LESSON 1

A CONCISE HISTORY OF HUMAN RIGHTS

TOPICS:
1. The Spread of Human Rights
2. The Magna Carta (1215)
3. Petition of Right (1628)
4. United States Declaration of Independence (1776)
5. The Constitution of the United States of America (1787) and Bill of Rights (1791)
6. Declaration of the Rights of Man and of the Citizen (1864)
7. The First Geneva Convention (1864)
8. The United Nation (1945)
9. The Universal Declaration of Human Rights (1948)

LEARNING OUTCOMES: At the end of the lesson the student should be: be
aware of the history of Human Rights;
familiarize the extent of the human rights; and
acquaint to the universal declaration of human rights and other related international
laws regarding in the human rights.

Topic 1: THE SPREAD OF HUMAN RIGHTS

Originally, people had rights only because of their membership in a group, such as a family. Then, in 539
BC, Cyrus the Great, after conquering the city of Babylon, did something totally unexpected—he freed all slaves to
return home. Moreover, he declared people should choose their own religion. The Cyrus Cylinder, a clay tablet
containing his statements, is the first human rights declaration in history.

The idea of human rights spread quickly to India, Greece and eventually Rome. The most important advances
since then have included:
1215: The Magna Carta—gave people new rights and made the king subject to the law.
1628: The Petition of Right—set out the rights of the people.
1776: The United States Declaration of Independence—proclaimed the right to life, liberty and the pursuit of
happiness.
1789: The Declaration of the Rights of Man and of the Citizen—a document of France, stating that all
citizens are equal under the law.
1948: The Universal Declaration of Human Rights—the first document listing the 30 rights to which
everyone is entitled.

Topic 2: THE MAGNA CARTA (1215)

The Magna Carta, or “Great Charter,” was arguably the most significant early
influence on the extensive historical process that led to the rule of constitutional
law today in the English-speaking world.
In 1215, after King John of England violated a number of ancient laws and
customs by which England had been governed, his subjects forced him to sign the
Magna Carta, which enumerates what later came to be thought of as human rights.
Magna Carta, or “Great Charter,”
Among them was the right of the church to be free from governmental signed by the King of England in
interference, the rights of all free citizens to own and inherit property and to be 1215, was a turning point in human
protected from excessive taxes. It established the right of rights.

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widows who owned property to choose not to remarry, and established principles of due process and equality before the
law. It also contained provisions forbidding bribery and official misconduct.
Widely viewed as one of the most important legal documents in the development of modern
democracy, the Magna Carta was a crucial turning point in the struggle to establish freedom.

Topic 3: PETITION OF RIGHT (1628)

The next recorded milestone in the development of human rights was the Petition
of Right, produced in 1628 by the English Parliament and sent to Charles I as a statement of
civil liberties. Refusal by Parliament to finance the king’s unpopular foreign policy had
caused his government to exact forced loans and to quarter troops in subjects’ houses as an
economy measure. Arbitrary arrest and imprisonment for
opposing these policies had produced in Parliament a violent hostility to Charles and to George Villiers, the Duke of
Buckingham.
The Petition of Right, initiated by Sir Edward Coke, was based upon earlier
In 1628 the English Parliament
statutes and charters and asserted four principles: (1) No taxes may be levied without consent sent this statement of civil
of Parliament, (2) No subject may be imprisoned without cause shown (reaffirmation liberties to King Charles I.
of the right of habeas corpus), (3) No soldiers may be quartered upon the citizenry, and (4)
Martial law may not be used in time of peace.

Topic 4: UNITED STATES DECLARATION OF INDEPENDENCE (1776)

On July 4, 1776, the United States Congress approved the Declaration of

Independence. Its primary author, Thomas Jefferson, wrote the Declaration as a formal explanation
of why Congress had voted on July 2 to declare independence from Great Britain, more than a
year after the outbreak of the American Revolutionary War, and as a statement announcing that the
thirteen American Colonies were no longer a part of the British Empire. Congress issued the
Declaration of Independence in several forms. It was initially published as a printed broadsheet
that was widely distributed and read to the public.
Philosophically, the Declaration stressed two themes: individual rights and the right of In 1776, Thomas Jefferson penned
the American Declaration of
revolution. These ideas became widely held by Americans and spread internationally Independence.
as well, influencing in particular the French Revolution.

Topic 5: THE CONSTITUTION OF THE UNITED STATES OF AMERICA (1787) AND BILL OF RIGHTS (1791).

Written during the summer of 1787 in Philadelphia, the Constitution of the United
States of America is the fundamental law of the US federal system of government
and the landmark document of the Western world. It is the oldest written national
constitution in use and defines the principal organs of government and their jurisdictions
and the basic rights of citizens.
The first ten amendments to the Constitution—the Bill of Rights—came into effect
on December 15, 1791, limiting the powers of the federal government of the United States
and protecting the rights of all citizens, residents and visitors in American territory.
The Bill of Rights protects freedom of speech, freedom of religion, the right The Bill of Rights of the US
to keep and bear arms, the freedom of assembly and the freedom to petition. Constitution protects basic freedoms of
It also prohibits unreasonable search and seizure, cruel and unusual punishment United States citizens.
and compelled self-incrimination. Among the legal protections it affords, the Bill of Rights prohibits Congress from
making any law respecting establishment of religion and prohibits the federal government from depriving

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any person of life, liberty or property without due process of law. In federal criminal cases it requires
indictment by a grand jury for any capital offense, or infamous crime, guarantees a speedy public trial with an
impartial jury in the district in which the crime occurred, and prohibits double jeopardy.

Topic 6: DECLARATION OF THE RIGHTS OF MAN AND OF THE CITIZEN (1789)

In 1789 the people of France brought about the abolishment of the absolute
monarchy and set the stage for the establishment of the first French Republic. Just six weeks
after the storming of the Bastille, and barely three weeks after the abolition of feudalism, the
Declaration of the Rights of Man and of the Citizen (French: La Déclaration des Droits de
l’Homme et du Citoyen) was adopted by the National Constituent Assembly as the first step
toward writing a constitution for the Republic of France.
The Declaration proclaims that all citizens are to be guaranteed the rights of “liberty,
property, security, and resistance to oppression.” It argues that the
need for law derives from the fact that “...the exercise of the natural rights of each Following the French Revolution in 1789, the
Declaration of the Rights of Man and of the
man has only those borders which assure other members of the society the Citizen granted specific freedoms from
enjoyment of these same rights.” Thus, the Declaration sees law as an oppression, as an “expression of the general
“expression of the general will, “intended to promote this equality of rights and to will.”
forbid “only actions harmful to the society.”

Topic 7: THE FIRST GENEVA CONVENTION (1864)

In 1864, sixteen European countries and several American states

attended a conference in Geneva, at the invitation of the Swiss Federal Council,
on the initiative of the Geneva Committee. The diplomatic conference was
held for the purpose of adopting a convention for the treatment of wounded
soldiers in combat.
The main principles laid down in the Convention and maintained by the
later Geneva Conventions provided for the obligation to extend care without
discrimination to wounded and sick military personnel and respect for and
marking of medical personnel transports and equipment with the distinctive sign The original document from the first Geneva
of the red cross on a white background. Convention in 1864 provided for care to
wounded soldiers.

Topic 8: THE UNITED NATION (1945)

Fifty nations met in San Francisco in 1945 and formed the United Nations to protect and promote
peace.
World War II had rage from 1939 to 1945, and as the end drew near, cities throughout Europe and
Asia lay in smoldering ruins. Millions of people were dead, millions more were homeless or starving. Russian forces
were closing in on the remnants of German resistance in Germany’s bombed-out capital of Berlin. In the Pacific, US
Marines were still battling entrenched Japanese forces on such islands as Okinawa.
In 1945, delegates from fifty countries met in San Francisco full of optimism and hope. The goal of the United
Nations Conference on International Organization was to fashion an international body to promote peace and prevent
future wars. The ideals of the organization were stated in the preamble to its proposed charter: “We the peoples of
the United Nations are determined to save succeeding generations from the scourge of war, which twice in our
lifetime has brought untold sorrow to mankind”.
The charter of the new United Nations organization went into effect on October 24, 1964, a date that is
celebrated each year as United Nations Day.

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 Topic 9: THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (1948)

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 (General Assembly
resolution 217 A) 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 and it has been translated into over 500 languages.

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 ASSESSMENT

ESSAY: Answer the following questions briefly. Write your answer under each question ( 5pts).
1. Explain the main principles of the First Geneva Convention of 1864.

2. Explain the Magna Carta or Great Charter of 1215.

3. Discuss the Universal Declaration of Human Rights (1984).

4. Discuss the importance of the International Humanitarian law to the Human Rights in the Philippines.

5. Cite brief history of Human Rights in the Philippines.

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Reflection paper: (The outline would be: INTRODUCTION, BODY PARAGRAPH/SELF REFLECTIVE ESSAY,
AND CONCLUSION)
Topic: Human Rights in the Philippines.

“Integrity is choosing your thoughts and actions based on values rather than personal gain”.

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 LESSON 2
HUMAN RIGHTS

TOPICS:
1. Human Rights Definition
2. Classification of Human Rights
3. Sources of Human Rights

LEARNING OUTCOMES: At the end of the lesson the student should be: define
Human Rights;
determine the classification of human rights; and
identify the source of human rights.

“Human Rights are those rights which are inherent in our Nature and without which we cannot live as Human
Beings” -United Nation-
Human dignity plays a special part of the provision of our preamble in the 1987 Constitution. The State
values the dignity of every human person and guarantees full respect for human rights.
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 11, Art. II, Philippine Constitution)

Topic 1: HUMAN RIGHTS DEFINE

Human Rights define as the “supreme, inherent and inalienable rights to life, to dignity, and to self-
development. It is the essence of these rights that makes man human. Human rights are fundamental freedoms
which are necessary and indispensable in order to enable every member of the human race to live a life of dignity.
Source: [Link]

What are human rights?

Human rights are the basic rights and freedoms that belong to every person in the world, from birth until
death.
They apply regardless of where you are from, what you believe or how you choose to live your life. They can
never be taken away, although they can sometimes be restricted – for example if a person breaks the law, or in
the interests of national security.
These basic rights are based on shared values like dignity, fairness, equality, respect and independence.
These values are defined and protected by law.
In Britain, human rights are protected by the Human Rights Act 1998.
In the Philippines, human rights are protected by the Article 2, Philippine Constitution

Confucian says: Do not do unto other what you would not have them done unto you.

Islam Advocates: No one of you is a believer, until he desires for his brother, which he desires for himself.

Christianity Teaches: In everything, do to others just what you want them to do for you.

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 Topic 2: CLASSIFICATION OF HUMAN RIGHT

According to source:
1. Natural or Moral Rights – God given right, acknowledged 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 Aspect of Life:

Civil Rights – rights the law will enforce at instance of private individuals for purpose of securing to them the enjoyment
of happiness. Civil rights guarantee people from abuses of State agents in the exercise of the State’s in three
(3) inhering 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.
Civil and Political rights are guarantees against government abuse. Referred as Justiciable rights –
immediately enforce once violated. Called negative rights because State is refrained from
violating them.
Economic, Social and Cultural Rights – rights of people to self-determination, to pursue economic, social and cultural
development and 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 – may be suspended or restricted or limited depending on circumstances – for
preservation of social life.

State Obligation to Human Rights:

Obligation to RESPECT: Requires the State and all its organs and agents – to abstain from doing anything that violates
the integrity or individual or fringes on his/her freedom
Obligation to PROTECT: Requires the State and its agents – the measures necessary to prevent other individuals
or groups from violating the integrity, freedom of action, or the Human Rights of the individual.
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 instruments, which
cannot be secured by personal efforts.
A Right is an entitlement (Claim)
Such right maybe violated but they can never be taken away.

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Human Right are legal Rights – therefor Human Rights is a part of Philippine Laws.
Basic Rule: Law and Order and Peace and Security are matters of AFP responsibility.
Existence of Rule of Law and Respect for Rule of Law
Implies where rights, freedom, obligations 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

What are the basic Principles of Human Rights?

Human right 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 inalienable. As such they cannot be stripped or rightfully taken away from any free human person.
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, notwithstanding that he or she has already enjoyed, or is already enjoying other rights. Human
right 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 conditions in life.
Human Rights are Interdependent. The fulfillment enjoyment or exercise of a 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 and helpless.

Topic 2: SOURCE OF HUMAN RIGHTS

International Bill of Human Rights (HR):

1. Universal Declaration of Human Right (UDHR)
2. International Covenant on Civil and Political Rights (ICCPR)
3. International Covenant on Economic, Social and Cultural Rights (ICESCR)

Subsequent International Human Rights Document:

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 on the Rights of the Child (CRC)
4. Convention Against Torture and other Cruel, Inhuman or Degrading Treatment of Punishment (CAT)

Relevant Human Right Provision of the 1987 Constitution: (see Appendix)

1. Bill of Rights – Article III, Section 1-22

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 2. Declaration of Principles and State Policies – Article II, Sections 1-5 and 7, 9, 23
3. Social Justice and Human Rights – Article XIII, Section 17-18

According to Aspect of Life

1. Civil Rights – Right to a Name, Nationality, to Mary and to Found a Family, to Liberty and Security of
Person
2. Political Rights – Right to Vote, to Initiative and Referendum, to Information on Matters of Public
Concern
3. Economic and Social Right – Right to Work, to Social Security, to Property Right to Education

According to Struggle and Recognition

1. First Generation Rights – Civil and 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 by law which is made known to every citizen. There is a state of emergency which
necessitates the urgent preservation of the public good, public safety and public morals; and it does not exceed
what is strictly necessary to achieve its purpose.

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 ASSESSMENT

ESSAY: Answer the following questions briefly. Write your answer under each question ( 5pts).
1. Using your own idea, explain what is human right for you.

2. Discuss the State Obligation to Human Right.

3. Identify the sources of Human Rights.

4. Explain the Human Rights Provision of the 1987 Constitution

5. Discuss the basic principles of Human Rights.

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Reflection paper: (The outline would be, INTRODUCTION, BODY PARAGRAPH/SELF REFLECTIVE ESSAY,
AND CONCLUSION)
Topic: MAGNA CARTA FOR WOMEN (RA 9710) (Human Rights for Women)

“Integrity is not something you show others. It is how you behave behind their back”.

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 LESSON 3
FOUNDATION OF HUMAN RIGHTS PRINCIPLES AND CLASSIFICATION

TOPICS:
1. Importance of Human Rights
2. Ten (10) Basic Human Rights Standards to Law Enforcement Officials
3. Root Causes of Human Rights Violation
4. Right-Based Policing
5. Police Station Checklist on Human Rights-Based Policing
6. Human Rights Desk Basic Operational Procedures
7. Fundamental Principles of International Humanitarian Law

LEARNING OUTCOMES: At the end of the lesson the student should be: identify
the principles and classification of human rights; recognize the
importance of human rights to law enforcement;
enumerate the different international human rights and the root cause of the violation of human
rights; and
gather the checklist of human right based policy of the law enforcement.

Topic 1: IMPORTANCE OF HUMAN RIGHTS

Interest and awareness of human rights has grown in recent decades. In 1948, the United Nations released the Universal
Declaration of Human Rights, which has become the most important document of what should be considered the
standard for basic equality and human dignity.

