MODULE 1

CHAPTER 1
FUNDAMENTAL CONCEPTS AND PRINCIPLES OF HUMAN RIGHTS

Course Title: Human Rights Education

Course Code: CLJ 2

Name:
Course and Year:
Date and Time Allotment:

Introduction

Human Rights are the aggregate of privileges, claim, benefits, entitlements and
moral guarantees that pertain to man because of his humanity.

Objectives:
In this module, you will:
Understand what are the Human Right is
Understand the principles of Human Rights and what is the obligations of state
on Human Rights
Understand the generations of Human Rights

Lecture and Discussions of the lesson/s

Every individual has dignity. The principles of human rights were drawn up by
human beings as a way of ensuring that the dignity of everyone is properly and equally
respected, that is, to ensure that a human being will be able to fully develop and use
human qualities such as intelligence, talent and conscience and satisfy his or her
spiritual and other needs.

Dignity gives an individual a sense of value and worth. The existence of human
rights demonstrates that human beings are aware of each other’s worth. Human dignity
is not an individual, exclusive and isolated sense. It is a part of our common humanity.

Human rights enable us to respect each other and live with each other. In other
words, they are not only rights to be requested or demanded but rights to be respected
and be responsible for. The rights that apply to you also apply to others.

The denial of human rights and fundamental freedoms not only is an individual
and personal tragedy, but also creates conditions of social and political unrest, sowing
the seeds of violence and conflict within and between societies and nations.
HUMAN RIGHTS PRINCIPLES
Human rights are universal and inalienable; indivisible; interdependent and
interrelated. They are universal because everyone is born with and possesses the same
rights, regardless of where they live, their gender or race, or their religious, cultural or
ethnic background. Inalienable because people’s rights can never be taken away.
Indivisible and interdependent because all rights—political, civil, social, cultural and
economic—are equal in importance and none can be fully enjoyed without the others.
They apply to all equally, and all have the right to participate in decisions that affect their
lives. They are upheld by the rule of law and strengthened through legitimate claims for
duty-bearers to be accountable to international standards.

Universality and Inalienability: Human rights are universal and inalienable. All
people everywhere in the world are entitled to them. The universality of human rights is
encompassed in the words of Article 1 of the Universal Declaration of Human Rights:
“All human beings are born free and equal in dignity and rights.”

Indivisibility: Human rights are indivisible. Whether they relate to civil, cultural,
economic, political or social issues, human rights are inherent to the dignity of every
human person. Consequently, all human rights have equal status, and cannot be
positioned in a hierarchical order. Denial of one right invariably impedes enjoyment of
other rights. Thus, the right of everyone to an adequate standard of living cannot be
compromised at the expense of other rights, such as the right to health or the right to
education.

Interdependence and Interrelatedness: Human rights are interdependent and

interrelated. Each one contributes to the realization of a person’s human dignity through
the satisfaction of his or her developmental, physical, psychological and spiritual needs.
The fulfillment of one right often depends, wholly or in part, upon the fulfillment of
others. For instance, fulfillment of the right to health may depend, in certain
circumstances, on fulfillment of the right to development, to education or to information.

STATE OBLIGATION ON HUMAN RIGHTS

All human rights—economic, civil, social, political and cultural—impose negative
as well as positive obligations on States, as is captured in the distinction between the
duties to respect, protect and fulfill.

They are considered to be the three levels of obligation

To respect a right means refraining from interfering with the enjoyment of the
right.
To protect the right means enacting laws that create mechanisms to prevent
violation of the right by state authorities or by non-state actors. This protection is to be
granted equally to all.
To fulfill the right means to take active steps to put in place institutions and
procedures including the allocation of resources to enable people to enjoy the right. A
rights-based approach develops the capacity of duty-bearers to meet their obligations
and encourages rights holders to claim their rights.

Resource implications of the obligations to respect and protect are generally less
significant than those of implementing the obligations to fulfill, for which more proactive
and resource-intensive measures may be required. Consequently, resource constraints
may not affect a State’s ability to respect and protect human rights to the same extent
as its ability to fulfill human rights.

THREE GENERATION OF HUMAN RIGHTS

First-generation human rights, sometimes called "blue" rights, deal essentially

with liberty and participation in political life. They are fundamentally civil and political in
nature: They serve negatively to protect the individual from excesses of the state. First-
generation rights include, among other things, the right to life, equality before the law,
freedom of speech, freedom of religion, property rights, the right to a fair trial, and voting
rights. Some of these rights and the right to due process date back to the Magna Carta
of 1215 and the Rights of Englishmen, which were expressed in the English Bill of
Rights in 1689. A more full set of first-generation human rights was pioneered in France
by the Declaration of the Rights of Man and of the Citizen in 1789, and by the United
States Bill of Rights in 1791.

They were enshrined at the global level and given status in international law first
by Articles 3 to 21 of the 1948 Universal Declaration of Human Rights and later in the
1966 International Covenant on Civil and Political Rights. In Europe, they were
enshrined in the European Convention on Human Rights in 1953.

Second-generation human rights are related to equality and began to be

recognized by governments after World War II. They are fundamentally economic,
social, and cultural in nature. They guarantee different members of the citizenry equal
conditions and treatment. Secondary rights would include a right to be employed in just
and favorable condition, rights to food, housing and health care, as well as social
security and unemployment benefits. Like first-generation rights, they were also covered
by the Universal Declaration of Human Rights, and further embodied in Articles 22 to 28
of the Universal Declaration, and the International Covenant on Economic, Social, and
Cultural Rights.

In the United States of America, President Franklin D. Roosevelt proposed a

Second Bill of Rights, covering much the same grounds, during his State of the Union
Address on January 11, 1944. Today, many nations, states, or groups of nations have
developed legally binding declarations guaranteeing comprehensive sets of human
rights, e.g. the European Social Charter.

Some states have enacted some of these economic rights, e.g. the state of New
York has enshrined the right to a free education, as well as "the right to organize and to
bargain collectively", and workers' compensation, in its constitutional law.
 These rights are sometimes referred to as "red" rights. They impose upon the
government the duty to respect and promote and fulfill them, but this depends on the
availability of resources. The duty is imposed on the state because it controls its own
resources. No one has the direct right to housing and right to education. (In South
Africa, for instance, the right is not, per se, to housing, but rather "to have access to
adequate housing", realized on a progressive basis.
The duty of government is in the realization of these positive rights.

Third-generation human rights are those rights that go beyond the mere civil and
social, as expressed in many progressive documents of international law, including the
1972 Stockholm Declaration of the United Nations Conference on the Human
Environment, the 1992 Rio Declaration on Environment and Development, and other
pieces of generally aspirational "soft law".

Also known as Solidarity human rights, they are rights that try to go beyond the
framework of individual rights to focus on collective concepts, such as community or
people. However, the term remains largely unofficial, just as the also-used moniker of
"green" rights, and thus houses an extremely broad spectrum of rights, including:
Group and collective rights
Right to self-determination
Right to economic and social development
Right to a healthy environment
Right to natural resources
Right to communicate and communication rights
Right to participation in cultural heritage
Rights to intergenerational equity and sustainability

The African Charter on Human and Peoples' Rights ensures many of those: the right
to self-determination, right to development, right to natural resources and right to
satisfactory environment. Some countries also have constitutional mechanisms for
safeguarding third-generation rights. For example, the Hungarian Parliamentary
Commissioner for Future Generations, the Parliament of Finland's Committee for the
Future, and the erstwhile Commission for Future Generations in the Knesset in Israel.

Some international organizations have offices for safeguarding such rights. An

example is the High Commissioner on National Minorities of the Organization for
Security and Co-operation in Europe. The Directorate-General for the Environment of
the European Commission has as its mission "protecting, preserving and improving the
environment for present and future generations, and promoting sustainable
development".

A few jurisdictions have enacted provisions for environmental protection, e.g. New
York's "forever wild" constitutional article, which is enforceable by action of the New
York State Attorney General or by any citizen ex rel. with the consent of the Appellate
Division.
 Several analysts claim that a fourth generation of human rights is emerging, which
would include rights that cannot be included in the third generation, future claims of first
and second generation rights and new rights, especially in relation to technological
development and information and communication technologies and cyberspace.

However, the content of it is not clear, and these analysts do not present a unique
proposal. They normally take some rights from the third generation and include them in
the fourth, such as the right to a healthy environment or aspects related to bioethics.
Some of those analysts believe that the fourth generation is given by human rights in
relation to new technologies, while others prefer to talk about digital rights, where a new
range of rights would be found, such as:
The right to exist digitally
The right to digital reputation
Right to digital identity

Others point out that the differentiating element would be that, while the first three
generations refer to the human being as a member of society, the rights of the fourth
would refer to the human being as a species.

.
 MODULE 2

CHAPTER 2
FREEDOM VERSUS HUMAN RIGHTS

Course Title: Human Rights Education

Course Code: CLJ 2

Name:
Course and Year:
Date and Time Allotment:

Introduction

Freedom is when you have no constraints to conduction your actions while human
rights can be defined as those rights without which human beings cannot live with
dignity, freedom (political, economic, social and cultural) and justice in any nation or
state regardless of color, place of birth, ethnicity, race, religion or sex or any other such
considerations.

I. Objectives:
In this module, you will:
1. Understand the importance, purposes, nature and scope of criminology as
a field interest
2. Understand criminology, crime, criminal law and other important concepts
in understanding criminology
 3. Trace the development of criminology by discussing the theories of crime
causation

II. Lecture and Discussions of the lesson/s

Freedom, generally, is having the ability to act or change without constraint.

Something is "free" if it can change easily and is not constrained in its present state.
In philosophy and religion, it is associated with having free will and being without undue
or unjust constraints, or enslavement, and is an idea closely related to the concept
of liberty. A person has the freedom to do things that will not, in theory or in practice, be
prevented by other forces. Outside of the human realm, freedom generally does not
have this political or psychological dimension. A rusty lock might be oiled so that the key
has the freedom to turn, undergrowth may be hacked away to give a newly planted
sapling freedom to grow, or a mathematician may study an equation having
many degrees of freedom. In physics or engineering, the mathematical concept may
also be applied to a body or system constrained by a set of equations, whose degrees
of freedom describe the number of independent motions that are allowed to it.

Freedom may also refer to:

Philosophy

 Academic freedom, the right to research, teach and communicate ideas or facts
 Autonomy, the capacity to make an informed, un-coerced decision
 Free will, the ability to choose between courses of action
 Civil liberties, personal guarantees and freedoms that government cannot
abridge without due process
 Freedom of assembly, the right to come together and collectively express ideas
 Freedom of association, the right to join or leave groups voluntarily
 Freedom of choice, autonomy to select and perform an action
 Freedom of speech, the freedom of an individual or community to articulate
opinions and ideas without fear
 Economic freedom, the ability of people of a society to take economic actions
 Liberty, the ability to do as one pleases
 Intellectual freedom, the freedom to hold, receive and disseminate ideas
without restriction
 Moral responsibility, the status of deserving praise or blame for an act or
omission

There are mainly nine types of Freedom. They are:

 Freedom of association
 Freedom of belief
 Freedom of speech
 Freedom to express oneself
 Freedom of the press
  Freedom to choose one's state in life
 Freedom of religion
 Freedom of bondage and slavery
 Freedom to bear arms
 However, the civil constitutions of each country have different definitions of the
freedoms allowed to the citizens. It has been argued that any law limits freedom,
since it sets limits on what people may do.

The UN defined human rights as those rights which are inherent in our state of
nature and without which we cannot live as human beings. Human rights belong to
every person and do not depend on the specifics of the individual or the relationship
between the right-holder and the right guarantor. Human rights are the rights that
everyone has equally by virtue of their humanity. It is grounded in an appeal to our
human nature.

How do we know which rights are recognized as human rights?

While it is legitimate to draw on philosophical arguments or activist agendas to claim

any global social issue as a human right, it is also useful to identify which rights are
officially recognized as such. The most reliable source of the core content of
international human rights is found in the International Bill of Human Rights, which
enumerates approximately fifty normative propositions on which additional human rights
documents have built. Scores of regional and UN treaties have expanded the scope of
recognized human rights, including in specialized areas such as protection of victims of
armed conflict, workers, refugees and displaced persons, and persons with disabilities.
The International Bill of Human Rights enumerates five group rights, twenty-four civil
and political rights (CPR), and fourteen economic, social and cultural rights (ESCR). It
also sets out seven principles that explain how the rights should be applied and
interpreted.

The group rights listed in the International Bill of Human Rights include two rights
of peoples (self-determination and permanent sovereignty over natural resources) and
three rights of ethnic, religious and linguistic minorities (namely, the rights to enjoy one’s
own culture, to practice one’s own religion, and to use one’s language).

Group Rights
1. Right to self-determination
2. Permanent sovereignty over natural resources
 3. Right to enjoy one’s culture
4. Right to practice one’s religion
5. Right to speak one’s language

The civil and political rights include five relating to physical integrity (rights to life;
freedom from torture; freedom from slavery; freedom from arbitrary arrest or detention;
and the right to humane treatment under detention). Five other rights relate to the
individual’s autonomy of thought and action (namely, freedom of movement and
residence; prohibition of expulsion of aliens; freedom of thought, conscience and
religious belief; freedom of expression; and the right to privacy). Another four rights
concern the administration of justice (no imprisonment for debt; fair trial—for which 16
additional rights are enumerated—;the right to personhood under the law; and the right
to equality before the law). Six other civil & political rights relate to participation in civil
society (freedom of assembly; freedom of association; the right to marry and found a
family; rights of children; the right to practice a religion; and—as an exception to free
speech—the prohibition of war propaganda and hate speech constituting incitement).
The final sub-set of these rights is the four relating to political participation (namely, the
right to hold public office; to vote in free elections; to be elected to office; and to equal
access to public service).

