HANDOUTS IN CLJ 122 (Human Rights Education)

Chapter I. Concept of Human Rights

Introduction

The concept may be problematic in the Philippines but human rights are a vital
component of most modern democracies.
Human rights allow a person to live with dignity and in peace, away from the abuses
that can be inflicted by abusive institutions or individuals. But the fact remains
that there are rampant human rights violations around the world.
To further promote the importance of human rights in the Philippines, December 4 to
10 of each year is marked as National Human Rights Consciousness Week via Republic
Act No. 9201.
December 10 is also considered as the United Nations Human Rights Day. It
commemorates the day the UN General Assembly adopted the Universal Declaration of
Human Rights in 1948.

What are Human Rights?

Human Rights is defined as the supreme, inherent, and inalienable rights to life,
to dignity, and to self-development. It is concerned with issues in both areas of
civil and political rights, economic, social, and cultural rights founded on
internationally accepted human rights obligations to which the Philippine
Government is a state party.

All Human rights are universal, indivisible, interdependent and inter-related.

International Human Rights Law

International humanitarian law is a set of rules which seek, for humanitarian

reasons, to limit the effects of armed conflict. It protects persons who are not or
are no longer participating in the hostilities and restricts the means and methods
of warfare. International humanitarian law is also known as the law of war or the
law of armed conflict.

International humanitarian law is part of international law, which is the body of

rules governing relations between States. International law is contained in
agreements between States � treaties or conventions �, in customary rules, which
consist of State practice considered by them as legally binding, and in general
principles.

International humanitarian law applies to armed conflicts. It does not regulate

whether a State may actually use force; this is governed by an important, but
distinct, part of international law set out in the United Nations Charter.

International humanitarian law � also called the law of armed conflict or the laws
of war � regulates the conduct of warfare. Most of the applicable rules are to be
found in the four 1949 Geneva Conventions and their two 1977 Additional Protocols.
In addition, the
1907 Hague Conventions and the annexed Regulations lay down important rules on the
conduct of hostilities, notably on military occupation. There are also several
treaties that prohibit or restrict the use of specific weapons, including anti-
personnel mines, exploding or expanding bullets, blinding laser weapons, and, most
recently in 2008, cluster munitions.

An important distinction exists between international armed conflicts and those of

a �non-international character�. The legal regulation of international armed
conflicts is more detailed and the protection afforded by the law greater than is
the case with non-international armed conflicts. A notable example is the
obligation on parties to an international armed conflict to accord captured
combatants the status of prisoner of war (POW) with the associated rights and
obligations. This prevents the prosecution of a POW for the mere fact of
participation in hostilities. There is no such right to POW status in the law
governing non-international armed conflicts (although captured fighters are still
entitled to legal protection).

The basis of international humanitarian law is the principle of distinction, which

applies in all armed conflicts. This principle obliges �Parties to a conflict�
(i.e. the warring parties, whether states or non-state armed groups) to target only
military objectives and not the civilian population or individual civilians or
civilian objects (e.g. homes, schools, and hospitals). Failing to make this
distinction in military operations represents an indiscriminate attack and is a war
crime.

Similarly, although it is understood that it is not possible for parties to a

conflict always to avoid civilian casualties when engaged in military operations,
international humanitarian law also requires that parties to a conflict take
precautions in any attack to minimize civilian deaths and injuries. Attacks likely
to cause deaths or injuries among the civilian population or damage to civilian
objects which would be "excessive" compared to the expected military advantage must
be cancelled or suspended.

These rules are generally considered to be customary international law, which binds
every party to a conflict � government or non-state armed group � whether or not
the state on whose territory a conflict occurs has ratified the relevant treaty.

Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is a milestone document in the

history of human rights. Drafted by representatives with different legal and
cultural backgrounds from all regions of the world, the Declaration was proclaimed
by the United Nations General Assembly in Paris on 10 December 1948 by General
Assembly resolution 217 A (III) as a common standard of achievements for all
peoples and all nations. It sets out, for the first time, fundamental human rights
to be universally protected. Since its adoption in 1948, the UDHR has been
translated into more than 500 languages - the most translated document in the world
- and has inspired the constitutions of many newly independent States and many new
democracies. The UDHR, together with the International Covenant on Civil and
Political Rights and its two Optional Protocols (on the complaints procedure and on
the death penalty) and the International Covenant on Economic, Social and Cultural
Rights and its Optional Protocol, form the so-called International Bill of Human
Rights.

Economic, social and cultural rights

The International Covenant on Economic, Social and Cultural Rights entered into
force in 1976. The human rights that the Covenant seeks to promote and protect
include:
� the right to work in just and favourable conditions;
� the right to social protection, to an adequate standard of living and to the
highest attainable standards of physical and mental well-being;
� the right to education and the enjoyment of benefits of cultural freedom and
scientific progress.

Civil and political rights

The International Covenant on Civil and Political Rights and its First Optional
Protocol entered into force in 1976. The Second Optional Protocol was adopted in
1989.

The Covenant deals with such rights as freedom of movement; equality before the
law; the right to a fair trial and presumption of innocence; freedom of thought,
conscience and religion; freedom of opinion and expression; peaceful assembly;
freedom of association; participation in public affairs and elections; and
protection of minority rights. It prohibits arbitrary deprivation of life; torture,
cruel or degrading treatment or punishment; slavery and forced labour; arbitrary
arrest or detention; arbitrary interference with privacy; war propaganda;
discrimination; and advocacy of racial or religious hatred.

Human Rights Conventions

A series of international human rights treaties and other instruments adopted since
1945 have expanded the body of international human rights law. They include the
Convention on the Prevention and Punishment of the Crime of Genocide (1948), the
International Convention on the Elimination of All Forms of Racial Discrimination
(1965), the Convention on the Elimination of All Forms of Discrimination against
Women (1979), the Convention on the Rights of the Child (1989) and the Convention
on the Rights of Persons with Disabilities (2006), among others.