Ten (10) Reason why Human Rights is Importance

1. Human rights ensure people have basic needs met

Everyone needs access to medicine, food and water, clothes, and shelter. By including these in a
person’s basic human rights, everyone has a baseline level of dignity. Unfortunately, there are still millions of
people out there who don’t have these necessities, but saying it’s a matter of human rights allows activists and
others to work towards getting those for everyone.

2. Human rights protect vulnerable groups from abuse

The Declaration of Human Rights was created largely because of the Holocaust and the horrors
of WII. During that time in history, the most vulnerable in society were targeted along with the Jewish
population, including those with disabilities and LGBT. Organizations concerned with human rights focus
on members of society most vulnerable to abuse from power holders, instead of ignoring them.

3. Human rights allow people to stand up to societal corruption

The concept of human rights allows people to speak up when they experience abuse and
corruption. This is why specific rights like the right to assemble are so crucial because no society is perfect. The
concept of human rights empowers people and tells them that they deserve dignity from society, whether it’s the
government or their work environment. When they don’t receive it, they can stand up.

4. Human rights encourage freedom of speech and expression

While similar to what you just read above, being able to speak freely without fear of brutal reprisal is more
expansive. It encompasses ideas and forms of expression that not everybody will like or agree with, but no one
should ever feel like they are going to be in danger from their government because

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 of what they think. It goes both ways, too, and protects people who want to debate or argue with certain
ideas expressed in their society.

5. Human rights give people the freedom to practice their religion (or not practice any)
Religious violence and oppression occur over and over again all across history, from the
Crusades to the Holocaust to modern terrorism in the name of religion. Human rights acknowledges the
importance of a person’s religion and spiritual beliefs, and lets them practice in peace. The freedom to
not hold to a religion is also a human right.

6. Human rights allows people to love who they choose

The importance of freedom to love cannot be understated. Being able to choose what one romantic
life looks likes is an essential human right. The consequences of not protecting this right are clear when you
look at countries where LGBT people are oppressed and abused, or where women are forced into
marriages they don’t want.

7. Human rights encourage equal work opportunities

The right to work and make a living allows people to flourish in their society. Without
acknowledging that the work environment can be biased or downright oppressive, people find themselves
enduring abuse or insufficient opportunities. The concept of human rights provides a guide for how
workers should be treated and encourages equality.

8. Human rights give people access to education

Education is important for so many reasons and is crucial for societies where poverty is common.
Organizations and governments concerned with human rights provide access to schooling, supplies, and more in
order to halt the cycle of poverty. Seeing education as a right means everyone can get access, not just the elite.

9. Human rights protect the environment

The marriage between human rights and environmentalism is becoming stronger due to climate
change and the effects it has on people. We live in the world, we need the land, so it makes sense that what
happens to the environment impacts humanity. The right to clean air, clean soil, and clean water are all as
important as the other rights included in this list.

10. Human rights provide a universal standard that holds governments accountable
When the UDHR was released, it had a two-fold purpose: provide a guideline for the future and force the world
to acknowledge that during WWII, human rights had been violated on a massive scale. With a standard
for what is a human right, governments can be held accountable for their actions. There’s power in naming
an injustice and pointing to a precedent, which makes the UDHR and other human right documents so
important.
Source: [Link]
watch the video

Topic 2: TEN (10) BASIC HUMAN RIGHTS STANDARDS TO LAW ENFORCEMENT OFFICIALS

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

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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

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. Special
attention should be given to the protection of human rights of members of potentially vulnerable groups, such as
children, the elderly, women, refugees, displaced persons and members of minority groups.

Basic Standard 2:
Treat all victims of crime with compassion and respect, 5 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

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 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 6 non-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-defense or in defense 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

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 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 an 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. Un-convicted 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.

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 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. 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 defense and to
exercise his or her rights.
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 fetus at risk. Women should never
be restrained during labor.

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.

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 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 judgment. 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 centers, 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

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 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-defense
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.

All police officers and all other law enforcement personnel should be aware of their right and duty to disobey
orders the implementation of which might result in serious human rights violations. Since those violations are
unlawful, police officers and others must not participate in them. The need to disobey an unlawful order should be
seen as a duty, taking precedence over the normal duty to obey orders. The duty to disobey an unlawful order entails
the right to disobey it.

The right and duty to disobey an order to participate in “disappearances” and extrajudicial killings are
incorporated in the UN Declaration on Disappearances (Article 6) and in the UN Principles on Extra-Legal, Arbitrary and
Summary Executions (Principle 3). The UN Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials protect the right to disobey by stating that no criminal or disciplinary sanction should be imposed on law
enforcement officials who, in compliance with these Basic Principles and the UN Code of Conduct for Law Enforcement
Officials, refuse to carry out an order to use force and firearms or who report such use by other officials.

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?

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 Topic 3: ROOT CAUSES OF HUMAN RIGHTS VIOLATION

The Causes of Human Rights Violations

1. Lack of a Fair Trial – A characteristics of element of modern democratic states is their ability to offer FAIR TRIALS
to those accused of crimes. Trying to treat everyone, even suspected criminals with fairness, and have two principal
reasons for this:
a. Punish real criminals. A fair trial is one in which everything is done to avoid punishing the
wrong persons. To avoid miscarriages of justice
b. Use court proceedings only to punish criminals and deter crime, not for political or personal reasons,
as is often the case in dictatorships.
2. Lack of Good Governance – bad governance is a cause of under development, poverty, war and human rights
violation. Good governance means a good way to take and implement government decisions. When judging whether
governance is good or bad one has to look at:
a. The way decisions are taken and implemented
b. The structures and rule that govern that decision making and implementing process
c. The people involved
d. The decisions themselves
e. The outcome and consequences of the decisions.
3. The Scope of Criminal Law in Different Countries or Cultures, and Its Effect on Human rights – different countries
and different cultures make different choices about the appropriate scope of criminal law. Some actions which are
legal in one country are illegal in another.

Gross Human Rights Violation (HRVs):

1. Enforced Disappearance (ED) – the disappeared are people who have been taken into custody by agents of the
State, whose whereabouts are concealed and whose custody is denied.
2. Extra-judicial Killings (EJK) – are unlawful and deliberate killings, carried out by order of a
government or with its complicity (accomplice) or acquiescence (acceptance).
3. Torture – extreme/severe pain through physical or psychological means to elicit information, etc.

Police/Military may commit HRV:

Unlawful, unnecessary or disproportionate use of force (authority and obligation)
Arbitrary Arrest or Detention (contain elements of injustice, irregular, unreasonable and
disproportionate)
Torture or other cruel, inhuman or degrading treatment or punishment Enforced
disappearance
Summary execution or extra-judicial killing

Topic 4: RIGHT-BASED POLICING

Compliance with international human rights standards in policing. Citizens are CLAIM-HOLDER whose
rights must be respected and protected by the police. Police Officers are DUTY-HOLDERS with obligation to
respect, protect and fulfill human rights.

To RESPECT human rights – avoid interfering with the enjoyment of people’s rights. To
PROTECT human rights – equal protection to all persons.
To FULFILL human rights – implement systems, mechanisms, and procedures that enable people to claim and enjoy
their rights.

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Topic 5: POLICE STATION CHECKLIST ON HUMAN RIGHTS-BASED POLICING

1. Number and profile of personnel with:

a. Basic and advanced training in human rights
b. Human rights modules in mandatory and special courses
c. Additional human rights seminars, workshops, and training conducted by CHR, NGOs and foreign
organization.

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

a. Are there separate facilities for men, women, and children
b. Is there a regularly updated Database on detainees including their complete name
c. Address, age, sex, nature of crime or offense, status or case or investigation, date of inquest, release or
transfer to jail, contact details or lawyer or family, etc?
d. Are the custodial detention facilities/lock-up cells clean safe and secure?
e. Are detainees confined in facilities that pose no threat to their health and safety?
f. Excessive use of force (EF)

3. Number and profile of complaints of alleged human rights violations such as:
a. Illegal arrest (IA)
b. Illegal detention (ID)
c. Extra-legal killings (ELK) or summary executions
d. Enforced Disappearance (ED)
e. Other human rights violations

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

5. Display of posters and information materials on Rights or Persons Arrested, Detained or Under
Investigation (R.A 7338) at the police station and other PNP offices.

6. Display the posters inside the investigation room, near custodial detention facilities, and other prominent
locations inside the police station.

7. Activation of human rights desk and designation of human rights desk officers (HRDOs) at the police station
level.

8. Preparation of Human rights desk workflow and directory of other PNP units and government agencies
involve in human rights protection.

9. Human rights promotion/protection action plan (police station-level)

10. 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.

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 Topic 6: 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

Topic 7: FUNDAMENTAL PRINCIPLES OF INTERNATIONAL HUMANITARIAN LAW

1. Principle of Distinction
Parties to the conflict shall at all times distinguish between the civilian population and combatants, and between
civilian objects and military objectives and accordingly shall direct their operations only against military
objectives.

2. Principle of Proportionality
The actual damage that is caused by attacking a military target must not be larger than the calculated military
advantage.

3. Principle of Military Necessity

The only legitimate objective, which states should endeavor to accomplish during war, is to weaken the military
forces of the enemy; that for this purpose, it is sufficient to disable the greatest possible number of men.

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 ASSESSMENT

ESSAY: Answer the following questions briefly. Write your answer under each question ( 5pts).
1. Explain why human rights is important to law enforcement.

2. Explain the principles of International Humanitarian Law.

3. Give additional root causes of human rights violation.

4. Explain the statement “Treat all victims on crime with compassion and respect, and in particular protect
their rights”.

5. Explain and provide examples cases Why some of the Police/Military may commit HRV

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Reflection paper: (The outline would be: INTRODUCTION, BODY PARAGRAPH/SELF REFLECTIVE ESSAY,
AND CONCLUSION)
Topic: Human Rights and the Law Enforcement Officer

“Integrity is not something you show others. It is how you behave behind their back”. :D:D

Human Rights Education 25

 LESSON 4
THE INTERNATIONAL HUMANITARIAN LAW

TOPICS:
1. What is International Humanitarian Law
2. Instrument
3. Fundamental Principle of International Humanitarian Law
4. The Geneva Convention of 1949 and their Additional Protocols
5. The Hague Convention of 1907
6. Declaration of St. Petersburg (1868)
7. Writ of Habeas Corpus
8. Writ of Amparo
9. Writ of Habeas Data

LEARNING OUTCOMES: At the end of the lesson the student should be: define the
international humanitarian law;
state the fundamental principle of international humanitarian law; and
discuss the habeas corpus; writ of amparo; writ of habeas data.

Topic 1: WHAT IS INTERNATIONAL HUMANITARIAN LAW

International humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the effects of
armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means
and methods of warfare. International humanitarian law is also known as the law of war or the law of armed
conflict.

International humanitarian law is part of international law, which is the body of rules governing relations
between States. International law is contained in agreements between States – treaties or conventions –, in
customary rules, which consist of State practice considered by them as legally binding, and in general principles.

International humanitarian law applies to armed conflicts. It does not regulate whether a State may actually use
force; this is governed by an important, but distinct, part of international law set out in the United Nations Charter.

Where did international humanitarian law originate?

International humanitarian law is rooted in the rules of ancient civilizations and religions – warfare has
always been subject to certain principles and customs.
Universal codification of international humanitarian law began in the nineteenth century. Since then, States
have agreed to a series of practical rules, based on the bitter experience of modern warfare. These rules strike a careful
balance between humanitarian concerns and the military requirements of States.
As the international community has grown, an increasing number of States have contributed to the development
of those rules. International humanitarian law forms today a universal body of law.

Where is international humanitarian law to be found?

A major part of international humanitarian law is contained in the four Geneva Conventions of 1949. Nearly
every State in the world has agreed to be bound by them. The Conventions have been developed and

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supplemented by two further agreements: the Additional Protocols of 1977 relating to the protection of victims of armed
conflicts.

Other agreements prohibit the use of certain weapons and military tactics and protect certain categories
of people and goods. These agreements include:
the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict, plus its two
protocols;
the 1972 Biological Weapons Convention;
the 1980 Conventional Weapons Convention and its five protocols; the
1993 Chemical Weapons Convention;
the 1997 Ottawa Convention on anti-personnel mines;
the 2000 Optional Protocol to the Convention on the Rights of the Child on the involvement of children in
armed conflict.

Many provisions of international humanitarian law are now accepted as customary law – that is, as general
rules by which all States are bound.

When does international humanitarian law apply?

International humanitarian law applies only to armed conflict; it does not cover internal tensions or
disturbances such as isolated acts of violence. The law applies only once a conflict has begun, and then equally to
all sides regardless of who started the fighting. International humanitarian law distinguishes between international
and non-international armed conflict. International armed conflicts are those in which at least two States are involved.
They are subject to a wide range of rules, including those set out in the four Geneva Conventions and Additional
Protocol I.

Non-international armed conflicts are those restricted to the territory of a single State, involving either regular
armed forces fighting groups of armed dissidents, or armed groups fighting each other. A more limited range of rules
apply to internal armed conflicts and are laid down in Article 3 common to the four Geneva Conventions as well
as in Additional Protocol II. It is important to differentiate between international humanitarian law and human
rights law. While some of their rules are similar, these two bodies of law have developed separately and are
contained in different treaties. In particular, human rights law – unlike international humanitarian law – applies
in peacetime, and many of its provisions may be suspended during an armed conflict.

What does international humanitarian law cover?

International humanitarian law covers two areas:
the protection of those who are not, or no longer, taking part in fighting;
restrictions on the means of warfare – in particular weapons – and the methods of warfare, such as military
tactics.

What is “protection”?
International humanitarian law protects those who do not take part in the fighting, such as civilians and medical
and religious military personnel. It also protects those who have ceased to take part, such as wounded, shipwrecked
and sick combatants, and prisoners of war. These categories of person are entitled to respect for their lives and for their
physical and mental integrity. They also enjoy legal guarantees. They must be protected and treated humanely in all
circumstances, with no adverse distinction. More specifically: it is forbidden to kill or wound an enemy who surrenders
or is unable to fight; the sick and wounded must be collected and cared for by the party in whose power they find
themselves. Medical personnel, supplies, hospitals and ambulances must all be protected. There are also detailed
rules governing the conditions of detention for prisoners of war and the way in which civilians are to be treated when
under the authority of an enemy power. This includes the provision of food, shelter and medical care, and the right
to exchange messages with their families. The law sets out a number of clearly recognizable symbols which can be used
to identify protected people, places and objects. The main emblems are the Red Cross, the Red Crescent and the
symbols identifying cultural property and civil defense facilities.

Human Rights Education 27

What restrictions are there on weapons and tactics?
International humanitarian law prohibits all means and methods of warfare which:
fail to discriminate between those taking part in the fighting and those, such as civilians, who are not, the
purpose being to protect the civilian population, individual civilians and civilian property;
cause superfluous injury or unnecessary suffering;
cause severe or long-term damage to the environment. Humanitarian law has therefore banned the use of many
weapons, including exploding bullets, chemical and biological weapons, blinding laser weapons and anti-
personnel mines.

