In your own words, how

would you define Human

Rights?
Basic Principles
of Human Rights
First : “None of us asked to be born. And regardless of
who our parents are and what they own, all of us are born
equally naked and helpless, yet with his own hand, his
own will and talents”.
 All of us have equal rights to life, and share the same
inherent human dignity. Thus we all have the right to life,
to dignity and develop ourselves.
- These are traditionally known as the rights of men.
Second: “Even if we
may not know who
our parents are, we
are never born
without parents, and
never outside
society, a society
with its own peculiar
culture, history and
resources”.
So, besides our rights
as person, we have
rights as society, rights
which we can exercise
collectively as a people.
Thus, we have the right
to survive, to self
determination and to
develop as a people.
- known as the rights of
the people.
Third : “Once a society
reaches a certain degree of
complexity, as almost all
societies have, society can
act only through government.
But a government always
acts as agent of the
society; it never becomes
the society it self; it never
becomes the people
themselves.
As a society grows as a nation, it enters into relationships
with other governments or states. Society enters into
treaties and agrees to abide by the International Law.
Philippine Constitution states “The Philippines….adopts
the generally accepted principles of international law, as
part of the law of the land and adheres to the policy of
peace…..with all nations.”
 30 Universal Human Rights
[Link] human beings are born free and
equal in dignity and rights.
[Link] is entitled to rights and
freedoms without distinction of any kind,
such as race, color, sex, language,
religion, political affiliation or opinion,
national or social origin, property, birth
or any other status.
[Link] has the right to life, liberty
and security of person.
[Link] one shall be held in slavery or
servitude; slavery and the slave trade
shall be prohibited in all their forms.
5. No one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment.
6. Everyone has the right to recognition everywhere
as a person before the law.
7. All are equal before the law and are entitled
without any discrimination to equal protection of
the law.
8. Everyone has the right to an effective remedy by
the competent national court for acts violating the
fundamental rights granted him by the
constitution or by law.
9. No one shall be subjected to arbitrary arrest,
detention or exile.
[Link] is entitled in full equality to a fair and
public hearing by an independent and impartial court,
in the determination of his rights and obligations and
of any criminal charge against him.
11. Everyone charged with a penal offense has the right
to be presumed innocent until proved guilty.
12. No one shall be subjected to arbitrary interference
with his privacy, family, home or correspondence, or
to attacks.
13. Everyone has the right to freedom of movement and
residence within the borders of each State.
14. Everyone has the right to seek and to enjoy in other
countries asylum from persecution.
15. Everyone has the right to a nationality.
16. Men and women of full age, without any limitation
due to race, nationality or religion, have the right to
marry and to have a family.
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.
18. Everyone has the right to freedom of thought,
conscience and religion.
19. Everyone has the right to freedom of opinion and
expression.
20. Everyone has the right to freedom of peaceful assembly
and association. No one may be compelled to belong to
an association.
21. Everyone has the right to take part in the gov’t of his country,
directly or through freely chosen representatives. The will of
the people shall be the basis of the authority of government.
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 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.
23. Everyone has the right to work , to free choice of employment
to just and favorable conditions of work and to protection
against unemployment.
24. Everyone has the right to rest and leisure, including reasonable
limitation of working hours and periodic holidays with pay.
25. Everyone has the right to standard of living adequate for the
health and well-being of himself and of his family, including
food, clothing, housing and medical care and necessary social
services, and the right to security in the event of
unemployment, sickness, disability, widowhood, old age or other lack
of livelihood in circumstances beyond his control.
26. Everyone has the right to education. Education shall
be free, at least in the elementary and fundamental
stages. Elementary education shall be compulsory.
27. 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.
28. Everyone is entitled to a social and international
order.
29. Everyone has duties to the community in which
alone the free and full development of his personality
is possible. In the exercise of his rights and
freedoms, everyone shall be subject only to such
limitations as 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 domestic society.
30. No state, group or person must engage in any activity or
perform any act aimed at the destruction of any of the
universally recognized rights and freedoms.
Principles and characteristics of
Human rights :

