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Introduction to Criminology (Philippine College of Criminology)

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CRIMINAL LAW AND JURISPRUDENCE 2
HUMAN RIGHTS EDUCATION
Introduction
Democracy is a valued principle, so much so that
some people have sacrificed their lives for it. While no
system is perfect, it seems that democracy is once again
under assault. What are the challenges posed in a
democratic system and are established safeguards helping
to strengthen democracy or are their forces successfully
weakening it?
Human rights in the Philippines pertains to the
concept, practice, and issues of human rights within the
Philippine archipelago. The concept of “Human Rights”, in
the context of the Philippines, pertains mainly (but is not
limited to) to the following:
1. to the civil and political rights of a person
2. living in the Philippines by reason of the 1987 Philippine
Constitution.
Human rights are a justified set of claims that set
moral standards to members of the human race, not
exclusive to a specific community or citizenship.
Membership in the human race is the sole qualification to
obtain these right. Human rights, unlike area-specific
conventions of international laws (ex. European
Convention on Human Rights and International Covenant
on Civil and Political Rights and on Economic, Social and
Cultural Rights), are universally justifiable as it pertains to
the entire human race, regardless of geographical location
(Dela Cruz, Florendo).
LESSON 1: CONCEPTS AND PRINCIPLES OF HUMAN
RIGHTS
“Human rights as those rights which are inherent in
our nature and without which we cannot live as human
beings”
-United Nations
Human dignity plays a special part of the provision of our
preamble in the 1987 Constitution. The state values the
dignity of every human person and guarantees full respect
for human rights.
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. 11, Art. II, Phil. Constitution).
What is Human Rights?
Human rights may be defined as the Supreme,
Inherent and Inalienable rights to life, to dignity, and to self-
development. It is the essence of these rights that makes
human. Human rights are fundamental freedoms which are
necessary and indispensable in order to enable every
member of the human race to live a life to dignity.
Other definitions:
 It is a difficult thing to stand up for what you
believe in.
 Those basic standards without which people
cannot live in dignity as human beings.
 It is the foundation of freedom, justice and peace.
Confucian – “Thou shall not do to others, what you do not
want others do unto you”.
Islam Advocates – “No one of you is a believer, until he
desires for his brother, that which he desires for himself”.
Christianity teaches – “In everything, do to others just
what you want them to do for you”.
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Human Rights as Birthright
 Those rights which are inherent in our nature and
without which we cannot live as human beings.
 Abuse of rights can cause conflicts.
 The roots of internal conflict are due to the denial
of human rights.
Classification of Human Rights
According to Source:
1. Natural or Moral Rights – God given rights,
acknowledged morally good.
2. Legal rights
Constitutional rights – Guaranteed in bill of
rights of the Constitution.
Statutory rights – Rights promulgated by
legislative body.
According to Aspect of Life:
1. Civil Rights – Rights the law will enforce at instance of
private individuals for purpose of securing to them the
enjoyment of happiness. Civil rights guarantee people from
abuses of State agents in the exercise of the state’s three
(3) inherent powers (police power, power of imminent
domain and power of taxation).
2. Political Rights – Are those rights which enable us to
participate in running the affairs of the government either
directly or indirectly.
- Civil and Political rights are guarantees against
government abuse.
3. Justifiable rights – Immediately enforced once
violated. Called negative rights because State is refrained
from violating them.
4. Economic, Social and Cultural Rights – Rights of
people to self-determination, to pursue economic, social
and cultural development and financial security. Ensure a
life dignity. Called positive rights – State expected to take
effective measures to fulfill them. Referred as
programmable rights – depends upon resources and
political will of the state.
According to Derogability:
1. Non-derogable or Absolute rights – Rights that
cannot be suspended nor taken away nor restricted or
limited even in extreme emergency and even if
government invoke national security.
2. Derogable or Relative rights – Maybe suspended or
restricted or limited depending on circumstances-for
preservation of social life.
State Obligations to Human Rights:
1. Obligation to RESPECT – Requires the state and all its
organs and agents to abstain from doing anything that
violates the integrity of individual or fringes on his/her
freedom.
2. Obligation to PROTECT – Requires the state and its
agents – the measures necessary to prevent other
individuals or groups from violating the integrity, freedom of
action, or the human rights of the individual.
3. Obligation to FULFILL – Requires the state to take
measures to ensure for each person within its jurisdiction
opportunities to obtain satisfaction of those needs,
recognized in the human rights instruments, which cannot
be secured by personal efforts.
Questions of Legality, Necessity and Proportionality
using any military power or authority:
1. Does the power or authority used in a particular
situation have its basis in national law?
2. Is the exercise of that particular power or authority
strictly necessary, given the circumstances of the
respective situation?
3. Is the power or authority used in proportion to the
seriousness of the offense and the legitimate military
objective to be achieved?
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Basic Principles of Human Rights
Human rights are inherent. Human rights are
birthrights. They belong to the individual person for reason
that he or she is a human being.
 Fundamental – Without human rights, a person’s
life and dignity would be worthless and
meaningless.
 It is Inalienable – As such they cannot be
stripped or rightfully taken away from any free
human person.
 It is Imprescriptible – Human rights are not lost
by mere passage of time. Human rights do not
prescribe even if he fails to use or was prevented
from asserting them. Human rights are indivisible,
interrelated. The indivisibility of human rights is a
manifestation that a person cannot be denied or
deprived of his/her human rights, notwithstanding
that he or she has already enjoyed, or is already
enjoying other rights. Human rights are not piece
of meal rights and freedoms, hence, not capable
of being divided.
 It is Universal – Human rights are endowed
every human being from the moment of birth,
without distinction or irrespective of origin, sex,
race, creed, political color, status or condition in
life.
 It is Interdependent – The fulfilment, enjoyment
or exercise of a particular right cannot be attained
without the realization of the other rights.
 Equality – Even the law of nature made manifest
this basic principle by the fact that all human
beings, male or female, are born naked and
helpless.
HISTORY OF HUMAN RIGHTS
Cyrus the Great, the first king of Persia, freed the slaves of
Babylon, 539 B.C.
In 539 B.C., the armies of Cyrus the Great, the first
king of ancient Persia, conquered the city of Babylon. But
it was his next actions that marked a major advance for
man. He freed the slaves, declared that all people had the
right to choose their own religion, and established racial
equality. These and other decrees were recorded on a
baked-clay cylinder in the Akkadian language with
cuneiform script.
Known today as the Cyrus Cylinder, this ancient
record has now been recognized as the world’s first
charter of human rights. It is translated into all six official
languages of the United Nations and its provisions parallel
the first four Articles of the Universal Declaration on
Human Rights.
The Spread of Human Rights
From Babylon, the idea of human rights spread
quickly to India, Greece and eventually Rome. There the
concept of “natural law” arose, in observation of the fact
that people tended to follow certain unwritten laws in the
course of life, and Roman law was based on rational ideas
derived from the nature of things.
Documents asserting individual rights, such as the
Magna Carta (1215), the Petition of Right (1628), the US
Constitution (1787), the French Declaration of the Rights
of Man and of the Citizen (1789), and the US Bill of Rights
(1791) are the written precursors to many of today’s
human rights documents.
The Magna Carta (1215)
Magna Carta or “Great Charter”, signed by the
King of England in 1215, was a turning point in human
rights.
The Magna Carta was arguably the most
significant early influence on the extensive historical
process that led to the rule of constitutional law today in
the English-speaking world.
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In 1215, after King John of England violated a
number of ancient laws and customs by which England
had been governed, his subjects forced him to sign the
Magna Carta, which enumerates what later came to be
thought of as human rights. Among them was the right of
the church to be free from governmental interference, the
rights of all free citizens to own and inherit properties and
to be protected from excessive taxes. It established the
right of widows who owned property to choose not to
remarry, and established principles of due process and
equality before the law. It also contained provisions
forbidding bribery and official misconduct.
Widely viewed as one of the most important legal
documents in the development of modern democracy, the
Magna Carta was a crucial turning point in the struggle to
establish freedom.
Petition of Right (1628)
In 1628 the English Parliament sent his statement
of civil liberties to King Charles I.
The next recorded milestone in the development
of human rights was the Petition of Right, produced in
1628 by the English Parliament and sent to Charles I as a
statement of civil liberties. Refusal by Parliament to
finance the King’s unpopular foreign policy had caused his
government to exact forced loans and to quarter troops in
subject’s houses as an economy measure. Arbitrary arrest
and imprisonment for opposing these policies had
produced in Parliament violent hostility to Charles and to
George Villiers, the Duke of Buckingham. The Petition of
Right, initiated by Sir Edward Coke, was based upon
earlier statutes and charters and asserted four principles:
(1) No taxes may be levied without consent of Parliament,
(2) No subject may be imprisoned without cause shown
(reaffirmation of the right of habeas corpus), (3) No
soldiers may be quartered upon the citizenry, and (4)
Martial Law may not be used in time of peace.
United States Declaration of Independence (1776)
In 1776, Thomas Jefferson penned the American
Declaration of Independence.
On July 4, 1776, the United States Congress
approved the Declaration of Independence. Its primary
author, Thomas Jefferson, wrote the declaration as a
formal explanation of why Congress had voted on July 02
to declare independence from Great Britain, more than a
year after the outbreak of the American Revolutionary War,
and as a statement announcing that the thirteen American
Colonies were no longer part of the British Empire.
Congress issued the Declaration of Independence in
several forms. It was initially published as a printed
broadsheet that was widely distributed and read to the
public.
Philosophically, the Declaration stressed two
themes: (1) Individual rights, and (2) Right of Revolution.
These ideas became widely held by Americans and spread
internationally as well, influencing in particular the French
Revolution.
The Constitution of the United States of America
(1787) and Bill of Rights (1791)
The Bill of Rights of the US Constitution protects
basic freedoms of the United States citizens.
Written during the summer of 1787 in Philadelphia,
the Constitution of the United States of America is the
fundamental law of the US federal system of government
and the landmark document of the Western world. It is the
oldest written national constitution in use and defines the
principal organs of government and their jurisdictions and
the basic rights of citizens.
The Bill of Rights protects freedom of speech,
freedom of religion, the right to keep and bear arms, the
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freedom of assembly and the freedom of petition. It also The Charter of the new UN organization went into
prohibits unreasonable search and seizure, cruel and effect on October 24, 1945, a date that is celebrated each
unusual punishment and compelled self-incrimination. year as United Nations’ Day.
Among the legal protections it affords, the Bill of Rights
prohibits Congress from making any law respecting
establishment of religion and prohibits the federal
government from depriving any persons’ life, liberty and LESSON 2: FREEDOM AND HUMAN RIGHTS
property without due process of law. In federal criminal
cases it requires indictment by a grand jury for any capital Freedom VS. Human Rights
offense, or infamous crime, guarantees a speedy public
trial with an impartial jury in the district in which the crime Rights and the term freedom appear at various
occurred, and prohibits double jeopardy. places in constitutions around the world. In fact, Freedom
is one of the core concepts of the American constitution
Declaration of the Rights of Man and of the Citizen (and the Philippines as well). Frequently, the terms are
(1789) interchangeable. In most scenarios, they mean the same
thing. In fact, taking away someone’s right means taking
In 1789, the people of France brought about the away their freedom as well. The main difference between a
abolishment of the absolute monarchy and set the stage right and freedom is a right is an entitlement of a given
for the establishment of the first French Republic. Just six thing. For example, a person working at a job has a right to
weeks after the storming of the Bastille, and barely three receive their salary as per the contract. However, freedom
(3) weeks after the abolition of Feudalism. The Declaration refers to the state in which a government cannot restrict a
of the rights of Man and of the Citizen (French: La person from performing a certain activity. However, this
Declaration des Droits de I’Homme et du Citoyen) was activity has to be within the bounds of the law.
adopted by the National Constituent Assembly as the first
step toward writing a constitution for the Republic of Parameters of RIGHTS FREEDOM
France. comparison
A person or A person or
The declaration proclaims that all the citizens are governing body governing body
to be guaranteed the rights of “liberty, property, security cannot violate can take away
and resistance to oppression.” It argues that the need for Restrictions the rights of person’s
law derives from the fact that “…the exercise of the natural another person freedom to carry
rights of each man has only those boarders which assure without facing out an activity.
other members of the society the enjoyment of these same legal
rights.” Thus, the Declaration sees law as an “expression consequences.
of the general will, intended to promote this equality of Society is legally The advantage
rights and to forbid only actions harmful to the society.” obliged to of freedom is
Advantages uphold the rights that one can be
The First Geneva Convention of its people. an independent
This decreases individual.
The original document from the first Geneva events of
Convention in 1864 provided for care to wounded soldiers. injustice that
occur.
In 1864, sixteen European countries and several Rights may Freedom can be
American states attended a conference in Geneva, at the come at different taken away or
invitation of the Swiss Federal Council, on the initiative of Duration times. The rights given to a
the Geneva Committee. The Diplomatic conference was a person someone at any
held for the purpose of adopting a convention for the receives also time. It is not
treatment of wounded soldiers in combat. differ from other permanent like a
people. right.
The main principles laid down in the Convention A person A person
and maintained by the later Geneva Conventions provided receives legal receives certain
for the obligation to extend care without discrimination to Method of rights only after freedoms at birth
wounded and sick military personnel and respect for and Receiving becoming a itself. This
marking of medical personnel transports and equipment citizen or implies that it is
with the distinctive sign of the Red Cross on a white performing a an innate notion.
background. certain duty.