Topic 2: INSTRUMENT

Two Instrument of Humanitarian Law

1. Universal Instruments
2. Regional Instruments

Universal Instruments
Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948 Convention on
the Prevention and Punishment of the Crime of Genocide of 1948
International Covenant on Civil and Political Rights of 1966 on the International Covenant on Social and
Economic Rights of 1966
The Convention on the Elimination of all forms of Discrimination against Women of 1981
The Convention against Torture and other Cruel, Inhuman or Degrading Treatment of Punishment of 1984
on the Convention on the Rights of the Child of 1989.

Regional Instruments
The European Convention on Human Rights of 1950 The
American Convention on Human Rights of 1969
The African Charter of Human and Peoples Rights of 1981

Concept
Its provision are intended both to protect people who are not or no longer taking part in hostilities as well as to
restrict the methods and means used to wage war.
Its purpose is to limit the suffering war causes by affording victims the maximum possible protection and
assistance.

Topic 3: FUNDAMENTAL PRINCIPLE OF INTERNATIONAL HUMANITARIAN LAW

Origins and implementation

The humanitarian principles are derived from the core principles, which have long guided the work of the
International Committee of the Red Cross and the national Red Cross/Red Crescent Societies.

The principles’ centrality to the work of OCHA and other humanitarian organizations is formally
enshrined in two General Assembly resolutions. The first three principles (humanity, neutrality and
impartiality) are endorsed in General Assembly resolution 46/182, which was adopted in 1991. This resolution also
established the role of the Emergency Relief Coordinator (ERC). General Assembly resolution 58/114 (2004) added
independence as a fourth key principle underlying humanitarian action. The General Assembly has repeatedly reaffirmed
the importance of promoting and respecting these principles within the framework of humanitarian assistance.

Human Rights Education 28

 Commitment to the principles has also been expressed at an institutional level by many humanitarian
organizations. Of particular note is the Code of Conduct for the International Red Cross and Red Crescent Movement,
and non - governmental organizations in disaster relief. The code provides a set of common standards for
organizations involved in humanitarian activities, including a commitment to adhere to the humanitarian principles.
More than 492 organizations have signed the Code of Conduct. 2 Also of note is the Humanitarian Charter and Minimum
Standards in Humanitarian Response elaborated by the Sphere Project.

HUMANITY IMPARTIALITY INDEPENDENCE

Human suffereing must NEUTRALITY
Humanitarian action must Humanitarian action
be addressed wherever it Humanitarian actors me carried out on the basis of
is found. The purpose of must not take sides in must be autonomous
need alone, giving priority form the political,
humanitarian action is to hostilities or engage in to the most urgent cases of
protect life and health and controversies of a distress and making no economic, military or
ensure respect for political, racial, religious distinctions on the basis of other objectives that any
human being or ideological nature. nationality, race, gender, actor may hold with
religious, belief, class or regard to areas where
political opinions. humanitarian action is
being implemented

The humanitarian principles have practical operational relevance. Humanitarian action almost always takes
place in complex political and militarized environments. Adherence to the principles is therefore critical in order to
distinguish humanitarian action from the activities and objectives of political, military and other actors. Promoting
humanitarian principles and, importantly, ensuring that humanitarian organizations act in accordance with them are key
to gaining acceptance by all relevant actors on the ground for humanitarian action to be carried out. This acceptance
is critical to ensuring humanitarian personnel have safe and sustained access to affected people. Sustained
access is, in turn, crucial for strengthening the implementation of the humanitarian principles. For example, it
allows humanitarian actors to directly undertake and monitor the distribution of assistance to people, thus ensuring
that aid is distributed impartially and reaches those most in need.

Topic 4: THE GENEVA CONVENTION OF 1949 AND THEIR ADDITIONAL PROTOCOLS

In 1949, an international conference of diplomats built on the earlier treaties for the protection of war victims,
revising and updating them into four new conventions comprising 429 articles of law—known as the Geneva
Conventions of August 12, 1949. The Additional Protocols of 1977 and 2005 supplement the Geneva Conventions. The
Geneva Conventions apply in all cases of declared war, or in any other armed conflict between nations. They also
apply in cases where a nation is partially or totally occupied by soldiers of another nation, even when there is no armed
resistance to that occupation.

Nations that ratify the Geneva Conventions must abide by certain humanitarian principles and impose
legal sanctions against those who violate them. Ratifying nations must “enact any legislation necessary to
provide effective penal sanctions for persons committing or ordering to be committed any of the grave breaches
(violations)” of the Conventions.

The following are the basic overview of the Conventions and Protocols:

Human Rights Education 29

The First Geneva Convention - The Geneva Convention for the Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the Field of August 12, 1949.
The First Geneva Convention protects soldiers who are hors de combat (out of the battle). The 10 articles of the
original 1864 version of the Convention have been expanded in the First Geneva Convention of 1949 to 64 articles
that protect the following:
Wounded and sick soldiers
Medical personnel, facilities and equipment
Wounded and sick civilian support personnel accompanying the armed forces Military
chaplains
Civilians who spontaneously take up arms to repel an invasion

Specific provisions include:

Art. 9 This Convention, like the others, recognizes the right of the ICRC to assist the wounded and sick. Red Cross and
Red Crescent national societies, other authorized impartial relief organizations and neutral governments may also
provide humanitarian service. Local civilians may be asked to care for the wounded and sick.

Art. 12 The wounded and sick shall be respected and protected without discrimination on the basis of sex, race,
nationality, religion, political beliefs or other criteria.
Art. 12 The wounded and sick shall not be murdered, exterminated or subjected to torture or biological
experiments.

Art. 15 The wounded and sick shall receive adequate care.

Art. 15 The wounded and sick shall be protected against pillage and ill treatment.

Arts. 15-16 all parties in a conflict must search for and collect the wounded and sick, especially after battle, and provide
the information concerning them to the Central Tracing and Protection Agency of the International Committee of the
Red Cross (ICRC).

The Second Geneva Convention - The Geneva Convention for the Amelioration of the Condition of
Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949.
The Second Geneva Convention adapts the protections of the First Geneva Convention to reflect conditions
at sea. It protects wounded and sick combatants while on board ship or at sea. Its 63 articles apply to the following:
Armed forces members who are wounded, sick or shipwrecked
Hospital ships and medical personnel
Civilians who accompany the armed forces.

Specific provisions include:

Arts. 12, 18 This Convention mandates that parties in battle take all possible measures to search for, collect and care for
the wounded, sick and shipwrecked. “Shipwrecked” refers to anyone who is adrift for any reason, including those forced
to land at sea or to parachute from damaged aircraft.

Art. 14 While a warship cannot capture a hospital ship’s medical staff, it can hold the wounded, sick and
shipwrecked as prisoners of war, providing they can be safely moved and that the warship has the facilities to care for
them.

Art. 21 Appeals can be made to neutral vessels, including merchant ships and yachts, to help collect and care for
the wounded, sick and shipwrecked. Those who agree to help cannot be captured as long as they remain neutral.

Art. 22 Hospital ships cannot be used for any military purpose. They cannot be attacked or captured. The names
and descriptions of hospital ships must be conveyed to all parties in the conflict.

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Arts. 36-37 Religious, medical and hospital personnel serving on combat ships must be respected and protected.
If captured, they are to be sent back to their side as soon as possible.

The Third Geneva Convention - The Geneva Convention Relative to the Treatment of Prisoners of War of
August 12, 1949.
The Third Geneva Convention sets out specific rules for the treatment of prisoners of war (POWs). The
Convention’s 143 articles require that POWs be treated humanely, adequately housed and receive sufficient food,
clothing and medical care. Its provisions also establish guidelines on labor, discipline, recreation and criminal trial.
Note that prisoners of war may include the following:
Members of the armed forces
Volunteer militia, including resistance movements
Civilians accompanying the armed forces.

Specific provisions include:

Arts. 13-14, 16 Prisoners of war must not be subjected to torture or medical experimentation and must be protected
against acts of violence, insults and public curiosity.

Art. 17 POWs are required to provide to their captors only their name, rank, date of birth and military service number.

Art. 23 Female POWs must be treated with the regard due their sex.

Arts. 25-27, 30 Captors must not engage in any reprisals or discriminate on the basis of race, nationality, religious
beliefs, political opinions or other criteria.

Arts. 50, 54 POWs must be housed in clean, adequate shelter, and receive the food, clothing and medical care
necessary to maintain good health. They must not be held in combat areas where they are exposed to fire, nor can they be
used to “shield” areas from military operations. They may be required to do nonmilitary jobs under reasonable working
conditions when paid at a fair rate.

Arts. 70-72, 123 Names of prisoners of war must be sent immediately to the Central Tracing Agency of the ICRC.
POWs are to be allowed to correspond with their families and receive relief packages.

Arts. 82, 84 Prisoners are subject to the laws of their captors and can be tried by their captors’ courts. The captor
shall ensure fairness, impartiality and a competent advocate for the prisoner.

Arts. 109, 110 seriously ill POWs must be repatriated (returned home). Art. 118 When the conflict ends, all POWs shall
be released and, if they request, be sent home without delay.

Art. 125 The ICRC is granted special rights to carry out humanitarian activities on behalf of prisoners of war. The ICRC
or other impartial humanitarian relief organizations authorized by parties to the conflict must be permitted to visit
with prisoners privately, examine conditions of confinement to ensure the Conventions’ standards are being met
and distribute relief supplies.

The Fourth Geneva Convention - The Geneva Convention Relative to the Protection of Civilian Persons
in Time of War of August 12, 1949
Civilians in areas of armed conflict and occupied territories are protected by the 159 articles of the Fourth
Geneva Convention.

Specific provisions include:

Arts. 13, 32 Civilians are to be protected from murder, torture or brutality, and from discrimination on the basis of
race, nationality, religion or political opinion.

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Art. 14 Hospital and safety zones may be established for the wounded, sick, and aged, children under 15, expectant
mothers and mothers of children under seven.

Art. 18 Civilian hospitals and their staff are to be protected.

Arts. 24, 25 This Convention provides for the care of children who are orphaned or separated from their families.
The ICRC’s Central Tracing and Protection Agency is also authorized to transmit family news and assist with family
reunifications, with the help of Red Cross and Red Crescent national societies.

Art. 27 The safety, honor, family rights, religious practices, manners and customs of civilians are to be respected.

Arts. 33-34 Pillage, reprisals, indiscriminate destruction of property and the taking of hostages are prohibited.

Arts. 33, 49 they are not to be subjected to collective punishment or deportation.

Art. 40 Civilians cannot be forced to do military-related work for an occupying force. Art. 54 They are to be paid fairly
for any assigned work.

Art. 55 Occupying powers are to provide food and medical supplies as necessary to the population and maintain
medical and public health facilities.

Arts. 55, 58 Medical supplies and objects used for religious worship are to be allowed passage.

Art. 59 When that is not possible, they are to facilitate relief shipments by impartial humanitarian organizations such as
the ICRC. Red Cross or other impartial humanitarian relief organizations authorized by the parties to the conflict are
to be allowed to continue their activities.

Art. 64 Public officials will be permitted to continue their duties. Laws of the occupied territory will remain in force
unless they present a security threat.

Arts. 79-135 If security allows, civilians must be permitted to lead normal lives. They are not to be deported or interned
—except for imperative reasons of security. If internment is necessary, conditions should be at least comparable to
those set forth for prisoners of war.

Arts. 89-91 Internees are to receive adequate food, clothing and medical care, and protected from the dangers of
war.

Art. 106 Information about internees is to be sent to the Central Tracing Agency.

Arts. 108, 107 Internees have the right to send and receive mail and receive relief shipments.

Art. 132 Children, pregnant women, mothers with infants and young children, the wounded and sick and those
who have been interned for a long time are to be released as soon as possible.

Common Article 3
All four Geneva Conventions contain an identical Article 3, extending general coverage to “conflicts not of an
international character.”
In the case of armed conflict not of an international character occurring in the territory of one of the High
Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:

1. Persons taking no active part in the hostilities, including members of the armed forces who have laid down
their arms and those placed hors de combat (out of the fight) by sickness, wounds, detention, or

Human Rights Education 32

 any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race,
color, religion or faith, sex, birth or wealth, or any other similar criteria.

To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to
the above-mentioned persons:
(a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) Taking of hostages;
(c) Outrages upon personal dignity, in particular, humiliating and degrading treatment;
(d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a
regularly constituted court, affording all the judicial guarantees which are recognized as indispensable
by civilized peoples.

2. The wounded, sick and shipwrecked shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to
the Parties to the conflict. The Parties to the conflict should further endeavor to bring into force, by means of special
agreements, all or part of the other provisions of the present Convention. The application of the preceding provisions
shall not affect the legal status of the Parties to the conflict.

The Protocols Additional to the Geneva Conventions of 1949

In 1977, two Protocols supplementary to the Geneva Conventions were adopted by an international diplomatic
conference to give greater protection to victims of both international and internal armed conflicts.
As of 2010, 170 nations have ratified Protocol I and 165 have ratified Protocol II. Any nation that has ratified
the Geneva Conventions but not the Protocols is still bound by all provisions of the Conventions.

Protocol I (102 Articles) - Protocol additional to the Geneva Conventions of 12 August 1949, and Relating
to the Protection of Victims of International Armed Conflicts
Protocol I expands protection for the civilian population as well as military and civilian medical workers
in international armed conflicts. Specific provisions include:

Arts. 15, 79, Arts. 76-77 Special protections are provided for women, children and civilian medical personnel, and
measures of protection for journalists are specified.

Arts. 17, 81 The ICRC, national societies or other impartial humanitarian organizations authorized by parties to the
conflict must be permitted to provide assistance.

Art. 35 Use of weapons that “cause superfluous injury or unnecessary suffering,” as well as means of warfare that “cause
widespread, long-term, and severe damage to the natural environment” are prohibited.

Arts. 43-44 Protocol I seeks to clarify the military status of members of guerrilla forces in the following manner: It
includes provisions granting combatant and prisoner of war status to members of dissident forces when under the
command of a central authority. Such combatants cannot conceal their allegiance; they must be recognizable as
combatants while preparing for or during an attack.

Arts. 51, 54 It outlaws indiscriminate attacks on civilian populations and destruction of food, water and other materials
needed for survival. Arts. 56, 53 Dams, dikes and nuclear generating stations may not be attacked, nor can cultural
objects and places of worship.

Art. 77 Recruitment of children under age 15 into the armed forces is forbidden.

Art. 85 It is a war crime to use one of the protective emblems recognized by the Geneva Conventions to deceive
the opposing forces or to use other forms of treachery.

Protocol II (28 Articles) - Protocol additional to the Geneva Conventions of 12 August 1949, and Relating
to the Protection of Victims of Non-International Armed Conflicts
Protocol II elaborates on protections for victims caught up in high-intensity internal conflicts such as civil
wars. It does not apply to such internal disturbances as riots, demonstrations and isolated acts of

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violence. Protocol II expands and complements the non-international protections contained in Article 3 common
to all four Geneva Conventions of 1949.

Specific provisions include:

Art. 4 Persons who do not take a direct part or who have ceased to take part in hostilities are entitled to respect. In
all circumstances, they are to be treated humanely. Protocol II specifically prohibits violence to the life, health and
physical or mental well-being of people. In particular, it prohibits acts of murder and cruel treatment, terrorism, hostage-
taking, slavery, and outrages on personal dignity, collective punishment and pillage. These protections are considered
fundamental guarantees for all persons.

Art. 4 Children are to be evacuated to safe areas when possible and reunited with their families.