Civil and Political Rights (CPR)

1. Right to life
2. Freedom from torture
3. Freedom from slavery
4. Freedom from arbitrary arrest/detention
5. Right to humane treatment in detention
6. Freedom of movement and residence
7. Prohibition of expulsion of aliens
8. Freedom of thought, conscience, and religious belief
9. Freedom of expression
10. Right to privacy
11. Non-imprisonment for debt
12. Fair trial
13. Right to personhood under the law
14. Equality before the law
15. Freedom of assembly
16. Freedom of association
17. Right to marry and found a family
18. Rights of children
19. Right to practice a religion
20. Prohibition of war propaganda and hate speech constituting incitement
21. Right to hold office
22. Right to vote in free elections
23. Right to be elected to office
24. Equal access to public service
 The economic, social and cultural rights reaffirmed in the International Bill of
Human Rights include four workers’ rights (the right to gain a living by work freely
chosen and accepted; the right to just and favorable conditions of work; the right to form
and join trade unions; and the right to strike). Four others concern social protection
(social security; assistance to the family, mothers and children; adequate standard of
living, including food, clothing and housing; and the highest attainable level of physical
and mental health). The remaining rights are the six concerning education and culture
(the right to education directed towards the full development of the human personality;
free and compulsory primary education; availability of other levels of education;
participation in cultural life; protection of moral and material rights of creators and
transmitters of culture, and the right to enjoy the benefits of scientific progress).

Economic, Social, and Cultural Rights (ESCR)

1. Right to gain a living by work freely chosen and accepted
2. Right to just and favorable work conditions
3. Right to form and join trade unions
4. Right to strike
5. Social security
6. Assistance to the family, mothers, and children
7. Adequate standard of living (including food, clothing, and housing)
8. Right to the highest attainable standard of physical and mental health
9. Right to education towards the full development of human personality
10. Free and compulsory primary education
11. Availability of other levels of education
12. Participation in cultural life
13. Protection of moral and material rights of creators and transmitters of culture
14. Right to enjoy the benefits of scientific progress

MODULE 3

CHAPTER 3
THE STATE/GOVERNMENT, ITS POLICE POWER, AND HUMAN RIGHTS

Course Title: Human Rights Education

Course Code: CLJ 2

Name:
Course and Year:
Date and Time Allotment:

Introduction
States have the legal obligation to protect and promote human rights, including the
right to social security, and ensure that people can realize their rights without
discrimination. The Police Officers must promote and protect human rights because this
task lies at the very core of maintaining peace and order, ensuring public safety, and
upholding the rule of law in the country.

Objectives:
In this module, you will:
Understand the human rights in United States
Understand how the police power related to human rights
Understand the police power and human rights equation

II. Lecture and Discussions of the lesson/s

Human rights in the United States comprise a series of rights which are legally
protected by the Constitution of the United States (particularly the Bill of Rights), state
constitutions, treaty and customary international law, legislation enacted by Congress
and state legislatures, and state referenda and citizen's initiatives. The Federal
Government has, through a ratified constitution, guaranteed unalienable rights to its
citizens and (to some degree) non-citizens. These rights have evolved over time
through constitutional amendments, legislation, and judicial precedent. Along with the
rights themselves, the portion of the population granted these rights have expanded
over time. Within the United States, federal courts have jurisdiction over international
human rights laws.

The United States is generally given high to fair marks on human rights. The
Freedom in the World index (whose publisher Freedom House receives substantial
funding from the US government), for example, lists the United States in the highest
category for human freedom in civil and political rights, with 86 out of 100 points, and
The CIRI Human Rights Data Project places the US 38th overall in human rights. The
United States also has a high degree of press freedom, with the 2017 Freedom of the
Press report by Freedom House labeling the level of press freedom in the United States
as "free" and ranking it 33rd (tied with Slovenia) out of the 199 countries analyzed.

Despite the fair to high rankings in reports on human rights, the United States
also receives significant international criticism for its human rights record. Criticisms
include lower labor protections than most western countries,[15] imprisonment of
debtors, criminalization of homelessness and poverty, invasion of its citizens' privacy
through mass surveillance programs, police brutality, police impunity and corruption,
incarceration of citizens for profit, mistreatment of prisoners, the highest number of
juveniles in the prison system of any country, some of the longest prison sentences in
the world, continued use of the death penalty despite its abolition in nearly all other
western countries, abuse of both legal and illegal immigrants (including
children)facilitating state terrorism, a health care system favoring profit via privatization
over the wellbeing of citizens, the lack of a universal health care program unlike most
other developed countries, one of the most expensive and worst-performing health care
systems of any developed country, continued support for foreign dictators (even when
genocide has been committed), forced disappearances, extraordinary renditions,
extrajudicial detentions, the torture of prisoners at Guantanamo Bay and black sites,
and extrajudicial targeted killings.

A police officer is a Law Enforcement Official and according to Article 1 of the

United Nations.

Code of Conduct for Law Enforcement Officials:

“Law enforcement officials shall at all-time fulfill the duty imposed upon 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.”

This means that police officers should at all-time respect and protects the law.
Not only local or domestic legislation but also internationally accepted standards and
practices. All police officers should respect the human rights of all suspects, besides
that they should also protect the human rights of every person, for example, against
abuse by other officials. This is also applicable during the election period.

All human beings have basic human rights, regardless of their age, sex, ability or
disability, social or economic background, political opinion or ethnic and religious
background. These rights have to be respected and protected, without discriminating
against any group or individuals.

Discrimination refers to the unfair, unequal or prejudicial treatment of individuals

or groups, for example on the basis of their age, sex, ethnic background or
ability/disability. All citizens have equal rights and must be treated equally in front of the
law. Ensuring equality and non-discrimination may at times mean treating people
differently in order to ensure that they are able to exercise their rights, for example
assisting people with disabilities (PWD) in accessing services, or ensuring elderly
people or pregnant women are not exposed to strenuous situations (e.g. queuing for
hours at a ballot box)

Police officers are in a very unique position. They work with people who break
the law and abuse other people’s human rights. During election time even more so
where different opposition parties try to undermine each other and try to stop each other
from having meetings, rallies, marches where they express their rights to freely express
themselves or associate with their own political parties. During this period police officers
have to be even more vigilant not to be seen to side with one group or political party.
Police officers must therefore not only be impartial but must also be seen to be
impartial. In the context of elections, they need to ensure citizens are able to
vote/participate otherwise in political processes, free from discrimination, verbal or
physical abuse, harassment, and violence, including of a sexual or gendered nature.

When police deal with members of the public especially if these people are
suspects police have a very important responsibility to respect, protect and promote the
basic human rights of every person. Unfortunately police officers are not only in the
position to respect and protect human rights, but also to abuse the human rights of
people. It is therefore very important for police officers to know and understand their role
in respecting and protecting human rights. Police officers should not only know the
human rights of suspects or people in detention, but should also know how to apply
these rights, and should also know how to protect and respect these rights against
abuse by others, including violations of rights by other police officers

Another aspect of human rights that is equally important for police agencies is
the fact that police officers are also human beings, and therefore also have basic
human rights that should also be respected and protected. An example would be the
right of police officers to have good working conditions. This also includes the right of all
officers to be treated with respect and without discrimination regardless of rank;
position; age; sex; social, religious or ethnic background and ability/disability.

Police services also need to be provided in a way that is in line with regulations
and enables people with particular needs to access these. For example, cases of sexual
and gender-based violence (SGBV) and child abuse (CA) need to be handled in an
environment which guarantees confidentiality, while for example elderly and persons
with disabilities may not be able to access offices if lengthy staircases are involved

Police officers also have to respect and protect the rights of victims and
vulnerable groups in society. They are there to protect and serve the community they
work in. In the context of elections, particular groups may be faced with particular needs
and vulnerabilities or threats which police officers need to be aware of and, where
necessary and mandated to do so, respond to. These can for example be women,
elderly or people with disabilities whose democratic right to vote is being obstructed;
young men who are pressured to join political party youth groups; female candidates
who are subjected to verbal and physical abuse, or threats thereof; people with
albinism, children or vulnerable men/women who are targeted due to alleged witchcraft
practices; people who are sexually harassed be it at campaign rallies or during voting;
real or suspected supporters of one party who are attacked or threatened by another
party’s supporters or uninvolved persons caught in tensions or violence between
supporters of opposing parties.

Police officers can be seen as the first line of protection of human rights. These
rights cannot be taken away arbitrarily and without legal justification. In certain
instances, for example when a person breaks the law and commits a crime some
human rights may be limited by police officers, by for example arrest, detention, use of
force, searches, to name a few. When these rights are limited there are important
issues that have to be taken into account. Limitations should be necessary, they should
be legal, justifiable and proportional, police officers’ behavior should also be ethical, and
it is also important to realize that the police officers may be held accountable for their
actions. Police officers should know and understand the rights of every person in
society. The reason for this is that police officers should be able to understand, respect
and protect the human rights of every person that they deal with or who is under their
control or in their custody or care. When they limit the rights of suspected criminals they
should be able to understand how they should apply the human rights principles and
under what circumstances they may be able to limit rights.

POLICE POWER AND HUMAN RIGHTS EQUATION

When a crime of murder is prevented by the police, that lucky individual’s right to
life has been preserved and protected; when the police foils a stealing, or a robbery or
an armed robbery attempt, the right to the personal dignity and the right to property of
that person have been preserved and protected; when the police guide protesters on
their match, it preserves their rights to freely associate and express opinion; or in
extreme case refuses the march based on intelligence reports that something untoward
might overtake the peaceful protest and cause a breach of public peace, it does so to
preserve law and order and to guarantee the rights of other persons in the society.

MODULE 4

CHAPTER 4
STATE AND NON-STATE ACTORS ON HUMAN RIGHTS

Course Title: Human Rights Education

Course Code: CLJ 2

Name:
Course and Year:
Date and Time Allotment:
Introduction

Objectives:
In this module, you will:
Understand the difference between the state actors and non-state actors
Understand the important role of non-state actors

II. Lecture and Discussions of the lesson/s

In United States law, a state actor is a person who is acting on behalf of a

governmental body, and is therefore subject to regulation under the United States Bill of
Rights, including the First, Fifth, and Fourteenth Amendments, which prohibit the federal
and state governments from violating certain rights and freedoms.
Though the term would seem to include only persons who are directly employed
by the state, the United States Supreme Court has interpreted these amendments and
laws passed pursuant to them to cover many persons who have only an indirect
relationship with the government. Controversies have arisen, for example, over whether
private companies that run towns (the "company-town") and prisons (traditionally a state
function) can be held liable as state actors when they violate fundamental civil rights.
This question remains unresolved, but the Supreme Court has held private citizens to
be liable as state actors when they conspire with government officials to deprive people
of their rights.
Non-state actors (NSAs) play an increasingly important role in the global
promotion and local implementation of human rights standards. Among NSAs, three
groups are of particular note: (l) non-governmenta1 organizations (NGOs) claiming to
advance human rights using research, advocacy or education, (2) Corporations
engaged in transnational commercial activities, and (3) armed groups. Traditionally,
NSAs have been viewed as secondary to states, which were considered as sovereign
duty bearers in the area of human rights. More recently, research has focused on the
increasing number of cases of NSAs shaping human rights outcomes alongside states,
in particular in the areas of the global economy, international criminal law and the
diffusion of human rights norms across the humanitarian and development sectors.
NSAs are increasingly playing the role of primary actors in the human rights area,
although this role has yet to be fully recognized in academic research.
The Chapter begins by defining the three different types of NSA: NGOs,
corporations and armed groups. Agreement on basic features of these actors is difficult
to establish but crucial for understanding and defining their role in the human rights
area. The following section traces the parallels between the post- World War II
expansion of the global human rights discourse and the increasing visibility of NSA.
Although these two trends have at times reinforced each other, the expanding role of
NSAs has generally complex and ambiguous effects on human rights protection. The
main sections covering research on each type of NSA provide then a comprehensive
overview of their role in human rights promotion. These sections focus attention on
areas of agreement as well as competing scholarly claims and their respective empirical
and normative bases.
 NSAs play important roles in identifying human rights problems, establishing
international treaties and domestic legislation and in shaping human rights out- comes.
They are both subjects and objects of the increasing human rights activism across the
world. Scholarly research focuses much attention on the empirical conditions under
which such actors affect human rights, but also on normative questions regarding the
desirability of expanding the role of NSAs in the human rights area. While human rights
NGOs have for decades focused on mobilizing for human rights and targeted states in
these efforts, the increasingly limited role of state governments has pushed NSAs into a
much more direct role in shaping human rights outcomes. Multinational corporations
(MNCs) have today much greater control over factory floors and suppliers, while major
development NGOs steadily increase their role by shaping the lives of millions in poor
countries. NSAs’ increasing direct control over the rights enjoyed by individuals around
the world directly competes today with the state’s claim to sovereignty over territory and
population.