Human Rights Council

The Human Rights Council, established on 15 March 2006 by the General Assembly and
reporting directly to it, replaced the 60-year-old UN Commission on Human Rights as
the key UN intergovernmental body responsible for human rights. The Council is made
up of 47 State representatives and is tasked with strengthening the promotion and
protection of human rights around the globe by addressing situations of human
rights violations and making recommendations on them, including responding to human
rights emergencies.
The most innovative feature of the Human Rights Council is the Universal Periodic
Review. This unique mechanism involves a review of the human rights records of all
192 UN member states once every four years. The Review is a cooperative, state-
driven process, under the auspices of the Council, which provides the opportunity
for each state to present measures taken and challenges to be met to improve the
human rights situation in their country and to meet their international
obligations. The Review is designed to ensure universality and equality of
treatment for every country.

UN High Commissioner for Human Rights

The United Nations High Commissioner for Human Rights exercises principal
responsibility for UN human rights activities. The High Commissioner is mandated to
respond to serious violations of human rights and to undertake preventive action.

The Office of the High Commissioner for Human Rights (OHCHR) is the focal point for
United Nations human rights activities. It serves as the secretariat for the Human
Rights Council, the treaty bodies (expert committees that monitor treaty
compliance) and other UN human rights organs. It also undertakes human rights field
activities.

Most of the core human rights treaties have an oversight body which is responsible
for reviewing the implementation of that treaty by the countries that have ratified
it. Individuals, whose rights have been violated can file complaints directly to
Committees overseeing human rights treaties.

Human Rights and the UN System

Human rights is a cross-cutting theme in all UN policies and programmes in the key
areas of peace and security, development, humanitarian assistance, and economic and
social affairs. As a result, virtually every UN body and specialized agency is
involved to some degree in the protection of human rights. Some examples are the
right to development, which is at the core of the Sustainable Development Goals;
the right to food, championed by the UN Food and Agriculture Organization, labour
rights, defined and protected by the International Labour Organization, gender
equality, which is promulgated by UN Women, the rights of children, indigenous
peoples, and disabled persons. Human Rights Day is observed every year on 10
December. (Global Issues : Human Rights, https://www.un.org/en/sections/issues-
depth/human-rights/)

Rights can be classified according to following:

1. Individual Rights - are those rights being accorded to individuals.

2. Collective Rights - (also called " people rights" or "solidarity rights" are
those rights of the society that can be enjoyed only in company with others.
Examples are, Right to Peaceably Assemble, right to peace, right to development,
right to self-determination, and right to environment.

3. Civil Rights - are those which the law will enforce at the instance of
private individuals for the purpose of securing to them the enjoyment of their
means of happiness. They include the rights against involuntary servitude and
imprisonment for non-payment of debt or poll tax; the constitutional rights of the
accused; the social and economic rights; liberty of the abode and changing the
same. Freedom of speech, of expression, and the right to form an association are
likewise civil rights. however, they partake of the nature of political rights
when they are utilized as a means to participate in the government.

4. Political Rights - are those rights which enable us to participate in running

the affairs of the government either directly or indirectly. Example are Right to
Vote, rights to information on matters of public concern, and the right to
initiative and referendum.

5. 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. Examples are the right to
property, education, and promotion of social justice.

6. 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 and diversity in a climate of free artistic and
intellectual expression.

Human Rights Laws Resources and Implementations in the Philippines:

1. International Laws Adopted by the Philippines in the UN-CHR Laws

2. Philippine Constitution - Bill of Rights
3. Republic ACT Laws passed for Certain Rights
4. Executive Order and Memorandum Order Directives for Human Rights

Chapter II. The 1987 Philippine Constitution

Concept of Bill of Rights

It is a declaration and enumeration of a person�s rights and privileges which the

Constitution is designated to protect against violation by the government, or by
individual or groups of individuals. It is a charter of liberties for the
individual, and a limitation upon the power of the State.

Classes of Rights

1. Natural Rights � those possessed by every citizen without being granted by

the State for they are given to man by God as a human being created to his image
that he may live a happy life.
2. Constitutional Rights � conferred and protected by the Constitution.
3. Statutory Rights � provided by law, promulgated by the law-making body and
consequently may be abolished by the same body.

Classification of Constitutional Rights

1. Political Rights � the power to participate directly or indirectly in the

establishment or administration of the government.
2. Civil Rights � a law which secures private individuals for the purpose of
securing enjoyment for their means of happiness.
3. Social and Economic Rights � Intended to insure the well-being and economic
security of an individual.
4. Rights of the Accused � intended for the protection of a person accused of
any crime.

Bill of Rights (Article III, 1987 Philippine Constitution)

Section 1. No person shall be deprived of life, liberty, or property without due

process of law, nor shall any person be denied the equal protection of the laws.

What is Due Process?

Any deprivation of life liberty and property by the State is with due process if it
is done:
1. Under the authority of the law that is valid under the Constitution itself;
and
2. After compliance with fair and reasonable methods of procedure required by
law.

What constitutes Deprivation?

1. Deprivation of life � the loss of any of the various physical and mental
attributes which man must have to live as human being. It is the very foundation of
human rights.
2. Deprivation of liberty � that one is duly prevented from acting the way he
wishes to do.
3. Deprivation of property � when it its value is destroyed or its adaptability
to some legislation should be treated alike under circumstances and conditions both
in the privileges conferred and liabilities imposed.

What is the meaning of Equal Protection of Law?

It signifies that all persons subject to legislation should be treated alike under
the circumstances and conditions both in the privileges conferred and liabilities
imposed.

Section 2. The right of the people to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizures of whatever nature and for
any purpose shall be inviolable, and no search warrant or warrant of arrest shall
issue except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or
things to be seized.

What is a Search Warrant and Warrant of Arrest?

Search Warrant

- A search warrant is an order in writing issued in the name of the People of

the Philippines, signed by a judge and directed to a peace officer, commanding him
to search for personal property described therein and bring it before the court.

Warrant of Arrest

- Arrest is the taking of a person into custody in order that he may be bound
to answer for the commission of an offense.

