HANDOUTS IN CLJ 122 (Human Rights Education)

Chapter I. Concept of Human Rights Introduction

The concept may be problematic in the Philippines but human rights are a vital
component of most modern democracies. Human rights allow a person to live with
dignity and in peace, away from the abuses that can be inflicted by abusive institutions
or individuals. But the fact remains that there are rampant human rights violations
around the world. To further promote the importance of human rights in the
Philippines, December 4 to10 of each year is marked as National Human Rights
Consciousness Week via Republic Act No. 9201.December 10 is also considered as the
United Nations Human Rights Day. It commemorates the day the UN General Assembly
adopted the Universal Declaration of Human Rights in 1948.

What are Human Rights?

Human Rights is defined as the supreme, inherent, and inalienable rights to life, to
dignity, and to self-development. It is concerned with issues in both areas of civil and
political rights, economic, social, and cultural rights founded on internationally accepted
human rights obligations to which the Philippine Government is a state party.

All Human rights are universal, indivisible, interdependent and inter-related.

International Human Rights Law

International humanitarian law is a set of rules which seek, for humanitarian reasons, to
limit the effects of armed conflict. It protects persons who are not or are no longer
participating in the hostilities and restricts the means and methods of warfare.
International humanitarian law is also known as the law of war or the law of armed
conflict.

International humanitarian law is part of international law, which is the body of rules
governing relations between States. International law is contained in agreements
between States � treaties or conventions �, in customary rules, which consist of State
practice considered by them as legally binding, and in general principles.

International humanitarian law applies to armed conflicts. It does not regulate whether
a State may actually use force; this is governed by an important, but distinct, part of
international law set out in the United Nations Charter.

International humanitarian law � also called the law of armed conflict or the laws of
war � regulates the conduct of warfare. Most of the applicable rules are to be found in
the four 1949 Geneva Conventions and their two 1977 Additional Protocols. In addition,
the1907 Hague Conventions and the annexed Regulations lay down important rules on
the conduct of hostilities, notably on military occupation. There are also several treaties
that prohibit or restrict the use of specific weapons, including anti-personnel mines,
exploding or expanding bullets, blinding laser weapons, and, most recently in 2008,
cluster munitions.

An important distinction exists between international armed conflicts and those of a

�non-international character�. The legal regulation of international armed conflicts is
more detailed and the protection afforded by the law greater than is the case with non-
international armed conflicts. A notable example is the obligation on parties to an
international armed conflict to accord captured combatants the status of prisoner of war
(POW) with the associated rights and obligations. This prevents the prosecution of a
POW for the mere fact of participation in hostilities. There is no such right to POW
status in the law governing non-international armed conflicts (although captured
fighters are still entitled to legal protection).

The basis of international humanitarian law is the principle of distinction, which applies
in all armed conflicts. This principle obliges �Parties to a conflict�(i.e. the warring
parties, whether states or non-state armed groups) to target only military objectives
and not the civilian population or individual civilians or civilian objects (e.g. homes,
schools, and hospitals). Failing to make this distinction in military operations represents
an indiscriminate attack and is a war crime.

Similarly, although it is understood that it is not possible for parties to a conflict always
to avoid civilian casualties when engaged in military operations, international
humanitarian law also requires that parties to a conflict take precautions in any attack
to minimize civilian deaths and injuries. Attacks likely to cause deaths or injuries among
the civilian population or damage to civilian objects which would be "excessive"
compared to the expected military advantage must be cancelled or suspended.

These rules are generally considered to be customary international law, which binds
every party to a conflict � government or non-state armed group � whether or not the
state on whose territory a conflict occurs has ratified the relevant treaty.

Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is a milestone document in the

history of human rights. Drafted by representatives with different legal and cultural
backgrounds from all regions of the world, the Declaration was proclaimed by the
United Nations General Assembly in Paris on 10 December 1948 by General Assembly
resolution 217 A (III) as a common standard of achievements for all peoples and all
nations. It sets out, for the first time, fundamental human rights to be universally
protected. Since its adoption in 1948, the UDHR has been translated into more than 500
languages - the most translated document in the world- and has inspired the
constitutions of many newly independent States and many new democracies. The
UDHR, together with the International Covenant on Civil and Political Rights and its two
Optional Protocols (on the complaints procedure and on the death penalty) and the
International Covenant on Economic, Social and Cultural Rights and its Optional
Protocol, form the so-called International Bill of Human Rights.