DEFINING NSAs AND THEIR IMPACT ON HUMAN RIGHTS

The term ‘non-state actor’ is widely used to refer to an organization not controlled
by governments. This negative definition hampers research and accumulation of
knowledge because it perpetuates ambiguities about which actors to include and how to
classify them. While some would include intergovernmental organizations (IGOs), such
as the United Nations or the International Criminal Court (ICC) in the category of NSA,
this review focuses on those groups not created by states, that is, NGOs. In addition,
the main focus is on those organizations with regular transnational interactions reaching
beyond national borders.
NGOs and Advocacy Networks
NGOs and activist networks are typically distinguished by their not-for-profit
status, their principled defense of the ‘common good’, and their non-violence. While
many NGOs are dependent on government funding and the vast majorities have only
limited international operations, this type of NSA represents a distinct category and has
a significant collective human rights impact across the world. NGOS are claimed to
represent key nodes of ‘transnational advocacy networks’ whose membership may also
extend to individuals in IGOs, state governments or elsewhere. Networks constitute an
alternative form of social organizing that have received much attention across many
disciplines as scholars explore whether networks are capable of delivering better results
than markets or hierarchies.
MULTINATIONAL CORPORATIONS
Multinational corporations or transnational companies are defined as businesses
with branches or subsidiaries outside of their home country. Similar to the NGO sector,
much of the post-World War II growth among MNCs has been concentrated in the
developed world, although rising wealth in middle-income nations is rapidly shifting this
balance. Attention to the human rights impact of MNCs has risen due to the expansion
of transnational economic activities and the loss of government control resulting from
the deregulation of markets.
Armed Groups
NSAs using violence are often called ‘non-legitimate’ and include two main
types: (1) primarily criminal organizations motivated by financial gain and engaged in
trafficking of drugs, weapons and humans, and (2) violent groups professing political
motives, variously called rebels, insurgents or belligerents. Since the end of the Cold
War, this distinction has been fading away, while the importance of such groups in
shaping human rights outcomes continues to increase. Although the 11 September
2001 terrorist attacks have shifted public attention to the second type of politically
motivated non-state violence, criminal violence is by far deadlier and more
consequential in human rights terms than all armed conflicts combined. The Small Arms
Survey blames criminal violence for about 250,000 annual deaths in the 2004-2007 time
periods, compared to 52,000 deaths caused by domestic and international conflicts.
ROLE OF NON-STATE ACTORS
Non-state actors can aid in opinion building in international affairs, such as the
Human Rights Council. Formal international organizations may also rely on non-state
actors, particularly NGOs in the form of implementing partners in the national context.
An example is the contribution of COHRE (Centre on Housing Rights and Evictions), to
the protection of land and property (HLP) rights in Kosovo by conceptualizing the
Housing and Property Directorate (now Kosovo Property Agency) within the framework
of the United Nations Interim Administration Mission in Kosovo.
Non-state actors are fundamental agents in helping to achieve both national and
international development goals, such as those around climate change. Actions by non-
state actors contribute significantly towards filling the greenhouse gas emissions gap
left by unambitious or poorly executed national climate policies, Intended Nationally
Determined Contributions (INDCs).
Another example that shows the importance of non-state actors in peace-building
is the contribution of ICBL (International Campaign to Ban Landmines) to the
international prohibition on the use of landmines. ICBL is a global network of NGOs that
has operated in over 90 countries since 1992. Its primary goal is to make a world free of
anti-personnel landmines. Their passionate advertising appealing for global cooperation
drew Diana, Princess of Wales to become an ardent advocate. Together, they brought
the issue to the United Nations General Assembly. ICBL's efforts led the international
community to urge states to ratify the Ottawa Treaty (Mine Ban Treaty) in 1997, and its
contribution was recognized and praised as it was awarded the Nobel Peace Prize in
the same year.
 MODULE 5

CHAPTER 5
UNIVERSAL DECLARATION OF HUMAN RIGHTS

Course Title: Human Rights Education

Course Code: CLJ 2

Name:
Course and Year:
Date and Time Allotment:

Introduction

Objectives:
In this module, you will:
Understand the Universal Declaration of Human Rights
Understand the content of the UDHR
Understand the basic rights and fundamental freedoms of an individual.

II. Lecture and Discussions of the lesson/s

The Universal Declaration of Human Rights (UDHR) is a document adopted

by the United Nations General Assembly that enshrines the rights and freedoms of all
human beings. It was accepted by the General Assembly as Resolution 217 at its third
session on 10 December 1948 at the Palais de Chaillot in Paris, France. Of the 58
members of the United Nations at the time, 48 voted in favor, none against, eight
abstained, and two did not vote.

Considered a foundational text in international human rights law, the Declaration

consists of 30 articles detailing an individual's "basic rights and fundamental freedoms"
and affirming their universal character as inherent, inalienable, and applicable to all
human beings. The UDHR commits nations to recognize all humans as being "born free
and equal in dignity and rights" regardless of "nationality, place of residence, gender,
national or ethnic origin, color, religion, language, or any other status". The Declaration
is considered a "milestone document" for its "universalist language", which makes no
reference to a particular culture, political system, or religion. It directly inspired the
development of human rights law, and was the first step in the formulation of the
International Bill of Human Rights, which was completed in 1966 and came into force in
1976.

Although not legally binding, the contents of the UDHR have been elaborated or
incorporated into subsequent international treaties, regional human rights instruments,
and national constitutions and legal codes. All 193 member states of the United Nations
have ratified at least one of the nine treaties influenced by the Declaration, with the vast
majority ratifying four or more. Some legal scholars have argued that because countries
have consistently invoked the Declaration for more than 50 years, it has become
binding as a part of customary international law. However, courts in some nations have
concluded that the Declaration is not in and of itself part of domestic law. With 524
translations, the UDHR is the most translated document in history.

STRUCTURE AND CONTENT

The underlying structure of the Universal Declaration was introduced in its
second draft, which was prepared by French jurist René Cassin, who worked from a first
draft prepared by Canadian legal scholar John Peters Humphrey. The structure was
influenced by the Code Napoléon, including a preamble and introductory general
principles. Cassin compared the Declaration to the portico of a Greek temple, with a
foundation, steps, four columns, and a pediment.
The Declaration consists of a preamble and thirty articles:

The preamble sets out the historical and social causes that led to the necessity of
drafting the Declaration.

Articles 1–2 established the basic concepts of dignity, liberty, and equality.

Articles 3–5 established other individual rights, such as the right to life and the
prohibition of slavery and torture.

Articles 6–11 refer to the fundamental legality of human rights with specific remedies
cited for their defense when violated.

Articles 12–17 established the rights of the individual towards the community
(including such things as freedom of movement).

Articles 18–21 sanctioned the so-called "constitutional liberties", and with spiritual,
public, and political freedoms, such as freedom of thought, opinion, religion and
conscience, word, and peaceful association of the individual.

Articles 22–27 sanctioned an individual's economic, social and cultural rights,

including healthcare. Article 25 states: "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." It also makes
additional accommodations for security in case of physical debilitation or disability,
and makes special mention of care given to those in motherhood or childhood.

Articles 28–30 established the general ways of using these rights, the areas in which
these rights of the individual cannot be applied, and that they cannot be overcome
against the individual.

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, 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, color, 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 is 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 defense.
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, or to attacks upon his honor 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

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

Everyone has the right to own property alone as well as in association with
others.
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
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
favorable 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 favorable 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, and 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.

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.
 MODULE 6

CHAPTER 6
HUMAN RIGHTS LEGAL FRAMEWORK IN THE PHILIPPINES

Course Title: Human Rights Education

Course Code: CLJ 2

Name:
Course and Year:
Date and Time Allotment:

Introduction

Objectives:
In this module, you will:
Understand the Human Rights in the Philippines
Understand what Labor Code is

II. Lecture and Discussions of the lesson/s

Human right in the Philippines pertains to the concept, practice of human rights
within the Philippine archipelago. The concept of "human rights," in the context of the
Philippines, pertains mainly (but is not limited) to the civil and political rights of a person
living in the Philippines by reason of the 1987 Philippines Constitution. Human rights are
a justified set of claims that set moral standards to members of the human race, not
exclusive to a specific community or citizenship. Membership in the human race is the
sole qualification to obtain these rights. Human rights, unlike area-specific conventions
of international laws (e.g. European Convention on Human Rights and International
Covenant on Civil and Political Rights and on Economic, Social and Cultural Rights),are
universally justifiable as it pertains to the entire human race, regardless of geographical
location.
 The Philippines is a signatory to the Universal Declaration of Human Rights
(UDHR) drafted by the United Nations (UN) in the 1948. The Universal Declaration of
Human Rights was adopted, alongside the Genocide Convention and the Convention
on the Elimination of All Forms of Racial Discrimination, by the United Nations in
response to the tragic and horrendous violations of human rights during the Second
World War. The United Nations Charter, a treaty, was created in order to define what
roles, powers, and duties the United Nations is allowed to practice in dealing with
international relations. Article I of the UN Charter states that the UN aims:

"To achieve international co-operation in solving international problems of an

economic, social, cultural, or humanitarian character, and in promoting and encouraging
respect for human rights and for fundamental freedoms for all without distinction as to
race, sex, language, or religion”

According to the Charter, the jurisdiction of the United Nations is to provide

cooperation among the nations, and not act as an international government. The UN
Charter paved the way for the drafting of the UDHR. The UDHR aims to promote
"universal respect for, and the observance of, human rights." Thus, the UDHR is merely
a declaration for each signatory to adopt to its own political system. The significance of
the UDHR as stated in its Preamble is:

"Whereas a common understanding of these rights and freedoms is the greatest

importance for the full realization of this pledge”

As a signatory to the UDHR, the Philippines then declares an understanding and

adherence of these fundamental and inalienable rights to its population. The Philippines
has adhered to the UDHR through the Bill of Rights, and continued to create laws and
policies that cater to a specific sector, like the Labor Code and the Indigenous Peoples'
Rights.

PRACTICES OF HUMAN RIGHTS

TORTURE
As of 2017, numerous sources had reported that torture was being practiced by
police and other security forces.

LABOR CODE
Prior to the Marcos Martial Law Era in the Philippines, all labor laws were not
codified. President Marcos tasked a committee from the then-called Department of
Labor (now the Department of Labor and Employment or DOLE) to consolidate all the
existing labor laws of the Philippines. The committee was composed of: Amado G.
Inciong, the then Undersecretary of Labor, acting as the chairman of the committee,
Director Ricardo Castro, the head of the subcommittee on Labor Relations, Director
Diego Atienza, the head of the subcommittee on Labor Standards, and Director Rony
Diaz, the head of the subcommittee on Employment and Training. The result was
Presidential Decree No. 442 ("PD 442") or "A Decree Instituting the Labor Code and
Consolidating Labor and Social Laws to Afford Protection to Labor, Promote
Employment and Human Resources Development and Insure the Industrial Peace
Based on Social Justice," otherwise known as the "Labor Code of the Philippines". The
consolidation was finished on May 1, 1974 and took effect on November 1, 1974.
The Labor Code is the legal code governing employment practices and labor
relations in the Philippines. The Labor Code stipulates standards in terms of wages and
monetary benefits, hours of work, leaves, rest days, holiday pays, and benefits, among
others.

WAGES AND MONETARY BENEFITS

Minimum Wage

Remunerations or earnings paid by an employer to an employee for service

rendered are called wages. Article 99 of the Labor Code of the Philippines
stipulates that an employer may go over but never below minimum wage.
Paying below the minimum wage is illegal. The Regional Tripartite Wages
and Productivity Boards is the body that sets the amount for the minimum
wage. As in the case of the Philippines, the minimum wage of a worker
depends on where he works.

Thirteenth Month Pay

According to Presidential Decree No. 851, an employer is mandated by law

to give his employees thirteenth month pay. The thirteenth month pay
required by law should not be less than one twelfth of the total basic salary
earned by an employee within a calendar year. The thirteenth month pay is
exempted from being taxed by the government. The photo below is from the
Department of Labor and Employment which shows the computation of a
hypothetical thirteenth month pay.

Retirement Pay

Article 287 of the Philippine Labor Code states that, the retiring age of an
employee is sixty (60) years or more but not beyond sixty-five (65) years.
The retiring employee who has served at least five (5) years in the said
establishment shall be entitled to retirement pay equivalent to at least one-
half (1/2) month salary for every year of service, a fraction of at least six
months being considered as one whole year. "The term 'one-half month
salary' shall mean fifteen (15) days plus one twelfth (1/12) of the thirteenth
month pay and the cash equivalent of not more than five (5) days of service
incentive leaves.”
HOURS OF WORK

Normal Hours of Work

Article 83 and 84 of the Philippine Labor Code, the normal hours of work of
an employee shall not exceed eight (8) hours a day. Hours worked shall
include all time that an employee is required to be in the workplace and all
time during which an employee is permitted to work. Short breaks during
working hours shall be counted as hours worked.

Overtime Work

Article 87 of the Philippine Labor Code states that any work that exceeds
eight (8) hours is considered overtime work. This is legal provided that the
employee is paid for the overtime work. The computation for the wage is his
regular wage plus at least twenty-five percent (25%) of his hourly wage.
Work performed beyond eight hours on a holiday or rest day shall be paid an
additional compensation equivalent to the rate of the first eight hours on a
holiday or rest day plus at least thirty percent (30%) thereof.

Night Shift Differential

Article 86 of the Philippine Labor Code explains that the night shift is
between ten o'clock in the evening and six o'clock in the morning. A night
shift differential is payment of not less than ten percent (10%) of the regular
hourly wage of an employee for each hour of work performed during this time
period.

REST DAYS

Weekly Rest Day

An employer is required to provide each of his employees a rest period of not

less than twenty-four (24) consecutive hours after every six (6) consecutive
normal work days, as stated in Article 91 of the Philippine Labor Code. The
employer shall determine and schedule the weekly rest day of his
employees. He must respect the preference of employees as to their weekly
rest day when such preference is based on religious grounds.

If an employer requires his employee to work on his scheduled rest day, he

shall be paid an additional compensation of at least thirty percent (30%) of
his regular wage.
 If the employee has no regular work days or rest days, and he is required by
his employer to work on a Sunday and on a holiday, he shall be paid an
additional compensation of at least thirty percent (30%) of his regular wage.

HOLIDAY PAY

Special Non-Working Holiday Pay

If an employee works on August 21, Ninoy Aquino Day, November 1, All

Saints Day, and/or December 31, Last Day of the year, his wage will be:

for first eight (8) hours of work – plus thirty percent (30%) of the daily rate

for excess of eight (8) hours of work – plus thirty percent (30%) of hourly
rate on said day

If an employee works on August 21, Ninoy Aquino Day, November 1, All

Saints Day, and/or December 31, Last Day of the Year and it falls under his
rest day, his wage will be

for the first eight (8) hours of work – plus fifty percent (50%) of the daily
rate

excess of eight (8) hours of work – plus thirty percent (30%) of hourly rate
on said day

Regular Holiday Pay

Article 93 and 94 of the Philippine Labor Code states that a worker shall be
paid his regular daily wage during regular holidays whether or not the
employee goes to work. The employer can require an employee to work on
any holiday but the employee must be paid an amount double his regular
wage.

If the holiday falls under the employee's rest day, and he decides to work, his
wage for the first eight (8) hours of his work will be doubled. If he works for
more than eight (8) hours, then thirty percent (30%) of his hourly rate will be
added to his wage for that day.

The regular holidays according to EO 292 as amended by RA 9849 are as

follows:

New Year – January 1

Maundy Thursday – Movable Date

 Good Friday – Movable Date

Araw ng Kagitingan – April 9

Labor Day – 1 May

Independence Day – June 12

National Heroes Day – Last Monday of August

Bonifacio Day – November 30

Eid'l Fitr – Movable Date

Eid'l Adha – Movable Date

Christmas Day – December 25

Rizal Day – December 30

LEAVE

Service Incentive Leave

Article 95 of the Philippine Labor Code states that if an employee has given
at least one (1) year of service, he shall be entitled to a yearly service
incentive leave of five (5) days with pay.