Art. 5 Persons interned or detained during internal conflicts are assured of the same humane treatment as specified by
the Geneva Conventions.

Art. 7, 9 Strengthens protection of the wounded, sick and shipwrecked as well as medical and religious personnel.

Arts. 10-11, Arts. 13-14, Art. 16 Attacks are forbidden on civilians and on “objects indispensable to civilian survival”
such as crops, irrigation systems or drinking water sources, cultural objects, and places of worship.

Art. 18 Impartial humanitarian relief organizations, such as the ICRC, are to be permitted to continue their
humanitarian services.

Protocol III - Protocol additional to the Geneva Conventions of 12 August 1949, and Relating to the Adoption
of an Additional Distinctive Emblem
In December 2005, a third Additional Protocol to the Geneva Conventions was adopted that provides for
another distinctive emblem: the red crystal. The red crystal is an optional emblem, equal in status to the Red Cross and
Red Crescent.
The red crystal may be used in environments where another emblem could be perceived as having religious,
cultural or political connotations.

The Emblems under International Humanitarian Law

Those drafting the Geneva Convention of 1864 foresaw the need for a universal symbol of protection easily
recognizable on the battlefield. In honor of the origin of this initiative, the symbol of a red cross on a white
background (the reverse of the Swiss flag) was identified as a protective emblem in conflict areas. The Red Crescent and
red lion and sun emblems were later recognized by nations at a diplomatic conference in 1929, although the red lion and
sun is no longer in use. In December 2005, governments adopted the Third Additional Protocol adding the red crystal.
Under the Geneva Conventions, the three distinctive emblems of the Red Cross, Red Crescent and Red
crystal are intended to identify and protect medical and relief workers, military and civilian medical facilities,
mobile units and hospital ships during armed conflict. More generally, these emblems are also used to identify the
programs and activities of the Red Cross and Red Crescent national societies.
Widespread understanding and acceptance of these humanitarian emblems is crucial to saving lives and
alleviating suffering.

Red Cross Red Crescent Red Crystal

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 Topic 5: THE HAGUE CONVENTION OF 1907

The codification of modern international humanitarian law began at the end of the nineteenth century. A peace
conference was held at The Hague, Netherlands, in 1899, followed by a second conference, which met in the same city in
1907. The latter adopted a series of international conventions related to the peaceful settlement of international
conflicts and the laws of war, which are known collectively as the Hague Conventions. Convention IV, which is
the most relevant here, proclaimed the Laws and Customs of War on Land. Still in force, this Convention imposes upon
the parties the obligation to issue instructions to their armed land forces in conformity with the Regulations
annexed to the Convention. Each party to a conflict is responsible for all acts committed by individuals
forming part of its armed forces, including militia and volunteer corps commanded by a person responsible, having a
fixed distinctive emblem and carrying arms openly. A belligerent party who violates the provisions of the Regulations
shall, if the case requires, be liable to pay compensation. On July 9, 2004, the International Court of Justice, in its
advisory opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, referred
to the 1907 Hague Convention IV as customary international law binding on all states in the twenty-first century.

General Principles
The main principle of Hague Convention IV, formulated in Article 22 of the Regulations, proclaims that the
right of belligerents to adopt measures of injuring the enemy is not unlimited. Paragraph 8 of the preamble of the
Convention must be added: It formulates the so-called Martens clause, which appeared for the first time in the Hague
Convention of 1899 and according to which:

In cases not included in the Regulations . . . the inhabitants and the belligerents remain under the
protection and the rule of the principles of the law of nations, as they result from the
usages established among civilized peoples, from the laws of humanity and the dictates of the
public conscience.

It adds that certain provisions of the Regulations must be understood in this sense.

In different sections and chapters of the Convention, the following subjects are covered: the meaning and
treatment of belligerents, prisoners of war, and the sick and wounded, as well as the means of injuring the enemy, the
end of hostilities, and the military authority over occupied territories. Concerning the treatment of prisoners of war, the
main principles affirm that while they are in the power of the hostile government they must be humanely treated, and all
their personal belongings, except arms and military papers, remain their property. They may be interned and their
labor can be used but must be paid and shall not be used in connection with the operations of war. Prisoners of war
shall enjoy complete liberty in the exercise of their religion, on the sole condition that they comply with the measures
of order issued by the military authorities. At the conclusion of peace, the repatriation of prisoners of war shall be
carried out as quickly as possible.

The section on hostilities forbids the employment of poison or poisoned weapons, killing or wounding
treacherously individuals belonging to the hostile nation or army, killing or wounding an enemy who, having laid down
his arms, or having no longer means of defense, has surrendered. It is also forbidden to declare that no quarter will be
given, and to employ arms, projectiles, or material calculated to cause unnecessary suffering. The enemy's property
shall not be destroyed or seized, unless such destruction or seizure is imperatively demanded by the necessities
of war. It is forbidden to declare abolished, suspended, or inadmissible in a court of law the rights and actions of
the nationals of the hostile party. A belligerent is likewise forbidden to compel 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. The attack or bombardment, by whatever means, of towns, villages, dwellings, or
buildings that are undefended is prohibited. The officer in command of an attacking force must, before
commencing a bombardment, except in cases of assault, do all in his or her power to warn the authorities. In
sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion,
art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected,
provided they are not being used at the time for military purposes. It is, however, the duty of

Human Rights Education 35

the besieged to indicate the presence of such buildings or places by distinctive and visible signs. In fact the emblem of
the Red Cross is used for this purpose. The pillage of a town or place, even taken by assault, is prohibited.
Obtaining information about the enemy and the country plays an important role in armed conflicts.
According to The Hague Conventions, ruses of war and the employment of measures necessary for obtaining such
information are permissible. Specific provisions are devoted to espionage. A person can only be considered a spy
when, acting clandestinely or on false pretenses, he or she obtains or endeavors to obtain information in the zone of
operations of a belligerent, with the intention of communicating it to the hostile party. Soldiers not wearing a
disguise, as well as civilians carrying out their mission openly, entrusted with the delivery of dispatches, are not
considered spies. A spy taken in the act shall not be punished without previous trial.

Military Occupation
Various sections also set rules on truce, capitulations, and armistices. A noteworthy section concerns the
military authority over the territory of the hostile state. Such territory is considered occupied when it is actually
placed under the established and exercised authority of the hostile army. The occupant shall take all the measures in his
power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the
laws in force in the country. Family honor and rights, the lives of persons, and private property, as well as religious
convictions and practices, must be respected and private property cannot be confiscated. Pillage is formally forbidden.

If the occupant collects the taxes, dues, and tolls imposed for the benefit of the state, he or she shall do so, as
far as possible, in accordance with the rules of assessment and incidence in force, and shall in consequence be
bound to defray the expenses of the administration of the occupied territory to the same extent as the legitimate
government was so bound. If, in addition, the occupant levies other money contributions in the occupied
territory, this shall only be for the needs of the army or of the administration of the territory in question and shall be
effected as far as possible in accordance with the rules of assessment and incidence of the taxes in force. For every
contribution a receipt shall be given to the contributors. No general penalty, pecuniary or otherwise, shall be
inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and
severally responsible. Requisitions in kind and services shall not be demanded from municipalities or inhabitants,
except for the needs of the army of occupation and they shall be in proportion to the resources of the country.
Such requisitions and services shall only be demanded on the authority of the commander in the locality occupied.

An army of occupation can only take possession of cash, funds, and realizable securities which are strictly the
property of the state, as well as of depots of arms, means of transport, stores and supplies, and, generally, all movable
property belonging to the state that may be used for military operations. All appliances adapted for the transmission of
news, or for the transport of persons or things, all kinds of arms, or munitions of war may be seized when they belong to
private individuals, but must be restored and compensation fixed when peace is made.

The occupying state shall be regarded only as administrator and usufructuary of public building, real estate,
forests, and agricultural estates belonging to the hostile state and situated in the occupied country. It must safeguard the
capital of these properties, and administer them in accordance with the rules of usufruct. The property of municipalities,
that of institutions dedicated to religion, charity, and education, the arts and sciences, even when state property, shall be
treated as private property. All seizure of, destruction or wilful damage done to, institutions of this character, historic
monuments, works of art, and science, is forbidden, and should be made the subject of legal proceedings.

Conclusions

The 1907 Hague Conventions had the merit to formulate principles that were applicable during World War I
and World War II. In 1949 its rules, which were generally adopted although often not respected, were further developed
by the four Geneva Conventions on humanitarian law, themselves completed later by two Protocols adopted in Geneva
in 1977. Breaches of all these rules could and should be sanctioned both by national and international jurisdictions.

Human Rights Education 36

 Topic 5: DECLARATION OF ST. PETERSBURG (1868)

The Declaration Renouncing the Use, in Time of War, of Explosive Projectiles under 400 Grammes Weigh
(the Saint Petersburg Declaration) prohibits the use in international armed conflict of any projectile of a weight below
400 grammes, which is either explosive or charged with fulminating or inflammable substance.

Genesis

The Saint Petersburg Declaration, adopted on 20 November (11 December) 1868, was the first formal
international agreement to prohibit the use of a particular weapon ‘in time of war between civilized nations’. It
applied a prohibition on the use of means or methods of warfare which are of a nature to cause superfluous injury or
unnecessary suffering to a specific weapon.
The Declaration followed the invention by Russian military authorities, in 1863, of a rifle bullet which
exploded on contact with a hard surface and whose primary utility was to blow up ammunition wagons. A later
modification of the projectile resulted in it exploding also on contact with soft substances, including human tissue,
causing wounds far greater than those associated with non-explosive rifle bullets in use at the time. Concern that such
injuries might go beyond what was needed to put an enemy soldier out of combat led Russian Emperor Alexander II
to convene a conference to prohibit this type of projectile by international agreement.
Nineteen states — many of the recognized sovereign nation-states of the time — adhered to the
Declaration

Provisions and Scope

The Declaration’s first paragraph reflects the fundamental understanding that ‘the necessities of war ought to
yield to the requirements of humanity’ at specified ‘technical limits’. The Declaration outlines a number of
principles that inform its weapon-specific prohibition:

‘the progress of civilization should have the effect of alleviating as much as possible the calamities of war’
‘the only legitimate object which States should endeavor to accomplish during war is to weaken the military
forces of the enemy’
In order to weaken the military forces of the enemy, ‘it is sufficient to disable the greatest possible number
of men’
The employment of ‘arms which uselessly aggravate the sufferings of disabled men, or render their death
inevitable’ goes beyond the legitimate object of weakening the military forces of the enemy, and
Consequently, the use of arms that have these effects are ‘contrary to the laws of humanity’.

In application of these principles, States Parties to the Declaration decided to renounce in case of war among
themselves, the employment by their military or naval troops of any projectile of a weight below 400 grammes, which is
either explosive or charged with fulminating or inflammable substances. The weight limit (400 grams) is based on the
weight of the smallest artillery shell available at the time. Whereas states parties considered explosive rifle bullets to be
unacceptable, they were unwilling to relinquish artillery shells, deemed militarily useful against material and against
groups of persons.

As was common in 19th century inter-state agreements seeking to limit harm inflicted on ones enemies,
the Declaration was binding only on states parties in case of war among themselves. Participation in such a war of a
state not party to the Declaration absolved all other states from respecting the Declaration’s provisions. Also, rules of the
kind agreed in the Declaration were considered to apply only among ‘civilized nations’. The Declaration did, thus, not
prevent States Parties from using prohibited projectiles against those excluded from that circle – colonized peoples,
‘barbarians’ or ‘savages’.

Human Rights Education 37

 The Declaration is still formally binding on some states. Of more practical import is that the
Declaration gave rise to a narrower prohibition, under customary international law, on ‘exploding bullets’. The Saint
Petersburg Declaration also provides the first formulation of the prohibition on the use of means or methods of
warfare that are of a nature to cause superfluous injury or unnecessary suffering, the so- called SIrUS rule, a
norm of customary international law applicable in international and non-international armed conflict, and codified
in Article 35(2) of 1977 Additional Protocol I.

Source: [Link]

Topic 6: WRIT OF HABEAS CORPUS

“Habeas Corpus” is a Latin phrase which literally means “you have the body”. The writ is an order to the
person in charge of someone’s detention to deliver the named person so that the court can investigate the legality of
his imprisonment. Basically, it is a writ directed to the person detaining another, commanding him to produce the body
of the prisoner at a designated time and place and explain the cause of his detention. The Writ of Habeas Corpus
generally extends to all cases of illegal confinement or detention by which a person is deprived of liberty, or the
rightful custody of a person is withheld from the person entitled to it.

Topic 7: WRIT OF AMPARO

The Writ of Amparo is of Mexican origin. Amparo means protection from the Spanish word “Amparar”. It is
a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with
violation by an unlawful act or omission of a public official/employee, or of a private individual or entity.

The writ is issued in cases of extrajudicial killings and enforced disappearances of threats thereof. (Sec. 1 rule
of the writ of amparo, A.M. No. 07-9-12-SC, 25 Sept 2007)

In the event that the Writ of Amparo is issued against any member of the AFP, by the Supreme Court, Court
of Appeals, Sandiganbayan or any Justice of such court, and the Regional Trial Court, the following rules of action
shall be strictly followed by the units concerned as provided by the AFP Policy Directive on Actions and Defense
under the:

Rule on the Writ of Amparo dated December 17, 2007

1. To verify the identity of the aggrieved party:

2. To recover and preserve related to the death or disappearance of the person identified in the petition
or whose right to life, liberty or security is threatened with violation of an unlawful act or omission as
alleged in the petition that may aid in the prosecution of the person/s responsible:
3. To identify witnesses and obtain statements from them concerning the death or disappearance;
4. To determine the cause, manner, location and the time of death or disappearance as well as any pattern or
practice that may have brought about the death or disappearance;
5. To identify and apprehend the person/s involved in the death or disappearance; and
6. To bring the suspected offenders before a competent court.

Human Rights Education 38

 Topic 8: WRIT OF HABEAS DATA

The Writ of Habeas Data is a remedy available to any person who’s right to privacy in life, liberty or security is
violated or threatened by an unlawful act or omission of a public official or private individual. The writ of habeas data
enables the petitioner to invoke the right to privacy and right to information.

In Latin America, the writ has been used to enable the petitioner to obtain information about himself from
public or private records. This has been particularly useful in cases of extrajudicial killings and enforced
disappearances as the families of victims could demand undisclosed information. In cases where data about the
petitioner has been falsified, the petitioner can use the writ of habeas data to correct the data.

The writ can also be used to invoke the right to privacy. The writ enables a person to know the purposed
in which the data about himself is being collected. (A.M. No. 08-1-16-SC, Jan. 22, 08 – The rule on the Writ of
Habeas Data)

When a Writ of Habeas Data is served, the respondent shall observe the following:

1. The respondent shall file a verified written return together with supporting affidavits within five
(5) work days from service of writ, which period may be reasonably extended by the Court for
justifiable reasons.
2. The return shall, among other things, contain the following:
a. The lawful defenses such as national security, state secrets, privileged communication,
confidentiality of the source of information of media and others;
b. In case of respondent in charge, in possession or in control of the data or information
subject of the petition:
 A disclosure of the data or information about the petitioner, the nature of such data or
information, and the purpose for its collection;
 The steps or action taken by the respondents to ensure the security and
confidentiality of the data or information.
 The currency and accuracy of the data or information held; and
c. Other allegations relevant to the resolution of the proceeding (A.M. No. 08-1-16 SC, Jan 22, 08 –
The Rule on the Writ of Habeas Data)

Human Rights Education 39

 ASSESSMENT

ESSAY: Answer the following questions briefly. Write your answer under each question ( 5pts).
1. What is the distinction of Human Rights from humanitarian law?

