HUMAN RIGHTS

B.S. CRIMINAL JUSTICE

CLE2 (Week 2)

PLT Freddie R. Fernandez

 Student's Prayer

Come, Holy Spirit, Divine Creator, true

source of light and fountain of wisdom! Pour
forth your brilliance upon my dense intellect,
dissipate the darkness which covers me, that
of sin and of ignorance. Grant me a
penetrating mind to understand, a retentive
memory, method and ease in learning, the
lucidity to comprehend, and abundant grace
in expressing myself. Guide the beginning of
my work, direct its progress, and bring it to
successful completion. This I ask through
Jesus Christ, true God and true man, living
and reigning with You and the Father, forever
and ever.
Amen.
 Lesson Goal
The lesson’s goal is to provide
students of Criminal Justice with a
comprehensive lecture about the
State/Government, Its Police Power,
and Human Rights.
 Lesson Objectives:
At the end of this lesson, the students
will be able to discuss:
1. How the State/Government exercise
its Police Power without violations of
Human Rights; and
2. How the State Actors and Non-State
Actors fulfill their respective mandates
to promote, protect and fulfill human
rights.
 The State/Government, Its Police Power, and Human Rights

What is a State?

State, is a community of persons more or less

numerous, permanently occupying a definite portion of

territory, independent of external control, and possessing an

organized government to which the great body of its

inhabitants render habitual obedience. (De Leon, 2000).

 Four (4) inherent elements of
state
(1) People;
(2) Government; (3) Territory; and
(4) Sovereignty.

Note: All these are considered inherent because any one of

them will not give rise to the existence of state. Suffice it
to mention that as a juristic concept, a state exists only in
contemplation of law.
Government- this refers to the aggregates of

persons or institutions, which rule the society.

An institution, over which the will of the state is

formulated, expressed and carried out. It serves

as an organizing force over the state’s subjects.

 How the State differ from Government?

State and government are usually regarded as synonymous

because “the acts of government are the act of the state.”

However, these two terms are not identical and, therefore,

are distinct from one another. The government is an

instrument or agency through which the will of the state is

articulated or expressed.
 How the State differ from Government?

Government is never identical with the state,

because the latter is the entire community of

inhabitants, whereas the government includes only

the functionaries of the state occupying only a

small portion of the population. Moreover, the state

is a continuing entity. (Rodee, et.al., 1983).

 Police Power
 It is the power of the state to enact and
enforce laws and to regulate property and
liberty in the promotion of the general welfare
of the people.

 It is the power to regulate the behavior or

conduct of its citizen in the interest of the
common good within the limits of the state’s
laws.

 This power of the state is not only confined to

its citizens but also to the foreigners
temporarily staying within the state.
 Characteristics of Police Power:

a. The police power is considered the most

pervasive (persistent/inescapable), the least

limitable, and the most demanding of the three

powers.
The justification is found in the ancient Latin maxims,
Salus populi est suprema lex. [The welfare of the people is
the supreme law]. And Sic utere tuo ut alienum laedas [To
use your property so as not to injure others] which call for
the subordination of individual benefit to interests of the
greater number.
 Characteristics of Police Power

b. The police power is dynamic, not static

and must move with the moving society it

is supposed to regulate.
 Characteristics of Police Power

c. Police power may sometimes use taxing

power as an implement for the attainment

of a legitimate police objective.

Note: As a rule, police power is vested in

the national legislature.

 Examples of Police Power Laws:

 On Public morals. Those punishing public

scandal, prostitution; prohibiting illegal

gambling , and the like.

 Examples of Police Power Laws:

 General welfare and convenience.

Law regulating prices of commodities; regulating

distances between gasoline stations among others.

 Examples of Police Power Laws:

 Public health. Those providing paternity and

maternity leave for working men and women

respectively; those regulating medical

profession and the like.

 Examples of Police Power Laws:

 Law requiring government official and employees to file

annually a detailed statement of their assets and liabilities

(SALN).

 Is this an invasion of privacy? No, It is justified under the

police power of the State to minimize graft and corruption

and maintain a high standard of honesty in the government

service (Marfe vs. Mutuc, 22 SCRA 424).

