STATE

CURRENT STATE OF HUMAN

RIGHTS IN THE PHILIPPINES
LESSON OBJECTIVES:
At the end of this lesson, learners should be able:
1. discuss the events that took place under President
Duterte’s administration; and
2. discuss the facts behind the current situation of
human rights in the Philippines.
DEFINITION OF TERMS:

• Extrajudicial Killing (EJK) - Killing of a person by

authorities, without judicial sanction
• Martial Law - Essentially placing civil functions under
military control for specitiC reasons, such as "lawless
violence, invasion, or rebellion" (Art. VII, Sec. 18, 1987
Philippine Constitution)
What are your
insights about
former PRRD’s
War on Drugs?
War on Drugs - The original goal of the
campaign was to eradicate the plague of drug
use in the Philippines. With this, the president
ordered the country's police forces to g0 on a
campaign of seizing people whom they believe
are related to drug use drug trade, with the
instruction that if those caught resist
("nanlaban"), the police are allowed to fight
back and kill the suspect. The most
controversial aspect of the drug war is that
President Duterte offered a reward/bounty to
certain people who turn in people related to
drug use, "dead or alive." With this premise,
laW enforcers overzealously took action and
spearheaded the campaign, now serving as the
major players behind the war on drugs.
THE EXTRAJUDICIAL KILLINGS

As the campaign started, bodies upon

bodies of people reportedly involved in drugs
have been reported. Police forces have
started acting upon the lives of people
without the sanction of any legal process.
Minors started becoming casualties as
masked unidentified gunmen also started
taking part in the campaign, which was said
to have no connection with the police and
were isolated cases. The extrajudicial killings
or EJKs have caused public disagreement,
as some believe that human rights of people
should still be prioritized, and some agree
that killing people involved with drugs would
help the country in general.
The Kian Loyd delos Santos Case
This case was one of the infamous
examples of EK, among the many casualties of
the war on drugs. The 17-year-old Kian Loyd
delos Santos was shot and killed during the Oplan
Galugad that took place on the night of August 16,
2017 in Caloocan City. The victim allegedly
"fought back at the police and shot a gun against
them" when contronted by the police. A gun and
two sachets of shabu were recovered from the
body of Kian, which the relatives said neither
belonged to him. A CCTV footage came out,
falsifying the claim against Kian, and it showed
that Kian was on the floor, begging for his life
before a series of gunshots. This caused a public
outcry, and the three police involved in the case
were criticized by the public.
THE MARTIAL LAW IN MINDANAO

The Martial Law in Mindanao. On May 23, 2017, the

rising conflicts in Mindanao, specifically in Marawi
between the Armed Forces of the Philippines and the
Islamist group forced the president to place the whole
of Mindanao, including Basilan, Sulu, and Tawi-Tawi
under Martial Law. The major implication of this was
that the writ of Iabeas corpus was going to be
suspended, which meant that public officials are
allowed to detain individuals without bringing the said
person to the court of law. This caused public fear and
dismay, as many have theorized that Duterte was
going to use this and extend Martial Law not only in
Mindanao, but also all over the country. It is well-
known that the country has once undergone Martial
Law under the regime of Marcos, resulting in
thousands of casualties and missing victims that are
still not found up to this day.
Release of the Drug Lords Case
A matrix was released and certain individuals
were identified to be the "big guns" involved in drug
trafficking in the country. Among those were Peter
Lim and Kerwin Espinosa. Peter Lim denied the
accusation that he was a drug lord in the country, but
Kerwin Espinosa surrendered and acted as a witness
for the court. He alleged Peter Lim to be his Supplier.
Despite Kerwin Espinosa's confessing as to being a
drug lord, the court dismissed his charges together
with Peter Lim due to lack of evidence. Duterte later
on furmed with anger by this court decision and
ordered Lim to be arrested, who has now gone
missing. The president was infamously remembered
stating "Commit suicide rather than surrender." This
sparked conspiracy theories such as that the
president was doingg this in an attempt to cover up
his "buddy" among the public.
President Threatening to Leave UN