The United Nations (UN) What are Rights?

Fifty nations met in San Francisco in 1945 and A right is an entitlement that one receives when
formed the United Nations to protect and promote peace. one becomes part of society. Human can get different
types of rights throughout their lives depending on various
World War II had rage from 1939 to 1945, and as factors. A few factors are:
the end drew near, cities throughout Europe and Asia lay ▪ Age
in smoldering ruins. Millions of people were dead, millions ▪ Nationality
more homeless or starving. Russian forces were closing in ▪ Occupation
on the remnants of German resistance in Germany’s ▪ Education
bombed-out capital of Berlin. In the Pacific, US Marines
were still battling entrenched Japanese force on such
islands as Okinawa. A right can be given based on the economic, social and
political standing of an individual. A country confers
On April 1945, delegates from fifty countries met in national rights to a citizen. These rights are a core
San Francisco full of optimism and hope. The goal of the component of a country’s constitution. A few common
UN Conference on International Organization was to rights that are given to a citizen by their government is:
fashion an international body to promote peace and
prevent future wars. The ideals of the organization were ▪ Right to Education
stated in the preamble to its proposed charter: “We the ▪ Right to freedom of Thought
peoples of the United Nations are determined to save ▪ Right to freedom of Religion
succeeding generations from the scourge of war, which ▪ Right to Life
twice in our lifetime has brought untold sorrow to ▪ Right to freedom of Movement
mankind.” ▪ Right to freedom of Expression