Economic, social and cultural rights

The International Covenant on Economic, Social and Cultural Rights entered into force
in 1976. The human rights that the Covenant seeks to promote and protect include: the
right to work in just and favorable conditions; the right to social protection, to an
adequate standard of living and to the highest attainable standards of physical and
mental well-being; the right to education and the enjoyment of benefits of cultural
freedom and scientific progress.

Civil and political rights

The International Covenant on Civil and Political Rights and its First Optional Protocol
entered into force in 1976. The Second Optional Protocol was adopted in1989.

The Covenant deals with such rights as freedom of movement; equality before the law;
the right to a fair trial and presumption of innocence; freedom of thought, conscience
and religion; freedom of opinion and expression; peaceful assembly; freedom of
association; participation in public affairs and elections; and protection of minority
rights. It prohibits arbitrary deprivation of life; torture, cruel or degrading treatment or
punishment; slavery and forced labour; arbitrary arrest or detention; arbitrary
interference with privacy; war propaganda; discrimination; and advocacy of racial or
religious hatred.

Human Rights Conventions

A series of international human rights treaties and other instruments adopted since1945
have expanded the body of international human rights law. They include the
Convention on the Prevention and Punishment of the Crime of Genocide (1948), the
International Convention on the Elimination of All Forms of Racial Discrimination (1965),
the Convention on the Elimination of All Forms of Discrimination against Women (1979),
the Convention on the Rights of the Child (1989) and the Convention on the Rights of
Persons with Disabilities (2006), among others.

Human Rights Council

The Human Rights Council, established on 15 March 2006 by the General Assembly and
reporting directly to it, replaced the 60-year-old UN Commission on Human Rights as
the key UN intergovernmental body responsible for human rights. The Council is made
up of 47 State representatives and is tasked with strengthening the promotion and
protection of human rights around the globe by addressing situations of human rights
violations and making recommendations on them, including responding to human rights
emergencies. The most innovative feature of the Human Rights Council is the Universal
Periodic Review. This unique mechanism involves a review of the human rights records
of all192 UN member states once every four years. The Review is a cooperative, state-
driven process, under the auspices of the Council, which provides the opportunity for
each state to present measures taken and challenges to be met to improve the human
rights situation in their country and to meet their international obligations. The Review
is designed to ensure universality and equality of treatment for every country.

UN High Commissioner for Human Rights

The United Nations High Commissioner for Human Rights exercises principal
responsibility for UN human rights activities. The High Commissioner is mandated to
respond to serious violations of human rights and to undertake preventive action.

The Office of the High Commissioner for Human Rights (OHCHR) is the focal point for
United Nations human rights activities. It serves as the secretariat for the Human Rights
Council, the treaty bodies (expert committees that monitor treaty compliance) and
other UN human rights organs. It also undertakes human rights field activities.

Most of the core human rights treaties have an oversight body which is responsible for
reviewing the implementation of that treaty by the countries that have ratified it.
Individuals, whose rights have been violated can file complaints directly to Committees
overseeing human rights treaties.

Human Rights and the UN System Human rights is a cross-cutting theme in all UN
policies and programmed in the key areas of peace and security, development,
humanitarian assistance, and economic and social affairs. As a result, virtually every UN
body and specialized agency is involved to some degree in the protection of human
rights. Some examples are the right to development, which is at the core of the
Sustainable Development Goals; the right to food, championed by the UN Food and
Agriculture Organization, laborites, defined and protected by the International Labor
Organization, gender equality, which is promulgated by UN Women, the rights of
children, indigenous peoples, and disabled persons. Human Rights Day is observed
every year on 10December. (Global Issues: Human Rights,
https://www.un.org/en/sections/issues-depth/human-rights/)

Rights can be classified according to following:

1. Individual Rights - are those rights being accorded to individuals.

2. Collective Rights - (also called " people rights" or "solidarity rights" are those rights of
the society that can be enjoyed only in company with others. Examples are, Right to
Peaceably Assemble, right to peace, right to development, right to self-determination,
and right to environment.
3. Civil Rights - are those which the law will enforce at the instance of private
individuals for the purpose of securing to them the enjoyment of their means of
happiness. They include the rights against involuntary servitude and imprisonment for
non-payment of debt or poll tax; the constitutional rights of the accused; the social and
economic rights; liberty of the abode and changing the same. Freedom of speech, of
expression, and the right to form an association are likewise civil rights. however, they
partake of the nature of political rights when they are utilized as a means to participate
in the government.