As the United Nations grew wary of

the "war on drugs," the UN repeatedly
tried to condemn the drive as a violation
of human rights. The president then
threatened to "separate" from the UN and
form another body with China and African
nations. This sparked controversy not
only in the Philippines but also all around
the world. From this point on, the
president started to become a notorious
figure. It can be noted that it is also
around that time that the president started
to strengthen relations with China.
 Oplan Tokhang:
This was part of the war on drugs
campaign, famously known as an operation
where police would knock on the doors of
suspected users and ask them to
surrender. Do remember that one of the
presidenť's mandates for the police is if the
suspect "fights back," they are free to gun
down the alleged suspect. This caused
dismay among the public as the cases
seem to be targeted to the poor and the
minors only. Thousands of casualties were
recorded and further caused public dismay.
The Human Shield Case

Another minor casualty was recorded, as another

child's life was taken. The three-year-old was in her home
during the anti-drug operation in Rizal. The police stated
that the suspect used the child as the human shield
against them. The casualties were the lives of one police,
the suspect, and the child. The police were later criticized
as it was deemed to be a "lame excuse" to cover up the
casualties, as it does not make sense for a father to use a
child as his own shield and how poorly the operation was
handled. The mother's testimony also stated that the child
was not used as a shield.
Arguably, there have been disputes over whether
the country has become a safe place or not as a result of
the drug war, in which facts will be discussed to
understand the current situation of human rights in the
country.
The Death Toll

As of June of 2019, the death toll of

people involved in drugs is "estimated" to be
around 6,000 people. Do note that this is the
official number stated by the police, which means
that this does not include the number killed by
masked unidentified gunmen. The Philippine
National Police (PNP) then stated that those
"homicides" totaled about 22,983. Also, it is
important to note that almost majority of the
victims are under the P10,000 income, which
classify them as the lower end of the social
hierarchy. This is why the war on drugs has been
branded "anti-poor" and more often the rich ones
(Peter Lim Case) have not been touched or let
free.
Crime Rate

Crime rate in the country has been down

since the start of the war on drugs regime. The
PNP data showed a 22.6% drop in index crimes
such as murder, homicide, physical injury, rape,
robbery, theft, and carnapping. With the police and
the administration showing that they are not scared
to get their hands stained with blood, criminals are
now more wary on committing crimes. However, it
is not a testing meter to conclude the success and
effectiveness of the drug war. There are so many
more factors that could be attributed to the
decrease in crime rate (do note that there is a
decline in the population after the drug war after all)
before we get to conclude its effectiveness, which
is a whole different topic.
Tourism

The country s tourism industry,

especially during the start of the drug war got
hit hard. At one time, the tourism secretary
urged the media to " tone down" coverage of
Duterte's drug war, as EJK was scaring away
[Link] would be a huge problem
coming forward, as one of the main economic
weights of the country was coming from
tourism. Thankfully, the country's tourism
aspect recovered due to the efforts of the
tourism industry in making sure that
foreigners are safe from EJK.
Innocent Lives

It is no secret that innocent

lives are at risk during the war on
drugs campaign. At one point, normal
citizens were so scared of going out
during the public outrage about the
Kian delos Santos case, as more
teenagers were killed during that
same week. t is also no secret that as
long as the drug war continues, more
innocent lives would be taken as
police officers have said that there
would always be casualties.
Drug Use Rate

People who use drugs in the

Philippines went from the estimated 1.7
million up to the estimated 4 million
despite the current war on drugs. As
mentioned before, this is why the
effectiveness of the drug war cannot be
measured by one factor only. In defense
of this, the Philippine Drug Enforcement
Agency (PDEA) stated that this number
is a metric on how effective the drug war
is, as the increase in population is
caused by the number of people coming
forward on using drugs.
One of the Most Dangerous

Based on the Armed Conflict Location and

Event Data Projects' (ACLED) findings, it was
stated that the Philippines was among the most
dangerous Countries in the world to be in,
ranked at number four. With the death toll of
more than thousands, after all, it is reasonable
as to why the country was ranked fourth in the
most dangerous list, especially that the police
themselves are aware that innocent lives are at
stake and they still continue the process of the
war on drugs. This can scare away potential
foreigners that would come into the country, as
other countries are known to have legalized the
use of some drugs.
CONVENTIONS
INTERNATIONAL CONVENTIONS
ON HUMAN RIGHTS
LESSON OBJECTIVES:
At the end of this lesson, learners should be able:
1. Identify international conventions on human rights;
and
2. discuss the important provisions of these international
conventions.
DEFINITION OF TERMS:

