled without any discrimination to equal protection of the law
Everyone has the right to a fair trial
Everyone has the right to freedom of movement
Everyone has the right to peaceful assembly
Everyone has the right to freedom of expression

Basic Standard 2: Treat all victims of crime with compassion and respect, and in particular
protect their safety and privacy.

Victims are people who have suffered harm, including mental and physical injury, emotional
suffering, economic loss or substantial impairment of their fundamental rights through acts or
omissions that are in violation of criminal law.

For the implementation of Basic Standard 2, police officers must:

Ensure that, if needed, measures are taken to ensure the protection and safety
of victims from intimidation and retaliation
 Inform victims without delay of the availability of health and social services
and other relevant assistance
Provide without delay specialist care for women who have suffered violence
Develop investigative techniques that do not further degrade women who have
been victims of violence.
Give particular attention to victims who have special needs because of the
nature of the harm inflicted on them or because of factors such as race, colour,
gender, sexual orientation, age, language, religion, nationality, political or
other opinion, disability, ethnic or social origin, etc.

Basic Standard 3: Do not use force except when strictly necessary and to the minimum
extent required under the circumstances

The implementation of Basic Standard 3 involves, among other things, that Police officers, in
carrying out their duty, should apply non-violent means as far as possible before resorting to
the use of force. They may use force only if other means remain ineffective or without any
promise of achieving the necessary result. Basic Standard 3 must be implemented in
accordance with Basic Standard 4 and 5.
Whenever the lawful use of force is unavoidable, police officers must:
Exercise restraint in such use and act in proportion to the seriousness of the
offence and the legitimate objective to be achieved
Minimize damage and injury, and respect and preserve human life
Ensure that all possible assistance and medical aid are rendered to any injured
or affected persons at the earliest possible moment
Ensure that relatives or close friends of the injured or affected person are
notified at the earliest possible moment
Where injury or death is caused by the use of force by police officers, they
shall report the incident promptly to their superiors, who should ensure that
proper investigations of all such incidents are carried out.

Basic Standard 4: Avoid using force when policing unlawful but on-violent assemblies.
When dispersing violent assemblies, use force only to the minimum extent necessary.

Everyone is allowed to participate in peaceful assemblies, whether political or non-political,

subject only to very limited restrictions imposed in conformity with the law and which are
necessary in a democratic society to protect such interests as public order and public health.
The police must not interfere with lawful and peaceful assemblies, otherwise than for the
protection of persons participating in such an assembly or others.

The implementation of Basic Standard 4 involves, among other things:

In the policing of assemblies that are unlawful but non-violent, police officers
must avoid the use of force. If force is indispensable, for example to secure the
safety of others, they must restrict such force to the minimum extent necessary
and in compliance with the other provisions in Basic Standard 3
Firearms shall not be used in the policing of non-violent assemblies. The use
of firearms is strictly limited to the objectives mentioned in Basic Standard 5
In the dispersal of violent assemblies police officers may use force only if
other means remain ineffective or without any promise of achieving the
intended result. When using force police officers must comply with the
provisions in Basic Standard 3
 In the dispersal of violent assemblies police officers may use firearms only
when less dangerous means are not practicable and only to the minimum
extent necessary to achieve one of the objectives mentioned in Basic Standard
5 and in accordance with the provisions in Basic Standard 3 and Basic
Standard 5.

Basic Standard 5: Lethal force should not be used except when strictly unavoidable in order
to protect your life or the lives of others

The use of firearms is an extreme measure which must be strictly regulated, because of the
risk of death or serious injury involved.