2. Explain the difference between Geneva law and Hague Law.

3. Explain the difference between Humanity, Neutrality, Impartiality and Independence.

4. Is International Humanitarian law relevant to the Philippines? Why?

Case Digest : (The outline would be, FACTS, ISSUES, HELD)

Topic: BOWOTO v. CHEVRON CORPORATION

Research paper: (The outline would be, INTRODUCTION, BODY, AND CONCLUSION)
Topic: 1 cases of habeas corpus and 1 cases writ of amparo.

“Integrity is not something you show others. It is how you behave behind their back”. :D:D

Human Rights Education 40

 LESSON 5
PHILIPPINE HUMAN RIGHTS

TOPICS:
1. Universal declaration of human rights
2. 1987 Philippine Constitution - Article III, Bill Of Rights
3. RA 10368

LEARNING OUTCOMES: At the end of the lesson the student should be: familiarize
the list of human rights in the Philippines settings;
cite the following Philippines Bill of Rights; and discuss
the RA 10368.

Topic 1: UNIVERSAL DECLARATION OF HUMAN RIGHTS In the PHILIPPINES

Article 1 Right to Equality

Article 2 Freedom from Discrimination
Article 3 Right to Life, Liberty, Personal Security
Article 4 Freedom from Slavery
Article 5 Freedom from Torture and Degrading Treatment
Article 6 Right to Recognition as a Person before the Law
Article 7 Right to Equality before the Law
Article 8 Right to Remedy by Competent Tribunal
Article 9 Freedom from Arbitrary Arrest and Exile
Article 10 Right to Fair Public Hearing
Article 11 Right to be Considered Innocent until Proven Guilty
Article 12 Freedom from Interference with Privacy, Family, Home and Correspondence
Article 13 Right to Free Movement in and out of the Country
Article 14 Right to Asylum in other Countries from Persecution
Article 15 Right to a Nationality and the Freedom to Change It
Article 16 Right to Marriage and Family
Article 17 Right to Own Property
Article 18 Freedom of Belief and Religion
Article 19 Freedom of Opinion and Information
Article 20 Right of Peaceful Assembly and Association
Article 21 Right to Participate in Government and in Free Elections
Article 22 Right to Social Security
Article 23 Right to Desirable Work and to Join Trade Unions
Article 24 Right to Rest and Leisure

Human Rights Education 41

 Article 25 Right to Adequate Living Standard
Article 26 Right to Education
Article 27 Right to Participate in the Cultural Life of Community
Article 28 Right to a Social Order that Articulates this Document
Article 29 Community Duties Essential to Free and Full Development
Article 30 Freedom from State or Personal Interference in the above Rights

Topic 2: 1987 PHILIPPINE CONSTITUTION - ARTICLE III, BILL OF RIGHTS

Section 1. 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 the laws.

Section 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing
the place to be searched and the persons or things to be seized.

Section 3.
(1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or
when public safety or order requires otherwise, as prescribed by law.
(2)Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any
proceeding.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of
the people peaceably to assemble and petition the government for redress of grievances.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof.
The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required for the exercise of civil or political rights.

Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired
except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national
security, public safety, or public health, as may be provided by law.

Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official
records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government
research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be
provided by law.

Section 8. The right of the people, including those employed in the public and private sectors, to form unions,
associations, or societies for purposes not contrary to law shall not be abridged.

Section 9. Private property shall not be taken for public use without just compensation. Section 10.

No law impairing the obligation of contracts shall be passed.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any
person by reason of poverty.

Human Rights Education 42

Section 12.
(1)Any person under investigation for the commission of an offense shall have the right to be informed of his right to
remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot
afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the
presence of counsel.
(2)No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against
him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in
evidence against him.
(4)The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the
rehabilitation of victims of torture or similar practices, and their families.

Section 13. All persons, except those charged with offenses punishable by reclusion Perpetua when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided
by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended.
Excessive bail shall not be required.

Section 14.
(1)No person shall be held to answer for a criminal offense without due process of law.
(2)In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the
right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a
speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure
the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may
proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to
appear is unjustifiable.

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion,
when the public safety requires it.

Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi- judicial,
or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself. Section 18.
(1)No person shall be detained solely by reason of his political beliefs and aspirations.
(2)No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have
been duly convicted.

Section 19.
(1)Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death
penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it.
Any death penalty already imposed shall be reduced to reclusion Perpetua.
(2)The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law
and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.

Section 22. No ex post facto law or bill of attainder shall be enacted.

Human Rights Education 43

 Topic 3: REPUBLIC ACT NO. 10368

“Human Rights Victims Reparation and Recognition Act of 2013″. - An act providing for reparation and
recognition of victims of human rights violations during the Marcos regime

Definition of Terms:
(a) Detention refers to the act of taking a person into custody against his will by persons acting in an official
capacity and/or agents of the State.
(b) Human rights violation refers to any act or omission committed during the period from September 21, 1972
to February 25, 1986 by persons acting in an official capacity and/or agents of the State

Human Rights Violations Victim (HRVV) refers to a person whose human rights were violated by persons acting in an
official capacity and/or agents of the State as defined herein.

The human rights violation must have been committed during the period from September 21, 1972 to February 25,
1986.

The victims of human rights violations that were committed one (1) month before September 21, 1972 and one (1)
month after February 25, 1986 shall be entitled to reparation, under this Act if they can establish that the violation
was committed:
1. By agents of the State and/or persons acting in an official capacity as defined hereunder;
2. For the purpose of preserving, maintaining, supporting or promoting the said regime; or
3. To conceal abuses during the Marcos regime and/or the effects of Martial Law.

Entitlement to Monetary Reparation.

Any HRVV qualified under this Act shall receive reparation from the State, free of tax.
for a deceased or involuntary disappeared HRVV, the legal heirs as provided for in the Civil Code of the
Philippines, or such other person named by the executor or administrator of the deceased or involuntary
disappeared HRVV’s estate in that order, shall be entitled to receive such reparation no special power of
attorney shall be recognized in the actual disbursement of the award, and only the victim or the afore stated
successor(s)-in-interest shall be entitled to personally receive said reparation form the Board, unless the victim
involved is shown to be incapacitated to the satisfaction of the Board:
The reparation received under this Act shall be without prejudice to the receipt of any other sum by the
HRVV from any other person or entity in any case involving violations of human rights as defined in
this Act.

Source of Reparation.
The amount of Ten billion pesos (P10,000,000,000.00) plus accrued interest which form part of the funds transferred
to the government of the Republic of the Philippines by virtue of the December 10, 1997 Order of the Swiss Federal
Supreme Court.

THE HUMAN RIGHTS VICTIMS’ CLAIMS BOARD

Resolution, of Claims. — The Board shall be composed of three (3) divisions which shall function
simultaneously and independently of each other in the resolution of claims for reparation.

Each division shall be composed of one (1) Chairperson, who shall be a member of the Philippine Bar and
two (2) members to be appointed by the Board en banc.

CLAIMANTS, REPARATION AND RECOGNITION

Human Rights Education 44

Claimants. — Any person who is an HRVV may file a claim with the Board for reparation and/or recognition in
accordance with the provisions of this Act.

Conclusive Presumption That One is an HRVV:

Claimants in the class suit and direct action plaintiffs in the Human Rights Litigation Against the Estate of
Ferdinand E. Marcos (MDL No. 840, CA No. 88-0390) in the US Federal District Court of Honolulu, Hawaii
wherein a favorable judgment has been rendered,
That the HRVVs recognized by the Bantayog Ng Mga Bayani Foundation

Motu Proprio Recognition. — The Board may take judicial notice motu proprio of individual persons who suffered
human rights violations

Section 19. Determination of Award. — (a) The Board shall follow the point system in the determination of the
award.
1. Victims who died or who disappeared and are still missing shall be given ten (10) points;
2. Victims who were tortured and/or raped or sexually abused shall he given six (6) to nine (9) points:
3. Victims who were detained shall be given three (3) to five (5) points; and
4. Victims whose rights were violated under Section 3, paragraph (b), nos. (4), (5) and (6) under this Act shall
be given one (1) to two (2) points.

Section 23. Period for Filing of Claims; Waiver. — An HRVV shall file an application for reparation with the Board
within six (6) months from the effectivity of the implementing rules and regulations (IRR) of this Act:

Effect of failure to file: deemed a waiver of the right to file the same: Provided, further, That for HRVVs who are
deceased, incapacitated, or missing due to enforced disappearance, their legal heir/s or representatives, shall be
entitled to file an application for reparation on their behalf.

Any opposition to the new application/s pursuant to Section 16 hereof shall only be entertained if such is filed within
fifteen (15) days from the date of the last publication of the official list of eligible claimants as may be determined
by the Board.

Section 24 Appeal. — Any aggrieved claimant or oppositor may file an appeal within ten (10) calendar days from the
receipt of the Resolution of the Division, to the Board en banc, whose decision shall then become final and executory.

Section 25. Penalties; Applicability of the Revised Penal Code. — Any claimant who is found by the Board, after due
hearing, to have filed a fraudulent claim, shall be referred to the appropriate office for prosecution.

Penalty:
1. Imprisonment of eight (8) to ten (10) years
2. Shall be disqualified from public office and employment and
3. Shall be deprived of the right to vote and be voted for in any national or local election, even after the service of
sentence unless granted absolute pardon.

Human Rights Education 45

 ASSESSMENT

ESSAY: Answer the following questions briefly. Write your answer under each question ( 5pts).

1. What is moto propio?

2. Is the penalty impose in the violation of RA 10368 enough?

3. What are the important features of RA 10368

Research paper: (The outline would be, INTRODUCTION, BODY, AND CONCLUSION)
Topic: List of cases in human rights violation in the Philippines since 2018 up to present.

Video Recording: create a video reciting the PREAMBLE and submit through Gmail

Human Rights Education 46

Reflection paper: (The outline would be, INTRODUCTION, BODY, CONCLUSION)

Topic: Human Rights in the mids of COVID 19-Pandemic

“Integrity is not something you show others. It is how you behave behind their back”. :D:D

Human Rights Education 47

 APPENDIX “A”
PREAMBLE

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society
and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and
develop our patrimony, and secure to ourselves and our posterity the blessings of independence and
democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and
promulgate this Constitution

APPENDIX “B” [BATAS REPUBLIKA BLG. 10368]

ISANG BATAS NA NAGKAKALOOB NG REPARASYON AT REKOGNISYON NG MGA BIKTIMA

NG MGA PAGLABAG SA KARAPATANG PANTAO NOONG REHIMENG MARCOS, DOKUMENTASYON
NG NASABING MGA PAGLABAG, PAGLALAAN NG MGA PONDO PARA DOON AT PARA SA IBANG
MGA LAYUNIN
Isinasabatas ng Senado at ng Mababang Kapulungan ng Pilipinas na natitipon sa Kongreso:

KABANATA I
MGA PROBISYONG PRELIMINARYO
SEKSIYON 1. Maikling Pamagat. — Ang Batas na ito ay kikilalanin bilang “Batas sa Reparasyon at
Rekognisyon ng mga Biktima sa mga Karapatang Pantao ng 2013.”

SEK. 2. Pagpapahayag ng Polisiya. — Ipinahahayag ng Seksiyon 11 ng Artikulo II ng Saligang Batas ng 1987

ng Republika ng Pilipinas na hinahalagahan ng Estado ang dangal ng bawat tao at tinitiyak ang ganap na paggalang para
sa karapatang pantao. Tungo sa ipinahayag na polisiyang ito, ipinagbabawal ng Seksiyon 12 ng Artikulo III ng Saligang
Batas ang paggamit ng tortiyur, lakas, karahasan, pagbabanta, intimidasyon, o anupamang ibang pamaraan na
makasisira sa malayang loob at nag-aatas ng kabayaran at rehabilitasyon ng mga biktima ng tortiyur o mga katulad na
praktis atang kanilang mga pamilya.
Sa bisà ng Seksiyon 2 ng Artikulo II ng Saligang Batas na inaampon ang tinatanggap sa pangkalahatan na mga prinsipyo
ng pandaigdigang batas bílang bahagi ng batas ng bayan, sumusunod ang Pilipinas sa pandaigdigang mga batas at
kumbensiyon sa karapatang pantao, ang Pandaigdigang Pagpapahayag ng Karapatang Pantao, kasama ang
International Covenant on Civil and Political Rights (ICCPR) at ang Convention Against Torture (CAT) at Iba
Pang Malupit, Di-Makatao, o Nakapanliliit na Pagturing na nagpapataw sa bawat kasaping Estado ng
pananagutang magpása ng pambansang batas na magpapatupad sa mga karapatang kinikilala roon at upang tiyakin na
sinumang nalabag ang mga karapatan o kalayaan ay magkakaroon ng epektibong lunas, kahit pa ang paglabag ay
naisagawa ng mga taong gumaganap sang- ayon sa tungkuling opisyal. Sa katunayan, ang karapatan sa isang lunas ay
mismong tinitiyak sa ilalim ng umiiral na mga kasunduan sa karapatang pantao at/o kinaugaliang batas na
pandaigdigan, bilang may katangiang di-mapasusubalian (jus cogens) at bilang gayon ay kinikilala bilang di-derogable.
Tugma sa mga nasa itaas, ipinapahayag dito ang polisiya ng Estado upang kilalanin ang kabayanihan at mga
sakripisyo ng lahat ng Filipino na naging biktima ng maramihang pagpaslang, tortiyur, pinuwersa o di- kusàng
pagkawala at iba pang matitinding paglabag sa mga karapatang pantao na nagawa noong rehimen ni dating Pangulong
Ferdinand E. Marcos na sumasaklaw sa mga panahong mula 21 Setyembre 1972 hanggang 25 Pebero 1986 at ibalik
ang dangal at dignidad ng mga biktima. Kinikilala rito ng Estado ang mga pananagutan nitong moral at legal upang
kilalanin at/o magkaloob ng kabayaran sa mga naturang biktima at/o kanilang mga pamilya para sa mga kamatayan,
sakit, pagdurursa, pagkakait, at pinsalang dinanas nila sa ilalim ng rehimeng Marcos.
Gayundin, pananagutan ng Estado na kilalanin ang mga pagdurusa at pinsalang dinanas ng mga taong
puwersahang kinuha ang mga ari-arian at mga negosyo, inangkin o ginamit, o iyung ang mga propesyon ay napinsala
at/o nasira, o iyung nilimitahan ang kalayaan ng paggalaw, at/o iba pang mga biktima ng mga paglabag sa Bill of
Rights.