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An individual receives rights because they are human.
These are known as human rights. Human rights were the
creation of the United Nations. The meeting wherein the
outline of Human Rights was given under the guidance of
Eleanor Roosevelt. Human rights include:
▪ Right to freedom of life
▪ Right against slavery
▪ Right against inhuman treatment and torture
▪ Right to equality
▪ Right to a fair trial and many more.
What is Freedom?
Freedom is a state of being where a person can
carry out different activities without interference from other
individuals or authority. This is an emotional entity. It is
also objective. This means that the term freedom can
mean different things for different people. People can have
a different perception of freedom depending on different
factors. They are:
▪ Upbringing
▪ Education
▪ Location
▪ Occupation
▪ Race
Freedom is a product of rights. This means that a person
can receive freedom only when he or she has been given
rights.
Freedom is also an essential component of human society.
Freedom allows one to live a happier and a healthier life. It
is a requirement for one to express themselves.
Main Difference Between Rights and Freedom
▪ A right has a legal binding. It is a privilege that a
country or an institution gives to an individual for
being a part of it. Freedom is a state of being.
▪ A right is an objective. However, Freedom is
subjective. It differs from person to person.
▪ A right is an important component of the
constitution. A person receives at different times.
Freedom is given to a person at the time of their
birth.
▪ A right cannot be taken away from a person
unlawfully. However, Freedom can be taken away
unlawfully as well as lawfully.
POLICE POWER
It is the capacity of the states to regulate behavior
and enforce order within their territory for the betterment of
the health, safety, morals and general welfare of their
inhabitants. Police power is defined in each jurisdiction by
the legislative body, which determines the public purposes
the need to be served by legislation.
STATE AND NON-STATE ACTORS ON HUMAN RIGHTS
Non - State Actors
Under traditional approaches to Human Rights,
Non-State actors are beyond the direct reach of
international human rights law. They cannot be parties to
the relevant treatise and so they are only bound to the
extent that obligations accepted by states can be applied
to them by governments. The result is that entities
including non-governmental organizations, international
organizations such as the UN, private security contractors,
and transnational corporations, along with many others,
are generally considered not to be bound directly by
human rights law.
LESSON 3: UNIVERSAL DECLARATION ON HUMAN
RIGHTS
On October 24, 1945, in the aftermath of World
War II, the UN came into being as an intergovernmental
organization, with the purpose of saving future generations
from the devastation of international conflict.
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UN representatives from all regions of the world
formally adopted the Universal Declaration of Human
Rights on December 10, 1948.
The Charter of the UN established six principal
bodies, including the general assembly, the Security
Council, the International Court of Justice, and in relation
to human rights, an Economic and Social Council
(ECOSOC).
The UN Charter empowered ECOSOC to
establish “commissions in economic and social fields and
for the promotion of human rights…” One of these was the
United Nations Human Rights Commission, which, under
the chairmanship of Eleanor Roosevelt, saw to the
creation of the UDHR.
The Declaration was drafted by representatives of
all regions of the world and encompassed all legal
traditions. Formally adopted by the UN on December 10,
1948, it is the most universal human rights documents in
existence, delineating the thirty fundamental rights that
form the basis for a democratic society.
Following the historic act, the Assembly called
upon all member countries to publicize the next of the
declaration and “to cause it to be disseminated, displayed,
read and expounded principally in schools and other
educational institutions, without distinction based on the
political status of countries or territories.”
Today, the Declaration is a living document that
has been accepted as a contract between a government
and its people throughout the world. According to the
Guinness Book of World Records, it is the most translated
document in the world.
The UDHR has inspired a number of other human
rights laws and treatise throughout the world.
Structure and Content
The underlying structure of the Universal Declaration was
influenced by the Code of Napoleon, including a preamble
and introductory general principles. Its final structure took
form in the second draft prepared by French jurist Rene
Cassin, who worked on the initial draft prepared by
Canadian legal scholar John Peters Humphrey.
The Declaration consists of the following:
▪ The preamble sets out the historical and social
causes that led to the necessity of drafting
Declaration.
▪ Articles 1-2 establish the basic concepts of dignity,
liberty and equality.
▪ Articles 3-5 establish other individual rights, such
as the right to life and the prohibition of slavery
and torture.
▪ Articles 6-11 refers to the fundamental legality of
human rights with specific remedies cited for their
difference when violated.
▪ Articles 12-17 set forth the rights of the individual
towards the community, including freedom of
movement and residence within each state, the
right of property and the right to a nationality.
▪ Articles 18-21 sanction to the so-called
“constitutional liberties” and spiritual, public, and
political freedoms, such as freedom of thought,
opinion, expression, religion and conscience,
word, peaceful association of the individual, and
receiving and imparting information and ideas
through any media.
▪ Articles 22-27 sanction an individual’s economic,
social and cultural rights, including healthcare. It
upholds an expansive right to an standard of
living, provides for additional accommodations in
case of physical debilitation or disability, and
makes special mention of care given to those in
motherhood or childhood.
▪ Articles 28-30 establish the general means of
exercising these rights, the areas in which the
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rights of the individual cannot be applied, the duty
of the individual to society, and the prohibition of
the use of rights in contravention of the purposes
of the United Nations Organization.
History
During World War II, the Allies (formally known as
the United Nations) adopted as their basic war aims the
four freedoms: Freedom of Speech, Freedom of Religion,
Freedom from Fear and Freedom from Want. Towards the
end of the war, the United Nations Charter was debated,
drafted, and ratified to reaffirm “faith in fundamental human
rights, and dignity and worth of the human person” and
commit all member states to promote universal respect for,
and observance of human rights and fundamental
freedoms for all without distinction as to race, sex,
language or religion. When the atrocities committed by
Nazi Germany became fully apparent after the war, the
consensus within the world community was that the UN
charter did not sufficiently define the rights to which it
referred. It was deemed necessary to create a universal
declaration that specified the rights of individuals so as to
give effect to the Charter’s provisions on human rights.
Bill of Rights and Constitutional Rights of the
Philippines
Bill of rights is located in Article III of the 1987
Philippine Constitution. The rights were discussed in the
following:
Section 1: No person shall be deprived of life, liberty and
property without due process of law, nor shall any person
be denied for the equal protection of the laws.
Section 2: The right of the people to be secured in their