What is its scope of protection?

1. Persons � applies to every citizen of the Philippines including aliens

whether accused of crime or not.
2. Houses � not limited to dwelling but extends to a garage, warehouse, shop,
store and even a safety deposit vault.
3. Papers and effect � include sealed letters and packages in the mail which may
be opened and examined only in pursuance of a search warrant.

When search and seizure unreasonable?

In general, all illegal searches and seizures are unreasonable while lawful
ones are reasonable.

Requisites for a Valid Search Warrant or Warrant of Arrest

1. Issued upon probable cause.

2. The probable cause must be determined personally by the judge himself.
3. Such determination of the existence of probable cause must be made after
examination by the judge of the complainant and the witnesses he may produce.
4. Must particularly describe the place to be search and the persons or things
to be seized.

When search and seizure may be made without warrant?

1. Where there is consent or wavier

2. Where there is an incident to a lawful arrest
3. In the case of contraband or forfeited goods being transported
4. The possession of articles prohibited by law is disclosed to plain view or is
open to eye and hand
5. As an incident of inspection, supervision and regulation in the exercise of
police power
6. Routinary searches usually made at the border or a port of entry in the
interest of national security and for proper enforcement or customs and immigration
laws.
7.
When arrest may be made without warrant?

1. When, in his presence, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense;
2. When an offense has in fact just has been committed and has been personal
knowledge of facts indicating that a person to be arrested has committed it;
3. When a person to be arrested is a prisoner who has escaped from a penal
establishment where he is serving final judgement or temporarily confined while his
care is pending, or has escaped while being transferred.

Section 3. (1) The privacy of communication and correspondence shall be inviolable

except upon lawful order of the court, or when public safety or order requires
otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.

Meaning of Right to privacy � The right to be left alone

Limitations on the Right of Privacy of Communications

1. Permissible interference
a. Upon lawful order of the court; or
b. When public safety or order requires otherwise as prescribed by law.
2. Intervention of the court

Writ of Habeas Data Meaning:

It is a judicial remedy available to any individual whose right to privacy in

life, liberty, or security is violated or threatened by unlawful act or omission of
a public official employee or of a private individual or entity engaged in
gathering, collecting or storing of date or information regarding the person,
family, home, and correspondence of the aggrieved party.

A. Purpose of the Writ � to secure the privacy of an individual by way of

regulating the processing of personal information or data about him.

B. How Writ Operates � any aggrieved party may file a petition in court for the
writ of habeas data. The court shall issue the writ which shall be served upon the
respondent who shall file a written return under oath with supporting affidavits.

Section 4. No law shall be passed abridging the freedom of speech, of expression,

or of the press, or the right of the people peaceably to assemble and petition the
government for redress of grievances.

Freedom of Speech, and Expression, and the Press � the rights to freely utter and
published whatever one pleases without previous restraint, and to be protected
against any responsibility for so doing as long as it does violate the law, or
injure someone�s character, reputation, or business.

Scope of Freedom of expression � the rights of assembly and petition, the right to
form associations or societies not contrary to the law, and the right to religious
freedom.

Scope of Terms �Speech�, �Expression�, And �Press�

1. �Speech� and �expression� cover any form of oral utterances such as protests
as expression of opinion about subjects of public concern.
2. The �press� covers any sort of publications as instruments for mass
communication.

Freedom of Expression Not Absolute

1. Subject to regulation by the state.

2. Subject one to liability when abused.
Meaning of Right of Assembly and Right of Petition

1. The right of assembly means the right on the part of the citizens to meet
peaceably for consultation in respect to public affairs.
2. The right of petition means the right of any person or group of persons, to
apply without fear of penalty to the appropriate branch or office of government for
redress of grievances.

Section 5. No law shall be made respecting an establishment of religion, or

prohibiting the free exercise thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or preference, shall forever be
allowed. No religious test shall be required for the exercise of civil or political
rights.

Meaning of Religious Freedom - The right of a man to worship God, and to entertain
such religious views as appeal to his individual conscience, without dictation or
interference by any person or power, civil or ecclesiastical.

Meaning of Religion � all forms of belief in the existence of superior beings

exercising power over human beings and imposing rules of conduct with future state
of rewards or punishments.

Aspects of Religious Freedom

1. The separation of Church and State.
2. The freedom of religious profession and worship.

Religious Test Prohibited

1. Meaning of terms

a. A religious test is one demanding the avowal or repudiation of a certain

religious beliefs before the performance of any act.
b. The expression of civil political rights (supra) is to be understood as
including the individual right safeguarded by the Constitution and statutory laws.

Reason for Provision � Without such prohibition, religious freedom becomes

meaningless. The State without such a bar, notwithstanding the doctrine of its
separation from the Church, could in fact accord preference to a religious
organization.

Section 6. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except in the interest of national
security, public safety, or public health, as may be provided by law.

Meaning of Liberty of Abode and Travel � It is the right of a person to have his
home in whatever place chosen by him and thereafter to change it at will, and to go
where he pleases, without interference of any source.

Limitations on The Right

1. Permissible interference. � The right is qualified by the clauses �except

upon lawful order of the court� and �except in the interest of the national
security, and public safety or public health as may be provided by law.
2. Intervention of the court. � Note that under the second limitation, a court
order is not necessary. The determination of the proper executive officer
(President) is subject to judicial reviews. A person whose liberty of abode is
violated may petition for a writ of habeas corpus against another holding him in
detention.
Section 7. The right of the people to information on matters of public concern
shall be recognized. Access to official records, and to documents and papers
pertaining to official acts, transactions, or decisions, as well as to government
research data used as basis for policy development, shall be afforded the citizen,
subject to such limitations as may be provided by law.

Right to Information on matters of Public Concern

1. Access to official records for exercise of right.

2. Arguments in support of right.
3. Constitutionally or validity of implementing law.

Scope of the Right

1. The right embraces all public records.

2. It is limited to citizens only but is without prejudice to the right of
aliens to have access to records of cases where they are litigants; and
3. Its exercise is subject to such limitations as may be provided by law.