inherent, fundamental, inalienable,

imprescriptible, indivisible, universal
and interdependent.
 Human rights are
INALIENABLE because they
cannot be rightfully taken away
from a free individual. An example
is the freedom from torture. No
authority can validly and legally
torture an individual. They cannot
be given away or be forfeited.
 Human rights are
FUNDAMENTAL because
without them the life and dignity
of man will be meaningless.
Some examples of human rights
as fundamental are the right to
individual liberty and security of a
person or freedom of thought or
religion.
 Human rights are
INHERENT because they are
not granted by any person or
authority. They do not need
any event for their existence.
Some examples of these rights
are the right to life and the
right to dignity as human
being.
 Human rights are
UNIVERSAL to all human
beings irrespective of their
origin, status or condition or
place where they live. Human
rights are universal because
said rights can be enforced
without national border.
 Human rights are INDIVISIBLE
because they are not capable of
being divided. They cannot be
denied even when other rights
have already been enjoyed.
Examples of these are the freedom
of expression of belief or opinion.
They include the right to freedom
of religion and worship.
 Human rights are
INTERDEPENDENT because the
fulfillment or exercise of one right
cannot be attained without the
realization of the other. The respect
of human rights necessarily
includes the realization of man’s
dignity. An example is the right to
life and existence as a person.
These cannot be realized without the
right to work in order to maintain a
good standard of living.
 Human rights are
IMPRESCRIPTIBLE because
they cannot be lost even by a
long passage of time. Man does
not lose his rights even if he fails
to use or assert them. Some
examples are freedom of
thought, conscience and religion.
 According to Source Classifications of HR

Natural Rights are GOD given rights, acknowledged

by everybody to be morally good. They are unwritten
but they prevail as norms of society.
Constitutional Rights are those rights which are
conferred and protected by the constitution and
which cannot be modified or taken away by the law-
making body.
Statutory Rights are those rights which are provided
by law, promulgated by the law making body and
consequently, may be abolished by the same body.
Constitutional Rights and statutory rights are
sometimes referred to as legal rights.
According to Aspect of Life
Civil Rights are those rights which the law will enforce at the instance
of private individual for the purpose of securing to them the
enjoyment of their means of happiness.

■ Right to Life.

■ Right to liberty

■ Right to freedom from torture

 Civil Rights:

• Right to freedom from discrimination.

• Right to be registered under a name.

• Right to due process.

• Right to be informed of criminal charges.

• Right to be presumed innocent.

• Right to freedom from giving self-incriminating

evidence
• Right to access to relevant information.

• Right to (free) legal assistance.

• Right to choose defense (have a legal counsel of one’s choosing)

• Right to have adequate time and facilities to

prepare defense.
• Right to defend and be heard in person.

• Right to communication with defense counsel.

• Right to receive, seek and impart information.

• Right to freedom of conscience, opinion and political belief.

• Right to freedom of religion.

• Right to humane treatment (freedom from cruel,

degrading, or inhuman treatment or punishment).

• Right to freedom from double jeopardy.

• Right to protection from abuse of authority.

• Right to non-retroactivity of penalty (Ex Post Facto

Law).
• Right to appeal.

• Right to security in one’s privacy of home.

• Right to privacy of communication and

correspondence.
• Right to protection of honor and reputation.
Right to liberty of movement (freedom of travel).

Right to freedom of residence.

Right to marry (including right not to enter into marriage without giving free and full consent).

Right not to be deprived of property arbitrarily.

Right to freedom of imprisonment due to debt.

Right not to be arbitrarily deported.

Right to enter a country and leave the country.

Right to freedom from racial or religious discrimination.

 Classifications of
 According to Aspect of Life HR

Political Rights are those rights which enable us to

participate in running the affairs of the government either
directly or indirectly.

■ Right to self-determination.

■ Right to freedom of expression (including press

freedom).

■ Right to freedom of assembly.

 Political Rights:
• Right to freedom of association.

• Right to vote and be voted upon.

• Right to political participation (to campaign and/or

participate in party politics, etc.).
• Right to free and periodic elections.

• Right to equal access to public service (including right to be

elected to office).
According to Aspect of Life
Economic and Social Rights are those which the law
confers upon the people to enable them to achieve social
and economic development, thereby ensuring them their
well being, happiness and financial security
■ Right to work.