SEK. 3. Kahulugan ng mga Termino. — Ang mga sumusunod na termino sang-ayon sa paggamit ng Batas na ito ay
mangangahulugan ng mga sumusunod:

Human Rights Education 48

(a) Ang detensiyon ay tumutukoy sa pagkuha sa isang tao upang ibilanggo nang laban sa kanyang
kagustuhan ng mga taong kumikilos sang-ayon sa kanilang opisyal na kakayahan at/o mga ahente ng Estado.
(b) Ang paglabag sa karapatang pantao ay tumutukoy sa anumang gawain o pagkaligtang isinagawa sa
panahon mula 21 Setyembre 1972 hanggang 25 Pebrero 1986 ng mga taong kumikilos sang-ayon sa kanilang
opisyal na kakayahan at/o mga ahente ng Estado, subalit hindi limitado sa mga sumusunod:
(1) Anumang paghahanap, pag-aresto at/o detensiyon nang walang nang walang mabisàng warrant sa paghahanap
o pagdakip na inilabas ng isang sibilyang hukuman ng batas, kasama ang pag-aresto o detensiyong walang warrant
na isinagawa sang-ayon sa deklarasyon ng Batas Militar ng dating Pangulong Ferdinand E. Marcos gayundin ang
anumang pag-aresto, detensiyon, o pagkakait ng kalayaan na isinagawa sa nasasaklaw na panahon sang-ayon sa
isang “Arrest, Search and Seizure Order (ASSO),” isang “Presidential Commitment Order (PCO),” o isang
“Preventive Detention Action (PDA),” at iba pang katulad na pahatid tagapagpaganap sang-ayon sa mga inilarawan ng
mga dekreto ng dating Pangulong Ferdinand
E. Marcos, o sa anumang paraan na ang pag-aresto, detensiyon, o pagkakait ng kalayaan ay ipinatupad;
(2)Ang pagpapataw ng isang taong kumikilos sa isang opisyal na kapasidad at/o isang ahente ng Estado ng pisikal na
pananakit, tortiyur, pagpatay, o paglabag sa iba pang mga karapatang pantano, sa iba pang taong nagsasanay ng mga
karapatang sibil o politikal, kasama na, bagaman hindi limitado sa, kalayaan ng pamamahayag, pagtitipon o
samahan; at/o sa kalayaan na magpetisyon sa pamahalaan para tugunan ang mga hinaing, kahit pa ang mga paglabag
na iyon ay naganap habang o samantalang isinasagawa ang itinuturing ng mga awtoridad nang panahong iyon bilang
ilegal na pagtitipon o demonstrasyon; Basta at, Na ang tortiyur sa anumang anyo o sa anumang pagkakataon ay
ituturing na isang paglabag sa karapatang pantao;
(3)Anumang pinilit o di-kusàng pagkawalâ na idinulit sa isang taong inaresto, ikinulong o kinuha nang laban sa sariling
kagustuhan o kaya ay inalisan ng kalayaan, sang-ayon sa pagpapakahulugan sa Batas Republika Blg. 10350 {{1}} na
kilala rin bilang “Batas Laban sa Pinilit o Di-Kusàng Pagkawala ng 2012”;
(4)Anumang puwersa o intimidasyong nagbunga ng di-ginustong pag-alis ng isang tao mula sa Pilipinas;
(5) Anumang pamumuwersa, intimidasyon, o panlilinlang na nag-uuwi sa di-makatarungan o ilegal na
pagkamkam sa isang negosyo, pagkuha ng ari-arian, detensiyon ng (mga) may-ari at/o kanilang mga pamilya, pag-
aalis ng ikinabubuhay ng isang tao ng mga ahente ng Estado, kasama na ang mga idinulot ni Ferdinand E. Marcos, ng
kanyang maybahay na si Imelda R. Marcos, ang kanilang mga malalapit na kamag- anak sang-ayon sa dugo o kaugnayan,
o gayundin ang mga taong itinuturing bilang kanilang malalapit na kamag-anak, katuwang, mga crony, at mga
pinapasunod sa ilalim ng Batas Tagapagpaganap Blg. 1, na inilabas noong 28 Pebrero 1986 ng noon ay Pangulong
Corazon C. Aquino bilang pagpapatupad ng kanyang mga kapangyarihang lehislatibo sa ilalim ng Saligang Batas ng
Kalayaan.
(6)Anumang gawain o serye ng mga gawain na nagdulot, nagsagawa, at/o nagpatupad ng mga sumusunod:
(i)Pag-kidnap o kaya ay pananamantala sa mga anak ng mga taong pinaghihinalaang gumagawa ng mga laban sa
rehimeng Marcos;
(ii)Nagsasagawa ng mga paglabag na seksuwal laban sa mga biktima ng mga karapatang pantao na nakabilanggo
at/o nasa yugto ng pagsasagawa ng mga operasyon ng militar at/o pulisya; at
(iii) Iba pang mga paglabag at/o pag-abusong katulad o maitutulad sa mga nasa itaas, kasama na ang mga kinikilala
ng batas pandaigdigan.
(c)Ang Human Rights Violations Victim (HRVV) ay tumutukoy sa isang tao na ang mga karapatang pantao ay
nalabag ng mga taong gumaganap sa isang kapasidad na opisyal at/o mga ahente ng Estado sang-ayon sa
pagpapakahulugan dito. Upang mapabilang para sa babayaran sa ilalim ng Batas, ang paglabag sa karapatang
pantao ay kinakailangang naisagawa sa panahong mula 21 Setyembre 1972 hanggang 25 Pebrero 1986: Basta at,
gayumpaman, Na ang mga biktima ng mga paglabag sa karapatang pantao na naisagawa isang (1) buwan bago ang
21 Setyembre 1972 at isang (1) buwan matapos ang 25 Pebrero 1986 ay makatatanggap ng kabayaran, sa ilalim ng Batas
na ito kapag kaya nilang mapagtibay na ang paglabag ay naisagawa:
(1)Ng mga ahente ng Estado at/o ng mga taong gumaganap sa isang opisyal na kapasidad sang-ayon sa
pagpapakahulugan sa ibaba;
(2)Para sa layunin ng pangangalaga, pagpapanatili, pagtataguyod, o pagpapalaganap ng naturang rehimen; o
(3) Upang itago ang mga pang-aabuso sa panahon ng rehimeng Marcos at/o ang mga bunga ng Batas Militar.

Human Rights Education 49

(d) Mga Taong Gumaganap sa isang Opisyal na Kapasidad at/o Mga Ahente ng Estado. ––Ang mga
sumusunod na tao ay ituturing na mga taong gumaganap sa isang opisyal na kapasidad at/o mga ahente ng Estado sa
ilalim ng Batas na ito:
(1)Sinumang kasapi ng dating Philippine Constabulary (PC), ng dating Integrated National Police (INP), ng Armed
Forces of the Philippines (AFP), at ng Civilian Home Defense Force (CHDF) mula 21 Setyembre 1972 hanggang 25
Pebrero 1986 gayundin ang sinumang ahenteng sibilyan na kasama roon; at sinumang kasapi ng pangkat na
paramilitary kahit pa hindi ito organikong kabahagi ng PC, INP, AFP, o CHDF basta at naipakitang ang pangkat ay
binuo, pinondohan, binigyan ng mga kagamitan, pasilidad at/o mga yaman, at/o nakapaloob sa doktrina, hinahawakan
at/o pinapangasiwaan ng sinumang gumaganap sa isang opisyal na kapasidad at/o ahente ng Estado sang-ayon sa
pagpapakahulugan dito;
(2)Sinumang kasapi ng serbisyo sibil, kasama na ang mga taong may hinawakang posisyong pampubliko bilang halal o
itinalagang opisyal mula 21 Setyembre 1972 hanggang 25 Pebrero 1986;
(3)Mga táong tinutukoy sa Seksiyon 2(a) ng Kautusang Tagapagpaganap Blg. 1, na lumikha sa Presidential Commission
on Good Government (PCGG), na inilabas noong 28 Pebrero 1986 at sa mga kaugnay na batas ng noon ay Pangulong
Corazon C. Aquino sa pagpapatupad ng kanyang mga kapangyarihang lehislatibo sa ilalim ng Saligang Batas ng
Kalayaan, kasama na ang dating Pangulong Ferdinand E. Marcos, maybahay na Imelda R. Marcos, ang kanilang
malalapit na kapamilya sa dugo o kaugnayan, gayundin ang kanilang malalapit na kamag-anak, mga katuwang,
mga crony, at mga pinapasunod; at
(4)Sinumang tao o (mga) pangkat ng taong gumaganap nang may pahintulot, pagtataguyod, o pagpayag ng Estado
noong rehimeng Marcos.
(e) Ang tortiyur ay tumutukoy sa anumang gawain na kusang nagpapataw ng matinding sakit o pagdurusa, pisikal man o
mental, sa sinumang taong nasa pangangalaga ng mga taong gumaganap sa isang opisyal na kapasidad at/o mga ahente
ng Estado, sang-ayon sa pagpapakahulugan ng batas, hurisprudensiya, mga kumbensiyong pandaigdigan, at Batas
Republika Blg. 9745, na kilala rin bilang “Batas Laban sa Tortiyur ng 2009”.

SEK. 4. Pagiging Karapat-dapat sa Kabayarang Pananalapi. –– Sinumang HRVV na kalipikado sa ilalim ng Batas
na ito ay makatatanggap ng kabayaran mula sa Estado, walang buwis, sang-ayon sa itinatalaga rito: Basta at, Na sa
isang namatay o di-kusang nawalang HRVV, ang mga legal na tagapagmanang sang- ayon sa Kodigo Sibil ng Pilipinas, o
iba pang taong pinangalanan ng tagapagpaganap o tagapangasiwa ng ari-arian ng yumao o di-kusang nawalang HRVV
sang-ayon sa gayong pagkakasunod-sunod, ay karapat- dapat na makatanggap ng naturang kabayaran: Basta at,
gayundin, Na walang kikilalaning special power of attorney sa mismong paglalabas ng gawad, at tanging ang biktima
o ang binanggit na (mga) kasunod-sa- pagtanggap ang magiging karapat-dapat upang personal na tanggapin ang
nasabing kabayaran mula sa Lupon, maliban kung ang sangkot na biktima ay naipakitang walang kakayahan sang-
ayon sa pagtanggap ng Lupon: Basta at, higit pa rito, Na ang kabayarang natanggap sa ilalim ng Batas na ito ay walang
pagkilala sa pagtanggap ng ibang halaga ng HRVV mula sa sinumang tao o entidad sa anumang dahilang may
kinalaman sa mga paglabag sa mga karapatang pantao na binigyang-kahulugan sa Batas na ito.

SEK. 5. Kabayarang Di-Pananalapi. –– Ang Department of Health (DOH), Department of Social Welfare and
Development (DSWD), Department of Education (DepED), Commission on Higher Education (CHED),
Technical Education and Skills Development Authority (TESDA), at iba pang katulad na mga ahensiya ng
pamahalaan ay magbibigay ng kinakailangang mga serbisyo bilang kabayarang di-pananalapi para sa mga HRVV at/p
kanilang mga pamilya, sang-ayon sa tutukuyin ng Lupon sang-ayon sa mga probisyon ng Batas na ito. Ang halagang
kinakailangan para sa layuning ito ay magmumula sa badyet ng sangkot na ahensiya sa taunang General
Appropriations Act (GAA).

SEK. 6. Halaga ng Kabayaran. — Ang halaga ng kabayaran sa ilalim ng Batas na ito ay sang-ayon sa tindi ng
paglabag sa karapatang pantao na naipataw sa HRVV at sang-ayon sa bilang ng mga puntos na nakatalaga sa
indibidwal sa ilalim ng Seksiyon 19 mula rito.

SEK. 7. Pagkukunan ng Kabayaran. — Ang halagang Sampung bilyong piso (PHP10,000,000,000.00) at naipong
interes na bumubuo sa bahagi ng mga pondong isinalin sa pamahalaan ng Republika ng Pilipinas sa bisa ng Orden ng
Swiss Federal Supreme Court noong 10 Disyembre 1997, na tinanggap ng Korte Suprema ng Pilipinas bilang
pangwakas at maipatutupad sa Republika vs. Sandiganbayan noong 15 Hulyo 2003 (G.R. Blg. 152154) bilang yamang
nakamal ng mga Marcos sa masamang paraan (ill-gotten wealth) at

Human Rights Education 50

binawi para sa Republika ng Pilipinas, ang pangunahing pagkukunan ng mga pondo para sa pagpapatupad ng Batas na
ito.

KABANATA II
ANG LUPON SA MGA KARAPATAN NG MGA BIKTIMA NG KARAPATANG PANTAO

SEK. 8. Paglikha at Pagbubuo ng Lupon sa mga Karapatan ng mga Biktima ng Karapatang Pantao. — Nilikha
roon ang nakapagsasarili at malahukumang pangkat na kikilalanin bilang Lupon sa mga Karapatan ng mga Biktima ng
Karapatang Pantao, na tutukuyin mula rito bilang Lupon. Bubuuin ito ng siyam (9) na kasapi, na magtataglay ng mga
sumusunod na kalipikasyon:
(a) Kilalang marangal, may kakayahan at integridad;
(b) Kinakailangang may malalim at masaklaw na pag-unawa at kaalaman ng karapatang pantao at
pakikisangkot sa mga pagsisikap laban sa mga paglabag sa mga karapatang pantao na naisagawa noong rehimen ng
dating Pangulong Ferdinand E. Marcos;
(c) May tatlong (3) taon man lamang na kasapi ng Philippine Bar na may pakikilahok sa praktis ng batas nang
hindi bababa sa sampung (10) taon; at
(d)Kinakailangang may malinaw at sapat na pag-unawa at pananagutan sa pangangalaga, pagtataguyod, at adbokasiya
ng karapatang pantao.
Ang Lupon sa mga Karapatan ng mga Biktima ng Karapatang Pantao ay ikakawing bagaman hindi
nakapailalim sa Commission on Human Rights (CHR).
Isasaayos ng Lupon ang sarili nito sa loob ng tatlumpung (30) araw mula sa pagkompleto ng itinalagang siyam (9)
na kasapi at mula roon ay isasaayos ang Secretariat nito.

SEK. 9. Pagtatalaga sa Lupon. — Ang Pangulo ang magtatalaga sa Tagapangulo at sa walong (8) iba pang kasapi ng
Lupon: Basta at, Na ang mga organisasyon para sa karapatang pantao tulad ng, bagaman hindi limitado sa Task Force
Detainees of the Philippines (TFDP), Free Legal Assistance Group (FLAG), Movement of Attorneys for
Brotherhood, Integrity and Nationalism (MABINI), Families of Victims of Involuntary Disappearance
(FIND), at Samahan ng mga Ex-Detainees Laban sa Detensyon at Aresto (SELDA) ay makapagpapása ng mga
nominasyon sa Pangulo.

