SHARON CAGURANGAN MALLILLIN

Police Major
• Officer-in-Charge, Public Information Officer
• Chief, Public Information Section
• Chief, Information Operation Referral Section
Regional, Community and Affairs Division

• BS Biology (Pre Medicine)

• BS Criminology (Registered Criminologists)
• Master in Public Administration

• Eligibilities: RA 6506, CSC Professional & NAPOLCOM

• Outstanding PCAD JUNIOR PCO for Year 2019

• Outstanding PCAD JUNIOR PCO for Year 2020

Lecturer @ Philippine National Police Academy (PNPA)

Regional Training School 2-Cauayan
 HUMAN RIGHTS AND
DIGNITY, PRINCIPLES OF
HUMAN RIGHTS AND
RIGHT BASED POLICING
DEFINITION OF HUMAN RIGHTS

 HUMAN RIGHTS ARE GENERALLY

DEFINED AS THOSE RIGHTS WHICH
ARE INHERENT IN OUR NATURE AND
WITHOUT WHICH WE CANNOT LIVE AS
HUMAN BEINGS.

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DEFINITION OF HUMAN RIGHTS

Preamble of our 1987 Philippine

Constitution, human dignity plays a
special part in its provision.

 The State values the dignity of

every human person and guarantees
full respect for human rights.
Seven Basic Universal Declaration of Human
Rights

Article 1. Free and equal. ...

Article 2. Freedom from discrimination. ...
Article 3. Right to life. ...
Article 4. Freedom from slavery. ...
Article 5. Freedom from torture. ...
Article 6. Right to recognition before the law. ...
Article 7. Right to equality before the law. ...
Article 8. Access to justice.
 (Sec. 11, Art. II, Philippine
Constitution)

 The Congress shall give highest

priority to the enactment of
measures that protect and enhance
the right of all the people to human
dignity, reduce social, economic and
political inequalities, and remove
cultural inequalities by equitably
diffusing wealth and political power
for the common good
FIVE KINDS OF HUMAN RIGHTS:

1. Economic
2. Social
3. Cultural
4. Civil
5. Political
 DEFINITION OF 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 man
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 of dignity.

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WHAT ARE THE BASIC PRINCIPLES
OF HUMAN RIGHTS?
 1. HUMAN RIGHTS ARE INHERENT.
Human rights are birth rights. They belong to the
individual person for reason that he or she is a
human being.
 2. FUNDAMENTAL. Without human rights, a
person’s life and dignity would be worthless and
meaningless.

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WHAT ARE THE BASIC PRINCIPLES
OF HUMAN RIGHTS?
3. HUMAN RIGHTS ARE INALIENABLE. As
such they cannot be stripped or rightfully
taken away from any free human person.

4.HUMAN RIGHTS ARE IMPRESCRIPTIBLE.

Human rights are not lost by mere
passage of time. Human rights do not
prescribe even if a person fails to use or
was prevented from asserting them.

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WHAT ARE THE BASIC PRINCIPLES
OF HUMAN RIGHTS?

5. HUMAN RIGHTS ARE INDIVISIBLE,

INTERRELATED. The indivisibility of human
rights is a manifestation that a person cannot be
denied or deprived of his or her human rights,
notwithstanding that he or she has already enjoyed,
or is already enjoying other rights. Human rights are
not piece meal rights and freedoms, hence, not
capable of being divided.

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WHAT ARE THE BASIC PRINCIPLES
OF HUMAN RIGHTS?
6. HUMAN RIGHTS ARE UNIVERSAL.
Human rights are endowed to every
human being from the moment of birth,
w/o distinction or irrespective of origin,
sex, race, creed, political color, status or
condition in life.

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WHAT ARE THE BASIC PRINCIPLES
OF HUMAN RIGHTS?

7. HUMAN RIGHTS ARE INTERDEPENDENT.

The fulfillment, enjoyment or exercise of a
particular right cannot be attained w/o
the realization of the other rights.
8. PRINCIPLE OF EQUALITY. Even the law
of nature made manifest this basic
principle by the fact that all human
beings, male or female, are born naked &
helpless.

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International Bill of Human Rights:
1. Universal Declaration of Human Right (UDHR)
2. International Covenant on Civil and Political

Rights (ICCPR)
3. International Covenant on Economic, Social
and Cultural Rights (ICESCR)

Sources of Human Rights Laws

Subsequent International HR Documents:
1. International Covenant on the Elimination of

All Forms of Racial Discrimination (ICERD)

2. Convention on the Elimination of All Forms of

Discrimination Against Women (CEDAW)

3. Convention on the Rights of the Child (CRC)
4. Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment of
Punishment (CAT)
Relevant HR Provisions of the 1987 Constitution:
1. Bill of Rights – Art. III, Sections 1-22
2. Declaration of Principles and State
Policies –Art. II, Sections 1-5 and 7, 9, 23
3. Social Justice and Human Rights – Art.
XIII, Sections 17-18
 Three Conditions to Justify the
Suspension/Limitation of Human
Rights
1. It is provided for by law which is made known
to every citizen;
2. There is a state of emergency which
necessitates the urgent preservation of the
public good, public safety and public morals;
and
3. It does not exceed what is strictly necessary
to achieve its purpose.
 FOUNDATIONS OF HUMAN RIGHTS:
PRINCIPLES AND CLASSIFICATIONS

