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Exam

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1. Discuss the principles of Human Rights (PANTHER) in relation to human rights-based policing.

 FAO (Food and Agriculture Organization of the United Nations) developed the Panther
Principles to emphasize a human-rights-based approach to health. The same principles can
be applied to the human rights foundation and a sustainable approach to a clean
environment.
 PANTHER is comprised of seven elements of the rights-based approach to a right to a clean
environment as a fundamental human right.
(1) Participation - is about the active involvement of the people in public planning and
decision-making. People should be aware of what is going on in their environment; this
will help them understand and connect with the society in which they live.
(2) Accountability – is a recognition that the purpose for existence of the PNP is to serve
and protect the public. In terms of conduct and results, PNP owes people or claim
holders of human rights obligations. All police services must be responsive to the
public's needs and expectations.
(3) Non-discrimination - is about providing police service to all persons without any bias or
prejudice. Police should act as professional and always rely on their code of ethics. They
must serve the nation and the people no matter what color, culture, religion they have.
(4) Transparency – provides the public with access to policies, plans, documents, rules and
regulations, and other information affecting their safety, security, and well-being.
(5) Human Dignity - PNP should always value every person’s inherent and immutable
dignity, without exception.
(6) Empowerment - acknowledgement and complete respect for people's ability to think
and act freely for and on their own behalf to solve problems. PNP recognizes that
people with human rights can explore and maximize their potential, as well as shape
their collective destiny.
(7) Rule of Law - the application of the principles and values of justice, equity, fairness, and
impartiality in all police policies, plans, decisions, procedures, and other law
enforcement and public safety actions. The PNP must continuously and consistently
uphold the rule of law, which includes the enforcement of human rights laws.
2. Discuss the rights of victim of torture under R.A. 9745
 This act is implemented to:
1. Value the dignity of every human person and guarantee full respect for human rights.
2. Ensure that the human rights of all persons, including suspects, detainees and prisoners
are always respected; and that no person placed under investigation or held in custody
of any person in authority or, agent of a person authority shall be subjected to physical,
psychological, or mental harm, force, violence, threat or intimidation or any act that
impairs his/her free wi11 or in any manner demeans or degrades human dignity.
3. Ensure that secret detention places, solitary, incommunicado or other similar forms of
detention, where torture may be carried out with impunity, are prohibited; and
4. fully adhere to the principles and standards on the absolute condemnation and
prohibition of torture as provided for in the 1987 Philippine Constitution; various
international instruments to which the Philippines is a State party such as, but not
limited to, the International Covenant on Civil and Political Rights (ICCPR), the
Convention on the Rights of the Child (CRC), the Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW) and the Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); and all other
relevant international human rights instruments to which the Philippines is a signatory.
3. Discuss the acts that constitute to terrorism under R.A. 11479.
 This constitution implemented to protect life, liberty, and property from terrorism, to
condemn terrorism as inimical and dangerous to the national security of the country and to
the welfare of the people, and to make terrorism a crime against the Filipino people, against
humanity, and against The Law of Nations. The State recognizes that the fight against
terrorism requires a comprehensive approach, comprising political, economic, diplomatic,
military, and legal means duly considering the root causes of terrorism without
acknowledging these as justifications for terrorist and/or criminal activities. Such measures
shall include conflict management and post-conflict peacebuilding, addressing the roots of
conflict by building state capacity and promoting equitable economic development.
4. Discuss the concept of Human Rights-Based Policing (HRBP).
 Human Rights Based Policing (HRBP) is a policing approach that defines the relationship
between citizens and the police. It refers to the systematic incorporation and application of
human rights law and standards into police strategy, policy, and practice.
 Its goal is to strengthen the capacities of those with duties to protect rights, including the
police, to meet their human rights obligations.
5. Enumerate and discuss at least five (5) standards under the Basic International Human Rights
standards for law enforcement officials
 Basic Standard 1: Equal protection
Equal protection is designed to ensure that everyone has the same rights and
guarantees under the law. According to the Constitution, "no person or class of persons
shall be deprived of the same legal protection as other persons or classes in the same
place and circumstances."
 Basic Standard 4: Policing nonviolent assemblies
Avoid using force when policing unlawful but non-violent assembles. When 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. The police
must not interfere with lawful and peaceful assemblies, otherwise than for the
protection of persons participating in such an assembly or others
 Basic Standard 6: Arresting persons
Arrest no person unless there are legal grounds to do so, and the arrest is carried out in
accordance with lawful arrest procedures. Make sure that an arrest is lawful and not
arbitrary, it is important that the reasons for the arrest and the powers and identity of
arresting officers are known.
 Basic Standard 9: Refusal to obey unjust orders
Do not carry out, order, or cover up extrajudicial executions or "Disappearances", and
refuse to obey any order to do so. No one should be arbitrarily or indiscriminately
deprived of life. An extrajudicial execution 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 2: Respectful treatment
Treat all victims of crime with compassion and respect and protect their safety and
privacy. Treat all citizens and victims of crime with compassion and respect, with utmost
consideration for their need for safety and privacy. It must be remembered that under
the law, all arrested persons and detainees are still considered innocent and have the
right to due process. Furthermore, only the court can determine their guilt or
innocence. Even when they are already convicted by the court, they still have the right
to be treated humanely, with full respect and dignity.

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