SEK. 10. Mga Kapangyarihan at Gawain ng Lupon. — Ang Lupon ay magkakaroon ng mga sumusunod na
kapangyarihan at gawain:
(a) Tumanggap, magtaya, magproseso, at magsiyasat ng mga aplikasyon para sa mga claim sa ilalim ng Batas na
ito;
(b)Maglabas ng (mga) subpoenang ad testificandum at (mga) subpoenang duces tecum;
(c)Magsagawa ng mga nakapagsasariling gawaing administratibo at magsaayos ng mga di-pagkakasundo kaugnay ng
mga claim;
(d)Tanggapin nang mapasusubalian ang lahat ng karapat-dapat na claim sa ilalim ng Batas na ito;
(e)Kumatawan sa mga angkop na ahensiya ng pamahalaan upang tulungan itong maipatupad nang epektibo ang mga
gawain nito;
(f)Itaguyod ang mga tuntunin na maaaring kailanganin upang ipatupad ang mga layunin ng Batas na ito, kasama
na ang tuntuning susundin sa pagsasagawa nito, nang isinasaalang-alang ang Nirebisang Tuntuntin ng Korte ng
Pilipinas sa pagpapatupad;
(g)Magpataw ng administratibong kontrol at superbisyon sa Secretariat nito;
(h)Ang Lupon, sang-ayon sa pasya nito, ay maaaring kumonsulta sa mga organisasyon para sa karapatang pantao na
binanggit sa Seksiyon 9; at
(i) Magsagawa ng iba pang mga tungkulin, gawain, at pananagutang maaaring kailanganin upang mabisang
makamit ang mga layunin ng Batas na ito.

SEK. 11. Resolusyon ng mga Claim. — Ang Lupon ay bubuuin ng tatlong (3) dibisyon na kikilos nang sabay- sabay
at nakapagsasarili sa isa’t isa para sa resolusyon ng mga claim na babayaran. Bawat dibisyon ay bubuuin ng isang
(1) Tagapangulo, na kasapi ng Philippine Bar at dalawang (2) kasapi na itatalagang en banc ng Lupon.

SEK. 12. Mga Kabayaran. — Ang Tagapangulo at mga kasapi ng Lupon ay magkakaroon ng ranggo, suweldo,
kabayaran, at mga alawans na katumbas ng Gumaganap na Hukom at pagkatapos ay ng Katuwang na Hukom ng Korte
ng Apelasyon.

Human Rights Education 51

SEK. 13. Secretariat ng Lupon. — Ang Lupon ay tutulungan ng isang Secretariat na maaaring magmula sa
kasalukuyang kawani ng CHR nang walang pagkiling laban sa pagkuha ng dagdag na kawani sang-ayon sa titiyakin ng
Lupon upang maharap ang dami ng kinakailangang gawain. Ang mga sumusunod ang mga gawain ng
Secretariat:
(a) Tumanggap, magtaya, magproseso, at magsiyasat ng mga aplikasyon para sa mga claim sa ilalim ng Batas na
ito;
(b)Magmungkahi sa Lupon ng mga tatanggaping aplikasyon para sa mga claim;
(c)Tulungan ang Lupon sa mga gawaing teknikal; at
(d)Magsagawa ng iba pang tungkuling ipapagawa ng Lupon.
Ang Tagapangulo ng Lupon ay magtatalaga ng isang Kalihim ng Lupon na siyang mamumuno sa Secretariat sa buong
panahon ng pag-iral ng Lupon. Magkakaroon ng Puno ng Technical Staff na tutulungan ng limang
(5) Legal na Opisyal at tatlong (3) Opisyal na Paralegal; at isang Puno ng Administratibong Staff na tutulungan
ng tatlong (3) Staff para sa Tulong Administratibo.
Kapag kinakailangan, maaaring kumuha ang lupon ng dagdag na empleadong kontraktuwal o mangontrata ng serbisyo
para magkaloob ng mga serbisyo bilang mga tagapayo, sikolohista, social worker, at mga espesyalista sa
pampublikong edukasyon, at iba pa, upang suhayan ang mga serbisyo ng Secretariat: Basta at, Na ang pinakamataas na
halaga ng kontrata bawat taon ay hindi tataas sa labinlimang bahagdan (15%) ng kabuuang taunang badyet para sa
operasyon ng Lupon.

SEK. 14. Badyet para sa Operasyon ng Lupon. — Ang badyet para sa operasyon ng Lupon ay magmumula sa
Sampung bilyong pisong (PHP10,000,000,000.00) pondo, nang may Sampung milyong piso
(PHP10,000,000.00) bilang pauna nitong badyet sa operasyon: Basta at, Na hindi ito lalampas sa
Limampung milyong piso (PHP50,000,000.00) kada taon.

SEK. 15. Wastong Paglalabas ng Pondo. — Titiyakin ng Lupon na ang mga pondong nakalaan o iyong
magagamit bilang kabayaran sa mga HRVV ay nailalabas nang wasto sang-ayon sa mga polisiyang inilahad ng
Kongreso at iba pang may-kaugnayang mga tuntunin, regulasyon, at pamamaraan ng akawnting ng pamahalaan.

KABANATA III
MGA MAY KARAPATAN, PAGBABAYAD, AT PAGKILALA

SEK. 16. Mga May Claim. — Sinumang HRVV ay maaaring magpasa ng claim sa Lupon para sa kabayaran at/o
pagkilala sang-ayon sa mga probisyon ng Batas na ito.

SEK. 17. Pangwakas na Pagkilala na HRVV ang Isang Tao sa Ilalim ng Batas na Ito. –– Ang mga nagpasa ng
claim sa isang class suit at tuwirang mga nagsasampa ng aksiyon sa Paglilitis para sa Karapatang Pantao Laban sa Estado
ni Ferdinand E. Marcos (MDL Blg. 840, CA Blg. 88-0390) sa US Federal District Court ng Honolulu, Hawaii kung saan
inilabas ang isang pumapabor na husga, ay bibigyan ng pangwakas na pagkilala na sila ay mga HRVV: Basta at, Na ang
mga HRVV na kinilala ng Bantayog Ng Mga Bayani Foundation ay bibigyan din ng parehong pangwakas na pagkilala:
Basta at, gayundin, Na walang nariritong ipagpapalagay na mag-aalis sa Lupon ng orihinal nitong hurisdiksiyon at ng
nakapaloob ditong kapangyarihan upang tiyakin ang saklaw ng mga paglabag sa karapatang pantao at ang mga katumbas
na kabayaran at/o pagkilala na maaaring ipagkaloob.

SEK. 18. Pagkilalang Motu Propio. — Maaaring kunin ng Lupon ang panghukom na motu propio ng mga
indibidwal na nagdusa sa mga paglabag sa karapatang pantao sang-ayon sa pagpapakahulugan dito at bigyan ang
mga ito ng pagkilala bilang mga HRVV at isa sa Hanay ng mga Biktima sang-ayon sa itinala ng Seksiyon 26 mula
rito.

SEK. 19. Pagtiyak sa Gawad. — (a) Susundin ng Lupon ang sistemang de-puntos sa pagtiyak sa gawad. Ang
lawas ay mula isa (1) hanggang sampung (10) puntos, tulad ng mga sumusunod:
(1)Ang mga biktimang namatay o nawala at patuloy pa ring nawawala ay bibigyan ng sampung (10) puntos;
(2) Ang mga biktimang tinortiyur at/o ginahasa o inabusong seksuwal ay bibigyan ng anim (6) hanggang siyam
(9) na puntos;
(3)Ang mga biktimang ikinulong ay bibigyan ng tatlo (3) hanggang limang (5) puntos; at

Human Rights Education 52

(4)Ang mga biktimang nilabag ang mga karapatan sa ilalim ng Seksiyon 3, talata (b), mga bilang (4), (5), at
(6) ng Batas na ito ay bibigyan ng isa (1) hanggang dalawang (2) puntos.
Gagamitin ng Lupon ang kapangyarihan nito nang may kaukulang ingat sa pagtukoy sa puntos ng bawat biktima,
na magiging batay sa uri ng paglabag na isinagawa laban sa HRVV, sa dalas, at sa tagal ng paglabag. Sa bawat
kategorya, ang mga HRVV na mas dumanas ng pagdurusa ang makatatanggap ng mas maraming puntos. Sa mga
pagkakataon na ang isang biktima ay nasa ilalim ng higit sa isang kategorya, igagawad sa kanya ang mga puntos ng
mas mataas na kategorya: Basta at, Na sa mga kaso kung saan may ilang katanggap-tanggap na ipinasang claim para sa
kabayaran sa o sa ngalan ng isang partikular na HRVV, ang Lupon ay maggagawad lamang ng isang (1)
katanggap-tanggap na claim na tumutumbas sa kategoryang mayroong pinakamataas na bilang ng puntos para sa
bawat katanggap-tanggap na nagpasa ng claim.
(b)Magpapatuloy ang Lupon sa pagtiyak sa gawad ng bawat may karapatan sa ilalim ng mga Seksiyon 16, 17, at 18 ng
Batas na ito.
(c)Saka bibilangin ng Lupon ang pangwakas na halaga sa salapi ng gawad para sa isang tao na katumbas sa halagang
bilang ng isang puntos katapat ng bilang ng mga puntos na matatanggap ng isang may karapatan, sang-ayon sa
dati nang tinukoy ng Lupon.
(d)Sa loob ng tatlumpung (30) araw matapos tanggapin ng Lupon bilang pangwakas ang lahat ng katanggap- tanggap
na claim bago ito at matapos ang kaukulang paglalathala ng naturang lehitimong claim, magkakaroon ng bisa
ang gawad ng kabayarang pananalapi: Basta at, Na anumang nakasalang na apelang ipinasa ng napinsang may
karapatan o sa harap ng Lupong en banc ay kinakailangang resolbahin nito sa loob ng animnapung (60) araw bago
maging functus officio ang Lupon.

KABANATA IV
MGA PANGKALAHATANG PROBISYON

SEK. 20. Pagsasalin ng Pondo. — Sang-ayon sa husgang binanggit sa Seksiyon 7 nito, ang halagang Sampung
bilyong piso (PHP10,000,000,000.00) at ang naipong interes ay itatabi at ilalaan sa pondo para sa mga layunin ng
Batas na ito.

SEK. 21. Dokumentasyon ng mga Paglabag sa Karapatang Pantao na Naisagawa ng Rehimeng Marcos. —
Sa pagpapatupad ng Batas na ito at nang walang pagkiling laban sa anumang iba pang dokumentaryo o ibang
ebidensiya na maaaring hingin para sa paggagawad ng anumang kabayaran, sinumang HRVV na naghahangad ng
kabayaran ay magsasagawa ng isang detalyadong sinumpaang salaysay na nagsasaad ng mga pangyayaring kaugnay ng
naisagawang (mga) paglabag sa karapatang pantao.

SEK. 22. Publikasyon. — Sang-ayon sa Seksiyon 23 nito, ang Lupon, matapos magtipon, ay magtatakda ng panahon
para sa pagsisimula at pagtatapos ng mga aplikasyon ng mga HRVV at magsisimula ng paglalathala niyon:
Basta at, Na ang naturang panahon ay magsisimula lamang nang labinlimang (15) araw matapos ang huli nitong
publikasyon, na magiging isang beses sa isang linggo sa loob ng tatlong (3) magkakasunod na linggo sa hindi
bababa sa dalawang (2) pambansang pahayagan na may malawakang sirkulasyon.

SEK. 23. Panahon ng Pagpapasa ng mga Claim; Waiver. — Ang isang HRVV ay kinakailangang magpasa ng
aplikasyon para sa kabayaran sa Lupon sa loob ng anim (6) na buwan simula sa pagkakaroon ng bisa ng implementing
rules and regulations (IRR) ng Batas na ito: Basta at, Na ang kabiguang makapagpasa ng aplikasyon sa loob ng
naturang panahon ay ituturing na isang waiver ng karapatang makapagpasa ng gayon: Basta at, gayundin, Na
para sa mga HRVV na patay na, walang kakayahan, o nawawala dahil sa pinilit na pagkawala, ang mga legal nilang
(mga) tagapagmana o kinatawan ay maaaring magpasa ng isang aplikasyon para sa kabayaran sa ngalan nila.
Anumang di-pagsang-ayon sa bagong (mga) aplikasyon sang-ayon sa Seksiyon 16 nito ay kikilalanin lamang kung
naipasa iyon sa loob ng labinlimang (15) araw mula sa araw ng huling publikasyon ng opisyal na talaan ng mga
maaaring claimant sang-ayon sa pagtukoy ng Lupon. Ang Lupon ang maglalathala ng opisyal na talaan ng mga
maaaring claimant isang beses sa isang linggo sa loob ng tatlong (3) magkakasunod na linggo sa hindi bababa sa
dalawang (2) pambansang pahayagan na may malawakang sirkulasyon.

Human Rights Education 53

SEK. 24. Apela. — Sinumang napinsalang claimant o di-sang-ayon ay maaaring magpasa ng apela sa loob ng sampung
(10) araw sa kalendaryo mula sa pagtanggap ng Resolusyon ng Dibisyon sa Lupong en banc, na ang pasya ay
magiging pangwakas at maipatutupad.

SEK. 25. Mga Multa; Paglalapat ng Binagong Kodigo Penal. — Sinumang claimant na napatunayan ng
Lupon, matapos ang kaukulang pagdinig, na nagpasa ng isang pekeng claim, ay ipapasa sa angkop na tanggapan
para sa paglilitis. Kapag nahatulan, mabibilanggo siya nang walo (8) hanggang sampung (10) taon, hindi
makapapasok sa tanggapan at trabahong pampubliko, at mawawalan ng karapatang bumoto at iboto sa anumang
pambansa at lokal na halalan, kahit matapos na pagsilbihan ang sentensiya maliban kung pagkalooban ng ganap na
pardon.
Sinumang kasapi ng Lupon at ng Secretariat nito, opisyal na pampubliko, kawani ng isang ahensiya o sinumang
pribadong indibidwal na inatasang ipatupad ang Batas na ito na gagamitin sa maling paraan, nanakawin, o ilalaan
sa di-dapat ang mga pondo para sa kabayaran sa mga HRVV o magsasagawa ng panlilinlang sa pagpoproseso ng
mga dokumento at claim ng mga HRVV, o makikipagsabwatan sa sinumang indibidwal upang isagawa rin iyon, ay
lilitisin din.
Sinumang kasapi ng Lupon at ng Secretariat nito, opisyal na pampubliko, kawani ng isang ahensiya o sinumang
pribadong indibidwal na inatasang ipatupad ang Batas na ito na napatunayang nagkasala ng alinman o lahat ng
ipinagbabawal na gawaing binanggit sa sinundang talata, o ng mga gawaing mapaparusahan sa ilalim ng
Binagong Kodigo Penal ay paparusahan sa ilalim ng mga kaugnay na probisyon ng Kodigo at mga kaugnay na
espesyal na batas penal.

SEK. 26. Talaan ng mga Biktima. — Ang mga taong HRVV, maging sila man ay humingi ng kabayaran o hindi,
ay bibigyan ng pagkilala sa pamamagitan ng paglalagay ng kanilang mga pangalan sa isang Talaan ng mga Biktima
ng Karapatang Pantao na ihahanda ng Lupon.
Isang Memoryal/Museo/Aklatan ang itatatag bilang parangal at sa alaala ng mga biktima ng mga paglabag sa
karapatang pantao na ang mga pangalan ay ilalagay sa Talaan. Isang kalipunan ng kanilang mga sakripisyo ang
ihahanda na maaaring tingnan at sangguniin sa internet. Ang Memoryal/Museo/Aklatan/Kalipunan ay
magkakaroon ng hindi bababa sa Limang daang milyong piso (PHP500,000,000.00) mula sa naipong interes ng
Sampung bilyong pisong (PHP10,000,000,000.00) pondo. Maaari ding ilantad ang Talaan sa mga ahensiya ng
pamahalaan na maitatalaga ng HRVV Memorial Commission na nililikha rito sa ibaba.