A. Limitations on the Right.

1. Public records excepted.
2. Burden on government to justify withholding of information.

Section 8. The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not
contrary to law shall not be abridged.

Meaning of Right to Form Associations - is the freedom to organize or to be a

member of any group or association, union, or society, and to adopt the rules which
the members judge most appropriate to achieve their purpose.

Section 9. Private property shall not be taken for public use without just
compensation.
Purpose of Guarantee

1. Undoubtedly, the purpose of the constitutional guarantee is to encourage the

formation of voluntary associations so that through the cooperative activities of
individuals, the welfare of the nation may be advance and the government may there
by receive assistance in its ever-increasing public service activities.
2. By enabling individuals to unite in the performance of tasks, which singly
they would be unable to accomplish, such associations relieve the government of a
vast burden.

Essential or inherent powers of government

1. Totality of governmental power - It is contained in three (3) great powers,

namely: power of eminent domain, police power, and power of taxation.
2. Similarities - These powers are similar in the following respects:
a. They all rest upon necessity because there can be no effective government
without them;
b. They are inherent in sovereignty; hence, they can be exercised even without
being expressly granted in the Constitution although the conditions for their
exercise may be regulated and limited by the Constitution and bylaw;
c. They are ways by which the State interferes with private rights and property;

d. They are all legislative in character; and

e. They all presuppose an equivalent compensation received, directly or
indirectly, by the person affected by the exercise of these powers by the
government.

Meaning of Eminent Domain - is the right or power of the State or of those to whom
the power has been lawfully delegated to take private property for public use upon
paying to the owner a just compensation to be ascertained according to law.

Conditions for or limitations upon its exercise

1. Existence of public use.

2. Payment of just compensation.
3. Observance of due process of law in the taking.

Meaning of �taking�

1. Actual physical seizure not essential.

2. The �taking� must be direct.

Meaning of Police Power - has been referred to as the power of the State to enact
such laws or regulations in relation to persons and property as my promote public
health, public morals, public safety, and the general welfare and convince of the
people.

Basis of police power

Based on two Latin maxims, salus populi suprema est lex (the welfare of the people
is the supreme law), and sic utere tuo ut alienum non laedas (so use your own as
not to injure another�s property)

A. Police power laws.

1. Public health
2. Public morals
3. Public safety
4. Public welfare and convenience

Section 10. No law impairing the obligation of contracts shall be passed.

Meaning of obligation of a contract - is the law or duty which binds the parties to
perform their agreement according to its terms or intent, if it is not contrary to
law, morals, good customs, public order, or public policy.

Scope of terms �law� and �contract�

1. The law, the enactment of which is prohibited, includes executive and

administrative orders of the President, administrative orders issued by heads of
departments, and ordinance enacted by local governments.
2. The contract, the obligation of which is secured against impairment under the
Constitution, includes contracts entered into by the government.

Purpose of non-impairment prohibition

The prohibition is intended to protect creditors, to assure the fulfillment of

lawful promises, and to guard the integrity of contractual obligations.

Freedom to contract not absolute

The freedom of contract is necessarily limited by the exercise of the police power
of the State in the interest of general welfare and especially in view of the
explicit provisions in the Constitution with reference to the promotion of social
justice.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.

Constitutional rights of the accused in criminal cases

1. The right to adequate legal assistance.
2. The right, when under investigation for the commission of an offense to be
informed of his right to remain silent and to have counsel.
3. The right against the use of torture, force, violence, threat, intimidation
or any other means which vitiates the free will.
4. The right against being held in secret, incommunicado, or similar forms of
solitary detention.
5. The right to bail and against excessive bail.
6. The right to due process of law.
7. The right to presumption of innocence.
8. The right to be heard by himself and counsel.
9. The right to be performed of the nature and cause of the accusation against
him.
10. The right to have a speedy, impartial, and public trial.
11. The rights to meet the witnesses face to face.
12. The right to have compulsory process to secure the attendance of witnesses
and the production of evidence in his behalf.
13. The right against self-incrimination.
14. The right against detention by reason of political beliefs and aspirations.
15. The right against excessive fines.
16. The right against cruel, degrading or inhuman punishment.
17. The right against infliction of the death penalty except for heinous crimes;
and
18. The right against double jeopardy.

Reasons for constitutional safeguards

1. A criminal case, an unequal contest.

2. Criminal accusation, a very serious matter.
3. Protection of innocent, the underlying purpose.
A. Right to free access to the courts of quasi-judicial bodies.
B. Right to adequate legal assistance.

Section 12. (1) Any person under investigation for the commission of an offense
shall have the right to be informed of his right to remain silent and to have
competent and independent counsel preferably of his own choice. If the person
cannot afford the services of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which
vitiate the free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof
shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this
section as well as compensation to and rehabilitation of victims of torture or
similar practices, and their families.

Rights of person under investigation

1. To be informed of his right to remain silent.
2. To have competent and independent counsel preferably of his own choice or to
be provided with one.
3. Against the use of torture, force, violence, threat, intimidation or any
other means which vitiates the free will.
4. Against being held in secret, incommunicado, or similar forms of solitary
detention.
1. Effect of violation of the rights.
2. When rights can be invoked.
3. Waiver of right of silence and to counsel.

Section 13. All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may be provided by law. The
right to bail shall not be impaired even when the privilege of the writ of habeas
corpus is suspended. Excessive bail shall not be required.

Meaning of Bail - is the security required by a court and given for the provisional
or temporary release of a person who is in the custody of the law conditioned upon
his appearance before any court as required under the conditions specified.

Purpose and form of Bail

1. The purpose of requiring bail is to relieve the accused from imprisonment

until his conviction and yet secure his appearance at the trials.
2. It may be in the form of cash deposit, property bond, bond secured from a
surety company, or recognizance.

