Human Rights & Ethics in Criminology

The relationship between ethics and human rights is foundational in criminology and law
enforcement, particularly in defining the professional conduct and duties of officers and
registered criminologists. The sources heavily emphasize the duty to respect and protect human
rights as a non-negotiable ethical standard.
Relationship Between Ethics and Human Rights in Criminology
Ethics and human rights are intrinsically linked, with ethics providing the moral framework that
mandates the protection of rights.
• Ethics as the Foundation: Ethics is the discipline concerned with what is morally good and
bad, right and wrong. In the context of law enforcement, ethics mandates the high standards of
behavior required due to the immense power and discretion wielded by officers.
• Human Rights as a Core Standard: The protection of human rights is explicitly established
as a fundamental professional conduct standard. The rigid application of fundamental
principles in police work is deemed necessary to avoid human rights violation and maintain
the respect of the profession.
• Moral Responsibility: The stability of public life and democracy depends upon a police
organization that is constantly aware of the sensitive balance between individual freedom and
collective security and is ever-alert to the dangers of extra-legal or immoral procedures.
Law enforcement members must respect and protect human dignity and man's inalienable rights
to life, liberty, and property.
Universal Declaration of Human Rights (UDHR) and Its Principles
While the sources reference the United Nations Code of Conduct for Law Enforcement Officials,
which aligns with UDHR principles, they do not specifically mention the Universal Declaration
of Human Rights (UDHR) by name. However, core principles of human rights are integrated into
the ethical mandates for law enforcement personnel.
The Code of Conduct for Law Enforcement Officials adopted by the United Nations
General Assembly outlines key principles that officers must adhere to:
• Law enforcement officials shall at all times fulfill their duty by protecting all persons against
legal acts.
• In the performance of duty, officials shall respect and protect human dignity and maintain
and uphold the human rights of all persons.
• Officials shall not inflict, instigate or tolerate any act of torture or other cruel, inhuman
degrading treatment or punishment.
• Officials may not evoke superior orders or exceptional circumstances such as a state of
war, threat to national security, or internal political instability as a justification of torture or
other cruel, inhuman or degrading treatment or punishment.
• Officials must ensure the full protection of the health of persons in their custody and take
immediate action to secure medical attention whenever required.
The PNP (Philippine National Police) Professional Conduct guidelines echo these principles,
mandating that in the performance of duty, members shall respect and protect human dignity
and uphold the human rights of all person. Specifically, no PNP member shall inflict,
instigate or tolerate extra-judicial killings, arbitrary arrest, any act of torture or other
cruel, inhuman or degrading treatment or punishment.
Commission on Human Rights (CHR) Role in the Philippines
The sources do not explicitly mention the Commission on Human Rights (CHR) or its specific
role in the Philippines.
Human Rights–Based Approach to Law Enforcement
A human rights–based approach to law enforcement is reflected through several explicit duties
and standards designed to limit the use of force and ensure impartiality:
1. Strict Limitation on Force: Law enforcement officials may use force only when strictly
necessary and to the extent required for the performance of their duty. PNP members shall
never employ unnecessary force or violence. The police should resort only to the minimum
degree of physical force necessary in achieving law enforcement objectives, and only when
persuasion, advice, and warning are found to be insufficient.
2. Impartiality and Justice: Officers are required to treat everyone fairly regardless of
personal biases, and act toward individuals as if looking through a veil of neutrality. The Code
of Ethics mandates that decisions must be made without fear or favor, malice or ill will. Justice
is an ethical standard where PNP personnel shall strive constantly to respect the rights of others
so they can fulfill their duties and exercise their rights as human beings.
3. Respect for Due Process: The police must recognize the need for strict adherence to the
law and refrain from usurping the powers and authority of the judiciary in avenging
individuals, judging guilt, and punishing the guilty. Adherence to due process is essential, and
practices like illegal searches or interrogation without advising suspects of their rights are
unacceptable methods, even if some officers adopt a cynical view that due process protects
criminals.
Ethical Responsibilities of Criminologists in Protecting Dignity and Rights
Criminology is defined as a profession in the Philippines, and Registered Criminologists have
specific responsibilities that involve upholding rights and seeking justice:
• Protecting the Innocent: The primary responsibility of a Registered Criminologist is not only
to work for the identification, apprehension, and conviction of criminals but also to strive with
greater if not equal vigor to clear the innocent.
• Upholding Constitutional Principles: A licensed Criminologist must bear faithful allegiance
to the Republic of the Philippines and accept the sacred obligation to support the Constitution
of the Philippines and as a Registered Criminologist to defend the principles of liberty as
defined in the Constitution and Laws.
• Upholding Ethical Standards in Investigations: Criminologists must rely on logical and
scientific deduction derived from a fair and impartial examination. They are also expected to
improve their effectiveness by diligent study and serious attention to improvement and
disseminate practical and useful information relating to public safety and welfare.
• Conduct towards the Public: The fundamental duty of a Law Enforcement Officer (which
includes those employed in law enforcement agencies as Criminologists) is to safeguard lives
and property, and to protect the innocent against deception, the weak against oppression or
intimidation, and to respect the Constitutional right of all men to liberty, equality, and justice.