persons, houses, papers and other 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 things
to be seized.
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.
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 the petition the 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 and
preference, shall forever be allowed. No religious test shall
be required for the exercise of civil or political rights.
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.
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.
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Section 8: The right of the people, including those
employed in the private and public sectors, to form unions,
Associations, or societies for purposes not contrary to law
shall not be abridged.
Section 9: Private property shall not be taken for public
use without just compensation.
Section 10: No law impairing the obligation of contracts
shall be passed.
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.
Section 12: (1) Any person under investigation for the
commission of an offenses hall 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
as 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.
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.
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.
Section 16: All persons shall have the right to a speedy
disposition of their cases before all judicial, quasi-judicial,
or administrative bodies.
Section 17: No person shall be compelled to be a witness
against him.
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.
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.
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(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.
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 of the
same act.
Section 22: No ex post facto law or bill of attainder shall
be enacted.
RIGHTS OF AN ACCUSED (Rule 115, Revised Rules of
Court)
Section 1: Rights of an accused at the trial. – In all
criminal prosecutions, the accused shall be entitled to the
following rights:
(a) To be presumed innocent until the contrary is proved
beyond reasonable doubt.
(b) To be informed of the nature and cause of the
accusations against him.
(c) To be present and defend in person and by counsel at
every stage of the proceedings, from arraignment to
promulgation of the judgment, the accused may, however,
waive his presence at the trial pursuant to the stipulations
set forth, unless his presence is specifically ordered by the
court for purposes of identification. The absence of the
accused without justifiable cause at the trial which he had
noticed shall be considered a waiver of his right to be
present thereat. When an accused under custody
escapes, he shall be deemed to have waived his right to
be present on all subsequent trial dates until custody over
him is regained. Upon motion, the accused may be
allowed to defend himself in person when it is sufficiently
appear to the court that he can properly protect his rights
without the assistance of counsel.
(d) To testify as a witness in his own behalf but subject to
cross-examination on matters covered by direct
examination. His silence shall not in any manner prejudice
him.
(e) To be exempt from being compelled to be a witness
against himself.
(f) To confront and cross-examine the witnesses against
him at the trial. Either party may utilize as part of its
evidence the testimony of a witness who is deceased, out
of or cannot with with due diligence be found in the
Philippines, unavailable or otherwise unable to testify,
given in another case or proceeding, judicial or
administrative, involving the same parties and subject
matter, the adverse party having the opportunity to cross-
examine him.
(g) To have compulsory process issued to secure the
attendance of witnesses and production of other evidence
in his behalf.
(h) To have speedy, impartial and public trial.
(i) To appeal in all cases allowed and in the manner
prescribed by law.
Republic Act No. 8371 – An Act to Recognize, Protect
and Promote the Rights of Indigenous Cultural
Communities/Indigenous Peoples, Creating a National
Commission on Indigenous Peoples, Establishing,
Implementing Mechanisms, Appropriating Funds
Therefor, and for Other Purposes (Long title)
- It is also known as “The Indigenous People’s Rights
Act of 1997”. (Short title)
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Section 2. (c) The state shall recognize, respect and
protect the rights of Indigenous Cultural
Communities/Indigenous Peoples (ICCs/IPs) to preserve
and develop their cultures, traditions and institutions. It
shall consider these rights in the formulation of national
laws and policies.
(d) The state shall guarantee that member of the
ICCs/IPs regardless of sex, shall equally enjoy the full
measure of human rights and freedoms without distinction
or discrimination.
(e) The state shall take measures, with the
participation of the ICCs/IPs concerned, to protect their
rights and guarantee respect for their cultural integrity, and
to ensure that members of the ICCs/IPs benefit on equal
footing from the rights and opportunities which national
laws and regulations grant to other members of the
population..
Section 7. Rights to Ancestral Domains. – The rights of
ownership and possession of ICCs/IPs to their ancestral
domains shall be recognized and protected. Such rights
shall include:
a. Right of Ownership – The right to claim ownership
over lands, bodies of water traditionally and actually
occupied by ICCs/IPs, sacred places, traditional hunting
and fishing grounds, and all improvements made by them
at any time within the domains;
b. Right to Develop Lands and Natural Resources –
Right to develop, control and use lands and territories
traditionally occupied, owned, or used…
c. Right to Stay in the Territories – The right to stay in
the territory and not to be removed therefrom. No
ICCs/IPS will be relocated without their free and prior
informed consent, nor through any means other than
eminent domain.
d. Right in Case of Displacement – In case displacement
occurs as a result of natural catastrophes, the State shall
endeavor to resettle the displaced ICCs/IPs in suitable
areas where they can have temporary life support
systems.
e. Right to Regulate Entry of Migrants
f. right to Safe and Clean Air and Water
g. Right to Claim Parts of Reservations – The right to
claim parts of ancestral domains which have been
reserved for various purposes, except those reserved and
intended for common public welfare and service.
h. Right to Resolve Conflict – Right to resolve land
conflicts in accordance with customary laws of the area
where the land is located.
Section 8. Rights to Ancestral Lands. – The right of
ownership and possession of the ICCs/IPs to their
ancestral lands shall be recognized and protected.
a. Right to transfer land/property – Such right shall
include the right to transfer land or property rights
to/among members of the same ICCs/IPs.
b. Right to Redemption - In cases where it is shown that
the transfer of land or property rights by virtue of any
agreement or advise, to a non – member of the concerned
ICCs/IPs is tainted by the vitiated consent of the ICCs/IPs.
LESSON 3: UNITED NATIONS and INTERNATIONAL
HUMANITARIAN LAW
United Nations
Is an intergovernmental organization aiming to
maintain international peace and security, develop friendly
relations among nations, achieve international
cooperation, and be a center for harmonizing the actions
of nations. It is the world’s largest, most familiar, most
 lOMoARcPSD|29787159
representative, and most powerful international
organization. The UN is headquartered on international
territory in New York City and has other main offices in
Geneva, Nairobi, Vienna and The Hague.
The UN was established after World War II with
the aim of preventing future wars, succeeding the
ineffective League of Nations. On April 25, 1945, 50
governments met in San Francisco for a conference and
