HUMAN
RIGHTS BASE
APPROACH
CLJ HUMAN RIGHTS EDUCATION
MA. FE SOLANCHE R. DUQUE,
RCRIM
HUMAN RIGHTS BASE APPROACH
A human rights-based approach to development focuses on
protecting and promoting the rights of the most vulnerable
claim-holders. is approach recognizes that groups highly
susceptible to abuse and human rights deprivations—such as
people living in pove y, women, children, indigenous peoples,
the elderly, persons with HIV/AIDs, and persons with
disabilities—require special measures and protection to
address their speci c vulnerabilities and ensure their rights
are upheld.
Actors in the HRBA to Development
Planning
Actors in the HRBA to Development
Planning
e human rights-based approach to development planning
involves three main sets of actors:
1. Claimholders
- ese are individuals or groups whose rights must be
considered in development planning. ey are the people who
are a ected (positively or negatively, directly or indirectly) by
development processes and outcomes, and whose human
rights should be realized.
Actors in the HRBA to Development
Planning
e human rights-based approach to development planning
involves three main sets of actors:
2. Duty Bearers
ese actors are responsible for creating the conditions needed
to realize the human rights of claimholders. ey primarily
include state actors (government institutions at all levels) but
also non-state actors who can in uence whether claimholders
enjoy their human rights. ey have a legal or moral obligation
to act.
Actors in the HRBA to Development
Planning
e human rights-based approach to development planning
involves three main sets of actors:
3. Other Actors
is broad catego includes various economic, social, and
political interest groups or power blocs. Examples are the media,
NGOs, private businesses, international nancial institutions, trade
unions, and political pa ies. eir actions and demands often
impact both the claimholder's enjoyment of their rights and the
duty bearers' ability to ful ll their obligations.
HRBA adapts the HR principles for
development:
Pa icipation is the direct control, ownership and management
by the people of public decision making… Pa icipation is
inclusive; it actively encourages people to organize themselves
and to genuinely, freely, actively pa icipate in decision making.
Accountability two general approaches towards understanding
accountability:
1. Accountability as answerability, or accountability as deriving
from external
2. Accountability as meeting expectations, or accountability as
self-control based on expectations and norms
HUMAN RIGHTS PRINCIPLES
Nondiscrimination
Equality
Transparency
Human Dignity
Empowerment
Rule of Law
PNP Guidebook on Human Rights-Based
Policing
1. Always pe orm duties under the law
2. Respect and safeguard human rights
3. Use force only when strictly necessa
4. Respect con dentiality
5. Never in ict any act of to ure or ill-treatment
6. Safeguard the health of all those in custody
7. Never commit any act of corruption
8. Respect the law and this Code
Human rights are emphasized in the following
PNP doctrine, code of conduct, and policies:
e PNP Ethical Doctrine states that “all members of the
Philippine National Police… shall se e with utmost responsibility,
integrity, morality, loyalty, and e ciency with due respect to
human rights and dignity as hallmarks of a democratic society”
(PNP Ethical Doctrine Manual, Chapter I, Section 2, DHRDD 1995
Edition).
• e PNP Code of Professional Conduct and Ethical
Standards expressly cites respect for human rights as a high
standard that must be maintained during the pe ormance of
police duties (Chapter III, para 2.9)
Human rights are emphasized in the
following PNP doctrine, code of conduct,
and policies:
Letter of Instructions 55/07 (LOI Pamana) states that members of the Philippine National
Police shall embrace the highest principles of the Universal Declaration of Human Rights. It
“
also emphasizes that respect for human rights and dignity shall apply to eve one including
all members of the police se ice, regardless of education, gender, religion, political beliefs
and all other types of status.
• PNP Core Values seek to instill in all PNP personnel a godly (Makadiyos) and humane
(Makatao) thoughts and behavior in both their o cial and private life. Being godly and
humane entails having a genuine understanding and respect for human rights. Given the
social, doctrinal, constitutional/legal, and moral rationale behind the police duty and
obligation to promote and protect human rights --- it is, therefore, imperative for the PNP
to review and adopt new policies, systems and procedures that would better protect the
rights of citizens and other stakeholders in Philippine society.
Human rights are emphasized in the
following PNP doctrine, code of conduct,
and policies:
e PNP has three levels of human rights obligations: to respect, protect
and ful ll human rights.
1. To respect human rights means refraining from inte ering with the
enjoyment of people’s rights.
2. To protect human rights means to implement laws that provide equal
protection to all persons from human rights violations by state authorities or
by non-state actors.
3. To ful ll human rights refers to the act of establishing institutions and
implementing systems, mechanisms or procedures that enable people to claim
and enjoy their rights.
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