The implementation of Basic Standard 5 requires, among other things, that police officers
must not use firearms except for the following objectives and only when less extreme means
are insufficient to achieve these objectives:
In self-defence or in defence of others against the imminent threat of death or
serious injury
To prevent the perpetration of a particularly serious crime involving grave
threat to life
To arrest a person presenting such a danger and resisting the police officer's
authority, or to prevent his or her escape In any event, intentional lethal use of
firearms may only be made when strictly unavoidable in order to protect life.
Police officers must identify themselves as such and give a clear warning of
their intent to use firearms, with sufficient time for the warning to be
observed, unless to do so would unduly place the officers at risk or would
create a risk of death or serious harm to other persons, or would be clearly
inappropriate or pointless in the circumstances of the incident Rules and
regulations on the use of firearms by police officers must include guidelines
that:
Specify the circumstances under which police officers are authorized to carry
firearms and prescribe the types of firearms and ammunition permitted Ensure
that firearms are used only in appropriate circumstances and in a manner likely
to decrease the risk of unnecessary harm
Prohibit the use of any firearms or ammunition that cause unnecessary injury
or present an unnecessary risk
Regulate the control, storage and issuing of firearms and ammunition,
including procedures for ensuring that police officers are accountable for
firearms and ammunition issued to them
Provide for warnings to be given, if appropriate, when firearms are to be
discharged
Provide for a system of reporting and investigation whenever police officers
use firearms in the performance of their duty.

Basic Standard 6: Arrest no person unless there are legal grounds to do so, and the arrest is
carried out in accordance with lawful arrest procedures

To make sure that an arrest is lawful and not arbitrary, it is important that the reasons for the
arrest and the powers and identity of arresting officers are known. Therefore the
implementation of Basic Standard 6 involves, among other things:
 Arrest or detention shall only be carried out strictly in accordance with the provisions
of the law and by competent officials or persons authorized for that purpose
Police or other authorities which arrest a person shall exercise only the powers
granted to them under the law
Anyone arrested must be informed at the time of arrest of the reasons for the arrest
The time of the arrest, the reasons for the arrest, precise information identifying the
place of custody, and the identity of the law enforcement officials concerned must be
recorded; in addition, the records must be communicated to the detained person or to
his or her lawyer
Officials carrying out an arrest should identify themselves to the person arrested and,
on demand, to others witnessing the event
Police officers and other officials who make arrests should wear name tags or
numbers so that they can be clearly identified. Other identifying markings such as the
insignia of soldiers' battalions or detachments should also be visible
Police and military vehicles should be clearly identified as such. They should carry
number plates at all times.
A person should not be kept in detention without being given an effective opportunity
to be heard promptly by a judicial or other officer authorized by law to exercise
judicial power, and be entitled to a trial within a reasonable time, or to release. It
should not be the general rule that persons awaiting trial are detained in custody, but
release may be subject to guarantees to appear for trial.
All detainees should only be kept in recognized places of detention. Such places of
detention should be visited regularly by qualified and experienced persons appointed
by, and responsible to, a competent authority distinct from the authority directly in
charge of the administration of the place of detention.
The detention of refugees and asylum seekers should normally be avoided. No
asylum-seeker should be detained unless it has been established that detention is
necessary, is lawful and complies with one of the grounds recognized as legitimate by
international standards. In all cases, detention should not last longer than is strictly
necessary.
All asylum-seekers should be given adequate opportunity to have their detention
reviewed by a 8 judicial or similar authority. Reference regarding the detention of
refugees and asylum seekers should be made to the competent authorities, as well as
to the office of the United Nations High Commissioner for Refugees (UNHCR) and
other refugee assistance organizations.

Basic Standard 7: Ensure all detainees have access promptly after arrest to their family and
legal representative and to any necessary medical assistance

Experience worldwide has shown that it is often in the first hours or days of detention that
detainees are at greatest risk of being ill-treated, tortured, made to "disappear", or killed.
Unconvicted detainees must be presumed innocent and treated as such. The implementation
of Basic Standard 7 requires, among other things, that:

Detainees should be promptly told of their rights, including the right to lodge
complaints about their treatment.
A detainee who does not understand or speak the language used by the authorities
responsible for his or her arrest is entitled to receive information and have the
assistance, free of charge if necessary, of an interpreter in connection with the legal
proceedings subsequent to his or her arrest.
 A detainee who is a foreigner should be promptly informed of his or her right to
communicate with the relevant consular post or diplomatic mission.
All detained refugees and asylum seekers should be allowed access to the local
representative of the UNHCR and to refugee assistance organizations, regardless of
why they are being detained. If a detainee identifies himself / herself as a refugee or
an asylum seeker, or otherwise indicates their fear at being returned to their country, it
is incumbent on the detaining officials to facilitate contact with these organizations.
Police officers or other competent authorities must ensure that all detainees are fully
able in practice to avail themselves of the right to notify family members or others
immediately of their whereabouts. All detainees should be informed of this right. If
they do not have the financial or technical means to send word to their relatives, the
officers must be ready to communicate the message for them.
Police officers or other competent authorities must ensure that accurate information
on the arrest, place of detention, transfer and release of detainees is available
promptly in a place where relatives and others concerned can obtain it. They must
ensure that relatives are not obstructed from obtaining this information, and that they
know or are able to find out where the information can be obtained. (See also the
commentary to Basic Standard 8)
Relatives and others should be able to visit a detainee as soon as possible after he or
she is taken into custody. Relatives and others should be able to correspond with the
detainee and make further visits regularly to verify the detainee’s continued well-
being. Every detainee must be informed promptly after arrest of his or her right to a
legal counsel and be helped by the authorities to exercise this right. Moreover, every
detainee must be able to communicate regularly and confidentially with their lawyer,
including having meetings with their lawyer within sight but not within hearing of a
guard or police officer, in order to help prepare the detainee’s defence and to exercise
his or her rights. 9
An independent doctor should promptly conduct a proper medical examination of the
detainee after taken into custody in order to ascertain that the detainee is healthy and
not suffering from torture or ill-treatment, including rape and sexual abuse.
Thereafter, medical care and treatment shall be provided whenever necessary. Every
detainee or his or her legal counsel has the right to request a second medical
examination or opinion. Detainees, even with their consent, must never be subjected
to medical or scientific experimentation which may be detrimental to their health.
Female detainees should be entitled to medical examination by a female doctor. They
should be provided with all necessary pre-natal and post-natal care and treatment.
Restraints should only be used on pregnant women as a last resort and should never
put the safety of a woman or foetus at risk. Women should never be restrained during
labour.

Basic Standard 8: All detainees must be treated humanely. Do not inflict, instigate or
tolerate any act of torture or ill-treatment, in any circumstances, and refuse to obey any order
to do so.

Detainees are inherently vulnerable because they are under the control of law enforcement
officials who therefore have a duty to protect detainees from any violation of their rights by
strictly observing procedures designed to respect the inherent dignity of the human person.
Accurate record-keeping is an essential element of the proper administration of places of
detention. The existence of official records which are open for consultation helps to protect
detainees from ill-treatment including torture. The implementation of Basic Standard 8
requires, among other things, that:

No person under any form of detention may be subjected to torture, or to cruel,

inhuman or degrading treatment or punishment, and law enforcement officers have a
right and a duty to disobey orders to carry out such acts. No law enforcement official
may inflict, instigate or tolerate any act of torture or other cruel, inhuman or
degrading treatment or punishment, nor may they invoke superior orders or
exceptional circumstances such as a state of war or threat of war, or political
instability or other public emergency as a justification for such acts.
Law enforcement officials should be instructed that rape of women in their custody
constitutes an act of torture that will not be tolerated. Similarly, they should be
instructed that any other forms of sexual abuse may constitute torture or cruel,
inhuman or degrading treatment and that offenders will be brought to justice.
The term “cruel, inhuman or degrading treatment or punishment” should be
interpreted so as to extend the widest possible protection against abuses, whether
physical or mental, including holding a detainee in conditions which deprive him or
her, even temporarily, of the use of any of his or her natural senses, such as sight or
hearing, of his or her awareness of place or passing of time. Compliance with the
other basic standards for law enforcement are also essential safeguards against torture
and ill-treatment.
A detainee may not be compelled to confess, to otherwise incriminate himself or
herself or to testify against any other person. While being interrogated, no detainee
may be subject to violent threats or methods which impair his or her capacity of
decision or judgement. Female guards 10 should be present during the interrogation of
female detainees and should be solely responsible for carrying out any body searches
of female detainees.
Children should be detained only as a last resort and for the shortest possible time.
They should be given immediate access to relatives, legal counsel and medical
assistance and relatives or guardians should be informed immediately of their
whereabouts. Juvenile detainees should be kept separate from adults and detained in
separate institutions. They should be protected from torture and ill-treatment,
including rape and sexual abuse, whether by officials or other detainees.
Refugees and asylum seekers detained for non-criminal reasons should never be
detained together with common law prisoners. Conditions and treatment should be
humane, and appropriate to their status as refugees.
Detainees should be kept separate from imprisoned persons and, if requested, be kept
reasonably near their usual place of residence. All detainees should if possible wear
their own clothing if it is clean and suitable, sleep singly in separate rooms, be fed
properly and be allowed to buy or receive books, newspapers, writing materials and
other means of occupation as are compatible with the interests of justice.
Registers of detainees should be kept in all places of detention including police
stations and military bases. The register should consist of a bound book with
numbered pages which cannot be tampered with. Information to be entered in them
should include: The name and identity of each person detained The reasons for his or
her arrest or detention The names and identities of officials who arrested the detainee
or transported him The date and time of the arrest and of the transportation to a place
of detention The time, place and duration of each interrogation and the name of the
person or persons conducting it The time of the detainee's first appearance before a
judicial authority Precise information concerning the place of custody The date, time
 and circumstances of the detainee's release or transfer to another place of detention.
Other measures that can contribute to the proper treatment of detainees are:
Police officers and other competent authorities should allow representatives of the
local or national bar and medical associations, as well as local or national members of
parliament, appropriate international bodies and officials, to visit any police station
and facilities, including detention centres, without restriction for the purpose of
inspection. These bodies and officials must be able to make unannounced visits
These bodies and officials must have access to all parts of each place of detention and
all detainees and be able to interview them freely and without witnesses
These bodies and officials must be able to make return visits whenever they wish
These bodies and officials must be able to make recommendations to the authorities
concerning the treatment of detainees
The treatment of detainees should conform as a minimum to the standards laid down
in the UN Standard Minimum Rules and the Body of Principles.

Basic Standard 9: Do not carry out, order or cover up extrajudicial executions or

“disappearances”, and refuse to obey any order to do so

No one should be arbitrarily or indiscriminately deprived of life. An extrajudicial execution is

an unlawful and deliberate killing carried out by, or on the order of, someone at some level of
government, whether national, state or local, or with their acquiescence

There are several important elements in the concept of an extrajudicial execution:

It is deliberate, not accidental
It violates national laws such as those which prohibit murder, and/or
international standards forbidding the arbitrary deprivation of life.

Its unlawfulness distinguishes an extrajudicial execution from:

A justifiable killing in self-defence
A death resulting from the use of force by law enforcement officials which is
nevertheless consistent with international standards
A killing in an armed conflict situation which is not prohibited by international
humanitarian law

In an armed conflict, even if not an international armed conflict, armed officers and
soldiers of the government, as well as combatants of armed political groups, are prohibited
from carrying out arbitrary and summary executions. These acts would constitute breaches of
Common Article 3 of the Geneva Conventions - (which also prohibits mutilation, torture or
cruel, inhuman or degrading treatment, hostage taking and other gross abuses). The
“disappeared” are people who have been taken into custody by agents of the state, yet whose
whereabouts and fate are concealed. It is a grave violation of human rights to carry out
disappearances.

No order or instruction of any public authority, civilian, military or other, may be

invoked to justify an extrajudicial execution or a “disappearance”. Any person receiving such
an order or instruction has a duty to disobey it.

Basic Standard 10: Report all breaches of these Basic Standards to your senior officer and to
the office of the public prosecutor. Do everything within your power to ensure steps are taken
to investigate these breaches.
 All violations of human rights by the police or other law enforcement personnel,
including any breaches of these Basic Standards, should be investigated fully, promptly and
independently, for instance by the office of the public prosecutor. The main objective of these
investigations is to establish the facts and to bring to justice those responsible:
Has a violation of human rights or a breach of principles or of national
law been perpetrated? If so, by whom?
If a public official has committed a crime or breach of regulations, was
he or she acting under orders or with the acquiescence of other
officials?
Has the office of the prosecutor opened a criminal investigation and, if
there is sufficient admissible evidence, sought to prosecute?