SEK. 27. Human Rights Violations Victims’ Memorial Commission. — Nililikha rito ang isang Komisyon na
kikilalanin bilang Human Rights Violations Victims’ Memorial Commission, at tatawagin mula rito bilang
Komisyon, pangunahin para sa pagtatatag, pagbawi, pagpapanatili, at pag-iingat ng
Memoryal/Museo/Aklatan/Kalipunan bilang pagpaparangal sa mga HRVV sa panahon ng rehimeng Marcos. Ang mga
kapangyarihan at gampanin ng Komisyon ay hahawakan ng Lupon ng mga Trustee na bubuuin ng mga sumusunod:
Tagapangulo ng CHR bilang Tagapangulo; Tagapangulo ng National Historical Commission bilang Katuwang
na Tagapangulo; at ang mga Tagapangulo ng CHED at National Commission on Culture and the Arts (NCCA), ang
Kalihim ng Kagawaran ng Edukasyon, at Puno ng Pangunahing Aklatan ng Unibersidad ng Pilipinas sa Diliman
bilang mga kasapi.
Ang Lupon ng mga Trustee ang may kapangyarihang tumanggap at magtalaga ng mga opisyal nito at kawani, tumanggap
ng mga donasyon at grant para at sa ngalan nito, at lumikha ng rebenyu para sa pakinabang ng Komisyon.
Ang Komisyon ay ikakawing sa CHR para lamang sa mga layunin ng pagbabadyet at administrasyon. Ang badyet para sa
operasyon ng Komisyon ay magmumula sa Batas Pangkalahatang Apropyasyon.
Makikipag-ugnayan at makikipagtulungan din ang Komisyon sa DepED at sa CHED upang matiyak na ang pagtuturo ng
mga karahasa ng Batas Militar, ang mga buhay at mga sakripisyo ng mga HRVV sa ating kasaysay ay kasama sa
mga kurikulum ng edukasyong batayan, sekundaryo, at tersiyaryo.

KABANATA V
MGA PANGWAKAS NA PROBISYON

SEK. 28. Mga Gabay para sa Implementing Rules and Regulations (1RR). — Sa pagpapatupad ng Batas na ito at
sa pagbubuo ng mga katumbas na mga tuntunin at regulasyon, at upang matiyak na lahat ng aplikasyon ay natingnan
nang wasto para sa mga mapanlinlang na claim, kinakailangang magpakita ng Lupon ng:
(a) Pagiging bukas sa pagpoproseso ng mga claim;

Human Rights Education 54

(b)Isang paraan na magpapahintulot sa sinuman upang labanan ang isang aplikasyon o claim sa dahilang isa itong
panlilinlang, katha, o peke at nagbibigay rito ng pagkakataon upang tanungin iyon at magharap ng ebidensiya bilang
suporta roon; at
(c) Isang paraan na mabilis at agaran nang hindi naisasaalang-alang ang mga pundamental na karapatan ng sinumang
panig.
Sa loob ng labinlimang (15) araw mula sa araw ng organisasyon nito, ang Lupon ay magpapatibay ng
kinakailangang IRR at mga hakbang para sa mabisang pagpapatupad ng Batas na ito. Ang IRR ay
magkakaroon ng bisa labinlimang (15) araw matapos ang publikasyon nito sa dalawang (2) pambansang pahayagan
na may malawakang sirkulasyon.

SEK. 29. Panahon ng Paggawa; Sugnay ng Pagsasara. — Tatapusin ng Lupon ang gawain nito sa loob ng
dalawang (2) taon mula sa pagkakabisà ng IRR na pinagtibay nito. Matapos ang panahong iyon, magiging
functus officio ito.

SEK. 30. Sugnay ng Pagkakahiwalay. — Sa kung anumang dahilan at ang anumang seksiyon o probisyon ng Batas
na ito ay ipahayag na hindi sang-ayon sa konstitusyon o walang bisa, ang ibang mga seksiyon o mga probisyon na hindi
naapektuhan mula roon ay mananatiling may ganap na puwersa at bisà.

SEK. 31. Sugnay na Pambawi. — Lahat ng batas, dekreto, kautusang tagapagpaganap, mga tuntunin at
regulasyon, at iba pang inilabas o bahagi ng mga iyon hindi naaayon sa mga probisyon sa Batas na ito, kasama na
ang Seksiyon 63(b) ng Batas Republika Blg. 6657, sang-ayon sa pagsusog dito, na kilala rin bilang Batas sa
Malawakang Repormang Agraryo ng 198 at Seksiyon 40(a) ng Batas Republika Blg. 7160, na kilala rin bilang Kodigo
ng Lokal na Pamahalaan ng 1991, ay binabawi rito, binabago, o sinususugan nang naaayon dito.
SEK. 32. Sugnay ng Pagkakabisà. — Ang Batas na ito ay magkakaroon ng bisà sa loob ng labinlimang (15) araw
matapos ang kompletong publikasyon nito sa Official Gazette o sa dalawa (2) man lamang pahayagang pambansa na
may malawang sirkulasyon.

APPENDIX “C” Universal Declaration of Human Rights

Preamble

Whereas 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,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of
mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from
fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and
oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the
dignity and worth of the human person and in the equal rights of men and women and have determined to promote
social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of
universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full
realization of this pledge,

Human Rights Education 55

Now, therefore, The General Assembly, Proclaims this Universal Declaration of Human Rights as a common standard of
achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this
Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms
and by progressive measures, national and international, to secure their universal and effective recognition and
observance, both among the peoples of Member States themselves and among the peoples of territories under their
jurisdiction.

Article I All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience
and should act towards one another in a spirit of brotherhood.

Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind,
such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or
other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or
international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-
governing or under any other limitation of sovereignty.

Article 3 Everyone has the right to life, liberty and the security of person.

Article 4 No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their
forms.

Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 6

Everyone has the right to recognition everywhere as a person before the law.

Article 7 All are equal before the law and are entitled without any discrimination to equal protection of the law. All are
entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such
discrimination.

Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the
fundamental rights granted him by the constitution or by law.

Article 9 No one shall be subjected to arbitrary arrest, detention or exile.

Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial
tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11
1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a
public trial at which he has had all the guarantees necessary for his defence.
2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal
offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed
than the one that was applicable at the time the penal offence was committed.

Article 12 No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law
against such interference or attacks.

Article 13
1. Everyone has the right to freedom of movement and residence within the borders of each State.
2. Everyone has the right to leave any country, including his own, and to return to his country.

Article 14
1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.
2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts
contrary to the purposes and principles of the United Nations.

Article 15

Human Rights Education 56

1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16
1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to
found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
2. Marriage shall be entered into only with the free and full consent of the intending spouses.
3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17
1. Everyone has the right to own property alone as well as in association with others.
2. No one shall be arbitrarily deprived of his property.

Article 18 Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change
his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his
religion or belief in teaching, practice, worship and observance.

Article 19 Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions
without interference and to seek, receive and impart information and ideas through any media and regardless of
frontiers.

Article 20
1. Everyone has the right to freedom of peaceful assembly and association.
2. No one may be compelled to belong to an association.

Article 21
1. Everyone has the right to take part in the government of his country, directly or through freely chosen
representatives.
2. Everyone has the right to equal access to public service in his country.
3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic
and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by
equivalent free voting procedures.

Article 22 Everyone, as a member of society, has the right to social security and is entitled to realization, through
national effort and international co-operation and in accordance with the organization and resources of each State, of
the economic, social and cultural rights indispensable for his dignity and the free development of his
personality.

Article 23
1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to
protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal work.
3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an
existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
4. Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24 Everyone has the right to rest and leisure, including reasonable limitation of working hours and
periodic holidays with pay.

Article 25
1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family,
including food, clothing, housing and medical care and necessary social services, and the right to security in the
event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond
his control.
2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of
wedlock, shall enjoy the same social protection.

Human Rights Education 57

Article 26
1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages.
Elementary education shall be compulsory. Technical and professional education shall be made generally available
and higher education shall be equally accessible to all on the basis of merit.
2. Education shall be directed to the full development of the human personality and to the strengthening of respect for
human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations,
racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
3. Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27
1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share
in scientific advancement and its benefits.
2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary
or artistic production of which he is the author.

Article 28 Everyone is entitled to a social and international order in which the rights and freedoms set forth in this
Declaration can be fully realized.

Article 29
1. Everyone has duties to the community in which alone the free and full development of his personality is possible.
2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined
by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of
meeting the just requirements of morality, public order and the general welfare in a democratic society.
3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United
Nations.

Article 30 Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage
in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

APPENDIX “D”

Format of the Case Digest

I. Caption. This includes the title of the case, the date it was decided, and citation. Include also the petitioner,
respondent, and the ponente.
[Link]. There is no need to include all the facts. Just include those that are relevant to the subject.
III. Issues. Include only those that are relevant. Issues are usually framed in the form of questions that are
answerable by "yes" or "no," for example, "Is the contract void?" Sometimes, students frame the question by starting
it with the word "whether," for example, "Whether the contract is void" or "Whether or not the contract is void." The
answer to the question has to be answered in the ruling.
IV. Ruling. This usually starts with a "yes" or a "no." This is the answer to the question/s involving the issue. After
the categorical yes/no answer, the reason for the decision will be explained.
[Link] and Dissenting Opinions. This part is optional, but it would help to include them because there are
professors who ask for separate opinions in recitations.

Human Rights Education 58

Sample Case Digest

DOMINGO VS. COURT OF APPEALS 226

SCRA 572
Petitioner: Roberto Domingo
Respondents: Court of Appeals and Delia Soledad Avera Ponente:
J. Romero

FACTS:
On May 29, 1991, private respondent Delia Soledad A. Domingo filed the petition entitled "Declaration of Nullity of
Marriage and Separation of Property" against Roberto Domingo. The petition, which was filed before Pasig RTC,
alleged the following:
(a) they were married on November 29, 1976;
(b)unknown to her (Delia), he had a previous marriage with Emerina dela Paz on April 25, 1969 which marriage
is valid and still existing;
(c)she came to know of the prior marriage only sometime in 1983 when Emerina sued them for bigamy;
(d)since 1979, she has been working in Saudi Arabia and is only able to stay in the Philippines when she would avail
of the one-month annual vacation leave granted by her employer;
(e) Roberto has been unemployed and completely dependent upon her for support and subsistence;
(f)Her personal properties amounting to P350,000.00 are under the possession of Roberto, who disposed some of the
said properties without her knowledge and consent;
(g)while on her vacation, she discovered that he was cohabiting with another woman.
Petitioner filed a Motion to Dismiss on the ground that the declaration of their marriage, which is void ab initio, is
superfluous and unnecessary. He further suggested that private respondent should have filed an ordinary civil action
for the recovery of the properties alleged to have been acquired by their union.
RTC and CA dismissed the petitioner's motion for lack of merit.

ISSUES:
1) Whether or not a petition for judicial delaration of a void marriage is necessary. (If in the affirmative, whether
the same should be filed only for purpose of remarriage.)
2) Whether or not the petition entitled "Declaration of Nullity of Marriage and Separation of Property" is the proper
remedy of private respondent to recover certain real and personal properties allegedly belonging to her exclusively.

HELD:
1) Yes. The nullification of a marriage for the purpose of contracting another cannot be accomplished merely on the
basis of the perception of both parties or of one that their union is defective. Were this so, this inviolable social
institution would be reduced to a mockery and would rest on a very shaky foundation. On the other hand, the clause "on
the basis solely of a final judgment delaring such marriage void" in Article 40 of the Code denotes that such final
judgment declaring the previous marriage void is not only for purpose of remarriage.
2) Yes. The prayer for declaration of absolute nullity of marriage may be raised together with the other incident of
their marriage such as the separation of their properties. The Family Code has clearly provided the effects of the
declaration of nullity of marriage, one of which is the separation of property according to the regime of property
relations governing them.
Hence, SC denied the instant petition. CA's decision is affirmed

Human Rights Education 59

 RUBRIC

REFLECTIVE WRITING RUBRICS/RESEARCH PAPER

Skills 5 4 3 2 1
Depth of Demonstrate a Demonstrate a Demonstrate a Demonstrate a Demonstrate
reflection conscious and thoughtful basic limited little or no
thorough understanding understanding of understanding of the understanding of
understanding of the of the subject the subject subject matter. This the subject
subject matter. This matter matter. reflection needs matter. This
reflection can be revisions reflection needs
used as an example for revisions
other students
Use of Use specific and Use relevant Use examples Use incomplete or No examples
textual convincing examples examples from from the text to vaguely developed from the text are
evidence from the text studied the texts studied support most examples to only used and claims
to support claims in to support claims in your partially support made in your
your own writing, claims in your writing with claims with no own writing are
making insightful and own writing, some connections made unsupported
applicable making connections between texts and irrelevant to
connections between applicable made between the topic at hand
texts. connections texts
between texts
Language Use language that is Use language Use basic but Use language that is Use language
use precise and that is fluent and appropriate vague or imprecise that is unsuitable
engaging, with original, with a language, with for the audience or for the audience
notable awareness sense of some awareness purpose, with little and purpose,
of audience and awareness of of audience and sense of voice, and with little or no
purpose and varied audience and purpose and a limited awareness awareness of
sentence structure purpose, and some attempt to of how to vary sentence structure.
vary sentence vary sentence sentence structure
structure structure
Conventions Demonstrate control Demonstrate Demonstrate Demonstrate limited Demonstrate
of the conventions control of the partial control of control of the little or no
with essentially no conventions, the conventions, conventions, control of the
errors, even with exhibiting exhibiting exhibiting frequent conventions,
sophisticated occational errors occasional errors that make making
language only when using errors that do not comprehension comprehension
sophisticated hinder difficult. almost.
comprehension

Human Rights Education 60

 REFERENCES:

Atty. Dela Cruz & PSSUPT FLORENDO, 2017, Understanding Human Rights & International Humanitarian
Law
Classification of Human rights, Accessed at [Link]
Cosmological Insignificant (2014), The causes of human rights violations, Accessed at
[Link]
[Link] (2019) Hugue Conventions of 1907, Accessed at
[Link] conventions-
1907
Flowers, N., 1998 Human Rights Here and Now, Accessed at
[Link]
For Life and Law (2018) Republic Act No. 10368, Accessed at [Link] act-no-
10368-summary/
Humana Rights Careers (2015) 10 reason why human rights are important, Accessed at
[Link]
International Humanitarian Law (2011), Accessed at
[Link]
anitarian_Law/IHL_SummaryGenevaConv.pdf
OCHA (2012), Humanitarian Principle, Accessed at [Link]
humanitarianprinciples_eng_June12.pdf
Official Gazette, Accessed at [Link] republic-of-
the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-iii/
Official Gazetth, Accessed at [Link]
Official Website: [Link]
10368/#:~:text=%E2%80%94%20This%20Act%20shall%20be%20known,and%20Recognition%20A ct%20of
%202013%E2%80%9D.&text=%E2%80%94%20Section%2011%20of%20Article%20II,full% 20respect%20for
%20human%20rights.
Republic Act No. 10368
Universal Declaration of Human Rights, Accessed at
[Link]
Wahab Ohid Legal Aid, 2013 Accessed at [Link]
[Link]
Weapons Law Encyclopedia, 2020 Accessed at [Link] Petersburg-
Declaration

Human Rights Education 61