• Conventions - Formal agreements, which are

legally binding oncontacting states; also refered as
to treaty.
• UN Human Rights Office of the Higher
Commissioner - A United Nations agency
responsible for promoting and protecting human
rights.
INTERNATIONAL CONVENTION ON THE ELIMINATION
OF ALL FORMS OF RACIAL DISCRIMINATION (ICERD)
Adopted on December 21, 1965, this convention upholds that “the
existence of racial barriers in repugnant to the ideals of any human
society.” Therefore, it seeks to combat all forms of racial discrimination.
Article5:
a) equal treatment before tribunals and other organs before
administering justice
b) right to securityof person and protection by the state
c) political rights
d) civil rights
e) right to access to any place or service for public use
 INTERNATIONAL CONVENANT ON CIVIL
AND POLITICAL RIGHTS (ICCPR)

Adopted on December 16, 1966, this

convention sates that “by virtue of that right
they are freely determine their political status
and freely pursue their economic, social, and
cultural development”
• Article1 – Right to self-determination • Article 15 – No one can be guilty of an act of a
• Article2 – Right to effective remedy, defined by criminal offence which did not constitute a criminal
competent authorities offence.
• • Article 16 – Right to recognition as a person before
Article 6 – Right to life.
the law.
• Article 7 – Freedom from torture. • Article 17 – Freedom from arbitrary or unlawful
• Article 8 – Right to not be enslaved. interference.
• Article 9 – Right to liberty and security of the • Article 18 – Right to freedom of thought,
person. conscience and religion.
• Article 10 – Rights of detainees. • Article 19 – Right to hold opinions without
• Article 11 – Right to not be imprisoned merely on interference.
the ground of inability to fulfil a contractual • Article 20 – Propaganda for war shall be prohibited
obligation. by law.
• Article 12 – Freedom of movement and choice of • Article 21 – Right of peaceful assembly.
• residence for lawful residents. • Article 22 – Right to freedom of association with
• Article 13 – Rights of aliens. others.
• Article 23 – Right to marry.
• Article 14 – Equality before the courts and
• Article 24 – Children’s rights
tribunals.
• Article 25 – Right to political participation.
• Right to a fair trial.
• Article 26 – Equality before the law.
• Article 27 – Minority protection.
 INTERNATIONAL CONVENANT ON ECONOMIC,
SOCIAL, AND CULTURAL RIGHTS (ICESCR)
Adopted on December 16, 1966, this convention provides “to ensure the equal
right of men and women to the enjoyment of all economic, social, and cultural rights.”
a) right to work and just favorable conditions at work (Art. 6-7)
b) right to from trade unions and right to strike, as long as in conformity with the
laws of the country (Art.8)
c) right to social security, social protection, and adequate standard of living (Art. 9-
11)
d) right to highest attainable standard of health--both physical and mental (Art.12)
e) right to education (Art.13-14)
f) right to cultural rights, enjoyment of scientific progress and technologies, and
enjoyment of benefits from one’s creative production (Art. 15)
 CONVENTION ON THE ELIMINATION OF ALL FORMS
OF DISCRIMINATION AGAINST WOMEN (CEDAW)
Adopted on December 18, 1979, this convention upholds the equality of
rights of men and women in line with existing international covenants on human
rights. However, the same recognizes that despite these instruments, the
discrimination of women persists, which necessitates the creation of this specific
treaty.
a) discrimination against women (Art.1)
b) an embodiment of gender equality in national laws (Art.2)
c) ensuring women development (Art.2)
d) gender equity in political and civil endeavors (Art. 7-9)
e) education (Art. 10)
f) employment (Art. 11)
g) health care (Art. 12)
 CONVENTION AGAINST TORTURE AND OTHER
CRUEL, INHUMAN, OR DEGRADING TREATMENT OR
PUNISHMENT (CAT)
Adopted on December 10, 1984, this convention was anchored on the Universal
Declaration of Human Rights and the ICCPR. It upholds that "no one shall be
subjected to torture or to cruel, inhuman, or degrading treatment or punishment."

• It prohibits return or extradition of a person when there is danger of torture in the

home country (Art. 3).
• It also ensures that commission, complicity, or participation in torture is considered
as legal offenses (Art. 4) and
• that torture victims (and their families, if the victim dies) obtain redress and
adequate compensation (Art. 14)
OTHER INTERNATIONAL CONVENTIONS

Convention on the Rights of the Child (CRC), adopted on November

20, 1989, serves as the foundation of the pillars of children's rights,
namely survival, protection, development, and participation.

