HUMAN RIGHTS

and
International
Humanitarian Law
 Topics:
1.What are Human Rights?
2. Classifications of Human Rights
3. Human Rights in the Global Scenario
4. Human Rights in the Philippines
5. International Humanitarian Law
-Geneva Conventions of 1949
-Hague Convention
-RA 9851
7. Conclusion
Ano ang pagkakaunawa nyo sa
KARAPATANG PANTAO?
(Human Rights)
…Universal legal guarantees;

...civil, political, economic, social and cultural;

…protect human values (freedom, equality, dignity)

…inherent to individuals and, to some extent, groups;

…reflected in international norms and standards;

…legally binding on States.

 HUMAN RIGHTS
are what we need to live life in freedom and
dignity and to have our basic needs met.
 Are the “basic rights and freedoms that all
human beings have.”

Are rights that every human being has by

virtue of his or her human dignity
Are inherent to all human beings,
regardless of nationality, place of
residence, sex, national or ethnic
origin, skin color, religion, language, or
any other status.

We are all equally entitled to our

human rights without discrimination.
HUMAN RIGHTS MAKE MAN HUMAN
No cause is more worthy than the cause of
human rights. Human rights are more than legal
concepts: they are the essence of man. They are
what make man human. That is why they are
called human rights: deny them and you deny
man’s humanity.

Jose “Ka Pepe” Diokno

Father of Human
Rights Advocacy in the
Philippines
United Nations Definition:

Those rights, which are

inherent in our nature and
without which we cannot
live as Human Beings.
Human Rights

Are the Supreme, Inherent and Inalienable Rights

to LIFE, to DIGNITY and to SELF-DEVELOPMENT.

(CHR definition)
•Universal

•Inherent

•Inalienable
•Indivisible
Interrelated
UNIVERSALITY (Para sa Lahat)
Human rights are endowed every human being
from the moment of birth without distinction
as to race, color, religion, age, ethnic origin,
status or condition in life. Dignity being
inherent in every human being remains the
same whatever the situation is, or everywhere
is.

Human rights are held by all persons equally,

universally, and forever.

“Human rights are foreign to no culture and

native to all nations.”
 FOUNDATIONS OF HUMAN RIGHTS
Inherent - Human rights are innate,
AND THE VARIOUS RIGHTS
OF INDIVIDUALS

natural, inborn in us. They are not

granted by any authority. They do not
need any event for their existence.
(Likas)
Inalienable – Human rights cannot be
separated, transferred or taken away or
be forfeited. (Hindi maaring
tanggalin/ihiwalay)
INDIVISIBILITY (Hindi pwedeng hati-hatiin)
The indivisibility of human rights is a
manifestation that a person cannot be
denied or deprived of his or her human
rights, notwithstanding that he or she has
already enjoyed, or is already enjoying
other rights.
Human rights are not piecemeal rights and
freedoms, hence, not capable of division.
INTERDEPENDENT &
INTERRELATEDNESS (Magkakaugnay)

• The fulfillment, enjoyment or

exercise of a particular right cannot
be attained without the realization of
the other rights.

Human rights are inter-linked with

one another. All human rights are
part of a complementary framework.
 Topics:
1. What are Human Rights?
2.Classifications of Human Rights
3. Human Rights in the Global Scenario
4. Human Rights in the Philippines
5. International Humanitarian Law
-Geneva Conventions of 1949
-Hague Convention
-RA 9851
6. Conclusion
 FOUNDATIONS OF HUMAN RIGHTS
AND THE VARIOUS RIGHTS
Classification of Human Rights OF INDIVIDUALS

A. According to Source:
1. Natural Rights - God given, unwritten but acknowledge by
everyone as morally good and prevail as norms of society.

Examples are the right to life, liberty and property.

2. Constitutional Rights – Enshrined in the Constitution and cannot
be removed unless the Constitution is amended or changed.

Examples are right to suffrage, worker’s rights, reproductive

rights.

3. Statutory Rights – Provided by law, promulgated by law-making

body, and therefore may be abolished by the same body.

Put together, constitutional rights and statutory rights are

sometimes referred to legal rights
 FOUNDATIONS OF HUMAN RIGHTS
AND THE VARIOUS RIGHTS
OF INDIVIDUALS
B. According to Aspects of Life:

1. Civil Rights – Rights which the law will enforce at the

instance of private individuals for the purpose of securing
to them the enjoyment of their means and happiness.

Examples: Right to a name, Right to form a family, Right to security

of persons, papers and effects

2. Political Rights – Rights which enable us to participate in

running the affairs of the government either directly or
indirectly.

Examples: Right to vote, Right to information on matters of public concern

and Right to initiative and referendum.
 FOUNDATIONS OF HUMAN RIGHTS
AND THE VARIOUS RIGHTS
3. Economic and Social Rights – Rights whichOFthe law
INDIVIDUALS
confers upon the people to enable them to achieve
social and economic development, thereby
ensuring them their well-being, happiness and
financial security.
Examples are rights to property, right to education , right
to promotion of social justice.

4. Cultural Rights – Rights 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.
 FOUNDATIONS OF HUMAN RIGHTS
AND THE VARIOUS RIGHTS
OF INDIVIDUALS
C. According to Recipient:
1. Individual Rights or Rights of Man – Rights accorded
to individuals.
Examples:
• Right to life (right to health, right to food, right to rest and
leisure);

• Right to dignity (rights to recognition everywhere as person, right

to freedom and thought, right to religion); and

• Right to self-development ( right to education, right to form

associations, right to share in the cultural life of our community).
 FOUNDATIONS OF HUMAN RIGHTS
AND THE VARIOUS RIGHTS
2. Collective Rights – People’s or Solidarity rights
OF INDIVIDUALS
and rights of Society. These are enjoyed only in
the company of others.
Examples are :
• Right of people to survive (right to peace, right to non-
transgression, right to share in international trade);

• Right of people to self-determination (right to freedom from all

forms of racial discrimination, right to political independence
and freedom from colonialism);

• Right to develop as people (rights to freely choose the goals and

means of development, right to implement social and economic
reforms and ensure participation of all people in the process and
benefits of development).
 FOUNDATIONS OF HUMAN RIGHTS
AND THE VARIOUS RIGHTS
D. According to its Derogability: OF INDIVIDUALS