Amnesty International is a worldwide voluntary activist movement working towards the

observance of all human rights as enshrined in the Universal Declaration of Human Rights
and other international standards.

Amnesty International promotes respect for human rights, which it considers

interdependent and indivisible, through campaigning and public awareness activities, as well
as through human rights education and pushing for ratification and implementation of human
rights treaties.

Amnesty International takes action against some of the gravest violations by governments of
people's civil and political rights. The focus of its campaigning against human rights
violations is to:
free all prisoners of conscience. These are people detained for their political,
religious or other conscientiously held beliefs or because of their ethnic origin,
sex, colour, language, national or social origin, economic status, birth or other
status - who have not used or advocated violence;
ensure fair and prompt trials for all political prisoners;
abolish the death penalty, torture and other ill-treatment of prisoners;
end political killings and "disappearances".

Basic Human Rights Standards for Good Conduct by Law Enforcement Officials

1. Everyone is entitled to equal protection of the law, without discrimination on any grounds,
and especially against violence or threat. Be especially vigilant to protect potentially
vulnerable groups such as children, the elderly, women, refugees, displaced persons and
members of minority groups.
2. Treat all victims of crime with compassion and respect, and in particular protect their
safety and privacy.
3. Do not use force except when strictly necessary and to the minimum extent required
under the circumstances.
4. Avoid using force when policing unlawful but non-violent assemblies. When
dispersing violent assemblies, use force only to the minimum extent necessary.
5. Lethal force should not be used except when strictly unavoidable in order to protect
your life or the lives of others.
6. Arrest no person unless there are legal grounds to do so, and the arrest is carried out in
accordance with lawful arrest procedures.
 7. Ensure all detainees have access promptly after arrest to their family and legal
representative and to any necessary medical assistance.
8. All detainees must be treated humanely. Do not inflict, instigate or tolerate any act of
torture or ill-treatment, in any circumstances, and refuse to obey any order to do so. 9.
9. Do not carry out, order or cover up extrajudicial executions or “disappearances”,
and refuse to obey any order to do so.
0Report all breaches of these Basic Standards to your senior officer and to the office of the
public prosecutor. Do everything within your power to ensure steps are taken to investigate
these breaches.

C. RIGHT –BASED POLICING

WHAT IS HUMAN RIGHTS-BASED POLICING? Human Rights-Based Policing

(HRBP) is the comprehensive, systematic, and institutional compliance with international
human rights standards and practices in the conduct of police or law enforcement functions.

It is also an approach to policing that defines the relationship between individual citizens and
various groups or sectors of society as claim holders whose rights have to be respected and
protected by the police; and the Police as duty holders that have obligations to respect, protect
and fulfill human rights. HRBP also aims to empower claimholders to claim their rights,
while strengthening the capacities of duty-holders to meet their duties and obligations as
human rights protectors.
The PNP has three levels of human rights obligations: to respect, protect and fulfill human
rights.
1. To respect human rights means refraining 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.

CHARACTERISTICS OF HUMAN RIGHTS-BASED POLICING

1. Strict Observance of Police Policies and Procedures Human Rights-Based Policing

entails strict observance of police policies and operational procedures.

Most, if not all violations of human rights occur when police officers do not follow
established policies and procedures. Shortcuts, omissions, or blatant disregard for procedures
are unacceptable behavior that violate our national laws, PNP rules and regulations, and
generally accepted socio-cultural norms.

2. Adherence to International Human Rights Standards for Law Enforcement Human

Rights-Based Policing is about adhering to international standards of human rights in
law enforcement.
There are at least ten (10) basic international human rights standards for law enforcement that
all police organizations around the world must strive to attain. By adhering to international
standards, the PNP is able to comply with a uniform set of principles and practices that is
expected from all police officers by the international community. These 10 standards are
discussed in Part III of this guidebook.

