INSTITUTIONAL

SETTING OF HUMAN
RIGHTS
GUANZING, REYNALD
GALVEZ, MAC CHARLIE
INDUCIL, JUDE MICHAEL
GUMIRAN, MARK ANGELO
FERNANDEZ, JIMCEL
DEFINITION OF TERMS

National Human Rights Institutions (NHRIs) - Institutions created for the promotion
and protection of human rights, especially of vulnerable and marginalized groups

Paris Principles -Principles that enlighten the function of national human rights
institutions
National Human Rights Institutions -There are many institutions involved in human
rights protection and pertained to is the institution “whose specific functions are to
promote and protect human rights.
In the Philippines, the primary human rights institution is the commission.
Internationally, NHRIs collaborate and cooperate through the Global Alliance for
National Human Rights Institutions (GANHRI), which is established in 2003. This
international association helps NHRIs link with UN Human Rights Council, provides
platform for cooperation, builds capacities of NHRIS, assists NHRIs under threat, and
may also help governments establish NHRIs.

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9/8/20XX PRESENTATION TITLE 3
HUMAN RIGHTS IN PHILIPPINE LAW ENFORCEMENT
DEFINITION OF TERMS:
Equal Protection - Everyone is entitled to equal protection of the law, without
discrimination on any grounds, and especially against violence and other threats. Be
especially vigilant to protect potentially vulnerable groups such as children, the elderly,
women, refugees, displaced persons, and members of minority groups.
Respectful Treatment - Treat all citizens and victims of crime with compassion and
respect, with utmost consideration for their need for safety and privacy.
Use of Force - Do not use force, except when strictly necessary and to the minimum
extent required under the circumstances.
Arresting Persons on Legal Grounds - Arrest persons only if there are legal grounds to
do so, and the arrest is carried out in accordance with lawful arrest procedures.
Detainee's Rights - Ensure that all detainees, immediately after their arrest, have
access to their family and lawyer. They must also be given immediate medical
assistance whenever necessary.

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Individual Obligations In Human Rights
All human rights, regardless of category, are indivisible and interdependent other
rights, such as the rights of the suspects as enshrined and guaranteed by no less than
the Constitution. Protection of human rights is continually observed and subject to
very defined exceptions.

• State Obligations in Human Rights

• Obligation to respect human rights
• Obligation to protect human rights
• Obligation to fulfill human rights

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 Police Obligations in Human Rights
When a police officer arrests a suspect, he or she is interfering with that suspect's human right to
personal liberty and security. The basis for interfering or deprivation of liberty brought about by
arrest is to protect the life of others or to enforce the law but at all times must have basis in law.
Here are some examples of the application of Human Rights' principles that all for protection and
respect by police authorities:

Human Rights Police should Police should not

Life Take appropriate action in
case of threats to life and
property
Freedom from torture and illreatm Act on domestic violence
ent swiftly
Personal liberty and fair trial Uphold and respect
the person's right to be
informed of the nature and
cause of arrest/accusation
Peaceful assembly Maintain peace and order
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Use excessive lethal force
Intimidate during
interrogation and use
excessive physical force
Arrest without sufficient
ground(s)
Unlawfully disperse or low
or no tolerance
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Characteristics of Human Rights
• Internationally guaranteed
• Legally protected
• Focus on the dignity of the human being
• Oblige States and State Actors
• Cannot be waived or taken away
• Equal and interdependent
• Universal
Who Makes Human Rights Rules?
It is the states themselves who make the
rules through the development of customs,
the development of treaties, and the
development of international declarations,
guidelines, and bodies of principles. States
agree on the content of these sources and
agree to be bound by them. In the case of
human rights, while it is individuals and
groups who are protected, it is the conduct of
states(and state actors) that is regulated.
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Venue of Rules on Human Rights
Rules are made and conducted at international bodies and
meetings, such as the United Nations Commission on Human
Rights, United Nations General Assembly, United Nations Crime
Congresses, and other regional organizations.
Monitoring of Human Rights
There are two levels of stakeholders who monitor human rights.
These are the national level and the international level. The
national level is composed of:
• Concerned government agencies and services, including the
police;
• National human rights institutions (such as a human rights
commission);
• Human rights and other nongovernmental organizations
(NGOs);
• The courts;
• Parliament;
• The media;
• Professional organizations (such as lawyers, criminologists,
etc.);
• Trade unions;
• Religious organizations; and
• Universities and their human rights center.
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List of General International Human Rights Instruments
a. Universal Declaration of Human Rights (1948)
b. International Convention on the Elimination of All Forms of Racial Discrimination
(1965)
c. International Covenant on Civil and Political Rights (1966)
d. International Covenant on Economic, Social and Cultural Rights (1966)
e. United Nations Convention on the Elimination of All Forms of Discrimination Against
Women (1979)
f. United Nations Convention on the Rights of the Child (1989)
g. United Nations Convention on the Rights of Persons with Disabilities (2006)
h. European Convention on Human Rights (1950)
i. European Social Charter (1961)
j. Charter of Fundamental Rights of the European Union (2000)