1. Non-derogable or Absolute Rights – Rights that can not be

suspended, taken away and restricted/limited even in extreme
emergency. There are seven absolute rights of human
beings.
1. Right to life;
2. Right against torture or cruel, inhuman or degrading
treatment or punishment;
3. Right to recognition everywhere as a person before the
law;
4. Right not to be imprisoned merely on the ground of
inability to fulfill a contractual obligation;
5. Right against retroactive penal laws/ex-post facto laws;
6. Rights to freedom of thoughts, conscience and religion;
and
7. Right to freedom from slavery and involuntary servitude
 FOUNDATIONS OF HUMAN RIGHTS
AND THE VARIOUS RIGHTS
2. Derogable/Relative/Non-Absolute Rights – These are OF
rights that
INDIVIDUALS
may be suspended or restricted. Examples are: Right to
religion, right to move, right to travel. For a right to be
restricted, it has to satisfy three conditions.

1.It is provided in the law which is made known

to every citizen.
2.There is a state of emergency which
necessitates the urgent preservation of the
public good, public safety, and public moral.
3.It does not exceed what is strictly necessary to
achieve the purpose.
 Topics:
1. What are Human Rights?
2. Classifications of Human Rights
3.Human Rights in the Global Scenario
4. Human Rights in the Philippines
5. International Humanitarian Law
-Geneva Conventions of 1949
-Hague Convention
-RA 9851
6. Conclusion
At the international level, HR are often
defined, expressed, or guaranteed by law
in the form of treaties, conventions,
customary international law, general
principles, and other legal instruments.
 obliges Governments to act in certain
ways or to refrain from certain acts in
order to promote and protect HR and
fundamental freedoms of individuals or
groups.
 CORE INTERNATIONAL
HUMAN RIGHTS INTRUMENTS

UDHR

ICCPR ICESCR

CEDAW CERD
CRC CAT
ICAED
MWC CRPD
Preamble:
“…recognition of the inherent dignity and of the
equal and inalienable rights of all members of the
human family is the foundation of freedom,
justice and peace in the world…”

Universal Declaration
of Human Rights
(UDHR)
10 December 1948
 Article 1.
All human beings are born
free and equal in dignity and
rights. We should treat each
other with a spirit of
brotherhood
 Article 2.

No discrimination. We
are all entitled to all
the human rights.
 Article 3.
Everyone has the right to
life, liberty and security
of person.
 Article 4.

No slavery
 Article 5.

No torture, cruel, inhuman

or degrading treatment or
punishment.
 Article 6.
Everyone should be
recognized everywhere
as a person before the
law.
 Article 7.

We are all equal and

entitled to protection
against any
discrimination
 Article 8.

For violations, you

have legal
remedies.
 Article 9.

No arbitrary arrest,
detention or exile.
Need legal cause
 Article 10.

Right to a
fair trial
 Article 11.

We are presumed
innocent until proved
guilty, by legal means
 Article 12.

Right to privacy
and to
reputation.
 Article 13.

Right to freedom of
movement and
residence.
 Article 14.

Right to seek
asylum.
 Article 15.

Right to a
nationality and to
change his
nationality.
 Article 16.

Right to marry.
Marriage needs
consent. Family is
protected.
 Article 17.

Right to own property.

No arbitrary deprivation.
 Article 18.
Right to freedom
of thought and
religion.
 Article 19.

Freedom of
expression and
opinion.
 Article 20.
Freedom of peaceful
assembly and
association.
 Article 21.
Right to take part in
government and
equal access to
public service
 Article 22.
Right to social
security &
economic, social
and cultural rights
 Article 23.

Right to work, just

and equal pay,
form trade unions.
 Article 24.

Right to rest and

leisure, holidays
with pay.
 Article 25.

Right to standard of
living, social services,
protection for all
children
 Article 26.

Right to
Education
 Article 27.

Right to cultural
life, copyright.
 Article 28.

Right to a world
where all rights can
be realized.
 Article 29.

Everyone has duties to

the community for
human rights.
 Article 30.

No one can take

away our human
rights.
It is important to note that respect
for HR remains inviolable over the
performance of the public officials
duties and functions unless it is
proven that the exercise of certain
rights runs counter to the
requirements of morality, law and
public order, and the general
welfare of the people.
 Basic International Human Rights Standards for
Law Enforcement

a) Everyone is entitled to equal protection

of the law without discrimination on any
grounds.
b) Treat all victims of crime with
compassion and respect; protect their
safety and privacy.
c) Do not use force except when strictly
necessary, and only to the minimum
extent necessary.
 Basic International Human Rights Standards for
Law Enforcement

d) Avoid use of force when policing

unlawful but non-violent assemblies.
e) Lethal force should not be used except
when strictly unavoidable in order to
protect your life or the lives of others.
f) Arrest of persons must be done only on
legal grounds, and carried out according to
lawful arrest procedures.
Basic International Human Rights Standards for
Law Enforcement
g) Ensure all detainees have immediate access to their
family, lawyer, and any necessary medical care.
h) All detainees must be treated humanely. Do not inflict,
instigate, or tolerate any act of torture or ill-treatment,
in any circumstances --- and refuse any order to do so.
i) Do not carry out, order, or cover-up extra-judicial
executions, enforced disappearances, and refuse to
obey any order to do so.
j) Report all violations of these Basic Standards to your
senior officer and to the Office of the Prosecutor. Do
everything you can to ensure steps are taken to
investigate these violations.
THE UNITED NATIONS ALSO PRESCRIBE THE
FOLLOWING EIGHT (8) ARTICLES OF THE U.N.
CODE OF CONDUCT FOR LAW ENFORCEMENT
OFFICIALS:

1.Always perform duties under the law.

2.RESPECT AND SAFEGUARD HUMAN RIGHTS.
3.Use force only when strictly necessary.
4.Respect confidentiality.
5. Never inflict any act of torture or
ill-treatment.
6. Safeguard the health of all those
in custody.
7. Never commit any act of
corruption.
8. Respect the law and this Code.
 Topics:
1. What are Human Rights?
2. Classifications of Human Rights
3. Human Rights in the Global Scenario
4.Human Rights in the Philippines
5. International Humanitarian Law
-Geneva Conventions of 1949
-Hague Convention
-RA 9851
6. Conclusion
 COMMON MYTHS ABOUT HUMAN
RIGHTS

• Human Rights = civil rights.