International Convention on the Protection of the Rights of All

Migrant Workers and Members of Their Families (ICMW), adopted
on December 19, 1990, defines the various types of migrant workers
and taking from previous international conventions of rights,
emphasized that they too apply to all individuals engaged in
remunerated activity in a country in which one is not a citizen.
OTHER INTERNATIONAL CONVENTIONS
International Convention for the Protection of All Persons from
Enforced Disappearance (CPED), adopted on December 20, 2006,
defines enforced disappearance as "the arrest, detention, abduction, or
any other form of deprivation of liberty by agents of the State or by
persons or groups or persons acting with the authorization, support, or
acquiescence of the State, followed by a refusal to acknowledge the
deprivation of liberty or by concealment of the fate of whereabouts of the
disappeared person, which place such a person outside the protection of
the law” (Art.2)

Convention on the Rights of Persons with Disabilities (CRPD),

adopted on December 13, 2006, seeks to protect the rights of person
with various forms of disability.
 SOME OPTIONAL PROTOCOLS
• Optional protocol to the Covenant on Economic, Social, and Cultural Rights (December 10, 2008)
• Optional protocol to the International Covenant on Civil and Political Rights (December 16, 1966)
• Second Optional Protocol to the International covenant on Civil and Political Rights, aiming at the
abolition of the death penalty (December 15, 1989)
• Optional Protocol to he Covention on the Elimination of Discrimination Against Women (December
10, 1999)
• Optional protocol to the Convention on the Rights of the Child on the Involvement of Children in
Armed Conflict (May 25, 2000)
• Optional protocol to the Convention on the Rights of the Child on the Sale of Children, Child
Prostitution, and Child Pornography (May 25, 2000)
• Optional protocol to the Convention on the Rights of the Child on a Comunications Procedure
(April 14,2014)
• Optional protocol to the Convention Against Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment (December 18, 2002)
• Optional protocol to the Convention on the Rights of Persons with Disabilities (December 12, 2006)
 LIST OF GENERAL INTERNATIONAL HUMAN RIGHTS
INSTRUMENTS
• Universal Declaration of Human Rightd (1948)
• International Convention on the Elimination of All Forms of Racial Discrimination
(1965)
• International Covenant on Civil and Political Rights (1966)
• International Covenant on Economic, Social, and Cultural Rights (1966)
• United Nations Covention on the Elimination of All Forms of Discrimination Against
Women (1979)
• United Nations Covention on the Rights of the Child (1989)
• United Nations Covention on the Rights of Persons with Disabilities (2006)
• European Covention on Human Rights (1950)
• European Social Charter (1961)
• Charter of Fundamental Rights of the European Union (2000)
INSTITUTIONAL
INSTITUTIONAL SETTING OF
HUMAN RIGHTS
LESSON OBJECTIVES:
At the end of this lesson, learners should be able:
1. Define national human rights institutions;
2. discuss NHRIs’ functions and types; and
3. explain Paris Principles
DEFINITION OF TERMS:

• National Human Rights Institutions (NHRIs) -

Institutions created for the promotion and protection
of human rights, expecially of vulnerable and
marginalized groups.
• Paris Principles - Principles that enlighten the
function of national human rights institutions
NATIONAL HUMAN RIGHTS INSTITUTIONS

In the Philippines, the primary human rights institution is the

Commission on Human Rights. Created under the 1987 Constitution,
the CHR was established through Executive Order No. 163 on May 5,
1987. In a nutshell, the Commission is tasked to investigate human
rights violations among vulnerable groups.
Internationally, NHRIs collaborate and cooperate through the
Global Alliance for National Human Rights Institutions (GANHRI),
which is established in 2003. This international association helps
NHRIs link with UN Human Rights Council, provides platform for
cooperation, builds capacities of NHRIS, assists NHRIs under threat,
and may also help governments establish NHRIs (GANHRI, n.d.).
FUNCTIONS OF NHRI
1. They take charge of handling and
facilitating human rights complaints.
2. They promote access to information through
human rights education.
3. They are also tasked to provide legal reform
recommendations as necessary.
 UN Human
Rights Council