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Selected International Human Rights for Law Enforcement Officials
1. UN Convention Against Torture and Other Cruel, Inhumane, and Degrading
Treatment or Punishment (1984)
2. Optional Protocol to the UN Convention Against Torture and Other Cruel, Inhuman,
or Degrading Treatment or Punishment(2002)
3. European Convention for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment (1987)
4. International Convention for the Protection of All Persons from Enforced
Disappearance(2006)
5. UN Code of Conduct for Law Enforcement Officials (1979)
6. UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of
Power(1985)
7. UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
(1990)
8. Council of Europe Declaration on the Police (1979)
9. Council of European Code of Police Ethics (2001)
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The Philippine Commission on Human Rights
The Commission on Human Rights (CHR) is an independent National Human Rights Institution
(NHRI) created under the 1987 Philippine Constitution, established on 05 May 1987 by virtue of
Executive Order No.163.
The Commission is mandated to conduct investigations on human rights violations against
marginalized and vulnerable sectors of the society, involving civil and political rights.
Constitutional Basis on the Creation of the Commission on Human Rights
The Commission on Human Rights was created as response to the atrocities committed during
Martial Law. When the 1987 Constitution was drafted, Article XIII on Social Justice and Human
Rights defined the creation of the Commission.
Composition of the Commission on Human Rights
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 35 years of age, they 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.

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The Organizational
and Institutional
Structure of the
Philippine
Commission on
Human rights

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Powers and Functions of the Commission on Human Rights
(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
underprivileged 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 rightsor 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.
(11) Perform such other duties and functions as may be provided by law.

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Law Enforcement and Human Rights

Human Rights - Based Policing on the National and International Spheres

International human rights law is binding on all states and their agents, including law enforcement
officials. Human rights are a legitimate subject for international law and international scrutiny. Law
enforcement officials are obliged to know and apply international standards for human rights.
Characteristics of Human Rights-Based Policing
The PNP Guidebook on Human Rights - Based Policing provides for the characteristics of human rights-
based policing as follows:
Strict Observance of Police Policies and Procedures
Human rights - based policing entails strict observance of police policies and operational procedures.
Most, if not all violations of human rights, occur when police officers do not follow established policies
and procedures. Short cuts, omissions, and blatant disregard for procedures are unacceptable behaviors
that violate our national laws, PNP rules and regulations, and generally accepted socio-cultural norms.
Adherence to International Human Rights Standards for Law Enforcement
Human rights - based policing is about adhering to international standards of human rights in law
enforcement Of course, there are differences between Philippine laws and those of other states. The
crime situation in the country is also peculiar, and some international standards may not be
immediately attainable in the Philippines.