• Economic, Social, and Cultural Rights (i.e.,
healthcare, housing) are privileges.
• Human Rights applies only in poor, foreign
countries.
• Human Rights are only concerned with
violations.
• Only lawyers can understand the significance
of Human Rights.
 MISCONCEPTION ABOUT HUMAN RIGHTS &
HUMAN RIGHTS DEFENDERS
HR is anti-government/authority
HR makes one radical
HR is pro-communist
HR undermines responsibility
HR promotes pessimism or negativity
HR threatens good Filipino values
 MISCONCEPTION ABOUT HUMAN RIGHTS &
HUMAN RIGHTS DEFENDERS
Other perceptions by some in the police and the
armed forces

Human rights only protect anti-government

activities and do not benefit the PNP and the
AFP.

Human rights are hindrance to military & police

operations; it is an obstacle to mission
accomplishment.
What is the constitutional Policy on
Human rights?

Art. II, Sec. 11 of the 1987 Constitution

“The State values the dignity of

every human person and
guarantees full respect for human
rights.”
What Article of the 1987 Constitution can we
find our basic human rights?

Article III on the Bill of Rights.

What are our basic rights stated under Art. III,

Sec. 1 which says “No person shall be
deprived of life, liberty or property without
due process of law nor shall any person be
denied the equal protection of law?
They are rights to life, liberty and property.
What is right to life?

The constitutional protection of the

right to life:
• the right to be alive or to exist

• The right to security of one’s limb

against any form of physical harm;
and

• Also extends the right to a good life.

What is the right to liberty?
“Liberty is freedom to do right and never
wrong”….ever guided by reason and the upright
and honorable conscience of man.
1. Liberty of Abode and Travel
2. Freedom of Religion
3. Freedom of Expression
4. Right against involuntary servitude and
freedom from slavery
5. Right to suffrage
6. Right to marry and a found family
7. Rights against unreasonable searches and
siezures
Q : What is the right to property?

A: Anything that can make under the right of

ownership and be the subject of contract

1. Personal –
Limitations

– possession of which is lawful

– must be within the commerce of man

2. Real
Limitation – State’s power of eminent domain
What is due process of law?

“A law which hears before it condemns,

which proceeds upon inquiry and renders
judgment only after trial.”

“ Responsiveness to the supremacy of

reason, obedience to the dictates of
justice.”

“It is nothing more and nothing less than

the embodiment of the sporting idea of
fair play.”
 Sino ang pangunahing may
obligasyon na magtataguyod at
magbibigay ng paggalang
sa ating mga karapatan?
STATE Obligation to Human Rights
States must refrain from interfering with or
respect curtailing the enjoyment of human rights.

States to protect individuals and groups

protect against human rights abuses.

States must take positive action to facilitate the

fulfill enjoyment of basic human rights.
 Bakit ang ESTADO
ang pangunahing inaasahan
na magbibigay paggalang
at magtataguyod ng
KARAPATANG PANTAO?
 • Batay sa Social Contract Theory
Ang estado ay itinatag ng
mamamayan para sa kaniyang kagalingan.

• Batay sa kalikasan ng estado

 may kapangyarihan na ipagkaloob
ang kagalingan ng mamamayan
 may kapangyarihan din na lumabag
sa karapatang pantao
 2 Partido sa Kasunduan sa
Karapatang Pantao

Duty Bearer
Accountability
Fulfills
Claims
Responsibility
Rights
towards
from

Right
Right Holder
Holder
Participation
Participation
Why the PNP must promote and protect HR?
The PNP must promote and protect HR
because this task lies at the very core of:
a)maintaining peace and order,
b)ensuring public safety, and
c)upholding the rule of law in the country.

It can be said that HR Protection is the First

Business of Policing.
 Administrative Order 249

Directs all government agencies to

enhance efforts to promote and protect
Human Rights.
PNP Doctrine, Policies, and
Issuances on Human Rights
Human rights are emphasized
in the following PNP
doctrine, code of conduct,
and policies:
PNP References on 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 a responsible community
towards the attainment of a
safer place to live work and do
business.
PNP Mission

To enforce the law, to prevent

and control crimes, to maintain
peace and order, and to ensure
public safety and internal
security with the active support
of the community.
PNP HUMAN RIGHTS
ADVOCACY STATEMENT

“To Serve and Protect”

is upholding Human
Rights through
Competency &
Professionalism.
Principles of Human Rights (PANTHER)
PANTHER is an acronym or mnemonic that stands
for:
Participation
Accountability
Non-discrimination
Transparency
Human Dignity
Empowerment and
Rule of Law.
PARTICIPATION is about the active involvement
of the people in public planning and decision-making.
This is applied when the LE conducts multi-sector consultations,
dialogues, and other similar activities that encourage and
enable citizens, NGOs, civil society, and other sectors of society
to participate in the process of policy or action planning and
other activities related to public safety, law enforcement, and
the protection of human rights.
This is anchored on the Right to Participate in Government
or the “right of citizens to freely, voluntarily, effectively and fully
participate in government, and in processes constituting the
conduct of public affairs, without sanction or threat.”
ACCOUNTABILITY It is a recognition that the purpose for
existence of the LE is to serve and protect the public; and, as
declared in the Constitution, since all power and authority of
the government emanates from the people, it is the
obligation of the public officer to remain fully accountable to
the people.