Meaning of Capital Offense - for purposes of the above provision, is an offense

which, under the law existing at the time of its commissions, and at the time f the
application to be admitted to bail, may be punished with reclusion perpetua, life
imprisonment, or death

Section 14. (1) No person shall be held to answer for a criminal offense without
due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel,
to be informed of the nature and cause of the accusation against him, to have a
speedy, impartial, and public trial, to meet the witnesses face to face, and to
have compulsory process to secure the attendance of witnesses and the production of
evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has been duly notified
and his failure to appear is unjustifiable.

Section 15. The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion or rebellion when the public safety requires it.

Meaning of writ of habeas corpus

The writ of habeas corpus is an order issued by a court of competent of

jurisdiction, directed to the person detaining another, commanding him to produce
the body of the prisoner at a designated time and place, and to show sufficient
cause for holding I custody the individual so detained.

Purpose of the writ

It has for its purpose to inquire into all manner of involuntary restraint or
detention as distinguished from voluntary and to relieve a person there from if
such restraint i s found illegal. The writ is the proper remedy court to release y
in each and every case of detention without legal cause or authority. Its principal
purpose then is to set the individual liberty.

How writ operates

The writ is the order from the court requiring a person detaining another to show
cause for the detention, while the privilege of the writ is the further order from
the court to release an individual if it finds his detention without legal cause or
authority.

Writ of Amparo

The writ of habeas corpus is not to be confused with the writ of Amparo. Now,
families of victims of extrajudicial killings and enforced disappearances (or any
qualified person or entity) can invoke the writ when the right to life, liberty, or
security of a person is violated or threatened with violation by an unlawful act or
omission of a public official or employee or of a private individual or entity.

Section 16. All persons shall have the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or administrative bodies.

Right to speedy disposition of cases

(1) The above provision upholds the time-honored tradition of speedy justice for
as stated in the old dictum - "Justice delayed is justice denied." Its express
inclusion was in response to the common charge against the perennial delay in the
administration of justice which in the past has plagued our judicial system.
(2) The right to a speedy disposition of cases can be invoked only after the
termination of the trial or hearing of case.
(3) Under the present Constitution, the Supreme Court, all lowers delegate
courts, and all other lower courts are required to decide or resolve cases within a
certain period of time.
(4) The provision contemplates the disposition of cases involving private
interests not only before judicial bodies, but also before quasi-judicial.

Section 17. No person shall be compelled to be a witness against himself.

Right against self-incrimination

No person shall be compelled to be a witness against himself. This is a protection

against self-incrimination which may expose a person to a criminal liability. It is
founded on grounds of:
(1) Public Policy, because if the party is thus required to testify he would be
placed under the strongest temptation to commit the crime of perjury; and
(2) Humanity, because it prevents the extortion of confession by duress.
The constitutional guarantee protects as well the right of the accused to silence,
and his silence, meaning, his failure or refusal to testify may not be used as
presumption of guilt or taken as evidence against him.

Scope of Guarantee

The right against self-incrimination applies in criminal cases as well as in civil,

administrative, and legislative proceeding where the fact asked for is a criminal
one. It protects one whether he is a party or a witness.

Section 18. (1) No person shall be detained solely by reason of his political
beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a
crime whereof the party shall have been duly convicted.
Right Against Detention Solely by Reason of Political Beliefs and Aspirations

1. Incarceration without charges of �political prisoners�.

2. Suspension of privilege of writ of habeas corpus even after lifting of
martial law.
3. Prohibition a guarantee against having �prisoners of conscience.

Meaning of Involuntary Servitude � A condition of enforced, compulsory service of

one to another.

It includes:
1. Slavery
2. Peonage

Exceptions of Prohibitions

1. When the involuntary servitude is imposed as a punishment for a crime.

2. When personal military or civil service is required of citizens.
3. To injunctions requiring striking laborers to return to work.
4. To exceptional service.
5. To exercise by parents of their authority.
6. When there is a proper exercise of the police power of the State.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither shall the death penalty be imposed, unless,
for compelling reasons involving heinous crimes, the Congress hereafter provides
for it. Any death penalty already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment against any
prisoner or detainee or the use of substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Meaning of Debt - as intended to be covered by the constitutional guarantee, means

any liability to pay money arising out of a contract, express or implied.

Meaning of Poll Taxes - is a tax of a fixed amount imposed on individuals residing

within a specified territory, whether citizens or not, without regard to their
property or the occupation in which they may be engaged.

Section 21. No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or acquittal
under either shall constitute a bar to another prosecution for the same act.

Meaning of Rights Against Double Jeopardy - means that when a person is charged
with an offense and the case is terminated either by acquittal or conviction or in
any other manner without the express consent of the accused, the latter cannot
again be charged with the same or identical offense.

Section 22. No ex post facto law or bill of attainder shall be enacted.

Meaning of Ex Post Facto Law

1. Makes an act done before the passage of the law, innocent when done,
criminal, and punishes such act; or
2. Aggravates a crime or makes it greater than when it was committed; or
3. Changes the punishment and inflicts a greater punishment than what a law
annexed to the crime when committed; or
4. Alters the legal rules of evidence, and receives less testimony than or
different testimony from what the law required at the time of the commission of the
offense, in order to convict the offender.

Characteristic of Ex Post Facto Law

They are:
1. Ex post facto laws relate to penal or criminal matters only.
2. They are retroactive in their operation; and
3. They are deprived persons accused of crime of some protection or defense
previously available, to their disadvantage.

Meaning of Bill of Attainder - is a legislative act which inflicts punishment

without judicial trial.

Chapter III. The 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 mandated to conduct investigations on human rights violations

against marginalized and vulnerable sectors of the society, involving civil and
political rights.
CHR is an �A� accredited NHRI, fully complying with the Paris Principles adopted by
the United Nations General Assembly in 1995. As an NHRI, the Commission upholds six
fundamental characteristics � independence, pluralism, broad mandate, transparency,
accessibility, and operational efficiency.

The Commission commits to deliver prompt, responsive, accessible, and excellent

public ser vice for the protection and promotion of human rights in accordance with
universal human rights principles and standards.