Paternity Leave

The paternity leave is not found in the Labor Code. The basis for the
paternity leave is Republic Act No. 8187, otherwise known as the "Paternity
Leave Act of 1996". RA 8187 states that a married male employee is allowed
to take 7 days off work with full pay for the first four deliveries.

Maternity Leave

Republic Act No. 7322 states that a pregnant employee who has paid at least
three monthly maternity contributions to the Social Security System in the
twelve-month period preceding the semester of her childbirth, abortion or
miscarriage and who is currently employed shall be paid a daily maternity
benefit equivalent to one hundred percent (100%) of her present basic
salary, allowances and other benefits or the cash equivalent of such benefits
for sixty (60) for normal delivery a seventy-eight (78) for caesarian delivery.
 The maternity leave can be extended without pay if any illness medically
certified is to come as a result of the pregnancy, delivery, abortion, or
miscarriage which leaves the women unfit to work.

As with the paternity leave, the maternity leave is only valid for the first four
deliveries.

EMPLOYMENT OF WOMEN

Facilities for Women

Article 132 of the Labor Code of the Philippines requires employers to:

Provide seats proper for women and let them use these seats when they
are free from work or during work hours provided that they can perform
their duties in this position without sacrificing efficiency.

Establish separate toilet rooms for men and women and provide at least
a dressing room for women.

Establish a nursery in a workplace for the benefit of women employees.

Determine appropriate minimum age and other standards for retirement

or termination in special occupations such as those of flight attendants
and the like.

Discrimination

Article 134 of the Labor Code of the Philippines states that a woman cannot
be paid a lesser compensation than a man for work of equal value.

Favoring a male employee over a female employee with regard to promotion,

training opportunities, study, and scholarship grants based on only their
sexes is also illegal.

Prohibited Acts

Based on Article 137 the employer is not allowed to:

Deprive any woman employee of any of the benefits mentioned above

and in Articles 130–136 of the Labor Code or to terminate any woman
employee for the purpose of stopping her from enjoying said benefits.

Terminate a woman because of her pregnancy while on leave or in

confinement due to it.
 Discharge or refuse the admission of such woman from returning to her
work for fear that she may again be pregnant.

EMPLOYMENT AND TERMINATION

Security of Tenure

Article 279 of the Labor code discusses that if an employee is already a

regular employee, the employer cannot terminate his services without just
cause and due process. An employee unjustly dismissed from work can
return to it without any losses of benefits, privileges, and allowances from the
time he was unjustly dismissed to the time of his actual return.

Regular and Casual Employment

An employee will be considered a regular employee if he has been able to

performs tasks that are necessary in the business or trade of the employer,
except when the employee was hired for a specific project and its completion
also signifies the employee's termination and if the nature of work or services
is seasonal and the employment is for the duration of the season. The
employment is said to be casual if his nature of work has not been covered
by the aforementioned sentences. After a year of rendering service, whether
continuous or not, an employee shall be deemed regular, as stated by Article
280 of the Philippine Labor Code.

Probationary Employment

Article 281 of the Labor Code states that probationary employment should
not go over six (6) months unless it is under an apprenticeship agreement
stipulating a longer period. An employee who continues to work after the
probationary period will be considered a regular employee. A probationary
employee may be discharged for a just cause or when he fails to qualify as a
regular employee.

BENEFITS

Social Security Benefits

 According to RA 1161, as amended by RA 8282, "The Social Security
Program provides a package of benefits in the event of death, disability,
sickness, maternity, and old age. Basically, the Social Security System (SSS)
provides for a replacement of income lost on account of the aforementioned
contingencies." A worker, whether regular or casually employed is entitled to
these benefits.

Phil Health Benefits

According to RA 7875, as amended by RA 9241, "The National Health

Insurance Program (NHIP), formerly known as Medicare, is a health
insurance program for SSS members and their dependents whereby the
healthy subsidize the sick who may find themselves in need of financial
assistance when they get hospitalized." Employees of the public and private
sector are covered by these benefits.

MODULE 7

CHAPTER 7
BILL OF RIGHTS AND CONSTITUTIONAL RIGHTS

Course Title: Human Rights Education

Course Code: CLJ 2

Name:
Course and Year:
Date and Time Allotment:

Introduction

Objectives:
In this module, you will:
Understand what the constitutional rights of the Philippines
Understand the Bill of Rights of the Philippines

II. Lecture and Discussions of the lesson/s

The Constitution of the Philippines (Filipino: Saligang Batas ng Pilipinas or

Konstitusyon ng Pilipinas, Spanish: Constitución de la República de Filipinas) is the
constitution or supreme law of the Republic of the Philippines. Its final draft was
completed by the Constitutional Commission on October 12, 1986 and was ratified by a
nationwide plebiscite on February 2, 1987.
 Three other constitutions have effectively governed the country in its history: the
1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom
Constitution.
The earliest constitution establishing a "Philippine Republic", the 1899 Malolos
Constitution, was never fully implemented throughout the Philippines and did not
establish a state that was internationally recognized, due in great part to the eruption of
the Philippine–American War following its adoption.

Background of the 1987 Constitution

Ruling by decree during the early months of her tenure as a president installed
via the People Power Revolution, President Corazon Aquino was granted three options:
restore the 1935 Constitution, retain and make reforms to the 1973 Constitution, or pass
a new constitution. She decided to draft a new constitution and issued Proclamation No.
3 on March 25, 1986, abrogating many of the provisions of the 1973 Constitution
adopted during the Marcos regime, including the unicameral legislature (the Batasang
Pambansa), the office of Prime Minister, and provisions which gave the President
legislative powers. Often called the "Freedom Constitution", ] this constitution was
intended as a transitional constitution to ensure democracy and the freedom of the
people. The Freedom Constitution provided for an orderly transfer of power while a
Constitutional Commission was drafting a permanent constitution.
The Constitutional Commission was composed of forty-eight members appointed
by Aquino from varied backgrounds, including several former members of the House of
Representatives, former justices of the Supreme Court, a Roman Catholic bishop, and
political activists against the Marcos regime. The Commission elected Cecilia Muñoz-
Palma, a former Associate Justice of the Supreme Court, as its president. Several
issues were of particular contention during the Commission's sessions, including the
form of government to adopt, the abolition of the death penalty, the retention of U.S.
bases in Clark and Subic, and the integration of economic policies into the constitution.
Lino Brocka, a film director and political activist who was a member of the Commission,
walked out before the constitution's completion, and two other delegates dissented from
the final draft. The Commission finished the final draft on October 12, 1986 and
presented it to Aquino on October 15. The constitution was ratified by a nationwide
plebiscite on February 8, 1987.
The constitution provided for three governmental powers, namely the executive,
legislative, and judicial branches. The executive branch is headed by the president and
his appointed cabinet members. The executive, same with the other two co-equal
branches, has limited power. This is to ensure that the country will be "safeguarded" if
martial law is to be declared. The president can still declare martial law, but it expires
within 60 days and Congress can either reject or extend it.
The task of the Supreme Court is to review whether a declaration of martial law is
just. The legislative power consists of the Senate and the House of Representatives.
There are twenty-four senators and the House is composed of district representatives. It
also created opportunities for under-represented sectors of community to select their
representative through party-list system. The judiciary branch comprises the Supreme
Court and the lower courts. The Supreme Court is granted the power to hear any cases
that deals with the constitutionality of law, about a treaty or decree of the government. It
is also tasked to administrate the function of the lower courts.
Through the constitution, three independent Constitutional Commissions, namely
the Civil Service Commission, Commission on Elections, and Commission on Audit,
were created. These Constitutional Commissions have different functions. The
constitution also paved a way for the establishment of the Office of the Ombudsman,
which has a function of promoting and ensuring an ethical and lawful conduct of the
government.
Attempts to amend or change the 1987 Constitution
There are three possible methods by which the Constitution can be amended: a
Constituent assembly (Con-Ass), Constitutional Convention (Con-Con), or People's
Initiative. All three methods require ratification by majority vote in a national referendum.
Following the administration of Corazon Aquino, succeeding administrations made
several attempts to amend or change the 1987 Constitution.
The first attempt was in 1995. A constitution was drafted by then-Secretary of
National Security Council Jose Almonte, but was never completed because it was
exposed to the media by different non-government organizations. They saw through a
potential change regarding the protection of the people's interests in the constitutional
draft.
In 1997, the Pedrosa couple created a group called PIRMA followed with an
attempt to change the constitution through a People's Initiative by way of gathering
signatures from voters. Many prominent figures opposed the proposition, including
Senator Miriam Defensor-Santiago, who brought the issue all the way to the Supreme
Court and eventually won the case. The Supreme Court ruled that the initiative not
continue, stating that a People's Initiative requires an enabling law for it to push through.
During his presidency, Joseph Ejercito Estrada created a study commission for a
possible charter change regarding the economic and judiciary provisions of the
constitution. The attempt never attained its purpose after various entities opposed it due
apparently to the attempt serving the personal interests of the initiators.
After the Estrada presidency, the administration of Gloria Macapagal-Arroyo
endorsed constitutional changes via a Constitutional Assembly, with then-House
Speaker Jose de Venecia leading the way. However, due to political controversies
surrounding Arroyo's administration, including the possibility of term extension, the
proposal was shut down.
The next attempt was from then-Speaker of the House Feliciano Belmonte Jr.
during President Benigno Aquino III's administration. Belmonte attempted to introduce
amendments to the Constitution focusing on economic provisions aiming toward
liberalization. The effort did not succeed.
President Rodrigo Roa Duterte oversaw the possibility of implementing
federalism on the country. Following his ascension as president after the 2016
presidential election, he signed Executive Order No. 10 on December 7, 2016, creating
the Consultative Committee to Review the 1987 Constitution.
STRUCTURE AND CONTENTS
The preamble introduces the constitution and the source of sovereignty, the
people. It follows the pattern in past constitutions, including an appeal to God. The
preamble reads:
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.

Article I – National Territory

The national territory comprises the Philippine archipelago, with all the islands and
waters embraced therein, and all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains,
including its territorial sea, the seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal waters
of the Philippines.
Article II – Declaration of Principles and State Policies
Article II lays out the basic social and political creed of the Philippines, particularly the
implementation of the constitution and sets forth the objectives of the government.
Some essential provisions are:

The Philippines is a democratic republic

Renunciation of war as a form of national policy

Supremacy of civilian over military authority

Separation of church and state (inviolable)

Pursuit of an independent foreign policy

Abrogation of nuclear weaponry

Family as the basic unit of the state

Role of youth and women in nation-building

Autonomy of local governments

Equal opportunity for public services and the prohibition of political dynasties
Article III – Bill of Rights
Article III enumerates specific protections against the abuse of state power, most of
which are similar to the provisions of the U.S. Constitution. Some essential provisions
are:

a right to due process and equal protection of law

a right against searches and seizures without a warrant issued by a judge

a right to privacy

The right to freedom of speech and expression, freedom of the press, freedom of
assembly, and the right to petition

The free exercise of religion

a right of abode and the right to travel

a right to information on matters of public concern

a right to form associations

a right of free access to courts

the right to remain silent and to have competent legal counsel

a right to bail and against excessive bail conditions

a right to habeas corpus

the right to a speedy trial

the right against self-incrimination

the right to political beliefs and aspirations

a prohibition against cruel, degrading, or inhuman punishment

protection providing for no imprisonment for debt

the right against double jeopardy

Prohibition of ex post facto laws and bills of attainder.

Similar to U.S. jurisprudence and other common law jurisdictions, the scope and
limitations of these rights have largely been determined by the Supreme Court through
case law.
Article IV – Citizenship
Article IV defines the citizenship of Filipinos. It enumerates two kinds of citizens: natural-
born citizens and naturalized citizens. Natural-born citizens are those who are citizens
from birth without having to perform any act to acquire or perfect Philippine citizenship.
The Philippines follows a jus sanguinis system where citizenship is mainly acquired
through a blood relationship with Filipino citizens.
Natural-born citizenship forms an important part of the political system as only natural-
born Filipinos are eligible to hold high offices, including all elective offices beginning with
a representative in the House of Representatives up to the President.
Article V – Suffrage
Article V mandates various age and residence qualifications to vote and a system of
secret ballots and absentee voting. It also mandates a procedure for overseas and
disabled and illiterate Filipinos to vote.
Article VI – Legislative Department
Article VI provides for a bicameral legislature called the Congress composed of the
Senate and the House of Representatives. It vests upon Congress, among others, the
power of investigation and inquiry in aid of legislation, the power to declare the
existence of a state of war, the power of the purse, the power of taxation, and the power
of eminent domain.
Article VII – Executive Department
Article VII provides for a presidential form of government where the executive power is
vested on the President. It provides for the qualification, terms of office, election, and
power and functions of the President. It also provides for a Vice President and for the
presidential line of succession.
Article VIII – Judicial Department
Article VIII vests the judicial power upon the Supreme Court and other lower courts as
may be established by law (by Congress). While the power to appoint justices and
judges still reside with the President, the President from a list of at least three nominees
prepared by the Judicial and Bar Council for every vacancy, a body composed of the
Chief Justice of the Supreme Court, the Secretary of Justice, the Chairs of the Senate
and House Committees on Justice, and representatives from the legal profession.
Article IX – Constitutional Commissions
Article IX establishes three constitutional commissions: the Civil Service Commission,
the Commission on Elections, and the Commission on Audit,
Article X – Local Government
Article X pursues for local autonomy and mandates Congress to enact a law for the
local government, now currently the Local Government Code.
Article XI – Accountability of Public Officers
Article XI establishes the Office of the Ombudsman which is responsible for
investigating and prosecuting government officials. It also vests upon the Congress the
power to impeach the President, the Vice President, members of the Supreme Court,
and the Ombudsman.
Article XII – National Economy and Patrimony
Article XII lays down the goals and objectives of the Philippine government in terms of
wealth distribution, division of goods and services and to offer job opportunities to
elevate the lives of Filipino people. This section also provides important provisions such
as:

Promote effective industrialization and aim for a full employment of its people

All natural resources within the Philippine territory shall be owned by the State

Protect the rights of the indigenous cultural communities

Businesses, organizations and other institutions shall be subject to the intervention

of the State
Article XIII – Social Justice and Human Rights
Article XIII divulge the utmost responsibility of the Congress to give the highest priority
in enactments of such measures which protects and enhances the rights of all the
people to human dignity through affirming that present social, economic and political
inequalities as well as cultural inequities among the elites and the poor shall be reduced
or removed in order to secure equitable welfare and common good among Filipino
people. It also establishes the role of the Commission on Human Rights which ensures
appropriate legal measures for the protection of human rights of all the persons within
the Philippines as well as Filipinos residing abroad. Moreover, this section also lays
down salient provisions such as:

Protection of labor is it local or overseas in order to promote full employment and

equal opportunities for all.