GANHRI GANHRI

NHRIs NHRIs

CHR CHR CHR CHR

 TYPES OF NHRI
According to GANHRI (n.d.), the following are the types of models of NHRIs
worldwide:
[Link] rights commissions. This NHRI is often focused on abuses committed by
individuals, groups, or governments (Pinheiro & Baluarte, 2000)
2. Human rights ombudsman institutions. This NHRI is often focused on abuses
committed by public officials or institutions (Pinheiro & Baluarte, 2000).
3. Hybrid institutions. This is when the human rights commission also takes on the
function of the ombudsman commission.
[Link] and advisory bodies. This is primarily focused on offering legal
recommendations to enhance human rights protection and promotion.
[Link] and centers. These are institutions focused on providing support,
conducting research, and implementing human rights education for specific
marginalized or vulnerable group.
6. Multiple institutions. Sometimes, human rights protection and promotion are made
possible through a collaboration of several institutions working together.
 PARIS PRINCIPLES
• Be independent of the government, with such independence guaranteed either by
statutory law or constitutional provisions;
• Be pluralistic in their roles and membership;
• Have as broad a mandate as possible, capable, in the context of the Convention, of
collectively promoting, protecting, and monitoring the implementation of all aspects of
the Convention through various means, including the ability to make
recommendations and proposals concerning existing and proposed laws and policies;
• Have adequate powers of investigation, with the capacity to hear complaints and
transnmit them to the competent authorities;
• Be characterized by regular and effective functioning;
• Be adequately funded and not subject to financial control, which might affect their
independence; and
• Be accessible to the general public and in the context of the Convention, particularly
to persons with disabilities, including women with disabilities and children with
disabilities, and their representative organizations.
WOMEN-RELATED LAWS
The following are Philippine women-related laws:

– RA 6949: Declaring March 8 as National Women's Day

– RA 7877: Anti-Sexual Harassment Act of 1995
– RA 8353: Anti-Rape Law of 1997
– RA 8505: Rape Victim Assistance and Protection Act
– RA 9208: Anti-Trafficking in Person Act of 2003
– RA 9262: Anti-Violence against Women & Their Children Act of 2004
CHILDREN-RELATED LAWS

The following are Philippine children-related laws:

– RA 9344 - “Juvenile Justice and Welfare Act”

– RA 11188 - Special Protection of Children in Situations of
Armed Conflict Act
– RA 7610- "Special Protection of children Against Child Abuse,
Exploitation and Discrimination Act"
LAW ENFORCEMENT
HUMAN RIGHTS IN
PHILIPPINE LAW
ENFORCEMENT
 WHO HAS THE
OBLIGATION IN
HUMAN RIGHTS?
INDIVIDUAL OBLIGATIONS IN HUMAN RIGHTS
All human rights, regardless of category, are indivisible and
interdependent - realizing one rights is an essential condition for or is
instrumental in realizing other rights, such as the rights of the supects
as enshrined and guaranteed by no less than the Constitution.
Protection of human rights is continually observed and subject to very
defined exceptions. Protection of human rights is essentially a matter
of learning and understanding the basic human rights of a person and
acting in accordance with those rights in dealing with every individual--
whether the law enforcement's side or the citizen's side. This means
that human rights must come from both ends-the law enforcement
agent must respect the rights and dignity of the person they are in
contact with, and the latter must respect the authority and dignity of
the law enforcement agent.
STATE OBLIGATIONS IN HUMAN RIGHTS

• Obligation to respect human rights: Refrain from illegal and

disproportionate actions. Avoid unjustified interference, such as
the right to privacy and the sanctity of a home. For example, the
law enforcement agent must conduct his or her search or frisking
to the extent of not absolutely invading the right of the privacy of
the person arrested. Search incidental to a lawful arrest must be
limited to patting weapons that the person arrested may have so
as not to endanger the life of the arresting officer. In the same
manner, the utmost cooperation of the person arrested must be
expected so as not to hamper the effective performance of the
duties of the law enforcement officer or arresting officer.
STATE OBLIGATIONS IN HUMAN RIGHTS

• Obligation to protect human rights: Take executive, legislative,

and judicial action to ensure human rights of every human being
such as the rights of persons arrested and under custodial
investigation under Republic Act No. 7438 in which case the
state must come up with laws to protect its citizens from
hampering their human rights such as the right to speedy
disposition of their criminal cases, such as the Supreme Court
ruling on inordinate delay as well as the right to bail whenever a
person is lawfully arrested without a warrant of arrest. These
rules are all enshrined by no less than the 1987 Constitution.
STATE OBLIGATIONS IN HUMAN RIGHTS