The Creation of The Human Rights Commission

Salient Features of Executive Order No. 163

Title: Declaring the Effectivity of The Creation of The Commission On Human Rights
as Provided For In The 1987 Constitution, Providing Guidelines for The Operation
Thereof, and for Other Purposes

WHEREAS, the 1987 Constitution has been ratified by the people;

WHEREAS, the 1987 Constitution has created an independent office called the
Commission on Human Rights; and

WHEREAS, there is an urgent necessity to constitute the Commission on Human Rights

to give effect to the State policy that �the State values the dignity of every
human person and guarantees full respect for human rights.�

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of

the powers vested in me by the Constitution, do hereby order:

SECTION 1. The Commission on Human Rights as provided for under Article XIII of the
1987 Constitution is hereby declared to be now in existence.

SECTION 2. (a) The Commission on Human Rights shall be composed of a Chairman and
four Members who must be natural-born citizens of the Philippines and, at the time
of their appointment, at least thirty-five years of age and must not have been
candidates for any elective position in the elections immediately preceding their
appointment. However, a majority thereof shall be members of the Philippine Bar.

(b) The Chairman and the Members of the Commission on Human Rights shall not,
during their tenure, hold any other office or employment. Neither shall they engage
in the practice of any profession or in the active management or control of any
business which in any way be affected by the functions of their office, nor shall
be financially interested, directly or indirectly, in any contract with, or in any
franchise or privilege granted by the government, any of its subdivisions,
agencies, or instrumentalities, including government-owned or controlled
corporations or their subsidiaries.

(c) The Chairman and the Members of the Commission on Human Rights shall be
appointed by the President for a term of seven years without reappointment.
Appointment to any vacancy shall be only for the unexpired term of the predecessor.
(d) The Chairman and the Members of the Commission on Human Rights shall receive
the same salary as the Chairman and Members, respectively, of the Constitutional
Commissions, which shall not be decreased during their term of office.

SECTION 3. The Commission of Human Rights shall have the following powers and
functions:

(1) Investigate, on its own or on complaint by any party, all forms of human rights
violations involving civil and political rights;
(2) Adopt its operational 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 residing abroad, and provide
for preventive measures and legal aid services to the under-privileged whose human
rights have been violated or need protection;
(4) Exercise visitorial powers over jails, prisons, or detentions facilities;
(5) Establish a continuing program of research, education, and information to
enhance respect for the primacy of human rights;
(6) Recommend to the Congress effective measures to promote human rights and to
provide for 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 is 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.

SECTION 4. The Presidential Committee on Human Rights, created under Executive

Order No. 8 dated March 18, 1986, as modified, is hereby abolished. The Commission
on Human Rights shall exercise such functions and powers of the Presidential
Committee on Human Rights under Executive Order No. 8, as modified, which are not
inconsistent with the provisions of the 1987 Constitution.

The unexpended appropriations of the Presidential Committee on Human Rights are

hereby transferred to the Commission on Human Rights. All properties, records,
equipment, buildings, facilities and other assets of the Presidential Committee on
Human Rights shall be transferred to the Commission on Human Rights.
The Commission on Human Rights may retain such personnel of the Presidential
Committee on Human Rights as may be necessary in the fulfillment of its powers and
functions. Any public officer or employee separated from service as a result of the
abolition of the Presidential Committee on Human Rights effected under this
Executive Order shall receive the benefits to which they may be entitled under
existing laws, rules and regulations.

SECTION 5. The approved annual appropriations of the Commission on Human Rights

shall be automatically and regularly released.

SECTION 6. All laws, orders, issuances, rules and regulations or parts thereof
inconsistent with this Executive Order are hereby repealed or modified accordingly.

SECTION 7. This Executive Order shall take effect immediately.

Done in the City of Manila, this 5th day of May, in the year of Our Lord, nineteen
hundred and eighty-seven.

History of CHR

The CHR was created as a response to the atrocities committed during Martial Law.
When the 1987 Philippine Constitution was drafted, Article XIII on Social Justice
and Human Rights clearly defined the creation of the Commission.

�There is hereby created an independent office called The Commission on Human

Rights�(to) investigate, on its own or on complaint by any party, all forms of
human rights violations involving civil and political rights ��

(Sec. 17-18, Art. XIII, Philippine Constitution)

�I, Corazon C. Aquino, President of the Philippines� do hereby (declare) the
Commission on Human Rights as provided under Article XIII of the 1987 Constitution
to be now in existence��

(Executive Order No. 163)

The 1987 Philippine Constitution primarily gave CHR the mandate to protect and
promote the rights and dignity of every human being in the country. The State
values the dignity of every human person and guarantees full respect for human
rights.

(Sec. 11, Art. II, Philippine Constitution)

The Congress shall give highest priority to the enactment of measures that protect
and enhance the right of all the people to human dignity, reduce social, economic
and political inequalities, and remove cultural inequalities by equitably diffusing
wealth and political power for the common good.

(Sec. 1, Art. XIII, Philippine Constitution)

Vision, Mission, Goal Statement and Mantra of CHR

Vision
A just and humane Philippine society of persons equal in opportunity, living a life
of dignity, and forever vigilant against abuses and oppression

Mission
As conscience of government and the people, we seek truth in human rights issues.
As beacon of truth, we make people aware of their rights, and guide government and
society towards actions that respect the rights of all, particularly those who
cannot defend themselves � the disadvantaged, marginalized, and vulnerable.

Goal statement
To be the prime mover in strengthening respect, understanding, and practice of
human rights as the essential cornerstone of peace, unity, and nation-building

Mantra
CHR: Dignity of all

CHR: In the Service of The Filipino People

The CHR serves all persons in the Philippines, as well as Filipino nationals
abroad. It provides services to both rights-holders, or the vulnerable sectors who
are the Commission�s primary clients, as well as to the duty-bearers, or the
police, military, and the other persons in authority.
Particularly, the CHR prioritizes the following rights-holders:
- Women
- Children
- Youth
- Persons Deprived of Liberty
- Indigenous Peoples
- Workers (Domestic and Migrant Workers)
- Internally Displaced Persons
- Persons Living in Poverty
- Persons with Disabilities
- Senior Citizens
- Persons with Diverse Sexual Orientation, Gender Identity, and Gender
Expression (SOGIE)
- Other marginalized groups

The Commission also works to build and strengthen the capacities of duty-bearers
including, but not limited to, frontline service providers; decision and policy
makers; and actors in the security sector and justice system.