Protection of the rights and giving of support to independent Filipino farmers and
fishermen among local communities for the utilization of their resources without
foreign intrusion, together with the provision and application of Agrarian and Natural
Resources Reform for the development of the lives of the people.

Securing of the lives among the underprivileged citizens through Urban Land
Reforms and Housing.

Adoption and integration of affordable and competent medical care and health
services for the welfare of every Filipino people.
 Recognition of the rights of women in workplace for the realization of their full
potential in providing service to its nation.

Recognition of the role and the rights of people's organizations.

Article XIV – Education, Science and Technology, Arts, Culture and Sports

Article XV – The Family

Article XV establishes the recognition of the state on the Filipino family as the basic
foundation of the nation as it shall reinforce and bolster its solidarity and steadily
promote its development. Alongside with this, it also states important provisions such
as:

Protection of marriage by the state as it is recognized as the foundation of the family

and is an inviolable institution.

Provision of policies and programs subject to every Filipino family assuring the
people's welfare and social security.

Protection of the rights of spouses with responsible parenthood to found a family in

accordance with their religious convictions.

Recognition and protection of the rights of every Filipino children.

Article XVI – General Provisions

Article XVII – Amendments or Revisions

Article XVII establishes the methods by which the Constitution may be amended or
revised. Amendments may be proposed by either: a) a three-fourths vote of all
Members of Congress (called a Constituent Assembly), b) a Constitutional Convention,
or c) a petition of at least twelve percent of all registered voters, and at least three
percent of registered voters within each district (called a People's Initiative). All
amendments must be ratified in a national referendum.
Article XVIII – Transitory Provisions
The Constitution also contains several other provisions enumerating various state
policies including, i.e., the affirmation of labor "as a primary social economic force"
(Section 14, Article II); the equal protection of "the life of the mother and the life of the
unborn from conception" (Section 12, Article II); the "Filipino family as the foundation of
the nation" (Article XV, Section 1); the recognition of Filipino as "the national language
of the Philippines" (Section 6, Article XIV), and even a requirement that "all educational
institutions shall undertake regular sports activities throughout the country in
cooperation with athletic clubs and other sectors." (Section 19.1, Article XIV) Whether
these provisions may, by themselves, be the source of enforceable rights without
accompanying legislation has been the subject of considerable debate in the legal
sphere and within the Supreme Court. The Court, for example, has ruled that a
provision requiring that the State "guarantee equal access to opportunities to public
service" could not be enforced without accompanying legislation, and thus could not bar
the disallowance of so-called "nuisance candidates" in presidential elections. But in
another case, the Court held that a provision requiring that the State "protect and
advance the right of the people to a balanced and healthful ecology" did not require
implementing legislation to become the source of operative rights.

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.

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.
 MODULE 8

CHAPTER 8
STATUTORY RIGHTS

Course Title: Human Rights Education

Course Code: CLJ 2

Name:
Course and Year:
Date and Time Allotment:

Introduction

Objectives:
In this module, you will:
Understand the importance of human rights to an individuals
Understand the role of Criminal Justice System related to human rights

II. Lecture and Discussions of the lesson/s

A statutory right is a right granted under a statute, whether federal or

state. Statutory means relating to statutes, which are laws enacted by a
legislature or other governing body. The written statutes can be used as authority
to govern resolving the disputes they address in many cases, rather than case
law or judge-made law, constitutional law and contract law.

RIGHTS OF THE ACCUSED

RIGHTS OF THE ACCUSED AT THE TRIAL

The accused shall be entitled to the following rights:
To be PRESUMED INNOCENT until the contrary is proved beyond reasonable
doubt (equipoise rule—rule in favor of the accused);
To be INFORMED of the nature and cause of the accusation against him;
To be PRESENT and DEFEND in person by counsel at every stage of the
proceedings, from arraignment to promulgation of the judgment.
WAIVE of his presence at the trial pursuant to the stipulation set forth in
his bail UNLESS his presence is specially ordered by the court for purposes of
identification.
To TESTIFY as a witness in his own behalf but subject to cross examination on
matters covered by direct examination;
To be EXEMPT from being compelled to be a witness against him at the trial
(right against self-incrimination);
To CONFRONT and CROSS-EXAMINE the witnesses against him at the trial
(right to confrontation)
 To have COMPULSORY PROCESS issued to secure the attendance of
witnesses and production of other evidence in his behalf;
To have SPEEDY, IMPARTIAL, and PUBLIC TRIAL;
To APPEAL in all cases allowed and in the manner prescribed by law.

RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION

REPUBLIC ACT NO. 7438

April 27, 1992

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR

UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE
ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF.

Section 1. Statement of Policy. - It is the policy of the Senate to value the dignity of
every human being and guarantee full respect for human rights.

Sec. 2. Rights of Persons Arrested, Detained or under Custodial Investigation; Duties of

Public Officers.

Any person arrested detained or under custodial investigation shall at all times be
assisted by the counsel.

Any public officer or employee, or anyone acting under his order or his place,
who arrests, detains or investigates any person for the commission of an offense
shall inform the latter, in a language known to and understood by him, of his
rights to remain silent and to have competent and independent counsel,
preferably of his own choice, who shall at all times be allowed to confer privately
with the person arrested, detained or under custodial investigation. If such
person cannot afford the services of his own counsel, he must be provided with a
competent and independent counsel by the investigating officer.

The custodial investigation report shall be reduced to writing by the investigating

officer, provided that before such report is signed, or thumb marked if the person
arrested or detained does not know how to read and write, it shall be read and
adequately explained to him by his counsel or by the assisting counsel provided
by the investigating officer in the language or dialect known to such arrested or
detained person, otherwise, such investigation report shall be null and void and
of no effect whatsoever.

Any extrajudicial confession made by a person arrested, detained or under

custodial investigation shall be in writing and signed by such person in the
presence of his counsel or in the latter's absence, upon a valid waiver, and in the
presence of any of the parents, elder brothers and sisters, his spouse, the
 municipal mayor, the municipal judge, district school supervisor, or priest or
minister of the gospel as chosen by him; otherwise, such extrajudicial confession
shall be inadmissible as evidence in any proceeding.

Any waiver by a person arrested or detained under the provisions of Article 125
of the Revised Penal Code, or under custodial investigation, shall be in writing
and signed by such person in the presence of his counsel; otherwise the waiver
shall be null and void and of no effect.

Any person arrested or detained or under custodial investigation shall be allowed

visits by or conferences with any member of his immediate family, or any medical
doctor or priest or religious minister chosen by him or by any member of his
immediate family or by his counsel, or by any national non-governmental
organization duly accredited by the Commission on Human Rights of by any
international non-governmental organization duly accredited by the Office of the
President. The person's "immediate family" shall include his or her spouse, fiancé
or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or
aunt, nephew or niece, and guardian or ward.

As used this Act, "custodial investigation" shall include the practice of issuing an
"invitation" to a person who is investigated in connection with an offense he is
suspected to have committed, without prejudice to the liability of the "inviting" officer
for any violation of law.
Sec. 3. Assisting Counsel. - Assisting counsel is any lawyer, except those directly
affected by the case, those charged with conducting preliminary investigation or those
charged with the prosecution of crimes.

The assisting counsel other than the government lawyers shall be entitled to the
following fees:

The amount of One hundred fifty pesos (P150.00) if the suspected person is
chargeable with light felonies;
The amount of Two hundred fifty pesos (P250.00) if the suspected person is
chargeable with less grave of grave felonies.
The amount of Three hundred fifty pesos (P350.00) if the suspected person is
chargeable with a capital offense.
The fee for the assisting counsel shall be paid by the city or municipality where the
custodial investigation is conducted, provided that if the municipality of city cannot pay
such fee, the province comprising such municipality or city shall pay the fee: Provided,
That the Municipal of City Treasurer must certify that no funds are available to pay the
fees of assisting counsel before the province pays said fees.

In the absence of any lawyer, no custodial investigation shall be conducted and

the suspected person can only be detained by the investigating officer in accordance
with the provisions of Article 125 of the Revised Penal Code.
Sec. 4. Penalty Clause. – (a) Any arresting public officer of employee, or any
investigating officer, who fails to inform any person arrested, detained or under custodial
investigation of his right to remain silent and to have competent and independent
counsel preferably of his own choice, shall suffer a fine of Six thousand pesos
(P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more
than ten (10) years, or both. The penalty of perpetual absolute disqualification shall also
be imposed upon the investigating officer who has been previously convicted of a
similar offense.

The same penalties shall be imposed upon

(a) officer or employee or anyone acting upon orders of such investigating officer
or in his place, who fails to provide a competent and independent counsel to a
person arrested, detained or under custodial investigation for the commission of
an offense if the latter cannot afford the services of his own counsel.

(b) Any person who obstruct, persons or prohibits any lawyer, any member of
the immediate family of a person arrested, detained or under custodial
investigation, or any medical doctor or priest or religious minister chosen by him
or by any member of his immediate family or by his counsel, from visiting and
conferring privately with him, of from examining and treating him, or from
ministering to his spiritual needs, at any hour of the day or, in urgent cases, of
the night shall suffer the penalty of imprisonment of not less than four (4) years
nor more than six (6) years, and a fine of four thousand pesos (P4,000.00).
The provisions of the above Section notwithstanding, any security officer with
custodial responsibility over any detainee or prisoner may undertake such
reasonable measures as may be necessary to secure his safety and prevent his
escape.

RIGHTS OF PERSONS DEPRIVED OF LIBERTY

(1) Every person deprived of liberty is entitled to the protection of all fundamental
rights and freedoms subject to such limitations as may be permitted under the
Constitution.
(2) Nothing in this Act may be construed as limiting the rights and freedoms of
persons deprived of liberty otherwise than in accordance with Articles 29(f) and 51 of
the Constitution.
(3) An institution holding persons detained in custody or imprisoned shall
maintain a register which shall be used by the law enforcement official to record the
following—
(a) Personal details of the person detained, including name, age and address;
(b) Physical condition of the person detained, held in custody or imprisoned;
(c) Reason for the detention, custody or imprisonment;
(d) Steps taken to ensure that the person arrested or detained is subjected to due
process of the law; and
(e) The medical history of the person detained, held in custody or imprisoned.

WOMEN RIGHTS
 Human rights are universal. They apply equally to men and women, girls and
boys. Women, for example, are entitled to the same rights to life, education and political
participation as men. However, in practice, these rights are violated every day in
multiple ways – in virtually every country in the world. Gender equality and women’s
rights are key elements in the Universal Declaration of Human Rights. Yet it was later
recognized that certain rights are specific to women, or need to be emphasized in the
case of women. These rights are outlined in subsequent international and regional
instruments, the most important of which is the Convention on the Elimination of All
Forms of Discrimination against Women.
CEDAW was adopted in 1979 and entered into force two years later. It defines
the right of women to be free from all forms of discrimination and sets out core
principles to protect this right. It also establishes an agenda for national action to end
discrimination and provides the basis for achieving equality between men and women. It
does so by affirming women’s equal access to – and equal opportunities in – political
and public life as well as education, health and employment. CEDAW is the only human
rights treaty that affirms the reproductive rights of women.
By February 2010, CEDAW had been ratified by 186 States – more than most
other international treaties. The Optional Protocol to CEDAW, which entered into force
in December 2000, lays out procedures for individual complaints on alleged violations of
the Convention by States parties. It also establishes a procedure that allows the
Committee that monitors implementation of the Convention to conduct inquiries into
serious and systematic abuses of women’s human rights in countries. By February
2010, the Protocol had been ratified by 99 States.

How the Women’s Human Rights Movement Evolved?

The women’s human rights movement evolved, in part, because of limitations in
the UN human rights system – a system that dated back to 1945 and focused primarily
on curtailing powers of the State. The emphasis at the time was on civil and political
rights rather than social, economic and cultural rights, which are central to women’s
everyday lives. Such gaps became evident in the ‘development decades’ of the 1960s
and 1970s. During this time, for example, positive advances were made in agriculture
and food production. However, they failed to acknowledge that, in most parts of the
world, women were the primary producers of food. New technologies were developed,
but women were often excluded from access and training. Furthermore, land reforms
were initiated, but failed to recognize that women were often restricted from owning
land. As a result, women were displaced from many of their traditional roles and
disempowered. Later development efforts emphasized employment and income-
generation for women and recognized the importance of the informal sector and
women’s critical role in it.

In spite of CEDAW and other international agreements, the denial of women’s

basic human rights is persistent and widespread:
( Over half a million women continue to die each year from complications of
pregnancy and childbirth that are mostly preventable or treatable.
 ( In sub-Saharan Africa, girls and women aged 15 to 24 are at least two times
more likely to become infected with HIV than their male counterparts in part because of
their economic and social vulnerability.
( Gender-based violence kills or disables as many women between the ages of
15 and 44 as cancer.
( Of the 776 million illiterate adults worldwide, two thirds are women.
( A disproportionate number of women are impoverished in both developing and
developed countries. Despite some progress in women’s wages in the 1990s, women
still earn less than men, even for similar kinds of work.
( Many of the countries that have ratified CEDAW still have discriminatory laws
governing marriage, land, property and inheritance.