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Basic International Human Rights
Standards for the Law Enforcement
1. Equal Protection
2. Respectful Treatment
3. Use of Force
4. Policing Non-Violent Assemblies
5. Use of Lethal Force
6. Arresting Person on Legal Grounds
7. Detainee's Rights
8. Humane Treatment of Detainees
9. Refusal to Obey Unjust Orders
10. Reporting Violation
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Ethical and Legal Conduct of Law
Enforcers
As previously defined, human rights are
inherent in the dignity of every human being.
As such, law enforcers are expected to
respect and obey the law, especially in
effecting procedures for arrests and seizures.
Of course, a law enforcer is also expected to
maintain a high degree of responsibility
required by his or her profession. Thus, his or
her duty as law enforcer is to maintain the
ethical standards of his or her profession and
maintain the sanctity of human rights on
every person to whom he or she has arrested.
In other words, all police actions must strictly
observe the principles of legality, necessity,
nondiscrimination, proportionality, and
humanity.
PRESENTATION TITLE 14
The following are some of the most serious human rights violations requiring police vigilance.
Torture- This refers to any act committed with the intent to cause severe pain or suffering,
mental or physical, for the purpose of:
(a) obtaining information or a confession; and
(b) punishing, intimidating, or coercing.
Enforced or Voluntary Disappearance (Desaparecidos)-This is the arrest, detention, abduction,
or other deprivation of liberty by the government or its agents, or with their complicity,
tolerance, or acquiescence, where the fate or whereabouts of the victim is not disclosed or
custody is not confirmed.
Extra legal, Arbitrary, and Summary Executions (Extrajudicial Killings)-This refers to the
deprivation of life without full judicial and legal process and with the involvement, complicity,
tolerance or acquiescence of the government or its agents. It includes death through the
excessive use of force by police or security forces.
Effect of Violation of Human Rights by a Law Enforcement Agent- Surely, a law enforcer will
become a law breaker. If the law enforcer transgresses human rights, he or she also curtailed
the human dignity of a person. Consequently, public confidence is eroded, and support by the
public is diminished.
Effect of Upholding and Protecting Human Rights-Community cooperation and public
confidence is achieved. The police can even help in the peaceful resolution of conflicts and
complaints without necessarily resorting into court action. Even if the conflict reaches in court,
there will be a tendency of a successful prosecution of the case
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Nondiscrimination in Law Enforcement
All persons are born free and equal in dignity and in rights. In protecting and serving the community,
police shall not unlawfully discriminate on the basis of race, gender, religion, language, color, political
opinion, national or ethnic origin, property, birth, or other status. As for police applicants, recruitment,
hiing, assignment, and promotions policies of police agencies shall be free from any form of
discrimination.
Police Investigations
The purpose of criminal investigation is primarily for detection of crime. Moreover, the investigators can
also utilize the investigation process in the identification and discovery of possible witnesses. At the
scene of the crime, part of the investigation process is to secure the evidence by scientific recovery and
preservation. This is not merely confined to the identification of the perpetrator of the crime.
Salient Rules on Investigation in Consonance with Human Rights
All investigations, including interviewing of witnesses, victims, and
suspects; personal searches; searches of vehicles and premise; and interception of
communications:
1. Shall not be unlawful, arbitrary, unduly intrusive, or biased;
2. Shall be competent, thorough, prompt, impartial, and lawful;
3. Shall include careful processing of crime scenes; and
4. Shall seek to collect and preserve evidence.

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Arrest- Becomes illegal if it is done in an arbitrary manner.Thus,illegal arrest or detention is deprivation of liberty, without
any legal reason or process,by an act of government or with its complicity, tolerance, or acquiescence.
Human Rights of an Arrested Person
1. Prohibition of arbitrary arrest
2. Right to be informed of reasons at the time of arrest
3. Right to be promptly informed of the charges
4. Right to be brought promptly to proper authorities for disposition
5. Right to access to a lawyer
6. Right to interpreter, when necessary
7. Right to bail
8. Right to notify family of his or her whereabouts
Arbitrary Arrest and Detention
Deprivation of liberty without lawful reason or due process by an act of the government or its agents, or with their
complicity, tolerance, or acquiescence.
Arbitrary, Defined
A police officer may be violating human rights if he or she abuses his or her authority by arresting a human being not based
on legal grounds and not respecting legal procedures, the arrest is not reasonable/inappropriate in a given circumstance, is
not proportionate to the legal objectives, and if his or her actions are not predictable.
Detainees and Prisoners
A detainee is a person deprived of liberty by means other than conviction. He or She may be a detainee not only because of
a lawful cause but also for some medical causes.On the other hand, a prisoner is a person deprived of liberty as a result of
a conviction of an offense.