Accountability means that the LE has obligations to the people

or claim holders of human rights in terms of conduct and
results. On conduct, all LE personnel are accountable to the
people for all their actions and the consequences of those
actions.
Thus, LE must be professional, competent, effective, and
efficient in rendering his/her services. On results, all LE
services must be responsive to the needs and expectations
of the people.
The LE must deliver or implement policies, actions, decisions,
services, and other law enforcement-related outputs and
outcomes, including those related to the attainment of
human rights goals and objectives. The publication of
reports; providing the public with information about
policies and procedures; open and transparent bidding
processes in the PNP; and the implementation of strict
internal disciplinary measures are good examples of
accountability.
NON-DISCRIMINATION is about providing
service to all persons without any bias or
prejudice. The LE must serve all persons
with utmost professionalism, competence,
courtesy, and respect regardless of age,
sex, race or ethnic origin, gender or sexual
orientation, social and economic status, or
any other status.
TRANSPARENCY means that the PNP, as much as practicable and
without risk to national security or public safety, allows the
public to gain access to policies, plans, documents, rules and
regulations, and other information that affects their safety,
security, and well-being.
Closely related to the principle of accountability, the PNP also
practices transparency by regularly providing the public and
other concerned sectors about PNP policies, operations,
accomplishments, and other important information.
Through the PNP Public Information Office any person may obtain
information from the police as long as the requested information
does not compromise national security and public safety.
HUMAN DIGNITY as a principle means that
the PNP values the inherent and
immutable dignity of every person at all
times, without exception. It also entails
the provision of special services or
measures that meet the unique needs of
the poor, vulnerable, and marginalized
sectors of society.
EMPOWERMENT is the acknowledgement and
full respect for people’s capacity to think and
act freely for and on their own behalf for the
purpose of identifying solutions to problems.
As it relates to the principle of participation,
this means that the PNP recognizes that
people or claimholders of human rights have
the power to explore and maximize their
potential and shape their collective destiny.
RULE OF LAW is the observance of the principles and values of
justice, equity, fairness, and impartiality in all policies,
plans, decisions, procedures, and all other actions related to
law enforcement and public safety. Respect for legal
procedures, human rights principles, as well as the
enforcement of human rights laws, treaties, and protocols
are good examples of respect for the principle of Rule of
Law.

As a law enforcement agency, the PNP must continuously and

consistently uphold the rule of law --- which includes the
enforcement of laws related to human rights.
Whenever a human rights violation is
committed, a law is broken.
Therefore, the PNP can best apply
the principle of rule of law by
deterring crime, bringing
lawbreakers before the bar of
justice, and by ensuring that human
rights are fully respected and
protected.
 Other Human Rights Principles
1. Attention to vulnerable groups – The state has
the obligation to create and maintain adequate
measures at the national level, in the fields of
education, health and social support, for the
promotion of the rights of the persons in
vulnerable sectors and to ensure their
participation.
Among the vulnerable groups are the
children/youth, women, prisoners, senior
citizens, indigenous peoples, handicapped or
differently- abled persons.
3. Equality – All persons should enjoy all human
rights on an equal basis and in their totality.
Equality demands that women and men equally
enjoy and exercise all fundamental rights and
freedoms.

4. Equity – In the guarantee of fundamental rights

and freedoms, equity is fairness, justice and
impartiality. Equity demands that the poor
should not be disproportionately burdened.
5. Good governance –Good governance has the
following characteristics:
• Participatory
• Consensus oriented
• Accountable
• Transparent
• Responsive
• Effective and efficient
• Equitable and inclusive
• Follows the Rule of the Law
6. Independence of the Judiciary – The judiciary as
the final arbiter of all disputes that may arise
from the exercise of human rights has the
following crucial role:
• Protecting human rights
• Respecting human rights
• Fulfilling human rights

7. Legislative capacity - Human rights standards

must be guaranteed by law. The legislature
must enact laws that aim always and only to
uphold the inherent dignity of every person.
Constitutional & Legal Bases of Human Rights
Protection
The promotion and protection of HR are
part of our constitutional and legal
framework:

The Government exists to maintain peace

and order, and protect life, liberty and
property, as well as promote the general
welfare of the people (1987 Philippine
Constitution Article 2, Section 4-5).
The State is responsible for promoting social
justice and recognizes the value of human
dignity and respect for human rights (1987
Philippine Constitution Article 2, Sections
10-11).
The State recognizes and promotes the
rights of indigenous cultural communities
within the framework of national unity
and development. (1987 Philippine
Constitution Article 2, Section 22).
The State recognizes, promotes, and protects the
rights of all citizens as defined in the Bill of
Rights. (1987 Philippine Constitution Article 3,
Section 1-22).
Congress shall give highest priority to the
enactment of measures that protect and
enhance the rights of all the people to human
dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by
equitably diffusing wealth and political power
for the common good.
(1987 Phil Consti Art I3, Section 1).
The State shall defend the right of
children to assistance, including
proper care and nutrition, and
special protection from all forms
of neglect, abuse, cruelty,
exploitation and other conditions
prejudicial to their development.
(1987 Philippine Constitution Article 15, Section
3).
Other parts of the 1987 Philippine
Constitution and laws such as R.A. 7438
(Rights of Persons Arrested, Detained or
Under Custodial Investigation and Duties
of the Arresting, Detaining and
Investigating officers),

R.A. 9262 (Anti-Violence Against

Women & Children), and
CHR: Dignity of all
 An independent national human
rights institution.
 Created by the 1987
Constitution on May 5, 1987 by
virtue of EO 163.
 It is an investigative body.
CHR: Dignity of all
 VISION
A just and humane Philippine
society of persons equal in
opportunity, living a life of
dignity, and forever vigilant
against abuses and
oppression.

CHR: Dignity of all

 MISSION
As conscience of government
and the people, we seek truth in
human rights issues. As beacon
of truth, we make people aware
of their rights, and guide
government and society towards
actions that respect the rights of
all, particularly those who
cannot defend themselves— the
disadvantaged, marginalized, and
vulnerable. CHR: Dignity of all
CREATED BY VIRTUE OF THE

1987 PHILIPPINE
CONSTITUTION
There is hereby created an independent office
called the Commission on Human Rights.(Art.
XIII, Sec.17)

The State values the dignity of every human

person and guarantees full respect for human
rights. (Art. II, Sec. 11)

CHR: Dignity of all

 WHO WE
SERVE
 All persons within the Philippines and Filipinos abroad
 Both rights-holders and duty-bearers.
 Victims of human rights violations, their families as well as
those witnesses whose testimony is vital in the investigation and
prosecution of human rights violations.
 All national government agencies and instrumentalities within
the Executive, Legislature and Judiciary, independent
constitutional commissions, Local Government Units,
government-owned and controlled corporations, state
universities and colleges, civil society groups.
 Regional and international community to strengthen our work in
the promotion and protection of all human rights for all.