■ Right to choice of employment.

 Economic and Social Rights:
• Right to own property.

• Right to adequate standards of living.

• Right to access to education.

• Right to found a family.

• Right to respect and protection of the family as the fundamental

unit of a society.
• Right to social security.

• Right to insurance.
• Right to social and medical assistance.

• Right to adequate nutrition.

• Right to social welfare benefits and freedom from indispensable research.

• Right to enjoyment of scientific advancements.

Cultural Rights
are those that ensure the well-being of the individual and
foster the preservation, enrichment, and dynamic
evolution of national culture based on the principle of
unity in diversity in a climate of free artistic and
intellectual expression.

■ Right to take part in cultural life.

 According to Recipient Classifications of HR

Individual Rights
are those rights being accorded to individuals.

Collective Rights
(also called “The Peoples Rights” or Solidarity Rights) are
rights of the society, those that can be enjoyed only in
company with others.
According to Derogability
• Derogable or Relative Rights – may be suspended
or restricted or limited depending on the
circumstances which call for the preservation of
social life.

EXAMPLE

- right to freely move maybe limited through the

imposition of curfews
- the right to freedom of expression, freedom of
assembly and freedom of association
 THREE (3) CONDITIONS BEFORE A RIGHT CAN
BE LIMITED/CURTAILED
[Link] is only publicly announced or legislated, it is not by
official whim only/ or provided by law;

[Link] is a state of emergency which requires the

urgent preservation of the public moral, public safety
and public good;

[Link] must be time limit. It must not exceed what is

strictly necessary to achieve its purpose.
 Classifications of HR

 According to Derogability

Non-Derogable or Absolute Rights

are those that cannot be suspended
nor taken away nor restricted/limited
even in extreme emergency and even
if the government invokes national
security.
There are only seven (7) non derogable rights or
ABSOLUTE RIGHTS under the International
Covenant on Civil and Political Rights:

1. Right to life

2. Freedom from torture or cruel,

inhuman or degrading treatment or
punishment

3. Freedom from slavery and slave trade,

servitude or forced or compulsory
labor

4. Freedom from imprisonment on the

ground of inability to fulfill a
contractual
obligation
Non-Derogable Rights:

5. Right against ex post facto law

6. Right to recognition everywhere as a person

before the law

7. Freedom of thought, conscience and

religion
STATE OBLIGATIONS
State Obligation
States have the first and main
responsibility to respect and protect the
rights of people within their territories or
under their effective control

Human
Human Rights
Rights Violation-
Violation- was
was
reserved
reserved to to describe
describe abuses
abuses committed
committed byby
states
states oror state
state actors/agents
actors/agents –– which
which may
may
include
include law
law enforcement
enforcement personnel,
personnel, military,
military,
or
orcivil
civilauthorities.
authorities.
3 Levels of State Obligations
1. To respect human rights – means to refrain from
interfering 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 fulfill human rights – refers to the act of establishing

institutions and implementing systems, mechanisms or
procedures that enable people to claim and enjoy their
rights.
Why the PNP must promote and protect human rights?

 Adversely affect public trust and confidence

towards the police;
 Lead to isolation of the police from the
community and civil unrest;
 Hamper effective prosecution of criminals;
 Let those who are guilty remain free while
making the innocent unjustly suffer.
 Delay or deny justice to be given to victims of
the crime and their families;
 Subject the police and other government
agencies to local and international criticism and
possible sanctions; and
 Make the law enforcer a law breaker.
 PERCEPTION
OF PNP PERSONNEL
ABOUT
HUMAN RIGHTS
 SOME IN THE PNP BELIEVE THAT
HUMAN RIGHTS ARE…

1.1. PROPAGANDA
PROPAGANDAUSED
USEDBY
BYENEMIES
ENEMIESOFOFTHE
THESTATE
STATE
AGAINST
AGAINSTTHE
THEGOVERNMENT.
GOVERNMENT.
2.2. USED
USEDBY
BYSOME
SOMESECTORS
SECTORSTOTOBLAME
BLAME&& HARASS
HARASS
THE
THEPOLICE
POLICE/ /MILITARY
MILITARYEVEN
EVENIF
IFWE
WEARE
ARE“ONLY
“ONLY
DOING
DOINGOUR
OURJOB.”
JOB.”