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Use of Force and Firearms
Use of Force -A law enforcer must bear in mind that it is a primary responsibility to enforce the law and
maintain order-that the law enforcer must exercise the powers lawfully and effectively.
Use of Firearms -must be used exclusive under extreme circumstances. In other words, use for firearms may
be permitted when less extreme measures are not enough. It must be used only in self-defense or defense for
the lives of others against imminent threat of either physical injury or death.

Juveniles (Children in Conflict with the Law or Children at Risk)

Detention is considered the last resort for children in conflict with the law. Family and community resources
must be mobilized to support, reform, and avoid institutional treatment. Government sectors on children are
given latitude to promote the best interests of the child. As much as possible, judicial processes are avoided.
There is a need for trained law enforcers handling cases involving children, especially for the use of
noncustodial measures that are fair and proportionate.
Women-Issues on women may involve the following: treatment of female offenders, female victims, and
female law enforcers. The usual human rights standards for females is the protection from all forms of
violence including sexual abuse and special protection afforded for pregnant women and mothers.
• For women offenders
• For women victims
• Female law enforcers
Refugees and Nonnationals - A refugee is defined as a person who,owing to a well-founded fear of
persecution on the grounds of race, religion, nationality, and membership in a particular social group, or
political opinion, is unable or unwilling to return to his or her country of origin (or if stateless, to his or her
country of habitual residence).
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International Standards for Refugees
a. Everyone has the right to seek and to enjoy, in another country, asylum from persecution.
b. Refugees are entitled to all basic human rights, with the exception of certain political rights, but if
they are unlawfully within the territory, certain limitations on movement may be applied in the interest of
public order and health.
c. Refugees shall be granted treatment which is at least as favorable as that granted to nationals in the
exercise of basic rights, such as freedom of association, freedom of religion, access to elementary
education, public relief, access to courts, property rights, and housing.
d. No one shall be returned to a countryin which his or her life or freedom would be threatened or where
he or she would be persecuted or to athird country likely to return the refugee to such a country.
e. Refugees unlawfully within the territory of a state,who have come directlyfrom a country of
persecution and who present themselves without delay to the authorities, shall not be penalized.
f. Refugees coming directly from a country of persecution shall not be refused at least temporary entry.
g. Refugees lawfully in the teritory of a State have the right to freedom of movement and residence.
h. Refugees lawfully within the territory shall be granted travel documents and identity papers
i. Persons seeking asylum shall be informed of the necessary procedures, provided with the necessary
facilities to do so, and allowed to remain pending a final decision.
j. No refugee shall be expelled, except on grounds of national security or public order and only on the
basis of a decision reached in accordance with due process of law.
k. Before expulsion, a refugee shall be given an opportunity to offer evidence, to be represented, and to
appeal to a higher authority.
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International Standards for Nonnationals:
a. Nonnationals include foreigners and stateless persons.
b. Nonnationals are lawfully within the territory if they have entered in accordance with the legal system or if they possess
a valid residence permit.
c. Nonnationals lawfully within the territory are entitled to all human rights, except certain political rights.
d. Nonnationals have the same right to leave and to emigrate as nationals.
e. Nonnationals lawfully within the territory who have close attachments to the state and view it as their own, (who have
created a home, who were born in the state, or who have resided in the state for a long time), shall not be expelled.
f. Other nonnationals lawfully within the territory may be expelledonly decided by law, if the decision isnot arbitrary or
discriminatory, and procedural guarantees have been afforded.
g. Procedural guarantees for expulsion include the right to be heard,the rig to review by a competent authority, the right to
representation, the rig to appeal to a higher authority, the right to enjoyment of full facilities pursue a remedy, the right to
remain pending an appeal, and the right be informed of available remedies.
h. Exceptions for some procedural guarantees may be allowed but onl for compelling reasons of national security, such as
political or militar threats to the whole nation.
i. Collective or mass expulsions are prohibited.
j. The spouse and minor dependent children of a nonnational lawfully i the territory must be admitted to join the
nonnational.
k. All nonnationals must be free to communicate with their consulate o diplomatic mission.
l. Nonnationals who are expelled should be permitted to depart to any
country that accepts them and may not be sent to a country where there
human rights would be violated.