4. Political Rights - are those rights which enable us to participate in running the affairs
of the government either directly or indirectly. Example are Right to Vote, rights to
information on matters of public concern, and the right to initiative and referendum.

5. Economic and Social Rights - are those which the law confers upon the people to
enable them to achieve social and economic development, thereby ensuring them their
well-being, happiness and financial security. Examples are the right to property,
education, and promotion of social justice.

6. Cultural Rights - are those that ensure the well-being of the individual and foster the
preservation, enrichment, and dynamic evolution of national culture based on the
principle of unity and diversity in a climate of free artistic and intellectual expression.

Human Rights Laws Resources and Implementations in the Philippines:

1. International Laws Adopted by the Philippines in the UN-CHR Laws2. Philippine

Constitution - Bill of Rights3. Republic ACT Laws passed for Certain Rights4. Executive
Order and Memorandum Order Directives for Human Rights

Chapter II. The 1987 Philippine Constitution

Concept of Bill of Rights

It is a declaration and enumeration of a person’s rights and privileges which the

Constitution is designated to protect against violation by the government, or by
individual or groups of individuals. It is a charter of liberties for the individual, and a
limitation upon the power of the State.

Classes of Rights

1. Natural Rights � those possessed by every citizen without being granted byte State
for they are given to man by God as a human being created to his image that he may
live a happy life.2. Constitutional Rights � conferred and protected by the
Constitution.3. Statutory Rights � provided by law, promulgated by the law-making
body and consequently may be abolished by the same body.
Classification of Constitutional Rights

1. Political Rights � the power to participate directly or indirectly in the establishment

or administration of the government.2. Civil Rights � a law which secures private
individuals for the purpose of securing enjoyment for their means of happiness.3. Social
and Economic Rights � Intended to insure the well-being and economic security of an
individual.4. Rights of the Accused � intended for the protection of a person accused of
any crime.

Bill of Rights (Article III, 1987 Philippine Constitution)

Section 1. No person shall be deprived of life, liberty, or property without due process
of law, nor shall any person be denied the equal protection of the laws.

What is Due Process?

Any deprivation of life liberty and property by the State is with due process if itis
done:1. Under the authority of the law that is valid under the Constitution itself; and2.
After compliance with fair and reasonable methods of procedure required by law.

What constitutes Deprivation?

1. Deprivation of life � the loss of any of the various physical and mental attributes
which man must have to live as human being. It is the very foundation of human
rights.2. Deprivation of liberty � that one is duly prevented from acting the way he
wishes to do.3. Deprivation of property � when it its value is destroyed or its
adaptability to some legislation should be treated alike under circumstances and
conditions both in the privileges conferred and liabilities imposed.

What is the meaning of Equal Protection of Law?

It signifies that all person’s subject to legislation should be treated alike under the
circumstances and conditions both in the privileges conferred and liabilities imposed.

Section 2. The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or things
to be seized.

What is a Search Warrant and Warrant of Arrest?

Search Warrant
- A search warrant is an order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer, commanding him to
search for personal property described therein and bring it before the court.

Warrant of Arrest

- Arrest is the taking of a person into custody in order that he may be bound to answer
for the commission of an offense.

What is its scope of protection?

1. Persons � applies to every citizen of the Philippines including aliens whether accused
of crime or not.2. Houses � not limited to dwelling but extends to a garage,
warehouse, shop, store and even a safety deposit vault.3. Papers and effect � include
sealed letters and packages in the mail which maybe opened and examined only in
pursuance of a search warrant.

When search and seizure unreasonable?