started drafting the UN charter, which was adopted on
June 25, 1945 and took effect on October 24, 1945, when
the UN began operations. Pursuant to the charter, the
organization’s objectives include maintaining international
peace and security, protecting human rights, delivering
humanitarian aid, promoting sustainable development, and
upholding international law.
Its current Secretary-General is a Portuguese
politician and diplomat Antonio Guterres, who began his
first five-year term on January 01, 2017 and was re-
elected on June 08, 2021.
The UN has six principal organs: the General
Assembly; the Security Council; the Economic and
Social Council (ECOSOC); the Trusteeship Council; the
International Court of Justice; and the UN Secretariat.
UN GENERAL ASSEMBLY (UNGA) or (GA)
Serves as the main deliberative, policy making,
and representative organ of the UN. Its powers,
composition, functions and procedures are set out in
Chapter IV of the UN Charter. They are responsible for the
UN budget, appointing the non-permanent members to the
Security Council, appointing the Secretary-General of the
UN, receiving reports from other parts of the UN system,
and making recommendations through resolutions. The
GA is the only UN organ wherein all member states have
equal representation.
UN SECURITY COUNCIL (UNSC)
Charged with ensuring international peace and
security, recommending the admission of new UN
members to the General Assembly, and approving any
changes to the UN charter. Its powers include establishing
peacekeeping operations, enacting international sanctions,
and authorizing military action. The UNSC is the only UN
body with the authority to issue binding resolutions on
member states.
ECONOMIC AND SOCIAL COUNCIL (ECOSOC)
French: Conseil Economique et Social Des Nations Unies
(CESNU)
It is one of the six principal organs of the United
Nations, responsible for coordinating the economic and
social fields of the organization, specifically in regards to
the fifteen specialized agencies, the eight functional
commissions and the five regional commissions under its
jurisdictions.
ECOSOC serves as the central forum for
discussing international economic and social issues and
formulating policy recommendation addressed to member
states and the United Nations system.
The council consists of 54 Member States, which
are elected yearly by the General Assembly for
overlapping three-year terms. The President of the council
is elected for a one-year term and chosen from the small
or medium sized states represented on the council at the
beginning of each new session.
UN TRUSTEESHIP COUNCIL (UNTC)
French: Conseil de tutelle des Nations unies
Established to help ensure that trust territories
were administered in the best interests of their inhabitants
and of international peace and security. The trust territories
– most of them former mandates of the League of Nations
or territories taken from nations defeated at the end of
World War II – have now all attained self –government or
independence, either as separate nations or by joining
neighboring independent countries.
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INTERNATIONAL COURT OF JUSTICE (ICJ)
French: Cour Internationale de justice
Sometimes known as World Court. It settles
disputes between states in accordance with international
law and gives advisory opinions on international legal
issues. The ICJ is the only international court that
adjudicates general disputes between countries, with its
rulings and opinions serving as primary sources of
international law.
The ICJ is the successor of the Permanent Court
of International Justice (PCIJ), which was established in
1920 by the League of Nations. After the second World
War, both the league and the PCIJ were replaced by the
UN ICJ, which sets forth its purpose and structure, draws
heavily from that of its predecessor, whose decisions
remain valid.
The ICJ consists of a panel of 15 judges elected
by the UN General Assembly and Security Council for
nine-year terms. No more than one nationality may be
represented on court at the same time, and judges
collectively must reflect the principal civilizations and legal
systems of the world. Its working languages are English
and French.
UN SECRETARIAT
French: Secretariat des Nations unies
It is the UN’s executive arm. The Secretariat has
an important role in setting the agenda for the deliberative
and decision-making bodies of the UN (GA, ECOSOC and
UNSC), and the implementation of the decision of these
bodies. The Secretary-General, who is appointed by the
General Assembly, is the head of the Secretariat.
THE INTERNATIONAL HUMANITARIAN LAW (IHL)
It is the international Law of Armed Conflict
(LOAC), with two general objectives and areas of concern
regarding armed conflict:
▪ As to protection of its victims (Geneva Law or Red
Cross Law); and
▪ as to limitation of its methods and means of
warfare (Hague Law).
Human rights and humanitarian law are two distinct and
yet closely related branches of the international legal
system.
Distinction
Human Rights Law Humanitarian Law
Establishes universal The law of armed conflict
rights that every individual or the law of war: a body
should enjoy at all times, of rules which in wartime
in both peace and in war. protect persons who are
States are obliged vis-à- not or no longer
vis the individual living participating in the
within their jurisdiction to hostilities and which limit
respect and protect these. methods and means of
warfare – to make war the
least inhumane possible.
Warring parties,
traditionally States in
international conflicts, are
to be observe and comply
with these rules.
Concept
▪ Its provisions are intended both to protect people
who are not or no longer taking part in hostilities
as well as to restrict the methods and means used
to wage war.
▪ Its purpose is to limit the suffering war causes by
affording victims the maximum possible protection
and assistance.
Scope
▪ The greater part of international humanitarian law
applies to situations involving international armed
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conflicts waged between subjects of international
law.
▪ While there are only limited rules concerning non-
international armed conflicts, i,e. Conflicts within a
country, they, too, are considered of great
importance.
Key Principles
▪ Underlying all norms in the area of humanitarian
international law is the effort to find a balance
between the conflicting interests of military
necessity on the one hand and humanity on the
other.
This gives rise to the following key principles:
▪ Neither the conflicting parties no members of their
armed forces have unlimited freedom in the choice
of methods and means with which to wage war.
▪ Hence the use of weapons and methods which
inflict excessive injuries and unnecessary suffering
is forbidden.
To protect the civilian objects, these must in all
circumstances be a clear distinction made between
civilians and combatants.
▪ Neither the civilian population as a whole nor
individual civilians may be attacked.
▪ Attacks must be aimed exclusively at military
targets.
Combatants and civilians in the power of an opposing
party have the right to have their lives and dignity
respected.
They must be protected from any violence or repressive
measures.
It is prohibited to kill or injure an adversary who surrenders
or is unable to continue fighting.
Institutions
International Committee of the Red Cross (ICRC).
▪ Red Cross
▪ Red Crescent
Although it is an association under Swiss law based in
Geneva, it has international legal personality in a number
of aspects.
In institutions of civil war, too, the ICRC is entitled under
article 3 of the Geneva conventions to offer its services to
the warring parties.
The basic pre-requisite for its work is strict impartially and
neutrality.
Together with the International Federation of Red Cross
and Red Crescent Societies, the ICRC and the National
Red Cross and Red Crescent Societies from the