CHR: Dignity of all

The State values the dignity of every human person and guarantees full
respect for human rights. (Art. II, Sec. 11)

CHR: Dignity of all

ROLE OF CHR AS AN NHRI:

ADVOCAT WATCHDO EDUCATO

ADVISER
E G R

CHR: Dignity of all

NATIONAL LAWS GIVING SPECIFIC
MANDATES TO THE CHR

CHR: Dignity of all

NATIONAL LAWS GIVING SPECIFIC
MANDATES TO THE CHR

CHR: Dignity of all

 Topics:
1. What are Human Rights?
2. Classifications of Human Rights
3. Human Rights in the Global Scenario
4. Human Rights in the Philippines
5. International Humanitarian Law
-Geneva Conventions of 1949
-Hague Convention
-RA 9851
6. Conclusion
 INTERNATIONAL
HUMANITARIAN LAW
(IHL)
LAW OF ARMED CONFLICT (LOAC)

Mr. Danilo T. Balino

Information Officer III
CHR-I
 Session Objectives
• Explain the rationale of International
Humanitarian Law (IHL);

• Explain the key elements and principles of

IHL/LOAC; and

• Describe the difference of International

Humanitarian Law (IHL) and International
Human Rights Law (IHRL).
Declaration of Principles and State Policies

• The Philippines renounces war as an

instrument of national policy, adopts the
generally accepted principles of
international law as part of the law of the
land and adheres to the policy of peace,
equality, justice, freedom, cooperation,
and amity with all nations. Article II, Section 2.
 The first treaty was born quite
literally on the battlefield of
Solferino in June 1859 where
some 40,000 soldiers were left
wounded or dead within the
space of few hours- witnessed
by a Swiss businessman,
Henry Dunant
On his return to Geneva, Dunant wrote a book
on his experience, A Memory of Solferino.
He suggested that the States should “formulate
some international principles sanctioned by a
Convention inviolate in character´and giving
legal protection to wounded soldiers in the
field. His proposal received enormous support
all over Europe that led to a diplomatic
conference in Geneva, Switzerland, which
resulted in the initial Geneva Convention of
August 1864 for the Amelioration of the
Condition of the Wounded and the Sick in
Armies in the Field.
For the very first time, States
agreed to limit, in an
international treaty open to all,
their own power to wage war in
favor of the individual, and for
the first time, war gave way to
written law. The Modern
international humanitarian law
or, the law of armed conflict/law
of war was born.
 What is International Humanitarian Law
(IHL)?
also called Law of Armed Conflict (LOAC)
and previously known as the Law of War

Branch of International Law (IL)

That governs relations between members
of the international community; aims to
maintain peace, to protect the human being in
a just order, and to promote social progress
and freedom
 What is International Humanitarian Law
(IHL)?
• Seeks to mitigate the effects of war or
armed conflict and to alleviate human
suffering:
- limits the choice of means and
methods of conducting military operations

- obliges the belligerents to spare

persons who do not or no longer
participate in hostile actions
In essence, IHL aims to protect
non-combatants or persons who
are not or no longer involved in
armed hostilities.

While protecting civilian

populations and non-combatants,
IHL also seeks to protect the
natural environment, the
preservation of which is needed
for human life and survival.
CHR: Dignity of all
IHL only applies to armed conflicts and
not to internal disturbances such as riots,
demonstrations, protest rallies, and
sporadic or isolated incidents of violence
that occur inside the territory of a State.

Serious violations of IHL are called war

crimes.
All parties to an armed conflict, whether
state or non-state actors, are bound to
observe International Humanitarian Law.

CHR: Dignity of all

 Rationale

• When States cannot or will not settle their

disagreements or differences by means of
peaceful discussion, weapons are suddenly
made to speak.

• War inevitably results in immeasurable

suffering among people and in severe
damage to objects.
 Jus ad bellum & Jus in bello

Jus ad bellum – (right to war)

is a set of criteria that are to be
consulted before engaging in war, in order
to determine whether entering into war is
permissible; that is, whether it is a just war.
(Why)

Jus in bello – (laws of war)

are the international rules pertaining to how
armed conflict must be conducted (How)
 Jus ad bellum
(law on the use of force)

Prohibition:

Article 2(4) of the UN Charter:

“All members shall refrain in their

international relations from the threat or the
use of force against the territorial integrity or
political independence of any state, or in any
other manner inconsistent with the purposes of
the United Nations”
 Jus ad bellum
(law on the use of force)

o Exceptions

Article 42: “Should the Security Council

consider that measures provided for in Article 41
would be inadequate or have proved to be
inadequate, it may take such action by air, sea, or
land forces as may be necessary to maintain or
restore international peace and security.”

Article 51: “Nothing in the present Charter

shall impair the inherent right of individual or
collective self-defense if an armed attack occurs
against a Member of the United Nations.”
 Jus in bello
(law in war)

• set of laws that come into effect once a war has

begun

• it regulates only those aspects of the conflict

which are of humanitarian concern

• its purpose is to regulate how wars are fought,

without prejudice to the reason of how or why
they had begun
 International Humanitarian Law
Set of rules which for humanitarian reasons seeks:

the protection of those,

who are not, or, are no
longer able to take part in
the fighting; and

the restrictions on the means

of warfare, notably weapons,
and the methods of warfare,
namely military tactics.
 Streams of IHL

1.Law of Geneva – deals with the protection of

war victims, be they military or civilians, on
land or water. This protects all persons “hors
de combat”: wounded, sick, shipwrecked and
POW’s.

2.Law of The Hague - deals with the regulation

of the methods and means of combat and puts
emphasis on the conduct of military
operations.
 Streams of IHL

Additional PROTOCOLS Additional PROTOCOLS

in the in the
GENEVAL CONVENTIONS THE HAGUE CONVENTIONS

ADDITIONAL PROHIBITIONS/RESTRICTIONS
PROTECTION OF ON THE USE OF CERTAIN
VICTIMS CONVENTIONAL WEAPONS

Protocol I –
Protocol I –
On non-detectable fragments
International Armed
Conflict Protocol II –
Protocol II – On the use of mines, booby traps an
other devices.
Internal Armed Conflict Protocol III-
Protocol III- On the use of incendiary weapons.
Additional distinctive emblem Protocol IV-
On the use of blinding laser weapons.
GENEVA CONVENTIONS OF 12 AUGUST
1949

I. Geneva Convention II. Geneva Convention

Amelioration of the Amelioration of the condition
condition of the wounded of the wounded, sick and
and sick in the armed forces shipwrecked members of
in the field (1864) armed forces at sea (1906)

III.Geneva Convention IV. Geneva Convention

Treatment of prisoners of Protection of civilians in time of
war (POW) (1929) war
 Common Article 3

Applies to non-international armed conflicts.