In general, all illegal searches and seizures are unreasonable while lawful ones are
reasonable.

Requisites for a Valid Search Warrant or Warrant of Arrest

1. Issued upon probable cause.2. The probable cause must be determined personally
by the judge himself.3. Such determination of the existence of probable cause must be
made after examination by the judge of the complainant and the witnesses he may
produce.4. Must particularly describe the place to be search and the persons or things
to be seized.

When search and seizure may be made without warrant?

1. Where there is consent or wavier2. Where there is an incident to a lawful arrest3. In

the case of contraband or forfeited goods being transported4. The possession of articles
prohibited by law is disclosed to plain view or is open to eye and hand5. As an incident
of inspection, supervision and regulation in the exercise of police power6. Routinely
searches usually made at the border or a port of entry in the interest of national
security and for proper enforcement or customs and immigrationlaws.7. When arrest
may be made without warrant?

1. When, in his presence, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense;2. When an offense has in fact just
has been committed and has been personal knowledge of facts indicating that a person
to be arrested has committed it;3. When a person to be arrested is a prisoner who has
escaped from a penal establishment where he is serving final judgement or temporarily
confined while his care is pending, or has escaped while being transferred.

Section 3. (1) The privacy of communication and correspondence shall be inviolable

except upon lawful order of the court, or when public safety or order requires
otherwise, as prescribed by law. (2) Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any purpose in any proceeding.

Meaning of Right to privacy � The right to be left alone

Limitations on the Right of Privacy of Communications

1. Permissible interference. Upon lawful order of the court; orb. When public safety or
order requires otherwise as prescribed by law.2. Intervention of the court

Writ of Habeas Data Meaning:

It is a judicial remedy available to any individual whose right to privacy in life, liberty, or
security is violated or threatened by unlawful act or omission of a public official
employee or of a private individual or entity engaged in gathering, collecting or storing
of date or information regarding the person, family, home, and correspondence of the
aggrieved party.

A. Purpose of the Writ � to secure the privacy of an individual by way of regulating the
processing of personal information or data about him.

B. How Writ Operates � any aggrieved party may file a petition in court for the writ of
habeas data. The court shall issue the writ which shall be served upon the respondent
who shall file a written return under oath with supporting affidavits.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of

the press, or the right of the people peaceably to assemble and petition the
government for redress of grievances.

Freedom of Speech, and Expression, and the Press � the rights to freely utter and
published whatever one pleases without previous restraint, and to be protected against
any responsibility for so doing as long as it does violate the law, or injure someone’s
character, reputation, or business.

Scope of Freedom of expression � the rights of assembly and petition, the right to
form associations or societies not contrary to the law, and the right to religious
freedom.

Scope of Terms �Speech�, �Expression�, And �Press�

1. �Speech� and �expression� cover any form of oral utterances such as protests as
expression of opinion about subjects of public concern.2. The �press� covers any sort
of publications as instruments for miscommunication.

Freedom of Expression Not Absolute

1. Subject to regulation by the state.2. Subject one to liability when abused. Meaning of
Right of Assembly and Right of Petition

1. The right of assembly means the right on the part of the citizens to meet peaceably
for consultation in respect to public affairs.2. The right of petition means the right of
any person or group of persons, to apply without fear of penalty to the appropriate
branch or office of government for redress of grievances.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting

the free exercise thereof. The free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever bellowed. No religious test
shall be required for the exercise of civil or political rights.

Meaning of Religious Freedom - The right of a man to worship God, and to entertain
such religious views as appeal to his individual conscience, without dictation or
interference by any person or power, civil or ecclesiastical.

Meaning of Religion � all forms of belief in the existence of superior beings exercising
power over human beings and imposing rules of conduct with future state of rewards or
punishments.

Aspects of Religious Freedom1. The separation of Church and State.2. The freedom of
religious profession and worship.

Religious Test Prohibited

1. Meaning of terms

a. A religious test is one demanding the avowal or repudiation of a certain religious

beliefs before the performance of any act’s. The expression of civil political rights
(supra) is to be understood as including the individual right safeguarded by the
Constitution and statutory laws.