International Red Cross and Red Crescent Movement.
Its representatives meet with the representatives of the
States Parties to the Geneva Conventions at the
International Red Cross and Red Crescent conferences
that are usually held every four years.
What is International Humanitarian Law?
▪ This body of law can be defined as the principles
and rules which limit the use of violence in times
of armed conflict.
Essential Rules
▪ Neither the parties to the conflict nor members of
their armed forces have an unlimited right to
choose methods and means of warfare. It is
forbidden to use weapons or methods of warfare
that are likely to cause unnecessary losses or
excessive suffering.
▪ The wounded and sick must be collected and
cared for by the party to the conflict which has
them in its power. Medical personnel and medical
establishments, transports and equipment must
be spared. The red cross or red crescent on a
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white background is the distinctive sign indicating
that such persons and objects must be respected.
▪ Captured combatants and civilians who find
themselves under the authority of the adverse
party are entitled to respect for their lives, their
dignity, their personal rights and their political,
religious and other convictions. They must be
protected against all acts of violence or reprisal.
They are entitled to exchange news with their
families and receive aid. They must enjoy basic
judicial guarantees.
Three (3) main currents
1. The “Law of Geneva”, represented by the international
conventions and protocols established under the aegis of
the International Committee of the Red Cross (ICRC) with
the protection of the victims of conflict as their central
concern;
2. The “Law of The Hague”, based on the results of the
peace conferences in the capital of the Netherlands in
1899 and 1907, which dealt principally with the permissible
means and methods of war;
3. The efforts of the UN to ensure that human rights are
respected in armed conflicts and to limit the use of certain
weapons.
Commission on Human Rights (CHR) Powers:
▪ Investigative – political and civil
▪ Compulsory processes
▪ Provide legal measures
▪ Legal aid
▪ Jail and detention center monitoring
▪ Research programs
▪ Government compliance monitoring
Human Rights’ Protection
▪ Investigation and Hearing Complaints
▪ Legal aid and counselling
▪ Legal research
▪ Assistance to Human Rights Victims
▪ Visitorial services
▪ Child rights protection services
▪ Special prosecutor system
What is Armed Conflict, when does it exist?
a. Between states, and between states and national
liberation movements. (International Armed Conflict)
Ex. World War II; between Israel and PLO
b. Between governmental authorities and organized armed
groups. (Non-International Armed Conflict or NIAC)
Ex. AFP vs. NPA
c. Between organized armed groups within state. (NIAC)
Ex. NPA vs. Rebolusyonaryong Hukbong Bayan
What are the main kinds of IHL? What is the
significance of this?
1. Treaty Law – Treaties, conventions, protocols and
similar international legal instruments – binding on States
Parties which ratify or accede.
2. Customary Law – Generally accepted principles and
rules established by sufficient state practice and legal
opinion, which are binding on all, particularly on all parties
(including non-state armed groups) to armed conflicts in
the case of customary IHL.
How does IHL relates to Human Rights (HR)? What are
their distinctions?
1. Relations governed
HR – Between state and individual, for protection of the
individual from state power and abuse (recent legal trends
to cover protection from non-state armed group abuse).
IHL – Between parties in armed conflict, in between
both/all of them and affected civilians or non-combatants,
for their protection and, to some extent, also for the
protection of combatants from certain methods and means
(weapons) of warfare.
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2. Obliged parties
HR – The state, recently also non-state actors
IHL – Both parties, state or non-state armed group.
3. Time applicability
HR – At all times, in peace and in war, but some
derogation allowed all times in public emergency.
IHL – In times of armed conflict, no derogation under any
circumstances therein; some limited application, like
promotion measures, in peace time.
4. Place applicability
HR – In all places globally
IHL – In areas of armed conflict
5. Main treaty sources
HR – HR treaties
IHL – IHL treaties
How does IHL become part of the Philippine Legal
System?
1. Customary IHL, and the incorporation clause of the
Philippine Constitution which provides that the Philippines
adopts the generally accepted principles of international
law as part of the law of the land.
2. Treaty IHL, and the treaty clause of the Phil.
Constitution which provides that no treaty or international
agreement shall be valid and effective unless (its
ratification by the President has been) concurred by in at
least two-thirds of all the members of the Senate.
3. Implementing legislation and/or administrative action –
where necessary for implementation, such as with ratified
treaty provisions that are not self-executory, usually those
requiring the imposition of penal sanctions.
4. Special agreements on IHL between the Philippine
government and different rebel groups – are technically not
part of the legal system but are similar to civil contracts in
the sense of being “the law between parties.”
5. Unilateral declarations of adherence to IHL by Philippine
rebel groups – are more so technically not part of the legal
system but can likewise be invoked with the rebel groups
which issue them.
What are the Fundamental Principles of IHL?
These are not mere abstract concepts but are of valuable
practical application to various situations in the field.
▪ Distinction
▪ Proportionality
▪ Limitation
▪ De Martens Clause
Principle of Distinction
▪ Most basic principle of IHL which is for the parties
to the conflict to distinguish between combatants
and civilians, and between military objectives and
civilian objects.
▪ Indiscriminate attacks are those which: (a) are not
directed at a specific military objective; (b) employ
a method of means of combat which cannot be
directed at a specific military objective; and (c)
employ a method or means of combat the effects
of which cannot be limited as required by the rules
of war.
Consequently, the following, are prohibited:
Acts or threats of violence, the primary purpose of
which is to spread terror among the civilian population
(concept of terrorism)
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▪ Attacks by bombardment which treats as a single
military objective a number of clearly separated
and distinct military objectives in a city, town,
village, or other area containing a concentration of
civilians or civilian objects.
▪ Indiscriminate attacks are prohibited, and so are
the use of weapons which are by nature
indiscriminate. This is the main principle for civilian
protection.
Principle of Proportionality
▪ Proper balancing of the conflicting interests
between military necessity and humanitarian
considerations.
▪ Among several military objectives for obtaining a
similar military advantage, the objective selected
should be the one where the attack may be
expected to cause the least danger to civilians and
civilian objects.
It is prohibited to launch an attack which may be expected
to cause incidental loos of (collateral damage) civilians and
civilian objects which would be excessive in relation to the
military advantage anticipated.
There must therefore be various precautions in attack as
well as against the effects of attacks.
The principle of proportionality is also reflected in two
concepts:
1. Is the prohibition of causing superfluous injury to
unnecessary suffering, especially as applied to means and
methods of warfare.
2. Is the weighing of not only humanitarian but also socio-
economic and (natural) environmental consequences vis-