• Obligation to fulfill human rights: means that States must

take positive action to facilitate the enjoyment of basic
human rights. In law enforcement, a classic example of the
government's obligation to fulfill is the treatment of children
in conflict with the law under Republic Act No. 9344 where a
child involved in a crime should not be treated similarly with
other persons who belong to the age of majority. A child is
not bound to disclose any records of the judicial proceedings
if phe or she got involved in a crime while he or she is still a
minor.
 POLICE OBLIGATIONS IN HUMAN RIGHTS

When a police officer arrests a suspect, he or she

is interfering with that suspect’s human right to personal
liberty and security. The basis for interfering or
deprivation of liberty brought about by arrest is to
protect the life of others or to enforce the law but at all
times must have basis in law.
Here are some examples of the application of Human
Rights principles that call for protection and respect by
police authorities:
Human Rights Police should Police should not
Life Take appropriate action in Use excessive lethal force
case of threats to life and
property
Freedom from torture and Act on domestic violence Intimidate during interrogation
illtreatment swiftly and use excessive physical
force
Personal liberty and fair trial Uphold and respect the Arrest without sufficient
person’s right to be informed ground(s)
of the nature and cause of
arrest/ accusation
Peaceful assembly Maintain peace and order Unlawfully disperse or low or
no tolerance
CHARACTERISTICS OF HUMAN RIGHTS

• Internationally guaranteed
• Legally protected
• Focus on the dignity of the human being
• Protect individuals and groups
• Oblige States and States actors
• Cannot be waived and taken away
• Equal and Interdependent
• Universal
WHO MAKES HUMAN RIGHTS RULES?

The States
MONITORING OF HUMAN RIGHTS
NATIONAL LEVEL
• Concerned government agencies and services, including the police;
• National Human Rights Institutions (such as human rights commission);
• Human Rights and nongovernmental organizations (NGO’s)
• The courts;
• Parliament;
• The media;
• Professional Organizations (such as lawyers, criminologists, etc.,)
• Trade Unions
• Religious organizations; and
• Universities and their human rights center.
MONITORING OF HUMAN RIGHTS

INTERNATIONAL LEVEL

• Regional organizations and Institutions

• United nations through conventional (treaty-based)
mechanisms
• extra-conventional (charter-based) mechanisms
• Peacekeeping and human rights operations
 LIST OF GENERAL INTERNATIONAL HUMAN RIGHTS INSTRUMENTS
a. Universal Declaration of Human Rights (1948)
b. International Convention on the Elimination of All Forms of Racial Discrimination
(1965)
c. International Covenant on Civil and Political Rights (1966)
d. International Covenant on Economic, Social and Cultural Rights (1966)
e. United Nations Convention on the Elimination of All Forms of Discrimination Against
Women (1979)
f. United Nations Convention on the Rights of the Child (1989)
g. United Nations Convention on the Rights of Persons with Disabilities (2006)
h. European Convention on Human Rights (1950)
i. European Social Charter (1961)
j. Charter of Fundamental Rights of the European Union (2000)
 SELECTED INTERNATIONAL HUMAN RIGHTS FOR LAW
ENFORCEMENT OFFICIALS
1. UN Convention Against Torture and Other Cruel, Inhuman, and Degrading Treatment or
Punishment (1984)
2. Optional Protocol to the UN Convention Against Torture and Other Cruel, Inhuman, or
Degrading Treatment or Punishment (2002)
3. European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment (1987)
4. 4. International Convention for the Protection of All Persons from Enforced Disappearance
(2006)
5. UN Code of Conduct for Law Enforcement Officials (1979)
6. UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
(1985)
7. UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990)
8. Council of Europe Declaration on the Police (1979)
9. Council of European Code of Police Ethics (2001)
 THE PHILIPPINE COMMISSION ON HUMAN RIGHTS
• The Commission on Human Rights (CHR)
is an independent National Human Rights
Institution (NHRI) created under the 1987
Philippine Constitution, established on 05
May 1987 by virtue of Executive Order
No. 163.
• The Commission is composed of a
Chairperson and four members, majority
of which must be lawyers under the
constitution.
 WHAT DOES COMMISSION ON HUMAN RIGHTS DO?