It works in partnership with all national government agencies; independent

constitutional commissions; local government units; government-owned and controlled
corporations; educational institutions; and civil society groups.

The CHR engages with the local and international communities for the protection and
promotion of human rights.

Core Programs

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 eights education and training
programs and delivery of client-based education and training project for priority
sectors
- Human rights advocacy campaigns
- Research, documentation, and publications

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
provisions

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. (https://chr.gov.ph/about-chr)

Chapter IV � RA 10368
�Human Rights Victims Reparation and Recognition Act of 2013�

What is RA 10368?

RA 10368 is the �Human Rights Victims Reparation and Recognition Act of 2013�

Through this law, the State:

o Recognizes the heroism and sacrifices of human rights violations victims (HRVVs)
during the regime of former President Ferdinand E. Marcos covering the period from
September 21, 1972 to February 25, 1986; and

o Acknowledges its moral and legal obligation to recognize and provide reparation
to the victims.

? Reparation � the obligation of the State to restore the rights and uphold the
dignity of the victims, which is part of the right to an effective remedy.
(monetary and nonmonetary)

? Recognition � the acknowledgment of the State of the violations committed

against persons who are victims of human rights violations. This shall be
manifested by enshrining the names of HRVVs in the Roll of Human Rights Violations
Victims.

Section 3. Definition of Terms. � The following terms as used in this Act shall
mean:

(a) Detention refers to the act of taking a person into custody against his will by
persons acting in an official capacity and/or agents of the State.

(b) Human rights violation refers to any act or omission committed during the
period from September 21, 1972 to February 25, 1986 by persons acting in an
official capacity and/or agents of the State, but shall not be limited to the
following:
(1) Any search, arrest and/or detention without a valid search warrant or warrant
of arrest issued by a civilian court of law, including any warrantless arrest or
detention carried out pursuant to the declaration of Martial Law by former
President Ferdinand E. Marcos as well as any arrest., detention or deprivation of
liberty carried out during the covered period on the basis of an "Arrest, Search
and Seizure Order (ASSO)", a "Presidential Commitment Order {PCO)" or a "Preventive
Detention Action (PDA)" and such other similar executive issuances as defined by
decrees of former President Ferdinand E. Marcos, or in any manner that the arrest,
detention or deprivation, of liberty was effected;
(2) The infliction by a person acting in an official capacity and/or an agent of
the State of physical injury, torture, killing, or violation of other human rights,
of any person exercising civil or political rights, including but not limited to
the freedom of speech, assembly or organization; and/or the right to petition the
government for redress of grievances, even if such violation took place during or
in the course of what the authorities at the time deemed an illegal assembly or
demonstration: Provided, That torture in any form or under any circumstance shall
be considered a human rights violation;
(3) Any enforced or involuntary disappearance caused upon a person who was
arrested, detained or abducted against one�s will or otherwise deprived of one�s
liberty, as defined in Republic Act No. 10350 1, otherwise known as the "Anti-
Enforced or Involuntary Disappearance Act of 2012?;
(4) Any force or intimidation causing the involuntary exile of a person from the
Philippines;
(5) Any act of force, intimidation or deceit causing unjust or illegal takeover of
a business, confiscation of property, detention of owner/s and or their families,
deprivation of livelihood of a person by agents of the State, including those
caused by Ferdinand E. Marcos, his spouse Imelda R. Marcos, their immediate
relatives by consanguinity or affinity, as well as those persons considered as
among their close relatives, associates, cronies and subordinates under Executive
Order No. 1, issued on February 28, 1986 by then President Corazon C. Aquino in the
exercise of her legislative powers under the Freedom Constitution;
(6) Any act or series of acts causing, committing and/or conducting the following:
(i) Kidnapping or otherwise exploiting children of persons suspected of committing
acts against the Marcos regime;
(ii) Committing sexual offenses against human rights victims who are detained
and/or in the course of conducting military and/or police operations; and
(iii) Other violations and/or abuses similar or analogous to the above, including
those recognized by international law.

(c) Human Rights Violations Victim (HRVV) refers to a person whose human rights
were violated by persons acting in an official capacity and/or agents of the State
as defined herein. In order to qualify for reparation under this Act, the human
rights violation must have been committed during the period from September 21, 1972
to February 25, 1986: Provided, however, That victims of human rights violations
that were committed one (1) month before September 21, 1972 and one (1) month after
February 25, 1986 shall be entitled to reparation, under this Act if they can
establish that the violation was committed:
(1) By agents of the State and/or persons acting in an official capacity as defined
hereunder;
(2) For the purpose of preserving, maintaining, supporting or promoting the said
regime; or
(3) To conceal abuses during the Marcos regime and/or the effects of Martial Law.

(d) Persons Acting in an Official Capacity and/or Agents of the State.�The

following persons shall be deemed persons acting in an official capacity and/or
agents of the State under this Act:
(1) Any member of the former Philippine Constabulary (PC), the former Integrated
National Police (INP), the Armed Forces of the Philippines (AFP) and the Civilian
Home Defense Force (CHDF) from September 21, 1972 to February 25, 1986 as well as
any civilian agent attached thereto; and any member of a paramilitary group even if
one is not organically part of the PC, the INP, the AFP or the CHDF so long as it
is shown that the group was organized, funded, supplied with equipment, facilities
and/or resources, and/or indoctrinated, controlled and/or supervised by any person
acting in an official capacity and/or agent of the State as herein defined;
(2) Any member of the civil service, including persons who held elective or
appointive public office at any time from September 21, 1972 to February 25, 1986;
(3) Persons referred to in Section 2(a) of Executive Order No. 1, creating the
Presidential Commission on Good Government (PCGG), issued on February 28, 1986 and
related laws by then President Corazon C. Aquino in the exercise of her legislative
powers under the Freedom Constitution, including former President Ferdinand E.
Marcos, spouse Imelda R. Marcos, their immediate relatives by consanguinity or
affinity, as well as their close relatives, associates, cronies and subordinates;
and
(4) Any person or group/s of persons acting with the authorization, support or
acquiescence of the State during the Marcos regime.