Has the basic rights to

Mind
Will
HUMAN
Life Dignity Self-Development
Talents

Has the basic rights to

Culture
History
resources
Survive Self- Develop as

SOCIETY Determination a Society

 SOCIETY

- always and only an instrument of the

people
- an agent only of society
- seeks the people’s welfare

Composed of GOVERNMENT
men

The Philippines… adopts the

Composed
generally accepted principles of
International law as part of the law
Of nations
of the land…
INTER-
(Consti., Art. II, Sec. 2)
GOVERNMENT
IMPORTANCE OF HUMAN RIGTHS 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
rights standards and
implementation. These principles
include:
10 International HR
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 fullfil 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 person.
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.
Self-defense
Defense of a stranger or a family.
In the performance of a lawful duty
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 arrest to their family
and legal representative and to any
necessary medical assistance.
Compliance with RA 9745 or the Anti
torture act and Rigths 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 toinvestigate
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, for instance by the office
of the public prosecutor.
 ROOT CAUSES OF
HUMAN RIGHTS VIOLATIONS
 Law
Enforcement
GAP Mission
Accomplishment
 Arrest/Conviction of Criminals
Crime Solution.
Justice for Victims.
Saving of lives.
Law enforcement.
Peace & Order.

Law
Enforcement GAP Mission
 Law
Enforcement
GAP
UNPROFESSIONAL
BEHAVIOR

INCOMPETENCY
x
Mission
Accomplishment
 What happens when we don’t bridge the gap?

CRIMES ARE NOT SOLVED.

Law
Enforcement
x
Mission
Accomplishment
 What happens when we don’t bridge the gap?

JUSTICE DELAYED,

x
JUSTICE DENIED.

Law Mission
Enforcement Accomplishment
 What happens when we don’t bridge the gap?

WE COULD FACE CRIMINAL

x
& ADMINISTRATIVE CHARGES;
END OF POLICE CAREER.

Law Mission
Enforcement Accomplishment
 What happens when we don’t bridge the gap?

PNP / GOVERNMENT

x
SUFFERS FROM CRITICISM
FROM MEDIA
& OTHER SECTORS;

Law OUR RELATIONS WITH Mission

Enforcement THE INTERNATIONAL Accomplishment
COMMUNITY IS AFFECTED.
 What happens when we don’t bridge the gap?

x
THE PNP LOSES
TRUST &
CONFIDENCE
OF THE COMMUNITY
Law Mission
Enforcement Accomplishment
 HOW DO WE BRIDGE THE GAP?

Law Mission
Enforcement Accomplished
 PROFESSIONALISM
(By: Candice Solie, VP of Profile Evaluations, Inc, Minnesota, USA)
-A set of internalized
character strengths &
values

-High quality service to

-Not just a set of
appearance others

-Show of self-respect
Nor just technical skill
-Commitment to excellence,
adherence to high standard
of behavior

-Seework as service to
others
 HOW DO WE BRIDGE THE GAP?

Law Mission
Enforcement Accomplished
 COMPETENCY

 Does not only mean “AUTHORIZED”.

 The mental and physical aptitude and attitude of

police officer in reacting to circumstance.
 HOW DO WE BRIDGE THE GAP?

Law Mission
Enforcement Accomplished
Key Points of Human Rights Principles and
Practice for Law Enforcement
(UN Code of Conduct for Law Enforcement Officials)

 Perform duty under the law

 Respect and safeguard human rights
 Use force only when strictly necessary
 Respect confidentiality
 Never inflict any act of torture & other cruel
treatment
 Safeguard the health of those in custody
 Do not commit any act of corruption
 Respect the law and this Code
 HOW DO WE BRIDGE THE GAP?

Law Mission
Enforcement Accomplished

RIGHTS-
BASED
POLICING
WHAT IS RIGHTS-BASED POLICING?
 RIGHTS-BASED POLICING
 Compliance with international human
rights standards in policing.

 Citizens are CLAIM-HOLDERS whose

rights must be respected and protected
by the police.

 Police Officers are DUTY-HOLDERS with

obligations to respect, protect and fulfill
human rights.
 RIGHTS-BASED POLICING
 To RESPECT human rights
- avoid interfering with
the enjoyment of people’s rights.
 To PROTECT human rights
- equal
protection to all persons

 To FULFILL human rights

- implement systems, mechanisms, and
procedures that enable people to claim
and enjoy their rights.
 SUMMARY
1. ALL OF US HAVE HUMAN RIGHTS .

2. OUR POWER & AUTHORITY IS FROM THE PEOPLE.

3. WE MUST USE POWER & AUTHORITY TO SERVE &

PROTECT PEOPLE.
4. TO SERVE AND PROTECT IS TO RESPECT,
PROTECT, & FULFILL HUMAN RIGHTS.

5. HUMAN RIGHTS VIOLATIONS ARE OFTEN THE

RESULT OF WRONG PERCEPTION ABOUT HUMAN
RIGHTS, UN-PROFESSIONAL BEHAVIOR &
COMPETENCY GAPS.
6. TO ACCOMPLISH OUR MISSION,
WE MUST
PRACTICE RIGHTS-BASED POLICING
- PROFESSIONALISM,

- COMPETENCY
 “To Serve and Protect”
is upholding Human Rights
through COMPETENCY. . .
and PROFESSIONALISM.”

-PNP human rights advocacy statement-

END OF BRIEFING.
THANK YOU!