CHILDREN’s RIGHTS

The UN Convention on the Rights of the Child (CRC) provides an ideal approach
for children to learn about their human rights. Because it specifies human rights
especially relevant to children, everyone, but especially children, parents and adults
who work with children, should be familiar with this important component of the
international human rights framework. COMPASITO frames children’s rights within the
broader context of human rights as a whole and seeks to help children understand that
along with all other members of the human family, they too are rights-holders. The UN
General Assembly adopted the Convention on the Rights of the Child in 1989 after
nearly a decade of compromise and negotiation among member states and wide
consultations with NGOs. Since then more countries have ratified the so called
Children’s Convention than any other human rights treaty and with fewer reservations,
which are formal exceptions taken to parts with which a state may not agree.

The Convention on the Rights of the Child (also called the Children’s Convention)
defines a child as anyone below the age of eighteen and affirms the child as fully
possessed of human rights. It contains 54 articles of children’s rights that can be divided
into three general categories, sometimes known as the ‘three Ps’:
Protection, guaranteeing the safety of children and covering specific issues such
as abuse, neglect, and exploitation;
Provision, covering the special needs of children such as education and health
care;
Participation, recognizing the child’s evolving capacity to make decisions and
participate in society as he or she approaches maturity.
The Convention contains several groundbreaking approaches to human rights.
Children’s right to participation constitutes an area not previously addressed in the
UDHR (1948) or the Declaration on the Rights of the Child (1959). Another innovation of
the Convention is the use of the pronouns he and she rather than the generic he to
include both males and females. The Convention strongly emphasizes the primacy and
importance of the role, authority and responsibility of the child’s family. It affirms the
child’s right not only to the language and culture of the family, but also to have that
language and culture respected.
 The Convention also exhorts the state to support families are not able to provide
an adequate standard of living for their children. While acknowledging the importance of
family to a child’s well-being, the Children’s Convention also recognizes children as
right-bearing individuals, guaranteeing them, as appropriate to their evolving capacity,
the right to identity, to privacy, to information, to thought, conscience, and religion, to
expression, and to association.

The Convention has had enormous worldwide impact. It has intensified the child-
rights efforts of UN agencies such as UNICEF and the International Labor Organization
(ILO); it has affected subsequent child-rights treaties (e.g. Hague Convention on Inter
country Adoption, which speaks of a child’s right to a family rather than a family’s right
to a child, and the Convention on the Rights of Persons with Disabilities); it has focused
international movements to stamp out pervasive forms of child abuse such as child
prostitution and child soldiers, both of which are now the subjects of optional protocols.

INDIGENOUS PEOPLE RIGHTS ACT

The Indigenous Peoples’ Rights Act of 1997 recognized and promoted the rights
of Indigenous Cultural Communities/Indigenous Peoples (ICC/IPs) enumerated within
the framework of the Constitution. It committed the State to recognize and promote the
rights of ICCs/IPs to:

Protect the rights of ICCs/IPs to their ancestral domains to ensure their economic,
social and cultural well-being and shall recognize the applicability of customary laws
governing property rights or relations in determining the ownership and extent of
ancestral domain;

Recognize, respect and protect the rights of ICCs/IPs to preserve and develop their
cultures, traditions and institutions. It shall consider these rights in the formulation of
national laws and policies;

Guarantee that members of the ICCs/IPs regardless of sex, shall equally enjoy the
full measure of human rights and freedoms without distinction or discrimination;

Take measures, with the participation of the ICCs/IPs concerned, to protect their
rights and guarantee respect for their cultural integrity, and to ensure that members
of the ICCs/IPs benefit on an equal footing from the rights and opportunities which
national laws and regulations grant to other members of the population.
It declared that the State recognizes its obligations to respond to the strong
expression of the ICCs/IPs for cultural integrity by assuring maximum ICC/IP
participation in the direction of education, health, as well as other services of ICCs/IPs,
in order to render such services more responsive to the needs and desires of these
communities.

RIGHTS OF PRISONERS
 Right to be free from personal abuse and right to be protected against the
following:
any deprivation of his basic needs under normal situation
corporal punishment
use of physical force
solitary confinement or segregation as positive measures

Right to Good Conduct Time Allowance (GCTA) for good behavior

Right to have access to the following as far as practicable:

A. medicine and health services

B. rehabilitation program
C. visitation (conjugal) and mail services
D. free legal services and materials
4. Right to exercise his religious beliefs
5. Right to air grievances and complain through proper authorities
6. Right of women offenders to be personally attended/supervised by women
officer, without prejudiced to male doctors, nurses and social welfare officers from
carrying out their professional duties in the institution for women
7. Right of foreign nationals to communicate with their diplomatic and consular
representative.

HUMAN RIGHTS AND THE CRIMINAL JUSTICE SYSTEM

Importance of Human Rights to Law Enforcement

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

Ten International Human Rights Standard for Law Enforcement

Basic Standard 1

Everyone is entitled to equal protection of laws, 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 fulfill their duty imposed on them by law, by serving the community
and protecting all persons against illegal acts, consistent with the high degree of
responsibility required by their profession. They must promote and protect human
dignity and maintain and uphold the human rights of all people.

Basic Standard 2

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

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

Basic Standard 3

Do not use force except when strictly necessary and 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.

Basic Standard 4

Avoid using force when policing unlawful but 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 suc interest as public order
and public health.

Basic Standard 5

Lethal force should not be used except when strictly unavoidable in order to
protect your life or the lives of others. Maybe use only in the following situation:
Self-defense, Defense of Stranger or a Family and in the performance of a lawful duty
(PNP Police Operational Procedures 2013)

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, nor delay, it is important
that the reasons for the arrest and the powers and identity of arresting officers are
known.

Basic Standard 7

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

Compliance with RA 9745 or the Anti- Torture act and the Rights of a person
under custodial Investigations (RA 7438)

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.

Basic Standard 9

Do not carry out, order or cover up extrajudicial killings or enforce disappearances and
refuse to obey any order to do so.

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

Basic Standard 10

Report all breaches of this Basic Standard to your senior officer and to the office of
public prosecutors. Do everything within your power to ensure steps are taken to
investigate these breaches.

MODEL PROTOCOL ON HUMAN RIGHTS FOR PUBLIC PROSECUTORS

The purpose of this Model Protocol on Human Rights for Public Prosecutors is to
create a practical framework that prevents public prosecutors from becoming complicit
in human rights abuse. It shall provide reference to possible solutions for public
prosecutors when they are confronted with human rights abuse and guide them on how
to comply with international human rights standards in their day-to-day work.

Rule 1
Public Prosecutors have the professional responsibility to respect human rights
pursuant to the Standards of Professional Responsibility and Statement of the Essential
Duties and Rights of Prosecutors. This should be reflected in all their actions.
Rule 2
Public prosecutors should act independently, without unlawful interference from
government, parliament and other external influence to carry out their professional
responsibilities.

Rule 3
Public prosecutors should uphold the rule of law, in particular the right to a fair
trial, protect the defendant from all forms of discrimination and respect human rights
standards at all stages of their work, including:
- Police investigations, such as ensuring a person’s right to privacy, guaranteeing
that torture or other ill-treatment are not used and that the right not to incriminate
oneself is respected;
- Arrest and pre-trial detention, such as that the freedom from torture or other ill-
treatment is respected;
- Pre-trial procedures, such as bringing individuals promptly before a judge;
- Trial procedures, such as guaranteeing that statements that were made as a
result of torture are not used in proceedings, the equality of arms, not to hold back
evidence that can discharge a person standing trial, and respecting the presumption of
innocence;
- Sentencing, such as not demanding a sentence for a convicted offender that
includes torture and being aware of non-custodial measures;
- Convicted offenders who are sentenced to prison should, for instance, not be
subject to torture or other ill-treatment and be treated with humanity and respect.

Rule 4
Public prosecutors should attend educational programs on human rights (such as
continuing legal education programs), operated by their national professional
associations or external (and accredited) providers (such as universities and non-profit
organizations), to better understand:
- The international human rights framework, including all applicable laws,
principles and standards at the international, regional and national levels;
- the role that public prosecutors have in promoting human rights, particularly in
identifying, preventing and mitigating actual and potential human rights violations
associated with their work.

Rule 5
When national law is absent, weak, unenforced and in tensions with human
rights standards, public prosecutors should apply international human rights law and
interpret applicable laws, principles and standards from a human rights perspective
respectively.

Rule 6
Public prosecutors who became aware of a human rights violation should take all
necessary steps to ensure that those responsible for the wrongdoings are brought to
justice. In particular, public prosecutors should ensure at all stages of their work that
any person who used torture or other ill-treatment during the investigation is brought to
justice. The way in which the human rights abuse should be addressed will depend on
the particular circumstances, including the severity of the human rights abuse. This may
include the following actions:
- Interpreting applicable laws, principles and standards from a human rights
perspective; - Preventing any risk of human right violations, as part of the public
prosecutor’s supervision over the legality of investigations and the execution of court
rulings, by reminding police officers, lower-ranked public prosecutors and others who
are involved in the respective case of their duty to respect human rights under
international law and the severe consequences their actions could have for them, such
as being removed from their position;
- Drawing the prosecution service’s attention to the human rights abuse, such as
involving superior public prosecutors and/or the attorney general in the case. This might
include communicating to them how the human rights abuse could be avoided or
mitigated, and explain to them the (national and international) consequences that the
prosecution service could face when the human rights abuse should be ignored;
- Communicating the human rights violation to the presiding judge(s);
- Withdrawing from representation of the respective case, as a last resort, when
the prosecution authority or superior public prosecutor persists in violating human rights,
notwithstanding the public prosecutor’s expressed concerns about the respective case;

Rule 7
Public prosecutors should support the efforts of national prosecutors
associations, other (professional) associations and initiatives to protect and promote
human rights standards within their profession. Additionally, public prosecutors who are
involved in international prosecutorial cooperation should actively uphold human rights
standards, in particular with regard to the protection of human rights defenders.

Rule 8
Depending on the severity of the human rights abuse and the exhaustion of
domestic remedies, public prosecutors should report the respective human rights abuse
to regional and international human rights mechanisms, such as the UN Special
Rapporteur on Torture and Other Cruel, Inhuman and Degrading Treatment or
Punishment, the European Court of Human Rights, the International Criminal Court,
international professional associations or international human rights groups.

Rule 9
In case the public prosecutor is not able to further her/his investigation into a
human rights abuse because of internal pressure and/or being subject to intimidation
(such physical threats or surveillance of the public prosecutor and/or her/his family
members), she or he should carefully consider her/his actions, keep back-up the
information on the human rights abuse (by using, for instance, an external server),
inform her/his network, international organizations, professional organizations, human
rights groups and the media about the human rights abuse and her/his threat, identify
and analyze the threat and its perpetrators, and, if possible, confront the threat. Under
certain circumstances, public prosecutors should also consider to suspend their
investigations and leave the area or go into hiding.

COURT

Law permeates every aspect of society and our daily lives whether we are at
home, during leisure time, travelling, at work, viewing films, using social media, having a
meal, shopping in the local supermarket, driving, going to school, attending university or
going on holiday. Laws are created in different ways but to be effective, mechanisms for
the enforcement of law and for resolving disputes involving law need to exist. This is
why over the past 1000 years a system for resolving disputes, the courts, evolved. The
role of the courts is now to enforce and declare the law.
Nowadays we tend to take the existence of the court system for granted. But
while aspects of the court system such as judicial decisions (judgments made by the
judges), court costs, the role and appointment of judges, reform of the justice system
and televising proceedings are discussed in the media and in parliament it is rarer for
questions to be asked about the function of courts, why they exist and their role in
contemporary society.
Courts are formally constituted bodies through which legal disputes can be dealt
with. They are an adjudication mechanism provided by the state. These legal disputes
can be disputes between individuals or organizations such as companies, local
authorities or government bodies. They may be disputes between states or between a
state and a member of the public. There will also be times when a member of the public
is unable to take advantage of their legal rights, and requires the state to enforce them
on their behalf.
Sometimes the actions of a member of the public or organization create a situation
where the state is required to prosecute. The most obvious example of this is when they
are accused of committing criminal activity (an offence), for example, theft, criminal
damage, environmental pollution or fraud. It is necessary for the state to determine
whether the activity (offence) has been committed and, if so, to apply appropriate
sanctions. The court is the independent body through which the state carries out this
role.
Courts are important because they help protect our constitutional rights to equal
protection and due process under the law.
Both criminal and civil courts provide the opportunity for the parties to have their cases
heard by neutral judges and/or juries. This process ensures that all cases are decided in
a fair and consistent manner.
Courts provide a forum to resolve disputes and to test and enforce laws in a fair
and rational manner.
Courts are an impartial forum, and judges are free to apply the law without regard
to the states wishes or the weight of public opinion but in line with human rights.
Court decisions are based on what the law says and what the evidence proves;
there is no place in the courts for suspicion, bias or favoritism. The procedures and
decisions must be accessible and transparent and apply the rights found in the
European Convention on Human Rights (ECHR). This is why justice is often symbolized
as a blindfolded figure balancing a set of scales, oblivious to anything that could detract
from the pursuit of an outcome that is just and fair.
Courts exist to do justice, to guarantee liberty, to enhance social order, to resolve
disputes, to maintain the rule of law, to provide for equal protection to all regardless of
background and to ensure the due process of law.
Courts exist so that the equality of individuals and the state is reality rather than
empty rhetoric and to ensure that the rights enshrined in the ECHR are applied in its
decisions and complied with by legislation.
From these statements it can be seen that courts are regarded as playing an
important role in protecting and enforcing the rights of individuals. Those rights may
come from (be derived from) statutes, treaties (for example, the ECHR) or common law.
The courts’ function is to adjudicate legal disputes between parties and carry out
the administration of justice in accordance with the rule of law. The courts’ role is to
determine disputes in the form of cases which are brought before them. As mentioned
earlier these disputes may be between the state and individuals, between individuals,
between individuals and organizations, between organizations, between organizations
and governments etc. In order to resolve the dispute the courts hear the evidence
presented by the parties in a case before making a decision based on what facts have
been proved and the applicable law. A judgment is made on which party is liable, or not,
and then a decision is made on the appropriate remedy or sanction and costs.
 MODULE 9

CHAPTER 9
T HE INTERNATIONAL CONVENTIONS ON RIGHTS OF PRISONERS OF WAR

Course Title: Human Rights Education

Course Code: CLJ 2

Name:
Course and Year:
Date and Time Allotment:

Introduction

Objectives:

Lecture and Discussions of the lesson/s

At first glance, prisoner(s) and detainee(s) may appear as a mere product of war.
One could say, captivity acts as a transitional state with regards to a surrendering
soldier or for a civilian infelicitous enough to present into vicinity of the battlefield or into
a besieged town, sometimes followed in order by execution, enslavement, or release for
ransom, on parole, or in exchange for prisoner(s) taken by the opponent.