The Commission is mandated to conduct investigations on

human rights violations against marginalized and vulnerable sectors
of the society, involving civil and political rights.
The Commission is empowered to investigate all forms of
human rights violations involving civil and political rights, adopt
rules of procedure and issue contempt citations, provide
appropriate legal measures for the protection of human rights of all
criminals within the Philippines, and several other powers in relation
to the protection of human rights.
 OBJECTIVES OF COMMISSION ON HUMAN RIGHTS IN THE
PHILIPPINES
1. Investigate human rights violations involving civil and political rights;
2. Adopt its guidelines and rules of procedure and cite for contempt for
violations thereof in accordance with the Rules of Court;
3. Provide appropriate legal measures for the protection of human rights of
all persons within the Philippines as well as Filipinos abroad, and provide
for preventive measures and legal services to the underprivileged whose
human rights have been violated or need protection;
4. Exercise visitorial powers over jails, prisons, or detention facilities;
5. Establish a continuing program of research, education, and information to
enhance respect for the primacy of human rights;
OBJECTIVES OF COMMISSION ON HUMAN RIGHTS IN THE PHILIPPINES
6. Recommend to Congress effective measures to promote human rights
and to provide assistance or compensation to victims of violations of human
rights or their families;
7. Monitor the Philippine Government's compliance with international treaty
obligations on human rights;
8. Grant immunity from prosecution to any person whose testimony or
whose possession of documents or other evidence necessary or convenient
to determine the truth in any investigation conducted by it or under its
authority.
9. Request the assistance of any department, bureau, office or agency in the
performance of its functions,
10. appoint its officers and employees in accordance with law; and,
11. Perform such other duties and functions as may be provided by law.
WHAT IS THE VISION AND MISION OF HUMAN RIGHTS COMMISSION?

VISION MISSION
As conscience of government and
A just and humane
the people, we seek truth in human
Philippine society of persons rights issues. As beacon of truth, we
equal in opportunity, living a make people aware of their rights, and
life of dignity, and forever guide government and society towards
vigilant against abuses and actions that respect the rights of all,
oppression. particularly those who cannot defend
themselves — the disadvantaged,
marginalized, and vulnerable.
COMPOSITION
OF THE
COMMISSION
ON HUMAN
RIGHTS
CORE PROGRAMS OF COMMISSION ON HUMAN RIGHTS
HUMAN RIGHTS PROTECTION SERVICES
• Documentation and management of complaints of human rights violations
• Monitoring of human rights conditions in detention facilities and penal
rehabilitation centers
• Provisions of independent forensics services and medico-legal services in aid of
investigation

HUMAN RIGHTS PROMOTION SERVICES

• Continuing development of client-based human rights education and training
programs and delivery of client-based education and training project for priority
sectors
• Human rights advocacy campaigns
• Research, documentation, and publications
CORE PROGRAMS OF COMMISSION ON HUMAN RIGHTS
HUMAN RIGHTS POLICY ADVISORY SERVICES
• Issuance of human rights advisories, position papers, statements, and comments on existing and
proposed pieces of legislation, local ordinances, and programs, and practices of government bodies
• Formulation of policy guidelines, implementing rules and regulations on new and/or special human
rights laws
• Independent reports on the government’s implementation of Human Rights treaty provision
SPECIALIZED/THEMATIC HUMAN RIGHTS PROGRAM
• Child Rights Center
• Center for Gender Equality and Women’s Human Rights
• Center for Economic, Social, and Cultural Rights
• Center for Crisis, Conflict, and Humanitarian Protection
COOPERATION AND PARTNERSHIP PROGRAM
• The Commission seeks to forge partnership and cooperative arrangements, protection and
promotion of human rights
 LAW ENFORCEMENT AND HUMAN RIGHTS

Human Rights-Based Policing on National and International Spheres

International human rights law is binding on all states and

their agents, Including law enforcement officials. Human rights
are a legitimate subject for international law and international
scrutiny. Law enforcement officials are obliged to know and
apply international standards for human rights.
 According to the PNP Guidebook on Human Rights, Human Rights-
Based Policing (HRBP) is the comprehensive, systematic, and institutional
compliance with international human rights standards and practices in
the conduct of police or law enforcement functions. It 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 holders that have obligations to respect, protect, and fulfill human
rights. The HRBP also aims to empower claim holders to claim their
rights, while strengthening the capacities of duty holders to meet their
duties and obligations as human rights protectors.
CHARACTERISTICS OF HUMAN RIGHTS-BASED POLICING