Reason for Provision � Without such prohibition, religious freedom becomes

meaningless. The State without such a bar, notwithstanding the doctrine of its
separation from the Church, could in fact accord preference to a religious organization.

Section 6. The liberty of abode and of changing the same within the limits prescribed by
law shall not be impaired except upon lawful order of the court. Neither shall the right
to travel be impaired except in the interest of national security, public safety, or public
health, as may be provided by law.

Meaning of Liberty of Abode and Travel � It is the right of a person to have his home
in whatever place chosen by him and thereafter to change it at will, and to go where he
pleases, without interference of any source.

Limitations on The Right

1. Permissible interference. � The right is qualified by the clauses �except upon lawful
order of the court� and �except in the interest of the national security, and public
safety or public health as may be provided by law.2. Intervention of the court. � Note
that under the second limitation, a court order is not necessary. The determination of
the proper executive officer(President) is subject to judicial reviews. A person whose
liberty of abode is violated may petition for a writ of habeas corpus against another
holding him in detention. Section 7. The right of the people to information on matters of
public concern shall be recognized. Access to official records, and to documents and
papers pertaining to official acts, transactions, or decisions, as well as to government
research data used as basis for policy development, shall be afforded the citizen,
subject to such limitations as may be provided by law.

Right to Information on matters of Public Concern

1. Access to official records for exercise of right.2. Arguments in support of right.3.

Constitutionally or validity of implementing law.

Scope of the Right

1. The right embraces all public records.2. It is limited to citizens only but is without
prejudice to the right of aliens to have access to records of cases where they are
litigants; and3. Its exercise is subject to such limitations as may be provided by law.

A. Limitations on the Right.1. Public records excepted.2. Burden on government to

justify withholding of information.

Section 8. The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law shall
not be abridged.

Meaning of Right to Form Associations - is the freedom to organize or to be a member

of any group or association, union, or society, and to adopt the rules which the
members judge most appropriate to achieve their purpose.

Section 9. Private property shall not be taken for public use without just compensation.
Purpose of Guarantee
1. Undoubtedly, the purpose of the constitutional guarantee is to encourage the
formation of voluntary associations so that through the cooperative activities of
individuals, the welfare of the nation may be advance and the government may thereby
receive assistance in its ever-increasing public service activities.2. By enabling
individuals to unite in the performance of tasks, which singly they would be unable to
accomplish, such associations relieve the government of Avast burden.

Essential or inherent powers of government

1. Totality of governmental power - It is contained in three (3) great powers, namely:

power of eminent domain, police power, and power of taxation.2. Similarities - These
powers are similar in the following respects: a. They all rest upon necessity because
there can be no effective government without thumb. They are inherent in sovereignty;
hence, they can be exercised even without being expressly granted in the Constitution
although the conditions for their exercise may be regulated and limited by the
Constitution and bylaws. They are ways by which the State interferes with private rights
and property;

d. They are all legislative in character; and e. They all presuppose an equivalent
compensation received, directly or indirectly, by the person affected by the exercise of
these powers by the government.

Meaning of Eminent Domain - is the right or power of the State or of those to whom
the power has been lawfully delegated to take private property for public use upon
paying to the owner a just compensation to be ascertained according to law.

Conditions for or limitations upon its exercise

1. Existence of public use.2. Payment of just compensation.3. Observance of due

process of law in the taking.

Meaning of �taking�

1. Actual physical seizure not essential.2. The �taking� must be direct.

Meaning of Police Power - has been referred to as the power of the State to enact such
laws or regulations in relation to persons and property as may promote public health,
public morals, public safety, and the general welfare and convince of the people.

Basis of police power

Based on two Latin maxims, salus populi suprema est lex (the welfare of the people is
the supreme law), and sic utere tuo ut alienum non laedas (so use your own as not to
injure another’s property)
A. Police power laws.1. Public health2. Public morals3. Public safety4. Public welfare
and convenience

Section 10. No law impairing the obligation of contracts shall be passed.

Meaning of obligation of a contract - is the law or duty which binds the parties to
perform their agreement according to its terms or intent, if it is not contrary to law,
morals, good customs, public order, or public policy.