3. Professional Competence and Courteous Service Human Rights-Based Policing is

demonstrated through professional competence and courtesy.

In order to prevent human rights violations, the police must only use calibrated force to
subdue suspects. This can only be taught through what is human rights-based policing? 15
realistic simulation of incidents involving both armed and unarmed suspects; as well as
compliant and resisting persons.

4. Respect for Rule of Law and Civilian Supremacy Human Rights-Based Policing is
anchored on the rule of law and recognition of civilian supremacy.

From the term law enforcement, it is understood that there can be no enforcement apart from
the law. Any act of enforcement (that is, the use of police powers or any manner of
application of force) apart from the law may be considered criminal, or at the very least, an
abuse of authority. Respect for rule of law and civilian supremacy is best exemplified when
the police practices accountability for all its actions or, as the case may be, inaction on
matters related to the protection of people’s legal rights.

5. Pro-Democracy and Pro-Citizen Human Rights-Based Policing is democratic and

citizen centered. Democratic values are best demonstrated by the police when it seeks
greater participation by the community in maintaining peace and order.

The police organization must always remain responsive and relevant to the needs of the
RESPECTING HUMAN RIGHTS IS LIKE THE GOLDEN RULE… IT IS ABOUT
TREATING OTHERS IN THE WAY THAT WE WANT TO BE TREATED. what is human
rights-based policing? 17 community --- which is actually the PNP’s main clientele. Through
dialogues and consultations with stakeholders, the police are able to learn about the issues
and concerns that must be addressed at the community level. In most, if not all situations, full
cooperation between the police and the community.

D. GROSS HUMAN RIGHTS VIOLATION (HRV’s)

1. Enforced Disappearance (ED) – the disappeared are the people who have taken
into custody by agents of the State, whose whereabouts are concealed and whose
custody is denied.

2. Extra-judicial Killing (EJK) – are unlawful and deliberate killings, carried out by
order of the government or with its complicity and acquiesces.
 3. Torture – extreme/severe pain through physical or psychological means to elicit
information.

POLICE/MILITARY MAY COMMIT HRV

Unlawful, unnecessary or disappropriate use of force

Arbitrary Arrest or Detention, irregular, unreasonable or disappropriate
Torture or other cruel, inhuman or degrading treatment or punishment
Enforce Disappearance
Summary Execution or Extrajudicial Killing

COMMON CAUSES OF POPULAR DISSATIDFACTION

Selective enforcement of law

Rude behavior, abusive language or contempt towards HR
Ignorance of the laws of HR or deliberately disregard them in matters of arrest,
interrogating, interrogation, searching and detention.
Differential attitude depending on socio-cultural status, economic power nd political
influences of people.

E. POLICE STATION CHECLIST ON HUMAN RIGHTS-BASED POLCING

POLICE STATION CHECKLIST ON HUMAN RIGHTS-BASED POLICING (as

maintained by the Human Rights Desk)

1. Number and profile of personnel with: - Basic and advanced training in human rights
Human rights modules in mandatory and special courses
Additional human rights seminars, workshops, and training conducted by
CHR
Additional human rights seminars, workshop, training conducted by NGOs
and foreign organizations

2. Number of custodial detention facilities / lock-up cells inspected.

Are there separate facilities for men, women, and children?

Is there a regularly updated Database on Detainees including their complete name,
address, age, sex, nature of crime or offense, status of case or investigation, date of
inquest, release or transfer to jail, contact details of lawyer or family, etc.?
Are the custodial detention facilities / lock-up cells clean, safe, and secure?
Are detainees confined in facilities that pose no threat to their health and safety?

3. Number and profile of complaints of alleged human rights violations such as: -

Excessive Use of Force (EF)

Illegal Arrest (IA)
Illegal Detention (ID)
Extralegal Killings (ELK) or summary executions
 Enforced Disappearance (ED)
Other human rights violations

4. Number and status of alleged cases of human rights violations investigated or handled by
the police station.

5. Display of posters and information materials on Rights of Persons Arrested, Detained or

Under Investigation (R.A. 7438) at the police station and other PNP offices. - Display the
posters inside the investigation room, near custodial detention facilities, and other prominent
locations inside the police station.