• Strictly Observance of Police Policies and Procedures

• Adherence to International Human Rights Standards for Law
Enforcement
• Professional Competence and Courteous Service
• Respect for the Rule of Law and Civilian Supremacy
• Pro-Democracy and Pro-Citizen
 BASIC INTERNATIONAL HUMAN RIGHTS
STANDARDS FOR THE LAW ENFORCEMENT
1. Equal Protection
2. Respectful Treatment
3. Use of Force
4. Policing Non-Violent Assemblies
5. Use of Lethal Force
6. Arresting Persons on Legal Grounds
7. Detainee’s Rights
8. Humane Treatment of Detainees
9. Refusal to Obey Unjust Orders
[Link] Violations
ETHICAL AND LEGAL CONDUCT OF LAW ENFORCEMENT
Police are the first line of defense for human rights. They are the
guardians of the law, including human rights law. The community depends
on the Police to protect the full range of rights through the effective
enforcement of the country’s criminal laws.
The following are some of the most serious human rights violations
requiring police vigilance:

Torture
This refers to any act committed with the intent to cause severe pain
or suffering, mental or physical, for the purpose of:
a) Obtaining information or confession; and
b) Punishing, intimidating, or coercing.
ETHICAL AND LEGAL CONDUCT OF LAW ENFORCEMENT

Enforced or Voluntary Disappearance (Desaparecidos)

This is the arrest, detention, abduction,or other

deprivation of liberty by the government or its agents, or
with their complicity, tolerance, or acquiescence, where the
fate or whereabouts of the victim is not disclosed or
custody is not confirmed.
ETHICAL AND LEGAL CONDUCT OF LAW ENFORCEMENT

Effect of Violation of Human Rights by a Law Enforcement Agent

Surely, a law enforcer will become a law breaker. If the law

enforcer transgresses human rights, he or she also curtailed the
human dignity of a person. Consequently, public confidence is
eroded, and support by the public is diminished. With the
eroded trust, prosecutions in court may be hampered and
doubts may be raised on the integrity of the evidence
submitted by law enforcement officials.
ETHICAL AND LEGAL CONDUCT OF LAW ENFORCEMENT

Effect of Upholding and Protecting Human Rights

The functions of law enforcers, particularly police officers,

serveas a valuable social function. It is a part of the criminal
justice system. Respect for the law means respect for the
community in which he or she belongs. The community can
offer a substantial contribution in solving crimes. Thus,law
enforcement agencies work in hand with the community.
POLICE INVESTIGATIONS
The purpose of criminal investigation is primarily for detection
of crime. Moreover, the investigators can also utilize the investigation
process in the identification and discovery of possible witnesses,
recover, secure and preserve evidences. Thus, in the conduct of an
investigation, the human right to security is the focal issue. If a
person is detected as the would-be perpetrator, the arrested person
is still presumed innocent until proven guilty by our courts of justice.
Thus, if the arrested person is subjected to interrogation, he or she
must be free from torture. If convicted by the courts, his or her
human right that he or she be spared from cruel, inhuman, and
degrading punishment must be strictly observed.
POLICE INVESTIGATIONS

During court proceedings, both parties-the witnesses, private

complainant, and the accused are all entitled to the right to fair
trial. Human rights also recognize prohibition against involuntary
confession or the right against self-incrimination or to testify
against oneself.
POLICE INVESTIGATIONS
Salient Rules on Investigation in Consonance with Human Rights

All investigations, including interviewing of witnesses, victims,

and suspects; personal searches;
searches of vehicles and premise; and interception of
communications:
[Link] not be unlawful, arbitrary, unduly intrusive, or biased;
2 Shall be competent, thorough, prompt, impartial, and lawful
[Link] include careful processing of crime scenes; and
[Link] seek to collect and preserve evidence.
ARREST
Arrest becomes illegal if it is done in an arbitrary manner. Thus,
illegal arrest or detention is deprivation of liberty, without any legal reason
or process, by an act of government or with its complicity, tolerance, or
acquiescence.
Human Rights of an Arrested Person
1. Prohibition of arbitrary arrest
[Link] to be informed of reasons at the time of arrest
3. Right to be promptly informed of the charges
4. Right to be brought promptly to proper authorities for disposition
5. Right to access to a lawyer
[Link] to interpreter, when necessary
7. Right to bail
8. Right to notify family of his or her whereabouts
 THANK YOU FOR
THANK
LISTENING