Scope of terms �law� and �contract�

1. The law, the enactment of which is prohibited, includes executive and administrative
orders of the President, administrative orders issued by heads of departments, and
ordinance enacted by local governments.2. The contract, the obligation of which is
secured against impairment under the Constitution, includes contracts entered into by
the government.

Purpose of non-impairment prohibition

The prohibition is intended to protect creditors, to assure the fulfillment of lawful

promises, and to guard the integrity of contractual obligations.

Freedom to contract not absolute the freedom of contract is necessarily limited by the
exercise of the police power of the State in the interest of general welfare and
especially in view of the explicit provisions in the Constitution with reference to the
promotion of social justice.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.

Constitutional rights of the accused in criminal cases1. The right to adequate legal
assistance.2. The right, when under investigation for the commission of an offense to
be informed of his right to remain silent and to have counsel.3. The right against the
use of torture, force, violence, threat, intimidation or any other means which vitiates
the free will.4. The right against being held in secret, incommunicado, or similar forms
of solitary detention.5. The right to bail and against excessive bail.6. The right to due
process of law.7. The right to presumption of innocence.8. The right to be heard by
himself and counsel.9. The right to be performed of the nature and cause of the
accusation againsthim.10. The right to have a speedy, impartial, and public trial.11. The
rights to meet the witnesses face to face.12. The right to have compulsory process to
secure the attendance of witnesses and the production of evidence in his behalf.13. The
right against self-incrimination.14. The right against detention by reason of political
beliefs and aspirations.15. The right against excessive fines.16. The right against cruel,
degrading or inhuman punishment.17. The right against infliction of the death penalty
except for heinous crimes; and18. The right against double jeopardy.
Reasons for constitutional safeguards

1. A criminal case, an unequal contest.2. Criminal accusation, a very serious matter.3.

Protection of innocent, the underlying purpose. A. Right to free access to the courts of
quasi-judicial bodies. B. Right to adequate legal assistance.

Section 12. (1) Any person under investigation for the commission of an offense shall
have the right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights cannot be waived
except in writing and in the presence of counsel. (2) No torture, force, violence, threat,
intimidation, or any other means which vitiate the free will shall be used against him.
Secret detention places, solitary, incommunicado, or other similar forms of detention
are prohibited. (3) Any confession or admission obtained in violation of this or Section
17 hereof shall be inadmissible in evidence against him. (4) The law shall provide for
penal and civil sanctions for violations of this section as well as compensation to and
rehabilitation of victims of torture or similar practices, and their families.

Rights of person under investigation 1. To be informed of his right to remain silent.2.

To have competent and independent counsel preferably of his own choice or to be
provided with one.3. Against the use of torture, force, violence, threat, intimidation or
any other means which vitiates the free will.4. Against being held in secret,
incommunicado, or similar forms of solitarydetention.1. Effect of violation of the
rights.2. When rights can be invoked.3. Waiver of right of silence and to counsel.

Section 13. All persons, except those charged with offenses punishable by reclusion
Perpetua when evidence of guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may be provided by law. The right
to bail shall not be impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.

Meaning of Bail - is the security required by a court and given for the provisional or
temporary release of a person who is in the custody of the law conditioned upon his
appearance before any court as required under the conditions specified.

Purpose and form of Bail

1. The purpose of requiring bail is to relieve the accused from imprisonment until his
conviction and yet secure his appearance at the trials.2. It may be in the form of cash
deposit, property bond, bond secured from a surety company, or recognizance.

Meaning of Capital Offense - for purposes of the above provision, is an offense which,
under the law existing at the time of its commissions, and at the time f the application
to be admitted to bail, may be punished with reclusion perpetua, life imprisonment, or
death

Section 14. (1) No person shall be held to answer for a criminal offense without due
process of law.(2) In all criminal prosecutions, the accused shall be presumed innocent
until the contrary is proved, and shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the accusation against him, to have
a speedy, impartial, and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and the production of
evidence in his behalf. However, after arraignment, trial may proceed notwithstanding
the absence of the accused provided that he has been duly notified and his failure to
appear is unjustifiable.

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in
cases of invasion or rebellion when the public safety requires it.