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Guidelines for Law Enforcers:
a. Be alert to any evidence of xenophobic or racist activity in your duty area
b. Cooperate closely with immigration authorities and social agencies
assisting refugees and nonnationals.
c. In areas with high immigrant concentrations, reassure residents of their right to seek police protection and
assistance without fear of being deported.
d. Remind colleagues that unlawfully present nonnationals are not criminals or criminal suspects solely by
virtue of their immigration status.
e. Provide visible security for refugee shelters and camps.
f. Issue clear orders on the special vulnerability and protective needs of refugees and nonnationals.
g. Develop cooperative schemes with community representatives to combat racist and xenophobic violence
and intimidation.
h. Organize foot patrols for areas of high refugee concentration and consider establishing police substations in
such areas.
i. Establish special units with the necessary legal training, linguistic skills, and social skills to work with terms
of reference focusing on protection rather than on enforcement of immigration laws.
j. Police agencies charged with border control and immigration law enforcement should provide specialized
training in the rights of refugees and nonnationals and in procedural guarantees afforded to such groups.
k. Liaise closely with social agencies providing support services to refugees
and nonnationals in need.

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Victims -There are two types of victims that may be useful in the context of human rights. One is victims
of crime and the other is victims of human rights violations. Victims of crime are persons who,
individually or collectively, have suffered harm, including physical or mental injury, emotional suffering,
economic loss, or substantial impairment of their fundamental rights through acts or omissions that are
in violation of criminal laws operative within the state, including laws proscribing criminal abuse of
power.
There are three contact situations on a victim: they are direct contact with the victim, monitoring police
handling of victims and advising to local police in handling victims.

Human Rights of Victims

All victims of crime, abuse of power, or human rights violations shall be treated with compassion and
respect and shall have access to mechanisms of justice and prompt redress.
Redress procedures shall be expeditious, fair, inexpensive, and accessible. Victims shall be informed of
their rights in seeking redress and protection and their role in formal proceedings, the scope, timing, and
progress of proceedings, and the disposition of their cases.
Victims must be allowed to present their views and feelings on all matte where their personal interests
are affected. Thus, they shall receive a necessary legal, material, medical, psychological, and social
assistant and shall be informed of its availability,
Inconvenience to victims shall be minimized in the handling of their cases. Their privacy and safety must
be ensured. Delay in the handling of victims' cases shall be avoided and the victim must be indemnified
of any damage. The government may make restitution for any faults caused by their public officials and
employees. Financial compensation should be made available from the offender or if not available, from
the state

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Police Command and Management -Law enforcement officials shall at all times fulfill 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. They shall not commit any act of
corruption and rigorously oppose and combat all such acts.
Community Policing -The community as an essential pillar of the criminal justice system also plays an
important role in law enforcement. The policies on human rights recognize this role. Thus, there is a need
to establish a partnership between the police and the community not only in crime prevention but also in
crime detection.
The law enforcement, together with the community, must adopt a community relations policy and plan
of action. All sectors must be involved and the police must learn the diversity cultures of each
community.
Police Violations
It is a basic principle that law enforcement officials shall respect and protect
human dignity and shall maintain and uphold the human rights of all persons. Law
enforcement agencies shall be accountable to the community as a whole. Effective
mechanisms shall be established to ensure internal discipline and external control
as well as the effective supervision of law enforcement officials. Superior officers
shall be held responsible for abuses if they knew or should have known of their
occurrence and did not take action. But law enforcers must receive immunity
from prosecution or discipline for refusing unlawful superior orders. Obedience to
superior orders shall not be a defense for violations committed by police:
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Thank you
Mirjam Nilsson​
mirjam@contoso.com
www.contoso.com