- Protects every
individual not or no longer
actively involved in
hostilities (including
wounded and sick).
 Common Article 3
Applies to non-international armed conflicts.

- Prohibits violence to life and persons,

including cruel treatment and torture;
taking of hostages; degrading
treatment; passing of sentences and
carrying out of executions without
previous judgment by a court.

- Applies at all times in all places

without exception in armed conflict.
ADDITIONAL PROTOCOLS OF 8 JUNE
1977
I. Additional Protocol I:
I
Relating to the protection of victims of
INTERNATIONAL armed conflicts

II. Additional Protocol II:

II
Relating to the protection of victims of
NON-INTERNATIONAL armed conflicts
ADDITIONAL PROTOCOL OF 2005

III. Additional Protocol III:

III
Relating to the Adoption of an
Additional Distinctive Emblem

Red Cross symbol Red Crescent symbol Red Crystal emblem

Prohibitions based on Martens Clause
Martens Clause Article 1(2) of Additional
Protocol I; Preamble, 1907 Hague Convention IV

In cases not covered by this Protocol,

or by other international agreements,
civilians and combatants remain
under the protection and authority of
the principles of international law,
derived from established custom,
from the principles of humanity, and
from the dictates of public
conscience.
 Principles of IHL

HUMANITY

NON-
DISTINCTION
DISCRIMINATION

NECESSITY &
PROPORTIONALITY
 Principle of Distinction
Combatants Non-Combatants
 Armed forces of the Civilians or persons not belonging to
government the armed forces or groups

 Armed groups opposing the

 children, women,
government aged/elderly, sick
 Uniformed  Imam/Pastor/Priest
 Distinctive sign  Press/Media
 Under responsible
 Wounded combatant who is
command
unable to fight
 Subject to Law of War
 Captured and unarmed combatants
 Carrying arms openly
 Medical personnel
during military
engagement  Red Cross workers.
 Principle of Distinction

Military Target Non-Military Target

Armed Forces of the Non-combatants
government • Civilian Population
• Wounded & Sick
• Captured & Detainees
Armed Groups opposing the
• Imam/Pastor/Priest
government
• Press/Media
Protected Places/Objects
Military establishments, Medical establishment,
positions
Personnel, equipment, and
transport
Objects that by nature, Hospital zones/facilities
location and purpose Red Cross personnel,
contribute to military action establishment, equipment &
transport
CIVILIAN POPULATION
NON COMBATANTS
NON COMBATANTS
WOUNDED
POW

s
HOSPITAL

hospbomb
CULTURAL PROPERTY

civils
 Who is protected?
IHL protects persons who do not take part in the fighting.

Civilian
Those who are
Children
no longer able to
Women
fight.
Aged/Elderly

Wounded
Red Cross, Medical Shipwreck
and Religious Sick
Personnel Captured enemies
Press/Media
RAPE & MURDER
Children shall be
provided with care
and aid; remove
them from conflict
areas;

Separated children shall be

reunited with their families
Children below 18 years-
old shall not be recruited in
the armed forces or take
part in the hostilities
(R.A 7610)

Death penalty shall not be

pronounced on persons
who were below 18 years-
old at the time of the
conflict-related offense.
 What is protected?
Objects
necessary for Chemical plants
survival Installation
with
dangerous
matter

Demilitarized/
peace zones Cultural and
Dam
Nuclear/Electrical Religious
Stations
places

HOSPITAL
Hospital
 Protected places and objects

Hospitals and ambulances

are also protected and must
not be attacked.

IHL sets out a number of

clearly recognizable
emblems and signals which
can be used to identify
protected people and places

These includes the Red Cross,

Red Crescent and Red Crystal
 Necessity and Proportionality

“The right of belligerents to adopt

means of injuring the enemy is not
unlimited.”
Article 22, Hague Conventions Respecting the Laws and Customs of
War on Land 1907
 Necessity and Proportionality

• A belligerent may apply only the amount

and kind of force necessary to defeat the
enemy;
• Attacks on military objects must not cause
loss of civilian life considered excessive
in relation to the direct military advantage
anticipated.
 Necessity and Proportionality

IHL prohibits all

means and methods
of warfare which
cause superfluous
injury or unnecessary
suffering.
 Principle of Humanity

• Principle of humane treatment

requires that civilians are treated
humanely at all times.

• Civilians are entitled to respect for

their physical and mental integrity,
their honour, family rights, religious
convictions and practices, and their
manners and customs.
 Principle of Humanity
• Common Article 3 of the GCs prohibits
violence to life and person (including
cruel treatment and torture), the taking
of hostages, humiliating and degrading
treatment, and execution without
regular trial against non-combatants,
including persons hors de combat
(wounded, sick and shipwrecked).
Principle of Non-Discrimination
• Adverse distinction based on race,
nationality, religious belief or political
opinion is prohibited in the treatment of
prisoners of war and persons hors de
combat.

• All protected persons shall be treated with

the same consideration by parties to the
conflict, without distinction based on race,
religion, sex or political opinion.
Who must respect IHL?

• States
• Individuals
 Non- compliance with the obligation
under the IHL
• Render individual liable under penal law as many
as national and international courts have
recognized (ex. Philippine Act on Crimes Against International
Humanitarian Law, Genocide , and Other Crimes Against Humanity of
RA 9851)

• When state becomes party to the treaty of

international humanitarian law, it undertakes to
respect all the obligations contained in the treaty.
It may therefore be liable under the law if it does
not meet its obligations.
Violation of IHL-What courts should impose
punishment?
• NATIONAL COURT
WHAT ABOUT THE INTERNATIONAL
COURTS LIKE THE INTERNATIONAL
CRIMINAL COURT (ICC)
The creation of International Court does not
change the situation since it (ICC) will be
competent only on the condition that the
state do not wish to try those accused of war
crimes themselves or unable to do so. (ICC)
complements with the local courts.
 What is ICC?