According to Geoffrey Best, Prisoner(s) of War have been at the center of the
series of International Humanitarian Law row(s) since the year 1950. Parties to armed
conflicts have unceasingly exploited the weaknesses of Prisoner(s) of War regime and
the penetrability of its object(s) with an eye to serve their own political interest(s).

Parallel with an increased significance in quantified as well as qualitative term(s),

the issue of prisoner(s) and detainee(s) is in a number of ways a prism through which
more general research problems related to war become visible. First, the condition of
prisoner(s) and detainee(s) appears to be litmus test for compliance with cultural, legal,
and moral norms aimed at mitigating the effect(s) of war. Secondly, the issue of
prisoner(s) in war tells us something about the success and progress of the
humanitarian project as such.
 Although combatants and other persons taking a direct part in hostilities are
military objectives and may be attacked, the moment such persons surrender or are
rendered hors de combat, they become entitled to protection. That protection is
provided for in Common Article 3 and the First and Third Geneva Conventions (GC)
relating to the treatment of the ‘wounded, sick and shipwrecked’ and ‘prisoners of war’
(POW) respectively; supplemented (for international conflicts) by Additional Protocol I.
These conventions are binding as treaty law, but the key provisions are in any event
customary in nature.
Humanitarian treatment of prisoners of war was not emphasized until the second
half of the nineteenth century.
The Hague Regulations did not prevent many of the hardships that prisoners suffered
during World War I; they did provide an enlightened basis for regulation. Besides the
failure to anticipate the problems that arose in World War I, the chief defect of the
regulations were a lack of specificity and the absence of any enforcement procedures.
After the First World War, a conference at Geneva adopted new, more elaborate rules.
Like the prior rules, the new rules did not anticipate the new modes of warfare adopted
in the Would War that followed their acceptance.

PRISONERS OF WAR DEFINED

The Third Geneva Convention of 1949 is concerned with prisoners of war, and
consists of a comprehensive code centered upon the requirement of humane treatment
in all circumstances.

The definition of prisoners of war in GC III, Article 4(A) is of particular importance

since it has been regarded as the elaboration of combatant status. It covers members of
the armed forces of a party to the conflict, as well as irregulars such as members of
militia or volunteer corps that fight alongside a party to the conflict, provided they satisfy
four conditions: being ‘commanded by a person responsible for his subordinates; having
a fixed distinctive sign recognizable at a distance; carrying arms openly; and conducting
operations in accordance with the laws and customs of war.’

This article reflected the experience of the Second World War, although the
extent to which resistance personnel were covered was constrained by the need to
comply with the four conditions. Since 1949, the use of guerrillas spread to the Third
World and the decolonization experience. Accordingly, pressures grew to expand the
definition of combatants entitled to prisoner of war status to such persons, who practice
has shown rarely complied with the four conditions.

STATUS DETERMINATION

Under International Humanitarian Law (IHL), ‘combatant’s privilege’ entails three

important consequences. First, the privileged combatant is allowed to conduct hostilities
and as such cannot be prosecuted for bearing arms or attacking enemy targets, unless
the conduct amounts to a war crime. Second, he or she is a legitimate target to the
opposing forces. Third, in the event of capture, such combatants are afforded POW
status.
The group of persons entitled to combatant’s privilege, and in the event of
capture to prisoner of war status, is defined in GC III, Article 4(A). These include
members of the armed forces of another party, as well as irregulars such as members
of militia or volunteer corps that fight alongside a party to the conflict, provided they
satisfy four conditions: being ‘commanded by a person responsible for his subordinates;
having a fixed distinctive sign recognizable at a distance; carrying arms openly; and
conducting operations in accordance with the laws and customs of war.’

POW status is therefore automatically due to persons who fought in the armed
forces of a state. The fact that the government was not the recognized representative of
the state is irrelevant. It should be noted that the criteria set forth by Article 4 of the
Third Geneva Convention only apply to irregulars that fight alongside a party to the
conflict and not to the armed forces of a party to the conflict itself. In the event that there
is an element of doubt on the status of an irregular, the matter must then be determined
by a competent tribunal. The prisoners must be presumed POWs pending such
determination. Moreover, the onus is on a Detaining Power to demonstrate that
detainees, purportedly captured for their role in the conduct of hostilities, do not deserve
POW status. This significant burden corresponds to the serious consequences for the
combatants in question, including penal consequences and loss of their entitlement to
the enhanced rights protections due to POWs under GC III which in some respects go
beyond those guaranteed by International Human Right Law.

However, on numerous occasions, states have, as a matter of practice, extended

POW status to cover persons not strictly entitled to such status under the convention, as
was for example the practice of the United States in Vietnam. This may reflect in part
the core humanitarian principles reflected in IHL manifest in the specific provisions of
GC III, but also the desire to ensure similar treatment of their own forces if captured.

RIGHTS OF A PRISONER OF WAR

The Third Geneva Convention is now the authoritative statement concerning

prisoners of war. An outstanding innovation of the convention, in addition to its
application to all other armed conflicts is that it makes reference to internal wars. The
convention defined prisoners in a way calculated to include every person likely to be
captured in hostilities. Full and primary responsibility for the treatment of prisoners of
war fall upon the Detaining Power not upon the individuals. The Detaining Power is
under a general obligation to treat prisoners humanely and protect them from danger.
They must be supplied with food, clothing and medical attention. They should be
protected from public curiosity. They are also entitled to elaborate due process
guarantees, including trial by the courts that respect the same standards of justice as
those respected by the courts that would try the military of the detaining state. Medical
and scientific experiments are prohibited. Prisoners are to be treated alike regardless of
race, nationality, religious beliefs or political opinions.
 At the time of detention, the prisoner is required to give a minimum of
information. He is not to be subjected to torture and may retain his personal effects.
Conditions at the detention camp must meet standards provided in the convention. The
work that the prisoner is required to perform must not be inherently dangerous,
humiliating or directly connected with the operations of war. The prisoner must be
permitted contact with his family and correspondence privileges. Procedures must be
established for registering complaints against the administration of the detention camp.
Penal and disciplinary sanctions, including procedures for determining guilt, are
prescribed by the convention. The convention also provides that the properties of
prisoners shall not be disposed of them when arrested. When hostilities have ceased,
POWs must be repatriated.

The convention elaborates the idea of a Protecting Power appointed by mutual

agreement, which determines whether the provisions of the convention are being
followed. When the belligerents are unable to agree upon such an appointment, the
detaining power is required to request a neutral state, an impartial organization, or a
humanitarian organization to substitute for the Protecting Power. Each contraction party
undertakes to provide penal sanctions against person who violates the established
norms. Parties to the conventions are obligated to search out those persons alleged to
have committed such breach. Many of the general provisions of the Geneva Convention
on prisoners of war are incorporated into the First and Second Geneva Conventions
with respect to the wounded and sick in armed forces in the field or at sea.

INFORMATION ON REASONS FOR ARREST AND DETENTION

The very first requirement for there to be a valid detention in international law is
that there be clear reasons for an arrest provided in law, followed by the duty to
determine the prisoners’ status, then information concerning these matters should be
conveyed to the prisoners themselves. Only once this has happened can they assert
the precise rights that correspond to them under international law. The right to such
information is enshrined as one of the minimal standards of protection due to persons in
the hands of the enemy under IHL and in Human Rights Law (HRL).

Article 75 (3) of AP I provide:

Any person arrested, detained or interned for actions related to the armed conflict
shall be informed promptly, in a language he understands, of the reasons why these
measures have been taken. Except in cases of arrest or detention for penal offences,
such persons shall be released with the minimum delay possible and in any event as
soon as the circumstances justifying the arrest, detention or internment have cease to
exist.

The right to be informed promptly of the reasons for detention under IHL thus
applies to persons detained for any reason related to the conflict. It does not depend on
the person being suspected of a criminal offence.
 There is no precise time frame associated with the requirement of ‘promptness’,
as account must be taken of all the circumstances including (for as long as relevant)
military considerations arising out of the detention of persons in the zone of battle.
However, as the ICRC Commentary to the Additional Protocol itself makes clear, ‘even
in time of armed conflict, detaining a person for longer than, say, ten days, without
informing the detainee of the reasons for his detention would be contrary to this
paragraph’.

The detainees therefore have a right to be informed of the reasons for their arrest
under the minimum rules of IHL protection applicable to all persons and under Human
Rights Law.

PROSECUTION- FAIR TRIAL RIGHTS

In respect of prosecution of prisoners of war, the law stipulates basic fair trial
rights which must not be derogated from. As noted above, the legal status of a prisoner
impacts on the legitimacy of prosecuting that detainee for certain crimes related to the
conflict. Specifically, if detainees were formerly privileged combatants (entitled to be
treated as POWs); they may not be prosecuted for acts of war, while those unprivileged
combatants, who fought absent the right to do so, may. All categories of prisoners,
however, may equally be prosecuted for the commission of international crimes such as
war crimes or crimes against humanity.

GC III provides that any POW subject to judicial proceedings is entitled to a fair
trial. So seriously are these rights taken that ‘willfully depriving a prisoner of war of the
rights of fair and regular trial prescribed in this convention’ is a grave breach, which
states parties are obliged to prosecute.

MODULE 10

CHAPTER 10
THE INTERNATIONAL CRIMINAL COURT AND THE INTERNATIONAL COURT OF
JUSTICE

Course Title: Human Rights Education

Course Code: CLJ 2

Name:
Course and Year:
Date and Time Allotment:

Objectives:
 In this module you will:
Understand what International Criminal Court is
Understand what International Court of Justice is

II. Lecture and Discussions of the lesson/s

INTERNATIONAL CRIMINAL COURT

The International Criminal Court (ICC or ICC) is an intergovernmental
organization and international tribunal that sits in The Hague, Netherlands. The ICC is
the first and only permanent international court with jurisdiction to prosecute individuals
for the international crimes of genocide, crimes against humanity, war crimes, and the
crime of aggression. It is intended to complement existing national judicial systems and
it may therefore exercise its jurisdiction only when national courts are unwilling or
unable to prosecute criminals. The ICC lacks universal territorial jurisdiction, and may
only investigate and prosecute crimes committed within member states, crimes
committed by nationals of member states, or crimes in situations referred to the Court
by the United Nations Security Council.

The ICC began operations on 1 July 2002, upon the entry into force of the Rome
Statute, a multilateral treaty that serves as the court's foundational and governing
document. States which become party to the Rome Statute become members of the
ICC, serving on the Assembly of States Parties, which administers the court. As of
November 2019, there are 123 ICC member states; 42 states have neither signed nor
become parties to the Rome Statute.

The ICC has four principal organs: the Presidency, the Judicial Divisions, the
Office of the Prosecutor, and the Registry. The President is the most senior judge
chosen by his or her peers in the Judicial Division, which hears cases before the Court.
The Office of the Prosecutor is headed by the Prosecutor who investigates crimes and
initiates criminal proceedings before the Judicial Division. The Registry is headed by the
Registrar and is charged with managing all the administrative functions of the ICC,
including the headquarters, detention unit, and public defense office.

The Office of the Prosecutor has opened 12 official investigations and is also
conducting an additional nine preliminary examinations. Thus far, 45 individuals have
been indicted in the ICC, including Ugandan rebel leader Joseph Kony, former
Sudanese president Omar al-Bashir, Kenyan president Uhuru Kenyatta, Libyan leader
Muammar Gaddafi, Ivorian president Laurent Gbagbo, and DR Congo vice-president
Jean-Pierre Bemba.

The ICC has faced a number of criticisms from states and society, including
objections about its jurisdiction, accusations of bias, questioning of the fairness of its
case-selection and trial procedures, and doubts about its effectiveness.

History
 The establishment of an international tribunal to judge political leaders accused
of international crimes was first proposed during the Paris Peace Conference in 1919
following the First World War by the Responsibilities. The issue was addressed again at
a conference held in Geneva under the auspices of the League of Nations in 1937,
which resulted in the conclusion of the first convention stipulating the establishment of a
permanent international court to try acts of international terrorism. The convention was
signed by 13 states, but none ratified it and the convention never entered into force.
Following the Second World War, the allied powers established two ad hoc
tribunals to prosecute Axis leaders accused of war crimes. The International Military
Tribunal, which sat in Nuremberg, prosecuted German leaders while the International
Military Tribunal for the Far East in Tokyo prosecuted Japanese leaders. In 1948 the
United Nations General Assembly first recognized the need for a permanent
international court to deal with atrocities of the kind prosecuted after the Second World
War. At the request of the General Assembly, the International Law Commission (ILC)
drafted two statutes by the early 1950s but these were shelved during the Cold War,
which made the establishment of an international criminal court politically unrealistic.
Benjamin B. Ferencz, an investigator of Nazi war crimes after the Second World
War, and the Chief Prosecutor for the United States Army at the Einsatzgruppen Trial,
became a vocal advocate of the establishment of international rule of law and of an
international criminal court. In his first book published in 1975, entitled Defining
International Aggression: The Search for World Peace, he advocated for the
establishment of such a court. A second major advocate was Robert Kurt Woetzel, who
co-edited Toward a Feasible International Criminal Court in 1970 and created the
Foundation for the Establishment of an International Criminal Court in 1971.