3.3. ONLY
ONLYPROTECT
PROTECTANTI-GOVERNMENT
ANTI-GOVERNMENTACTIVISTS
ACTIVISTS
AND
ANDDO
DONOT
NOTBENEFIT
BENEFITTHE
THEPNP
PNPAND
ANDAFP.
AFP.

4.4. HINDRANCE
HINDRANCE TO TO MILITARY
MILITARY && POLICE
POLICE
OPERATIONS;
OPERATIONS;ITITIS
ISAN
ANOBSTACLE
OBSTACLETO
TO MISSION
MISSION
ACCOMPLISHMENT.
ACCOMPLISHMENT.
Bakit negatibo ang pananaw ng ibang pulis
tungkol sa HUMAN RIGHTS... at bakit mayroong mga ALLEGED
HUMAN RIGHTS VIOLATIONS?
Dahil kaya....
1. Kulang pa tayo ng kaalaman tungkol sa
human rights?
2. Mas maraming kaalaman yung “kabila” tungkol sa
human rights kaya nagagamit nila ito laban sa atin?
3. Kulang pa tayo sa professional competency at may hindi tayo sinusunod na procedure o proseso?
 HUMAN RIGHTS IN LAW ENFORCEMENT

WE ARE ALL HUMAN. ALL OF US HAVE HUMAN RIGHTS.

HUMAN RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
CULTURAL THE PNP /
THE PEOPLE GOVERNMENT
 HUMAN RIGHTS IN LAW ENFORCEMENT Art. II Sec. 1
1987 Phil. Constitution:
PEOPLE GIVES “Sovereignty resides in the
People…”
POWER & AUTHORITY

HUMAN RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
CULTURAL THE PNP /
THE PEOPLE
GOVERNMENT

POWERS OF THE STATE:

[Link] of Eminent Domain
[Link] of Taxation
[Link] Power
 Article 2, Sec. 4
HUMAN RIGHTS IN LAW ENFORCEMENT 1987 Phil.
Constitution:
The prime duty of
Government is to Serve
and Protect the People.
PEOPLE GIVES AUTHORITY
HUMAN RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
CULTURAL

THE PEOPLE THE PNP /

GOVERNMENT
PNP MUST USE AUTHORITY
TO SERVE & PROTECT
THE PEOPLE
 HUMAN RIGHTS IN LAW ENFORCEMENT
PNP AS HUMAN RIGHTS PROTECTOR.

HUMAN RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
CULTURAL

THE PEOPLE THE PNP

OUR PHILOSOPHY:
Service, Honor, Justice
Protecting Human Rights is rendering professional
SERVICE… treating people with dignity and HONOR…and
improving delivery of JUSTICE to the oppressed and victims
of crime.
 LEGAL BASES WHY THE PNP IS A HUMAN RIGHTS PROTECTOR
LEGAL BASES WHY THE PNP IS A HUMAN RIGHTS PROTECTOR
PNP ETHICAL PNP MOTTO PNP CODE OF PNP HYMN PNP PLEDGE PNP BADGE PNP CORE LOI 55/07
DOCTRINE CONDUCT OF HONOR VALUES “Pamana”

Chapter I To Serve Chapter 3 Bantay ng I will You have Makadiyos “...all members
Sec. 2: and Para 2: katahimikan... love been Makatao of the PNP shall
Protect... and entrusted Makabayan embrace the
“… all members “...respect for serve God, with the Maka- highest
of the Philippine human rights as PNP Country and Badge as a Kalikasan principles of
National Police… a high standard Lingkod People... symbol of the universal
shall serve with must be ng bayan your declaration of
utmost maintained in worthiness human rights.”
responsibility, the Kriminal as a police
integrity, performance of aming officer...
morality, loyalty, police duties.” kalaban
and efficiency to serve and
with due respect Mamamayan protect the
to human rights paglilingkuran people from
and dignity as whom you
hallmarks of a derive the
democratic power and
society,” authority to
enforce the
laws of the
land without
fear or
favor.
IF THE PNP IS SUPPOSED TO SERVE AND PROTECT THE PEOPLE…
WHY ARE THERE ALLEGED HUMAN RIGHTS VIOLATIONS?