6. Activation of human rights desk and designation of human rights desk officers (HRDOs) at
the police station level including: - Preparation of Human Rights Desk Workflow and
directory of other PNP units and government agencies involved in human rights protection. -
Human Rights Promotion/Protection Action Plan (police station-level)

7. Coordination with Barangay Human Rights Action Officer (BHRAO) on joint human
rights plans and activities; protective services to victims of human rights violations; and other
mission-essential tasks related to human rights promotion and protection at the community
level.

HUMAN RIGHTS DESK BASIC OPERATION PROCEDURES

HUMAN RIGHTS DESK BASIC OPERATIONAL PROCEDURES Receiving / Taking

Action on Complaints of Alleged Human Rights Violations:

1. Politely greet the complainant or any person that approaches the Human Rights Desk. State
your rank and full name, then ask the complainant or person about his specific need or
purpose for approaching your desk.

2. Through initial interview, evaluate if the complaint is about an alleged human rights
violation or a typical complaint that is supposed to be handled by other desks such as the
Investigation Desk, Women & Children’s Protection Desk (WCPD), etc.

3. Assess if the complaint is about alleged enforced disappearance (ED), extra-legal killing
(ELK), torture (TOR), illegal arrest (IA), or excessive use of force by a police officer and/or
law enforcer (EF).

4. If the complaint is related to human rights violations cited in No. 2, get a written statement
from the complainant about the incident. Get full details of the incident, complete name and
contact details of the complainant, and other pertinent information.

5. Inform the complainant that he/she will receive an update on actions taken by the Human
Rights Desk / Police Station within three (3) days. Further, inform the complainant that the
update on actions taken may be sent via phone call, text message, email, or as a last resort,
via post mail. Also provide the complainant with your official telephone/fax numbers, e-mail
address, and other contact details.
6. Thank the complainant for reporting the incident / alleged human rights violation. Express
reassurance that the Human Rights Desk would closely monitor the actions that will be taken
by the appropriate police units or government agencies that will handle the complaint or
report of alleged human rights violation.

FUNDAMENTAL PRINCIPLES OF INTERNATION HUMANITARIAN LAW

International humanitarian law is the branch of international law that seeks to impose limits
on the destruction and suffering caused by armed conflict. It establishes, in the words of Art.
22 of the Hague Regulations, that “the right of belligerents to adopt means of injuring the
enemy is not unlimited.” A group of general and fundamental principles are central in
pursuing this aim to limit the effects of armed conflicts:

 the principle of humanity (the “elementary considerations of humanity being

reflected and expressed in the Martens clause)
 the principle of distinction between civilians and combatants, and between civilian
objects and military objectives;
 the principle of proportionality,the principle of military necessity (from which
flows the prohibition of superfluous injury and unnecessary suffering.

IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW

International humanitarian law – also called the law of war – sets out detailed rules that seek
to limit the effects of armed conflict. In particular, it protects those who are not, or no longer,
taking part in the fighting, and sets limits on the means and methods of warfare.
Humanitarian law is a universal set of rules. Its main treaties have been accepted by nearly
every State in the world. However, becoming party to these agreements is only a first step.
Efforts must be made to implement humanitarian law – to turn the rules into action.

International humanitarian law – also called the law of war – sets out detailed rules that seek
to limit the effects of armed conflict. In particular, it protects those who are not, or no longer,
taking part in the fighting, and sets limits on the means and methods of warfare.
Humanitarian law is a universal set of rules. Its main treaties have been accepted by nearly
every State in the world. However, becoming party to these agreements is only a first step.
Efforts must be made to implement humanitarian law – to turn the rules into action.