TOWARDS A PERMANENT INTERNATIONAL CRIMINAL COURT

In June 1989 Prime Minister of Trinidad and Tobago, A. N. R. Robinson revived
the idea of a permanent international criminal court by proposing the creation of such a
court to deal with the illegal drug trade. Following Trinidad and Tobago's proposal, the
General Assembly tasked the ILC with once again drafting a statute for a permanent
court. While work began on the draft, the United Nations Security Council established
two ad hoc tribunals in the early 1990s: The International Criminal Tribunal for the
former Yugoslavia, created in 1993 in response to large-scale atrocities committed by
armed forces during Yugoslav Wars, and the International Criminal Tribunal for
Rwanda, created in 1994 following the Rwandan genocide. The creation of these
tribunals further highlighted to many the need for a permanent international criminal
court.
In 1994, the ILC presented its final draft statute for the International Criminal
Court to the General Assembly and recommended that a conference be convened to
negotiate a treaty that would serve as the Court's statute. To consider major substantive
issues in the draft statute, the General Assembly established the Ad Hoc Committee on
the Establishment of an International Criminal Court, which met twice in 1995. After
considering the Committee's report, the General Assembly created the Preparatory
Committee on the Establishment of the ICC to prepare a consolidated draft text. From
1996 to 1998, six sessions of the Preparatory Committee were held at the United
Nations headquarters in New York City, during which NGOs provided input and
attended meetings under the umbrella organization of the Coalition for the International
Criminal Court (CICC). In January 1998, the Bureau and coordinators of the Preparatory
Committee convened for an Inter-Sessional meeting in Zutphen in the Netherlands to
technically consolidate and restructure the draft articles into a draft.
Finally the General Assembly convened a conference in Rome in June 1998,
with the aim of finalizing the treaty to serve as the Court's statute. On 17 July 1998, the
Rome Statute of the International Criminal Court was adopted by a vote of 120 to
seven, with 21 countries abstaining. The seven countries that voted against the treaty
were China, Iraq, Israel, Libya, Qatar, the United States, and Yemen. Israel's opposition
to the treaty stemmed from the inclusion in the list of war crimes "the action of
transferring population into occupied territory".
Following 60 ratifications, the Rome Statute entered into force on 1 July 2002
and the International Criminal Court was formally established. The first bench of 18
judges was elected by the Assembly of States Parties in February 2003. They were
sworn in at the inaugural session of the Court on 11 March 2003. The Court issued its
first arrest warrants on 8 July 2005, and the first pre-trial hearings were held in
[Link] Court issued its first judgment in 2012 when it found Congolese rebel leader
Thomas Lubanga Dyilo guilty of war crimes related to using child soldiers.
In 2010 the states parties of the Rome Statute held the first Review Conference
of the Rome Statute of the International Criminal Court in Kampala, Uganda. The
Review Conference led to the adoption of two resolutions that amended the crimes
under the jurisdiction of the Court. Resolution 5 amended Article 8 on war crimes,
criminalizing the use of certain kinds of weapons in non-international conflicts whose
use was already forbidden in international conflicts. Resolution 6, pursuant to Article
5(2) of the Statute, provided the definition and a procedure for jurisdiction over the crime
of aggression.

JURISDICTION AND ADMISSIBILITY

The Rome Statute requires that several criteria exist in a particular case before
an individual can be prosecuted by the Court. The Statute contains three jurisdictional
requirements and three admissibility requirements. All criteria must be met for a case to
proceed.
The three jurisdictional requirements are
(1) subject-matter jurisdiction (what acts constitute crimes),
(2) Territorial or personal jurisdiction (where the crimes were committed or
who committed them), and
(3) Temporal jurisdiction (when the crimes were committed).

PROCESS
The process to establish the Court's jurisdiction may be "triggered" by any one of
three possible sources: (1) a State party, (2) the Security Council or (3) a Prosecutor. It
is then up to the Prosecutor acting ex proprio motu ("of his own motion" so to speak) to
initiate an investigation under the requirements of Article 15 of the Rome Statute. The
procedure is slightly different when referred by a State Party or the Security Council, in
which cases the Prosecutor does not need authorization of the Pre-Trial Chamber to
initiate the investigation. Where there is a reasonable basis to proceed, it is mandatory
for the Prosecutor to initiate an investigation. The factors listed in Article 53 considered
for reasonable basis include whether the case would be admissible, and whether there
are substantial reasons to believe that an investigation would not serve the interests of
justice (the latter stipulates balancing against the gravity of the crime and the interests
of the victims)

SUBJECT-MATTER JURISDICTION REQUIREMENTS

The Court's subject-matter jurisdiction means the crimes for which individuals
can be prosecuted. Individuals can only be prosecuted for crimes that are listed in the
Statute. The primary crimes are listed in article 5 of the Statute and defined in later
articles: genocide (defined in article 6), crimes against humanity (defined in article 7),
war crimes (defined in article 8), and crimes of aggression (defined in article 8 b is)
(which is not yet within the jurisdiction of the Court.

GENOCIDE
Article 6 defines the crime of genocide as "acts committed with intent to destroy, in
whole or in part, a national, ethnical, racial or religious group”. There are five such acts
which constitute crimes of genocide under article 6:

Killing members of a group

Causing serious bodily or mental harm to members of the group

Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction

Imposing measures intended to prevent births within the group

Forcibly transferring children of the group to another group

The definition of these crimes is identical to those contained within the Convention on
the Prevention and Punishment of the Crime of Genocide of 1948.
CRIMES AGAINST HUMANITY
Article 7 defines crimes against humanity as acts "committed as part of a
widespread or systematic attack directed against any civilian population, with
knowledge of the attack". The article lists 16 such as individual crimes:

Murder

Extermination

Enslavement

Deportation or forcible transfer of population

Imprisonment or other severe deprivation of physical liberty

Torture

Rape

Sexual slavery

Enforced prostitution

Forced pregnancy

Enforced sterilization

Sexual violence

Persecution

Enforced disappearance of persons

Apartheid
Other inhumane acts

WAR CRIMES
Article 8 defines war crimes depending on whether an armed conflict is either
international (which generally means it is fought between states) or non-international
(which generally means that it is fought between non-state actors, such as rebel groups,
or between a state and such non-state actors). In total there are 74 war crimes listed in
article 8. The most serious crimes, however, are those that constitute either grave
breaches of the Geneva Conventions of 1949, which only apply to international
conflicts, and serious violations of article 3 common to the Geneva Conventions of 1949,
which apply to non-international conflicts.
There are 11 crimes which constitute grave breaches of the Geneva Conventions
and which are applicable only to international armed conflicts:

Willful killing

Torture

Inhumane treatment

Biological experiments

Willfully causing great suffering

Destruction and appropriation of property

Compelling service in hostile forces

Denying a fair trial

Unlawful deportation and transfer

Unlawful confinement

Taking hostages
There are seven crimes which constitute serious violations of article 3 common to
the Geneva Conventions and which are applicable only to non-international armed
conflicts:

Murder

Mutilation

Cruel treatment

Torture

Outrages upon personal dignity

Taking hostages

Sentencing or execution without due process

 Additionally, there are 56 other crimes defined by article 8: 35 that apply to
international armed conflicts and 21 that apply to non-international armed conflicts.
Such crimes include attacking civilians or civilian objects, attacking peacekeepers,
causing excessive incidental death or damage, transferring populations into occupied
territories, treacherously killing or wounding, denying quarter, pillaging, employing
poison, using expanding bullets, rape and other forms of sexual violence, and
conscripting or using child soldiers.

CRIMES OF AGGRESSION
Article 8 b is defines crimes of aggression. The Statute originally provided that
the Court could not exercise its jurisdiction over the crime of aggression until such time
as the states parties agreed on a definition of the crime and set out the conditions under
which it could be prosecuted. Such an amendment was adopted at the first review
conference of the ICC in Kampala, Uganda, in June 2010. However, this amendment
specified that the ICC would not be allowed to exercise jurisdiction of the crime of
aggression until two further conditions had been satisfied: (1) the amendment has
entered into force for 30 states parties and (2) on or after 1 January 2017, the Assembly
of States Parties has voted in favor of allowing the Court to exercise jurisdiction. On 26
June 2016 the first condition was satisfied and the state parties voted in favor of
allowing the Court to exercise jurisdiction on 14 December [Link] Court's jurisdiction
to prosecute crimes of aggression was accordingly activated on 17 July 2018.
The Statute, as amended, defines the crime of aggression as "the planning,
preparation, initiation or execution, by a person in a position effectively to exercise
control over or to direct the political or military action of a State, of an act of aggression
which, by its character, gravity and scale, constitutes a manifest violation of the Charter
of the United Nations." The Statute defines an "act of aggression" as "the use of armed
force by a State against the sovereignty, territorial integrity or political independence of
another State, or in any other manner inconsistent with the Charter of the United
Nations." The article also contains a list of seven acts of aggression, which are identical
to those in United Nations General Assembly Resolution 3314 of 1974 and include the
following acts when committed by one state against another state:

Invasion or attack by armed forces against territory

Military occupation of territory

Annexation of territory

Bombardment against territory

Use of any weapons against territory

Blockade of ports or coasts

Attack on the land, sea, or air forces or marine and air fleets
 The use of armed forces which are within the territory of another state by
agreement, but in contravention of the conditions of the agreement

Allowing territory to be used by another state to perpetrate an act of aggression

against a third state

Sending armed bands, groups, irregulars, or mercenaries to carry out acts of

armed force.

INTERNATIONAL COURT OF JUSTICE

The International Court of Justice (ICJ), sometimes known as the World

Court, is one of the six principal organs of the United Nations (UN). It settles disputes
between states in accordance with international law and gives advisory opinions on
international legal issues. The ICJ is the only international court that adjudicates general
disputes between countries, with its rulings and opinions serving as primary sources of
international law.

The ICJ is the successor of the Permanent Court of International Justice (PCIJ),
which was established in 1920 by the League of Nations. Following the Second World
War, both the League and the PCIJ were replaced by the United Nations and ICJ,
respectively. The Statute of the ICJ, which sets forth its purposes draws heavily from
that of its predecessor, whose decisions remain valid. All member states of the UN are
party to the ICJ Statute and may initiate contentious cases; however, advisory
proceedings may only be submitted by certain UN organs and agencies.

The ICJ is a panel of 15 judges elected by the General Assembly and Security
Council for nine-year terms. No more than one nationality may serve on the court at the
same time, and judges as a whole must represent the principal civilizations and legal
systems of the world. Seated in the Peace Palace in The Hague, Netherlands, the ICJ is
the only principal UN organ not located in New York City. Its official working languages
are English and French.

Since the entry of its first case on 22 May 1947, the ICJ has entertained 178
cases through November 2019.

HISTORY
 The first permanent institution established for the purpose of settling international
disputes was the Permanent Court of Arbitration (PCA), which was created by the
Hague Peace Conference of 1899. Initiated by Russian Czar Nicholas II, the conference
involved all the world's major powers, as well as several smaller states, resulted in the
first multilateral treaties concerned with the conduct of warfare.[5] Among these was the
Convention for the Pacific Settlement of International Disputes, which set forth the
institutional and procedural framework for arbitral proceedings, which would take place
in The Hague, Netherlands. Although the proceedings would be supported by a
permanent bureau—whose functions would be equivalent to that of a secretariat or
court registry—the arbitrators would be appointed by the disputing states from a larger
pool provided by each member of the Convention. The PCA was established in 1900
and began proceedings in 1902.

A second Hague Peace Conference in 1907, which involved most of the world's
sovereign states, revised the Convention and enhanced the rules governing arbitral
proceedings before the PCA. During this conference, the United States, Great Britain
and Germany submitted a joint proposal for a permanent court whose judges would
serve full-time. As the delegates could not agree as to how the judges would be
selected, the matter was temporarily shelved pending an agreement to be adopted at a
later convention.

The Hague Peace Conferences, and the ideas that emerged therefrom,
influenced the creation of the Central American Court of Justice, which was established
in 1908 as one of the earliest regional judicial bodies. Various plans and proposals were
made between 1911 and 1919 for the establishment of an international judicial tribunal,
which would not be realized into the formation of a new international system following
the First World War.

THE PERMANENT COURT OF INTERNATIONAL JUSTICE

The unprecedented bloodshed of the First World War led to the creation of the
League of Nations, established by the Paris Peace Conference of 1919 as the first
worldwide intergovernmental organization aimed at maintaining peace and collective
security. Article 14 League's Covenant called for the establishment of a Permanent
Court of International Justice (PCIJ), which would be responsible for adjudicating any
international dispute submitted to it by the contesting parties, as well as to provide an
advisory opinion upon any dispute or question referred to it by the League of Nations.
In December 1920, following several drafts and debates, the Assembly of the
League unanimously adopted the Statute of the PCIJ, which was signed and ratified the
following year by a majority of members. Among other things, the new Statute resolved
the contentious issues of selecting judges by providing that the judges be elected by
both the Council and the Assembly of the League concurrently but independently. The
makeup of the PCIJ would reflect the "main forms of civilization and the principal legal
systems of the world”. The PCIJ would be permanently placed at the Peace Palace in
The Hague, alongside Permanent Court of Arbitration.
The PCIJ represented a major innovation in international jurisprudence in several ways:

Unlike previous international arbitral tribunals, it was a permanent body governed by

its own statutory provisions and rules of procedure

It had a permanent registry that served as a liaison with governments and

international bodies;

Its proceedings were largely public, including pleadings, oral arguments, and all
documentary evidence;

It was accessible to all states and could be declared by states to have compulsory
jurisdiction over disputes;

The PCIJ Statute was the first to list sources of law it would draw upon, which in turn
became sources of international law

Judges were more representative of the world and its legal systems than any prior
international judicial body.

As a permanent body, the PCIJ would, over time, make a series decisions and
rulings that would develop international law
Unlike the ICJ, the PCIJ was not part of the League, nor were members of the
League automatically a party to its Statute. The United States, which played a key role
in both the second Hague Peace Conference and the Paris Peace Conference, was
notably not a member of the League, although several of its nationals served as judges
of the Court.
From its first session in 1922 until 1940, the PCIJ dealt with 29 interstate
disputes and issued 27 advisory opinions. The Court's widespread acceptance was
reflected by the fact that several hundred international treaties and agreements
conferred jurisdiction upon it over specified categories of disputes. In addition to helping
resolve several serious international disputes, the PCIJ helped clarify several
ambiguities in international law that contributed to its development.
The United States played a major role in setting up the World Court but never
joined. Presidents Wilson, Harding, Coolidge, Hoover and Roosevelt all supported
membership, but it was impossible to get a 2/3 majority in the Senate for a treaty.