CIVIL AND POLITICAL

RIGHTS
CIVIL AND POLITICAL RIGHTS

• Civil and Political rights are those human rights that

limit the Government in doing actions that affect
people’s Autonomy (CIVIL RIGHTS) and give the
opportunity to people to participate in political affairs
(political Rights).
• These fundamental freedoms and rights are enshrined in the
1966
• INTERNATIONAL COVENANT ON CIVIL AND
POLITICAL RIGHTS (ICCPR). The United Nation Human
Rights Committee monitors the situation on civil and
political rights.
NORMATIVE SELECTIVE ELEMENTS OF
CIVIL AND POLITICAL RIGHTS
• THE RIGHTS TO LIFE- This is the supreme rights. The
Right to life is the right to live in a manner of consistent
with our own Humanity and Dignity. The Right of life
should not be interpreted narrowly; it is boarder than
simply physical or biological survival; it includes the
Rights of basic necessities of a dignified life.
• The right to life is incompatible with situation of war,
genocide and or other act of mass violence, act of force and
involuntary disappearance, extrajudicial executions and
criminal act.
• The right to life requires the reduction of infant mortality, and
increase in life expectancy, and elimination of malnutrition and
epidemics, and the imperial investigation and prosecution of all
cases of its violation. The right to life is absolute; no derogation
is permitted even in times of public emergency.
THE RIGHT TO PARTICIPATE IN
GOVERNMENT

• The Right to Participate in Government is the right of

the citizen to participate in government freely,
voluntary, effective, and fully, and in processes in
constituting the conduct of the public affairs, without
sanction and threat.
• It may be exercised directly as an elected or appointed public
official or employee or indirect, through elections or through
freedom to chosen Representatives, who exercise only those
Governmental powers allocated to them in accordance with the
constitutional provisions, and who must be accountable for their
exercise of that power.
• The right to participate in government may be exercised individually
and through organizations and associations at all levels public social,
political, and economic decision-making.
• The right to participate in government may include the freedom to
engage to political activity, freedom to debate public affairs, to hold
peaceful demonstrations and meetings, to criticizes and oppose, to
publish political material to campaign and advertise political ideas.
The right to participate in government is supported by ensuring
freedom of expressions, assembly, and association.
• The UN human Rights Committee has stressed that the right to
participate in government and in the process of constituting the
conduct of public affairs lies at the core of democratic government
based on the concept of the people.
• The conduct of public affairs is a broad concept that relate to the
exercise of the political power (Legislative, Executive, and
administrative powers) and covers all the aspects of the public
administration and the formulations and implementation policies at
international, national, regional, and local levels.
 FREEDOM OF OPINION AND
EXPRESSIONS

• The Freedom of Opinion and Expression is the Right to hold

opinions without interference and the right to seek, receive and
impart information and ideas through any media, either orally writing
or in print, in form of art or through media. The Freedom, of Opinion
and Expressions implies a free and responsible media.
• The exercise of freedom of opinion and expression carries especial
duties and responsibilities (e.g., respect the honors, reputations and
rights and dignity of powers) and so may be restricted or limited
when provided by the law and when necessary to respect the rights or
reputations of others or to protect national security, public order or
public health morals.
 THE RIGHT TO PEACEFUL ASSEMBLY
AND ASSOCIATION

• The Freedom of Peaceful Assembly and Associations is the right to

hold opinions without interference and the right to seek, receive and
impart information and ideas through any media, either orally, in
writing or in print, in the form of art, or through any media. Freedom
of opinion and expression implies free and responsible media.
• The exercise the freedom of expression and opinion carries special duties and responsibilities (e.g., respect the
honor, reputation, right and dignity of the others) and so may be restricted or limited when provided by law
and when necessary to respect the rights or reputations of others or to protect national security and public order
or public health and morals.
 THE CIVIL AND POLITICAL CONSTITUTIONAL
RIGHTS IN THE PHILLIPINES

• In the 1987 Philippine Constitution most of the civil and political rights are
enshrined in Article III, also known as Bill of Rights. If look closely to Article
III or the Bill of Rights as found in the 1987 Philippine Constitution, you will
notice the similarities with the provisions found in the United States
Constitutions and amendments. The reason for this is first, most provisions in
1987 Philippine Constitutions are patterned from what provided on United
States Constitutions.
• Thus, if there are issues that have yet to resolve in concerning our
Constitutions, the Supreme Court refers sometimes to how US Supreme Court
applies their Constitution’s provisions. Furthermore these civil and political
rights are discussed above, are grounded on the same international instruments
and foundations.
 IMPORTANCE OF HUMAN RIGHTS TO LAW ENFORCEMENT

