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. This approach
recognizes that groups highly susceptible to abuse and
human rights deprivations—such as people living in
poverty, women, children, indigenous peoples, the
elderly, persons with HIV/AIDs, and persons with
disabilities—require special measures and
protection to address their specific vulnerabilities and
ensure their rights are upheld.
Actors in the HRBA to Development
Planning
Actors in the HRBA to Development
Planning
The human rights-based approach to development
planning involves three main sets of actors:
1. Claimholders
- These are individuals or groups whose rights must be
considered in development planning. They are the people
who are affected (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
The human rights-based approach to development
planning involves three main sets of actors:
2. Duty Bearers
These actors are responsible for creating the conditions
needed to realize the human rights of claimholders. They
primarily include state actors (government institutions
at all levels) but also non-state actors who can
influence whether claimholders enjoy their human rights.
They have a legal or moral obligation to act.
Actors in the HRBA to Development
Planning
The human rights-based approach to development
planning involves three main sets of actors:
3. Other Actors
This broad category includes various economic, social, and
political interest groups or power blocs. Examples are the
media, NGOs, private businesses, international financial
institutions, trade unions, and political parties. Their
actions and demands often impact both the claimholder's
enjoyment of their rights and the duty bearers' ability to fulfill
their obligations.
HRBA adapts the HR principles for
development:
Participation is the direct control, ownership and management
by the people of public decision making… Participation is
inclusive; it actively encourages people to organize themselves
and to genuinely, freely, actively participate 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 perform duties under the law
2. Respect and safeguard human rights
3. Use force only when strictly necessary
4. Respect confidentiality
5. Never inflict any act of torture 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:
The PNP Ethical Doctrine states that “all members of the
Philippine National Police… shall serve with utmost
responsibility, integrity, morality, loyalty, and efficiency 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).
• The PNP Code of Professional Conduct and
Ethical Standards expressly cites respect for human rights
as a high standard that must be maintained during the
performance 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 everyone including all members of the police service, 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 official 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:
The PNP has three levels of human rights obligations: to respect,
protect and fulfill human rights.
1. To respect human rights means refraining 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.
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