Meaning of writ of habeas corpus

The writ of habeas corpus is an order issued by a court of competent of jurisdiction,

directed to the person detaining another, commanding him to produce the body of the
prisoner at a designated time and place, and to show sufficient cause for holding I
custody the individual so detained.

Purpose of the writ

It has for its purpose to inquire into all manner of involuntary restraint or detention as
distinguished from voluntary and to relieve a person there from if such restraint is
found illegal. The writ is the proper remedy court to release y in each and every case of
detention without legal cause or authority. Its principal purpose then is to set the
individual liberty.

How writ operates

The writ is the order from the court requiring a person detaining another to showcase
for the detention, while the privilege of the writ is the further order from the court to
release an individual if it finds his detention without legal cause or authority.

Writ of Amparo

The writ of habeas corpus is not to be confused with the writ of Amparo. Now, families
of victims of extrajudicial killings and enforced disappearances (or any qualified person
or entity) can invoke the writ when the right to life, liberty, or security of a person is
violated or threatened with violation by an unlawful act or omission of a public official
or employee or of a private individual or entity.
Section 16. All persons shall have the right to a speedy disposition of their cases before
all judicial, quasi-judicial, or administrative bodies.

Right to speedy disposition of cases (1) The above provision upholds the time-honored
tradition of speedy justice fora’s stated in the old dictum - "Justice delayed is justice
denied." Its express inclusion was in response to the common charge against the
perennial delay in the administration of justice which in the past has plagued our
judicial system.(2) The right to a speedy disposition of cases can be invoked only after
the termination of the trial or hearing of case.(3) Under the present Constitution, the
Supreme Court, all lowers delegate courts, and all other lower courts are required to
decide or resolve cases within ascertain period of time.(4) The provision contemplates
the disposition of cases involving private interests not only before judicial bodies, but
also before quasi-judicial.

Section 17. No person shall be compelled to be a witness against himself.

Right against self-incrimination

No person shall be compelled to be a witness against himself. This is a protection

against self-incrimination which may expose a person to a criminal liability. It is founded
on grounds of:(1) Public Policy, because if the party is thus required to testify he would
be placed under the strongest temptation to commit the crime of perjury; and (2)
Humanity, because it prevents the extortion of confession by duress. The constitutional
guarantee protects as well the right of the accused to silence, and his silence, meaning,
his failure or refusal to testify may not be used as presumption of guilt or taken as
evidence against him.

Scope of Guarantee

The right against self-incrimination applies in criminal cases as well as in civil,

administrative, and legislative proceeding where the fact asked for is a criminal one. It
protects one whether he is a party or a witness.

Section 18. (1) No person shall be detained solely by reason of his political beliefs and
aspirations. (2) No involuntary servitude in any form shall exist except as a punishment
for a crime whereof the party shall have been duly convicted. Right Against Detention
Solely by Reason of Political Beliefs and Aspirations

1. Incarceration without charges of �political prisoners�.2. Suspension of privilege of

writ of habeas corpus even after lifting of martial law.3. Prohibition a guarantee against
having �prisoners of conscience.

Meaning of Involuntary Servitude � A condition of enforced, compulsory service of one

to another.
It includes:1. Slavery2. Peonage

Exceptions of Prohibitions

1. When the involuntary servitude is imposed as a punishment for a crime.2. When

personal military or civil service is required of citizens.3. To injunctions requiring striking
laborers to return to work.4. To exceptional service.5. To exercise by parents of their
authority.6. When there is a proper exercise of the police power of the State.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the death penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to reclusion perpetua. (2) The employment of
physical, psychological, or degrading punishment against any prisoner or detainee or
the use of substandard or inadequate penal facilities under subhuman conditions shall
be dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Meaning of Debt - as intended to be covered by the constitutional guarantee, means

any liability to pay money arising out of a contract, express or implied.

Meaning of Poll Taxes - is a tax of a fixed amount imposed on individuals residing within
a specified territory, whether citizens or not, without regard to their property or the
occupation in which they may be engaged.

Section 21. No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution for the same act.

Meaning of Rights Against Double Jeopardy - means that when a person is charged with
an offense and the case is terminated either by acquittal or conviction or in any other
manner without the express consent of the accused, the latter cannot again be charged
with the same or identical offense.