• policing is at the heart of a broad spectrum of human rights

discourses. This has been apparent for many of those working on
civil and political rights who have generally targeted police as human
rights violators. However, policing also has a direct relevance to
economic, social and cultural rights.
• Police can and should play an important role in ensuring a safe
environment in which individuals can seek to realize their full range
of rights — be they social and economic or civil and political.
 PNP VISION

• Imploring the aid of the Almighty, by year 2030, we shall be a highly

capable, effective and credible police service working in partnership
with a responsible community towards the attainment of a safer place
to live work and do business.
 PNP CORE VALUES

• Service, Honor, and Justice

 PNP MOTTO

• We Serve and Protect

 PNP MISSION

• To enforce the law, to prevent and control crimes, to maintain peace and order,
and to ensure public safety and internal security with the active support of the
community.
• The human rights framework protects civil, political, economic, social and
cultural rights. But no matter what kind of right is at issue, there are basic
principles that are always part of human riqhts standards and implementation.
These principles include:
 THE (10) INTERNATIONAL HUMAN
RIGHTS STANDARDS FOR LAW
ENFORCEMENT
Basic Standard 1:
• Everyone is entitled to equal protection of the law, without discrimination on
any grounds, and especially against violence or threat.
• Be especially vigilant to protect potentially vulnerable groups such as children,
the elderly, women, refugees, displaced persons and members of minority
groups.
• For the implementation of Basic Standard 1 it is of great importance that police
officers at all times fulfill the duty imposed on them by law, by serving the
community and protecting all persons against illegal acts, consistent with the
high degree of responsibility required by their profession. They must promote
and protect human dignity and maintain and uphold the human rights Of all
people.
Basic Standard 2:
• Treat all victims of crime with compassion and respect, and in particular
protect their safety and privacy. Victims are people who have suffered harm,
including mental and physical injury, emotional suffering, economic loss or
substantial impairment of their fundamental rights through acts or omissions
that are in violation of criminal law.
Basic Standard 3:
• Do not use force except when strictly necessary and to the
minimum extent required under the circumstances.
• The implementation of Basic Standard 3 involves, among other
things, that Police officers, in carrying out their duty, should apply
non-violent means as far as possible before resorting to the use of
force. They may use force only if other means remain ineffective.
Basic Standard 4:
• Avoid using force when policing unlawful but non-violent assemblies. When
dispersing violent assemblies, use force only to the minimum extent
necessary.
• Everyone is allowed to participate in peaceful assemblies, whether political
or non- political, subject only to very limited restrictions imposed in
conformity with the law and which are necessary in a democratic society to
protect such interests as public order and public health.
Basic Standard 5:
• Lethal force should not be used except when strictly unavoidable in order to
protect your life or the lives of others. Maybe use only in the following
situation:
• Self-defense, Defense of a stranger or a family and In the petformance of a
lawful duty (PNP Police Operational Procedures 2013)
Basic Standard 6:
• Arrest no person unless there are legal grounds to do so, and the
arrest is carried out in accordance with lawful arrest procedures
• To make sure that an arrest is lawful and not arbitrary, nor delay, it
is important that the reasons for the arrest and the powers and
identity of arresting officers are known
Basic Standard 7:
• Ensure all detainees have access promptly after to their family and legal
representative and to any necessary
• Compliance with RA 9745 or the Anti-torture act and Rights of a person
under custodial investigation should be properly observed (RA 7438).
Basic Standard 8:
• All detainees must be treated humanely. Do not inflict, instigate or tolerate
any act of torture or ill-treatment, in any circumstances, and refuse to obey
any order to do so.
Basic Standard 9:
• Do not carry out, order or cover up extrajudicial killings or „enforced
disappearances", and refuse to obey any order to do so.
• No one should be arbitrarily or indiscriminately deprived of life. An
extrajudicial killing is an unlawful and deliberate killing carried out by, or on
the order of, someone at some level of government, whether national, state or
local, or with their acquiescence.
Basic Standard 10:
• Report all breaches of these Basic Standards to your senior officer and to the
office of the public prosecutor. Do everything within your power to ensure
steps are taken to investigate these breaches. All violations of human rights
by the police or other law enforcement personnel, including any breaches of
these Basic Standards, should be investigated fully, promptly and
independently,