à-vis military utility, much like the weighing of costs and
benefits or of ends and means.
Principle of Limitation
Basic rule that the right of the parties to the conflict
to choose methods or means of warfare is not unlimited.
As the saying goes, “Even War Has its Limits.” IHL then
provides both general and specific limitations or restraints.
Principle of De Martens Clause
▪ “Fall Back” principle, “in cases not covered by
the Regulations… the inhabitants and belligerents
remain under the protection and the rule of
principles of the law of nations, as they result from
the usages established among civilized peoples,
form the laws of humanity, and the dictates of the
public conscience.”
▪ Note not only civilized usages and sense of
humanity but also the public conscience (thus,
public opinion to some extent) as guides or “fall
backs” in the absence of specific rules.
Civilians and Combatants
Civilians – Are person who are not members of the armed
forces of a party to an armed conflict, and are protected
against attack, unless and for such time as they take a
direct part in armed hostilities.
Combatants – Are all members of such armed forces
usually or international armed conflicts, except medical
and religious personnel.
Civilian Objects and Military Objects
Civilian Objects are all objects that are not military
objectives and protected against attack, unless and such
time as they are military objectives.
Some examples of civilian objects are houses, schools,
churches, farms, commercial buildings, industrial plants,
power transmission towers, cell sites, public transports,
other civilian infrastructures and also cultural properties.
Military Objectives are limited to those objects which, by
their nature, location, purpose or use, make for an effective
 lOMoARcPSD|29787159
contribution to military action and whose destruction,
capture or neutralization, under the circumstances, offers a
definite military advantage.
Who is a person “Hors de Combat”?
▪ He or she is a person “out of combat”, including a
combatant who is no longer in a condition to
engage in combat. More specifically, anyone who:
 is in the power (like captive) of an adverse
party;
 is defenseless because of consciousness,
shipwreck, wounds or sickness; or
 clearly expresses an intention to
surrender; provided he or she abstains
from any hostile act and does not attempt
to escape.
The fundamental guarantees for the treatment of
civilians and persons Hors de Combat:
▪ They must be treated humanely.
▪ The following are all prohibited:
 Any form of adverse discrimination
 Murder
 Torture, cruel or inhuman treatment, and
outrages upon personal dignity, in
particular humiliating and degrading
punishment
 Corporal punishment
 Mutilation, medical or scientific
experiments, or any other medical
procedure not indicated by the state of the
health of the person concerned and not
consistent with generally accepted
medical standards.
 Rape and other forms of sexual violence
 Slavery and slave trade in all their forms
 Uncompensated or abusive forced labor
 Hostage-taking
 Use of human shields
 Enforced disappearance
 Arbitrary deprivation of liberty
 Collective punishments
Basic rules for protection of persons deprived of their
liberty:
 They must be provided with adequate food, water,
clothing, shelter, and medical attention.
 Women must be held in quarters separate from
those of men, except where families are
accommodating as family units, and must be
under the immediate supervision of women.
 Children must be held in quarters separate from
those of adults, except where families are
accommodating as family units.
 They must be held in premises which are
removed from the combat zone and which
safeguard their health and hygiene.
 Pillage of their personal belongings is prohibited
 Their personal details must be recorded
 They must be allowed to correspond with their
families, subject to reasonable conditions relating
to frequency and the need for censorship by the
authorities.
 They must be allowed to receive visitors,
especially near relatives, to the degree practicable
Legal remedies in cases of Enforced Disappearances
and Extra-Judicial Killings (EJK)
1. Writ of Habeas Corpus (WOHC)
Is a Latin phrase which literally means “you have
the body.” The writ is an order to the person in charge of
someone’s detention to deliver the named person so that
the court can investigate the legality of his imprisonment.
Basically, it is a writ directed to the person detaining
another, commanding him to produce the body of the
prisoner at the designated time and place and explain the
cause of his detention. The WOHC generally extends to all
cases of illegal confinement or detention by which a
person is deprived of liberty, or the rightful custody of a
person is withheld from the person entitled to it.
2. Writ of Amparo (WOA)
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The Writ of Amparo is of Mexican origin. Amparo
means protection from the Spanish word “Amparar”. It is a
remedy available to any person whose right to life, liberty
and security has been violated or is threatened with
violation by an unlawful act or omission of a public
official/employee, or of a private individual or entity.
The writ is issued in cases of EJK and Enforced
Disappearances or threats thereof.
3. Writ of Habeas Data (WOHD)
The WOHD is a remedy available to any person
who’s the right to privacy in life, liberty or security is
violated or threatened by an unlawful act or omission of a
public official or private individual. The WOHD enables the
petitioner to invoke the right to privacy and right to
information.
LESSON 4: MEANS AND METHODS OF WARFARE
International Humanitarian Law
▪ Protects all persons who are not, or no longer
participating in the hostilities, as well as certain
places and objects.
▪ Restricts the rights of the warring parties to use
the means and methods of warfare of their choice.
Limitations on means and methods of warfare
▪ The right of the parties to the conflict to choose
methods and means of warfare are not unlimited.
(Art. 22, Hague Law)
▪ It is prohibited to employ means and methods of
warfare of a nature to cause superfluous injury or
unnecessary suffering. (Art. 23, Hague Law)
▪ Parties of a conflict must all times distinguish
between civilians and combatants.
▪ Indiscriminate attacks are prohibited.
▪ Weapons that inherently indiscriminate of have
indiscriminate effects must not be used.
▪ It is prohibited to employ methods or means of
warfare which are intended or may be expected to
cause widespread, long-term and severe damage
to the natural environment.
Declaration of St. Petersburg (1868)
▪ That the only legitimate object which States should
endeavor to accomplish during war is to weaken
the military forces of the enemy;
▪ that for this purpose it is sufficient to disable the
greatest possible number of men;
▪ that this object would be exceeded by the
employment of arms which uselessly aggravate
the sufferings of disabled men, or render their
death inevitable;
▪ that the employment of such arms would,
therefore, be contrary to the laws of humanity.
Prohibition to cause superfluous injury or
unnecessary sufferings
▪ Requires that a balance be struck between
military necessity and the expected injury or
suffering inflicted.
▪ Excessive injury or suffering, that which is out of
proportion to the military advantage sought.
Martens Clause
In cases not covered by international agreements,
civilians and combatants remain under the protection of
the principles of international law derived..
▪ from established customs
▪ from the principles of humanity, and
▪ from the dictates of public conscience
Regulation of Specific Weapons
▪ exploding bullets
▪ expanding bullets
▪ poison
▪ chemical weapons
▪ biological weapons
▪ non-detectable fragments
▪ blinding laser weapons
▪ cluster munitions
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▪ mines, booby traps and other similar explosive