Both Civilians And The Military Personnel Are Familiar With The Rules Of
Humanitarian Law;

The Structures, Administrative Arrangements And Personnel Required For

Compliance With The Law Are In Place;

Violations Of Humanitarian Law Are Prevented, And Punished When They Do

Occur.

Learning Task 1:

1. Read the following resource materials. (Module or E-resources)

 a. Police Regional Office. https://pro5.pnp.gov.ph/portal/index.php/about-us/mission-
vision/282-pnp-mission
b. National Capital Region Police Office. https://www.ncrpo.pnp.gov.ph/vision-
mission-core-values-and-functions/
c. The Philippine National Police. http://www.pnp.gov.ph/20-about-pnp/427-pnp-charter-
statement
2. Draw the Philippine National Structure. http://www.pnp.gov.ph/index.php/about-
us/organizational-structure.

Learning Task 2:

1. Read the following resource materials. (Module or E-resources)

a. 10 Basic Human Rights Standards for Good Conduct by Law Enforcement
Officials.
https://www.amnesty.org/download/Documents/156000/pol300041998en.pdf
b. International Human Rights Standard for Law Enforcement.
https://www.ohchr.org/Documents/Publications/training5Add1en.pdf
2. Write an essay on how does human right affects the police officers?
https://www.theguardian.com/humanrightsandwrongs/affect-public-sector

Learning Task 3:

1. Read the following resource materials. (Module or E-resources)

a. PNP Guide Book for Right-Based Policing.
https://pnp.gov.ph/images/Manuals_and_Guides/PNP-Guide-on-Human-based-Policing.pdf
b. Fundamental Rights-Based Policing. https://fra.europa.eu/en/speech/2019/fundamental-
rights-based-policing
2. Summarize the Right- Based Policing.
https://pnp.gov.ph/images/Manuals_and_Guides/PNP-Guide-on-Human-based-Policing.pdf

Learning Task 4:

1. Read the following resource materials. (Module or E-resources)

a. To Serve and to Protect: Human Rights and Humanitarian Law for Police and Security
Forces. https://www.icrc.org/en/publication/0698-serve-and-protect-human-rights-and-
humanitarian-law-police-and-security-forces
b. Human Rights and Law
Enforcement.https://www.un.org/ruleoflaw/files/training5Add2en.pdf

2. Write a short essay about. Rights Group Maps 'Excessive Force’ Against Black Lives
Matter Protesters.
Learning Task 5:

1. Read the following resource materials. (Module or E-resources)

a. Implementing International Humanitarian Law. file:///C:/Users/cla-
16/Downloads/implementing_ihl.pdf
b. Fundamental of International Humanitarian Law.
https://casebook.icrc.org/glossary/fundamental-principles-ihl
2. Write an essay about the implementation of the PNP in implementation of international
humanitarian law. https://www.google.com/search?
q=fundamental+principles+of+international+humanitarian+law&oq=Fundamental+Principles
+of+Inte&aqs=chrome.0.0l2j69i57j0l4j46.18254j0j7&sourceid=chrome&ie=UTF-8

References;

- https://pnp.gov.ph/images/Manuals_and_Guides/PNP-Guide-on-Human-
based-Policing.pdf
- https://www.un.org/ruleoflaw/files/training5Add2en.pdf
- https://www.icrc.org/en/publication/0698-serve-and-protect-human-rights-
and-humanitarian-law-police-and-security-forces
- https://www.geneva-academy.ch/joomlatools-files/docman-
files/Publications/Academy%20Briefings/Briefing%206%20What%20is%20a
%20serious%20violation%20of%20human%20rights%20law_Academy
%20Briefing%20No%206.pdf
- google.com/search?
q=fundamental+principles+of+international+humanitarian+law&oq=Fundame
ntal+Principles+of+Inte&aqs=chrome.0.0l2j69i57j0l4j46.18254j0j7&sourceid
=chrome&ie=UTF-8
- https://casebook.icrc.org/glossary/fundamental-principles-ihl
- https://www.icrc.org/en/doc/resources/documents/article/other/57jptw.htm
- https://pnp.gov.ph/news-and-information/30-pnp-expands-human-rights-
training-for-cops