• Is a permanent court with world wide

jurisdiction for trying individuals charged with
the most serious breach of the IHL.
 IHL VS. IHRL
Applies in situations of armed Applies in war and in peace

conflict
Rights are non-derogable Certain rights may be suspended
in emergencies
Seeks to protect by limiting Seeks to protect the individual
suffering caused by war and promote development by
limiting state power
Monitored by ICRC Monitored by various
mechanisms, e.g. treaty bodies,
courts, individuals
Emphasizes cooperation
between parties to the
conflict
Basic Rules of IHL
According to the International Committee of
the Red Cross (ICRC), the basic rules of
International Humanitarian Law are as
follows:
1. Persons hors de combat (outside of
combat) and those not taking part in
hostilities shall be protected and treated
humanely.
2. It is forbidden to kill or injure an enemy
who surrenders or who is hors de combat.
3. The wounded and sick shall be cared for
and protected by the party to the conflict
which has them in its power. The emblem
of the Red Cross, Red Crescent, and Red
Crystal shall be recognized and respected
as signs of humanitarian protection.
4. Captured combatants and civilians must
be protected against acts of violence and
reprisals. They shall have the right to
correspond with their families and to
receive relief.
5. No one shall be subjected to torture,
corporal punishment or cruel or degrading
treatment.
6. Parties to a conflict and members
of their armed forces do not have
an unlimited choice of methods
and means of warfare.
7. Parties to a conflict shall at all
times distinguish between the
civilian population and
combatants. Attacks shall be
directed solely against military
objectives.
Salient Points of R.A. 9851
In December 11, 2009, Republic Act 9851
entitled, an Act Defining and Penalizing Crimes
against International Humanitarian Law,
Genocide and other Crimes against Humanity
was enacted by Congress.
According to R.A. 9851, both state and non-
state armed groups must adhere to
international humanitarian law standards.
The said law also provides legal recourse to
victims and prescribes appropriate
punishment to those convicted of war crimes,
genocide, and crimes against humanity.
 The following acts are crimes against
International Humanitarian Law (IHL) and
are now punishable under R.A. 9851:
During International Armed Conflict
1.Willful killing;
2.Torture or inhuman treatment, including
biological experiments;
3. Willfully causing great suffering, or serious
injury to body or health;
4. Extensive destruction and appropriation of
property not justified by military necessity and
carried out unlawfully and wantonly;
5. Willfully depriving a prisoner of war or
other protected person of the rights of
fair and regular trial;
6. Arbitrary deportation or forcible
transfer of population or unlawful
confinement;
7. Taking of hostages;
8. Compelling a prisoner a prisoner of war
or other protected person to serve in the
forces of a hostile power; and
9. Unjustifiable delay in the repatriation of
prisoners of war or other protected
persons.
During Non-International Armed Conflict
1.Violence to life and person, in particular,
willful killings, mutilation, cruel treatment and
torture;
2.Committing outrages upon personal dignity, in
particular, humiliating and degrading
treatment;
3. Taking of hostages; and
4. The passing of sentences and the carrying out
of executions without previous judgment
pronounced by a regularly constituted court,
affording all judicial guarantees which are
generally recognized as indispensable.
Other Serious Violations
1. Internationally directing attacks against the
civilian population as such or against
individual civilians not taking direct part in
hostilities;
2. Intentionally directing attacks against civilian
objects, that is, objects which are not military
objectives;
3. Intentionally directing attacks against
buildings, material, medical units and
transport, and personnel using the distinctive
emblems of the Geneva Conventions or
Additional Protocol III in conformity with
international law;
4. Intentionally directing attacks against
personnel, installations, material, units or
vehicles involved in a humanitarian assistance or
peacekeeping mission in accordance with the
Charter of the United Nations, as long as they
are entitled to the protection given to civilians
or civilian objects under the international law of
armed conflict;
5. Launching an attack in the knowledge that such
attack will cause incidental loss of life or injury
to civilians or damage to civilian objects or
widespread, long-term and severe damage to
the natural environment which would be
excessive in relation to the concrete and direct
military advantage anticipated;
6. Launching an attack against works or installations
containing dangerous forces in the knowledge that
such attack will cause excessive loss of life, injury to
civilians or damage to civilian objects, and causing
death or serious injury to body or health .
7. Attacking or bombarding, by whatever means, towns,
villages, dwellings or buildings which are undefended
and which are not military objectives, or making non-
defended localities or demilitarized zones the object
of attack;
8. Killing or wounding a person in the knowledge that
he/she is hors de combat, including a combatant
who, having laid down his/her arms or no longer
having means of defense, has surrendered at
discretion;
9. Making improper use of a flag of truce, of the flag or
the military insignia and uniform of the enemy or of
the United Nations, as well as of the distinctive
emblems of the Geneva Conventions or other
protective signs under International Humanitarian
Law, resulting in death, serious personal injury or
capture;
10. Intentionally directing attacks against buildings
dedicated to religion, education, art, science or
charitable purposes, historic monuments, hospitals
and places where the sick and wounded are
collected, provided they are not military objectives.
In case of doubt whether such building or place has
been used to make an effective contribution to
military action, it shall be presumed not to be so
used;
11. Subjecting persons who are in the power of
an adverse party to physical mutilation or to
medical or scientific experiments of any kind,
or to removal of tissue or organs for
transplantation, which are neither justified by
the medical, dental or hospital treatment of
the person concerned nor carried out in
his/her interest, and which cause death to or
seriously endanger the health of such person
or persons;

12. Killing, wounding or capturing an adversary

by resort to perfidy;

13. Declaring that no quarter will be given;

14. Destroying or seizing the enemy’s property unless
such destruction or seizure is imperatively demanded
by the necessities of war;
15. Pillaging a town or place, even when taken by
assault;
16. Ordering the displacements of the civilian
population for reasons related to the conflict, unless
the security of the civilians involved or imperative
military reasons so demand;
17. Transferring, directly or indirectly, by the occupying
power of parts of its own civilian population into the
territory it occupies, or the deportation or transfer of
all or parts of the population of the occupied territory
within or outside this territory;
18. Committing outrages upon
personal dignity, in particular,
humiliating and degrading
treatments;
19. Committing rape, sexual slavery,
enforced prostitution, forced
pregnancy, enforced sterilization, or
any other form of sexual violence
also constituting a grave breach of
the Geneva Conventions or a serious
violation of common Article 3 to the
Geneva Conventions;
20. Utilizing the presence of a civilian or
other protected person to render certain
points, areas or military forces immune
from military operations;
21. Intentionally using starvation of
civilians as a method of warfare by
depriving them of objects indispensable
to their survival, including willfully
impeding relief supplies as provided for
under the Geneva Conventions and their
Additional Protocols;
22. In an international armed conflict,
compelling the nationals of the hostile
party to take part in the operations of
war directed against their own country,
even if they were in the belligerent’s
service before the commencement of the
war;