devices, and
▪ incendiary weapons

Police Station Checklist on Human Rights-Based

Policing

1. Number of Profile of Personnel with:

 Basic and advanced training in human rights
 Human rights modules in mandatory and special
courses
 Additional human rights seminars, workshops, and
training conducted by the CHR
 Additional human rights seminars, workshop,
training conducted by NGOs and foreign
organization

2. Number of Custodial Detention Facilities/Lock-up Cells

Inspected:
 Are there separate facilities for men, women, and
children?
 Is there a regularly updated database on
detainees including their complete name, address,
age, sex, nature of crime, status of case or
investigation, date of inquest, release or transfer to
jail, contact details of lawyer or family, etc.?
 Is the custodial detention facilities/lock-up cells
clean, safe and secure?
 Are detainees confined in facilities that pose no
threat to their health and safety?
 Excessive use of force.

3. Number of Profile and Complaints of Alleged Human

Rights Violations such as:
 Illegal Arrest
 Illegal Detention
 EJK or Summary executions
 Enforced Disappearances
 Other human rights violations

4. Number and status of alleged cases of human rights

violations investigated or handled by the police station.

5. Display of posters and information materials on Rights

of Person Arrested, Detained or under Investigation (R.A
7438) at the police station and other PNP offices.

6. Display the posters inside the investigation room, near

custodial detention facilities, and other prominent locations
inside the police station.

7. Preparation on Human Rights Desk Workflow and

directory of other PNP units and government agencies
involved in human rights protection.

8. Human rights promotion/protection action plan (police

station level)

9. Coordination with Brgy. Human Rights Action Officer

(BHRAO) on joint human rights plans and activities;
protective services to victims of human rights violations;
and other mission-essential tasks related to human rights
promotion and protection at the community level.

--Human Rights are inherent to all human beings—

--end note--

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