THE PEOPLE THE PNP

 ROOT CAUSES OF HUMAN RIGHTSVIOLATION

Law Enforcement
(PNP)
GAP Mission
Accomplishment
 Arrest/Conviction of Criminals.
Crime Solution.
Justice for Victims.
Saving of lives.
Law enforcement.
Peace & Order.

LawEnforcement
(PNP)
GAP Mission
LawEnforcement
(PNP)
GAP
UNPROFESSIONAL
BEHAVIOR

INCOMPETENCY
x
Mission
Accomplishment
 What happens when we don’t bridge the gap?
 CRIMES ARE NOT SOLVED
 JUSTICE DELAYED,
JUSTICE DENIED.

x
 THE PNP LOSES
TRUST & CONFIDENCE OF
THE COMMUNITY
 PNP / GOVERNMENT
SUFFERS FROM CRITICISM
FROM MEDIA & OTHER
Law Enforcement SECTORS; Mission
 OUR RELATIONS WITH Accomplishment
THE INTERNATIONAL
COMMUNITY IS AFFECTED.
 HUMAN RIGHTS VIOLATIONS
ARE COMMITTED.
 WE COULD FACE CRIMINAL
& ADMINISTRATIVE CHARGES
END OF POLICE CAREER
 HOW DO WE BRIDGE THE GAP?

Law Enforcement Mission

(PNP) Accomplished
 PROFESSIONALISM
(By: Candice Solie, VP of Profile Evaluations, Inc, Minnesota, USA)
-A set of internalized
character strengths &
values
- Not just a set of
appearance -High quality service to
others
Nor just technical skill
-Show of self-respect

-Commitment to excellence,
adherence to high standard
of behavior

-See work as service to

others

-High level of responsibility

& respect to other’s rights
 HOW DO WE BRIDGE THE GAP?

Mission
Law Enforcement
Accomplished
(PNP)
COMPETENCY
“To Serve and Protect” – Human Rights and
Humanitarian Law for Police and Security Forces,
published by ICRC)
Does not only mean “AUTHORIZED”.
The mental and physical aptitude and attitude of
police officer in reacting to circumstance.
Develop capacity through S – P – E – A – K
(Skill, Perception, Experience, Ability, & Knowledge)
Not affected by pressure, influence and temptation.
 HOW DO WE BRIDGE THE GAP?

Law Enforcement Mission

(PNP) Accomplished

“All police personnel shall first and

foremost be mindful and considerate of
the protection of every citizen’s honor,
human rights, and safety in the pursuit of
their responsibility in law enforcement.”
 HOW DO WE BRIDGE THE GAP?

Law Mission
Enforcement Accomplished
(PNP)

RIGHTS-BASED
POLICING
WHAT IS HUMAN
RIGHTS-BASED
POLICING?
 What is Human Rights-Based
Policing?
Human Rights-Based Policing (HRBP) is the
comprehensive, systematic, and institutional adherence
to national or domestic laws on human rights; and
compliance with international human rights principles,
standards, and practices as well as treaties, conventions,
and protocols related to law enforcement or police
functions.
HRBP is also an approach to policing that defines the
relationship between individual citizens and various
groups or sectors of society as Claim Holders whose
rights have to be respected and protected by the police;
and the Police as Duty Bearers that have obligations to
respect, protect and fulfill human rights. HRBP aims to
empower claim holders to claim their rights, while
strengthening the capacities of duty bearers to meet
their duties and obligations as human rights protector s.
 Characteristics of Human Rights-
Based Policing
1. Strict Observance of Police Policies and Operational
Procedures Human Rights-Based Policing entails strict
observance of police policies and operational
procedures.
2. Adherence to National/Domestic and International
Laws, Treaties, Standards, and Protocols on Human
Rights.
3. Professional Competence and Courteous Service
4. Respect for Rule of Law and Civilian Supremacy
5. Pro-Democracy and Pro-Citizen Human Rights-Based
Policing is democratic and citizen centered.
THANK YOU 