23. In an international armed conflict,

declaring abolished, suspended or
inadmissible in a court of law the rights
and actions of the nationals of the hostile
party;
24. Committing any of the following acts:
a. Conscripting, enlisting or recruiting children
under the age of fifteen (15) years into the
national armed forces;
b. Conscripting, enlisting or recruiting children
under the age of eighteen (18) years into an
armed force or group other than the national
armed forces; and
c. Using children under the age of eighteen (18)
years to participate actively in hostilities; and
25. Employing means of warfare which are
prohibited under international law, such as:
a. Poison or poisoned weapons;
b. Asphyxiating, poisonous or other gases,
and all analogous liquids, materials or
devices;
c. Bullets which expand or flatten easily in
the human body, such as bullets with
hard envelopes which do not entirely
cover the core or are pierced with
incisions; and
d. Weapons, projectiles and
material and methods of
warfare which are of the
nature to cause superfluous
injury or unnecessary suffering
or which are inherently
indiscriminate in violation of
the international law of armed
conflict.
Genocide
R.A. 9851 defines Genocide as acts with the
intent to destroy, in whole or in part, a
national, ethnic, racial, religious, social or any
other similar stable and permanent group as
such:

1. Killing members of the group;

2. Causing serious bodily or mental harm to

members of the group;
3. Deliberately inflicting on the group conditions
of life calculated to bring about its physical
destruction in whole or in part;

4. Imposing measures intended to prevent births

within the group; and

5. Forcibly transferring children of the group to

another group.

R.A. 9851 also makes it unlawful for any person

to directly and publicly incite others to commit
genocide.
Other Crimes against Humanity
- refers to any of the following acts when
committed as part of a widespread or
systematic attack directed against any
civilian population, with knowledge of
the attack:
1. Willful killing;
2. Extermination;
3. Enslavement;
4. Arbitrary deportation or forcible
transfer of population;
5. Imprisonment or other severe
deprivation of physical liberty in violation
of fundamental rules of international
law;

6. Torture;

7. Rape, sexual slavery, enforced

prostitution, forced pregnancy, enforced
sterilization, or any other form of sexual
violence of comparable gravity;
8. Persecution against any identifiable group or
collectivity on political, racial, national, ethnic,
cultural, religious, gender, sexual orientation or other
grounds that are universally recognized as
impermissible under international law, in connection
with any act referred to in this paragraph or any
crime defined in this Act;

9. Enforced or involuntary disappearance of persons;

10. Apartheid; and

11. Other inhumane acts of a similar character

intentionally causing great suffering, or serious injury
to body or to mental or physical health.
 In summary...

• IHL is part of universal law whose purpose

is to forge and ensure peaceful relations
between peoples.

• IHL promotes humanity in times of war

and aims to prevent – or at least hinder –
mankind’s decline to a state of complete
barbarity.
Guidelines / Suggested Action Items:
a. All military/police commanders are enjoined to provide
briefings and/or organize seminars to inform and educate
their staff and personnel. For the members of PNP
especially maneuver units (ex. PNP Special Action Force,
Regional/Provincial Mobile Groups, etc.) deployed in
conflict-affected areas of the country, about International
Humanitarian Law and R.A. 9851.

b. Designated Human Rights Desk Officers (HRDOs) shall

have the primary responsibility of providing information
about International Humanitarian Law and R.A. 9851 to
Military/police personnel in their respective areas of
jurisdiction.
c. All military/police personnel must know, understand, and
apply the seven (7) Basic Rules of International
Humanitarian Law.
d. Violations of IHL and R.A. 9851 must be immediately
reported to the Human Rights Desk and/or to the
Government of the Philippines - Monitoring Committee
(GPH-MC).

e. Food blockades, preventing the transport of relief goods

and other supplies, stopping medical missions, and
causing delays, stoppage, or any unnecessary disruption
of humanitarian and/or rescue services is illegal.

f. Enforced or involuntary disappearance is prohibited

under International Humanitarian Law. The said act also
became a criminal offense with the enactment of the Anti-
Enforced or Involuntary Disappearance Law or Republic
Act 10353.
 What are the Consequences of Human
Rights Violations?
Respect of Human Rights Disregard of Human Rights

•Peace & Order •Violence

•Rule of Law •Crime
•Justice •Injustice
•Equality •Inequality and Discrimination

•Life, Liberty and Freedom •Slavery

•Socio-Economic Progress •Oppression
•Education •Poverty and Ignorance
•Sustainable Development •Degradation of the Environment
 Topics:
1. Human Rights Workshop
2. What are Human Rights?
3. Classifications of Human Rights
4. Human Rights in the Global Scenario
5. Human Rights in the Philippines
6. International Humanitarian Law
-Geneva Conventions of 1949
-Hague Convention
-RA 9851
7. Conclusion
Conclusion:
1. Human rights are the basic rights and
freedoms that belong to every person in
the world.
2. The State bears the main obligation to
respect, protect, fulfill and ensure human
rights guarantees both under international
and national laws.
3. Everyone is obliged to respect another’s
human rights.
• Human rights are the basic rights and freedoms
that belong to every person in the world.
• The State bears the main obligation to respect,
protect and ensure human rights guarantees
under international law.
• To confront, remedy and prevent the most serious
human rights violations in terms of civil and
political rights, as well as to uphold, protect and
promote the full scope of human rights and
fundamental freedoms , respect for human rights
must adhere to and be bound by the principles
and standards embodied in international
instruments on human rights.
THANK YOU VERY MUCH
AND
GOD BLESS!

DANILO T. BALINO
Head, Promotions Division
Commission on Human Rights RO-1