 Examples of Police Power Laws:

City Ordinance confining prostitutes within

prescribed limits. Is this justified under the police
power of the State? Yes, to protect public health
and morals. (L ‘Hotel vs. New Orleans, 177 U.S.
587).
 Examples of Police Power Laws:

Law requiring the confinement of person

affected by COVID -19 virus and the
compulsory vaccination of people, except
those who were exempted by law to be
vaccinated due to risk of medical health
condition is a valid exercise of police power
of the State.
 State and Non-State Actors on Human Rights
A state actor is a person who is acting on
behalf of a governmental body, and is
therefore subject to limitations imposed on
government by the United States Constitution,
including the First, Fifth, and Fourteenth
Amendments, which prohibit the federal
and state governments from violating certain
rights. (United States Law)
https://en.wikipedia.org/wiki/State_actor.  
Three Obligations of State Parties:

State Parties to International Covenants

have obligations: (1) Obligation to respect,

(2) Obligation to ensure, (3) Obligation to

protect.
Duties and Responsibilities of the State Agent/Law Enforcer as Duty

Bearer and the People as Rights Holders

Illustration: While conducting beat patrol along

the busy streets of Barangay Signal Village, Taguig
City, Patrolman ‘A’ and ‘B’ together with Barangay
Tanods arrested a group of persons who were
caught in the act (In Flagrante Delicto) of
conducting illegal cock fighting (Sabong).
 Article 2 (1) of the International Covenant on
Civil and Political Rights

ICCPR contain the obligation to respect. It indicates the

negative character of civil and political rights, commanding
State Parties to refrain from restricting the exercise of these
rights where such is not expressly allowed.

Example: Prohibition of torture in Article 7 of ICCPR. It is

absolute, meaning, State must refrain from practicing
torture under all circumstances.
 The Philippine government is a State Party to eight (8)
core human rights treaties:

(1) International Covenant on Civil and Political Rights (ICCPR)

and the corresponding Protocols;
(2) International Covenant on Economic, Social and Cultural Rights
(ICESCR);
(3) Convention on the Elimination of All Forms of Racial
Discrimination (CERD);
(4) Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW);
(5) Convention on the Rights of the Child (CRC);
(6) Convention on the Protection of the Rights of All Migrant
Workers and Members of their Families;
(7) Convention Against Torture and Other Cruel, Inhuman and
Degrading Treatment or Punishment, and the Optional Protocol
thereto; and
(8) Convention on the Rights of Persons with Disabilities.
 NON-STATE ACTOR

Non-state actors include organizations and individuals

that are not affiliated with, directed by, or funded through

the government. These include corporations, private

financial institutions, and NGOs, as well as paramilitary

and armed resistance groups.

https://www.escr-net.org/resources/non-state-actors#
 What is the role of non state actors in the promotion of human

rights?

Roles. (1) Non-state actors can aid in opinion building in

international affairs, such as the Human Rights Council;

(2)  Non-state actors are fundamental agents in

helping to achieve both national and international

development goals, such as those around climate change.

(Reference: https://en.wikipedia.org/wiki/Non-state_actor).
The CPP, NPA-NDF AS A NON-STATE ACTOR/PARTY ON ISSUES OF
HUMAN RIGHTS/INTERNATIONAL HUMANITARIAN LAW:

As a party to an internal armed conflict, the NPA is

obligated to abide by International Humanitarian Law,

including common Article 3 to the Geneva Conventions

of 1949 and its Second Additional Protocol of 1977

(Protocol II) to which the Philippines is a party.

The CPP, NPA-NDF AS A NON-STATE ACTOR/PARTY ON ISSUES OF
HUMAN RIGHTS/INTERNATIONAL HUMANITARIAN LAW:

 International Humanitarian Law prohibits killing

civilians, mistreating anyone in custody, and
convicting anyone in proceedings that do not meet
international fair trial standards.

 Article 6 of Protocol II which says that criminal

courts must be independent and impartial. People
accused of crime should also have all necessary
rights and means and defense
The CCP, NPA-NDF AS A NON-STATE ACTOR/PARTY ON ISSUES OF
HUMAN RIGHTS/INTERNATIONAL HUMANITARIAN LAW:

 Under the NPA’s revolutionary justice, the

accused were tried and convicted in absentia, thus
denied the right to be tried in one’s presence
before an impartial court. (The New York based
Human Rights Watch).
 The Comprehensive Agreement on Respect for Human

Rights and International Humanitarian Law.

This is the first substantive agreement signed

by the Negotiating Panels of the Government of
the Republic of the Philippines and the national
Democratic Front on March 16, 1998 in the
Hague, The Netherlands.
The Comprehensive Agreement consist of seven parts,

They are: (1) the Preamble which introduces the Agreement and articulates the

reasons for and the intention of the parties in entering into the Agreement;

(2) Declaration of Principles;

(3) Bases, Scope, and Applicability;

(4) Respect for Human Rights;

(5) Respect for International Humanitarian Law;

(6) Joint Monitoring Committee and

(7) Final Provisions.

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