(e) Torture refers to any act by which severe pain or suffering, whether physical
or mental, is intentionally inflicted on any person under the custody of persons
acting in an official capacity and/or agents of the State, as defined by law,
jurisprudence, international conventions and Republic Act No. 9745, otherwise known
as the "Anti-Torture Act of 2009?.
(Definition of Terms,
https://www.lawphil.net/statutes/repacts/ra2013/ra_10368_2013.html)

The Human Rights Victims� Claims Board

The HRVCB is a quasi-judicial body created to:

? receive, evaluate and process all claims, award reparation
? recognize the victims by enshrining their names in the Roll of Human Rights
Violations Victims

Who may apply?

? A person who is a human rights violation victim (HRVV) as defined by the law;

? Claimants who are conclusively presumed to be a HRVV under the law;

? Legal heir/s, or authorized representative of HRVVs who are deceased,

incapacitated, or involuntarily disappeared.

Application Period
? May 12, 2014 � Nov 10, 2014
? Failure to file within the period is deemed a waiver of claim

Where to file?
? Main Office: UP Institute of Small Scale Industries, E. Jacinto St., Diliman,
Quezon City
? Mobile intake sites designated by HRVCB

Human Rights Violations

Killing of persons exercising their civil and political rights; Involuntary

disappearance (still missing) as defined in RA1035[3] ; 10 points
Torture,and/or rape or sexual abuse; 6-9 points
Detention without a valid warrant of arrest issued by a civilian court; 3-5
points
Force or intimidation causing involuntary exile from the Philippines; 1-2 points
Force intimidation or deceit causing unjust or illegal takeover of business,
confiscation of property, deprivation of livelihood, etc; 1-2 points
Kidnapping or otherwise exploiting children of persons suspected of committing acts
against the Marcos regime; sexual offenses against human rights victims who are
detained. 1-2 points

Prohibited Acts

? Misuse, embezzlement or misappropriation of reparation funds by any member of

the Board, its Secretariat, public officer, employee of an agency or any private
individual mandated to implement the Act
o Penalty under the Revised Penal Code and relevant special penal laws
? Commission of fraud in the processing of documents and claims of HRVVs, or
conspiracy with any individual to commit the same by any member of the Board, its
Secretariat, public officer, employee of an agency or any private individual
mandated to implement the Act
o Penalty under the Revised Penal Code and relevant special penal laws

? Filing of fraudulent, fictitious or spurious claim by any claimant ?

Imprisonment of eight (8) to ten (10) years, ?Disqualification from public office
and employment and
o Deprivation of the right to vote and be voted for in any national or local
election, even after the service of sentence unless granted absolute pardon.

(Human Rights Victims� Claims Board, E. Virata Hall, E. Jacinto St., UP Diliman,
QC, https://lmp.org.ph/default/images/LICC/human%20rights.pdf)

Chapter V � Human Rights and Law Enforcement

Limitations on The Exercise Of Rights

It is the duty of all citizens to respect the rights of others and to observe the
lawful and necessary requirements of maintaining public order in a democratic
society.
Where they exist, limitations on rights are specified in the various human rights
treaties
In general, such limitations and restrictions are those which are determined by law
and which are necessary:
? to ensure respect for the rights and freedoms of others
? to meet the just requirements of morality, public order and general welfare
in a democratic society
What is the Mandate of Law Enforcement?
Article 29 of the Universal Declaration of Human Rights:
�In the exercise of his rights and freedoms, everyone shall be subject only to such
limitations as are 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 democratic
society.�
Hence the mandate for police in modern democracies:
? ? to protect human rights
? ? to defend fundamental freedoms and
? ? to maintain public order and the general welfare in a democratic society
through polices and practices that are lawful, humane and disciplined
Ethical and Legal Conduct
? Human rights derive from the inherent dignity of the human person
? Law enforcement officials shall at all times respect and obey the law
? Law enforcement officials shall at all times fulfil the duty imposed on them
by law, by serving the community and by protecting all persons against illegal
acts, consistent with the high degree of responsibility required by their
profession
? Law enforcement officials shall not commit any act of corruption. They shall
rigorously oppose and combat all such acts
? Law enforcement officials shall respect and protect human dignity and
maintain and uphold the human rights of all persons
? Law enforcement officials shall report violations of those laws, codes and
sets of principles which protect and promote human rights
? All police action shall respect the principles of legality, necessity, non-
discrimination, proportionality and humanity

What Happens When Police Violate Human Rights?

? law enforcer becomes law breaker
? human dignity is transgressed
? erosion of crucial public confidence and support
? exacerbation of civil unrest
? hampering of effective prosecutions in court
? isolation of police from the community
? guilty parties go free � the innocent are punished
? victims of crime are left without justice
? removal of the �law� from �law enforcement�
? police agencies forced to be reactive rather than proactive
? international and media criticism and political pressure on Government and
police

What Happens When Police Uphold, Protect and Defend Human Rights?
? public confidence is built and community cooperation fostered
? a contribution is made to the peaceful resolution of conflicts and complaints
? legal prosecutions are successful in court
? police are seen as part of the community, performing a valuable social
function
? the fair administration of justice is served and hence confidence in the
system is enhanced
? an example is set for respect for the law by others in society
? police are able to be closer to the community and therefore in a position to
prevent and solve crimes through proactive policing
? support is elicited from the media, from the international community and from
political authorities
? police bring honour to their uniform, their agency, and their Government