Section 22. No ex post facto law or bill of attainder shall be enacted.

Meaning of Ex Post Facto Law

1. Makes an act done before the passage of the law, innocent when done, criminal, and
punishes such act; or2. Aggravates a crime or makes it greater than when it was
committed; or3. Changes the punishment and inflicts a greater punishment than what a
law annexed to the crime when committed; or4. Alters the legal rules of evidence, and
receives less testimony than or different testimony from what the law required at the
time of the commission of the offense, in order to convict the offender.
Characteristic of Ex Post Facto Law They are:1. Ex post facto laws relate to penal or
criminal matters only.2. They are retroactive in their operation; and3. They are deprived
persons accused of crime of some protection or defense previously available, to their
disadvantage.

Meaning of Bill of Attainder - is a legislative act which inflicts punishment without

judicial trial.

Chapter III. The 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 on05 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’ is an �A� accredited NHRI, fully complying with the Paris Principles adopted
byte United Nations General Assembly in 1995. As an NHRI, the Commission upholds
six fundamental characteristics � independence, pluralism, broad mandate,
transparency, accessibility, and operational efficiency.

The Commission commits to deliver prompt, responsive, accessible, and excellent public
service for the protection and promotion of human rights in accordance with universal
human rights principles and standards.

The Creation of The Human Rights Commission

Salient Features of Executive Order No. 163

Title: Declaring the Effectivity of The Creation of The Commission on Human Rights as
Provided for In The 1987 Constitution, Providing Guidelines for The Operation Thereof,
and for Other Purposes

WHEREAS, the 1987 Constitution has been ratified by the people;

WHEREAS, the 1987 Constitution has created an independent office called the
Commission on Human Rights; and

WHEREAS, there is an urgent necessity to constitute the Commission on Human Rights

to give effect to the State policy that �the State values the dignity of every human
person and guarantees full respect for human rights. �

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of

the powers vested in me by the Constitution, do hereby order:
SECTION 1. The Commission on Human Rights as provided for under Article XIII of
the1987 Constitution is hereby declared to be now in existence.

SECTION 2. (a) 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 thirty-five years of age and 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.

(b) The Chairman and the Members of the Commission on Human Rights shall not,
during their tenure, hold any other office or employment. Neither shall they engage in
the practice of any profession or in the active management or control of any business
which in any way be affected by the functions of their office, nor shall be financially
interested, directly or indirectly, in any contract with, or in any franchise or privilege
granted by the government, any of its subdivisions, agencies, or instrumentalities,
including government-owned or controlled corporations or their subsidiaries.

(c) The Chairman and the Members of the Commission on Human Rights shall be
appointed by the President for a term of seven years without reappointment.
Appointment to any vacancy shall be only for the unexpired term of the predecessor.
(d) The Chairman and the Members of the Commission on Human Rights shall receive
the same salary as the Chairman and Members, respectively, of the Constitutional
Commissions, which shall not be decreased during their term of office.

SECTION 3. The Commission of Human Rights shall have the following powers and
functions:

(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 under-privileged 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 rights, or their families;(7) Monitor the Philippine
Governments 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; and(11) Perform such other
duties and functions as may be provided by law.

SECTION 4. The Presidential Committee on Human Rights, created under Executive

Order No. 8 dated March 18, 1986, as modified, is hereby abolished. The Commission
on Human Rights shall exercise such functions and powers of the Presidential
Committee on Human Rights under Executive Order No. 8, as modified, which are not
inconsistent with the provisions of the 1987 Constitution.

The unexpended appropriations of the Presidential Committee on Human Rights are

hereby transferred to the Commission on Human Rights. All properties, records,
equipment, buildings, facilities and other assets of the Presidential Committee on
Human Rights shall be transferred to the Commission on Human Rights. The
Commission on Human Rights may retain such personnel of the Presidential Committee
on Human Rights as may be necessary in the fulfillment of its powers and functions.
Any public officer or employee separated from service as a result of the abolition of the
Presidential Committee on Human Rights effected under this Executive Order shall
receive the benefits to which they may be entitled under existing laws, rules and
regulations.

SECTION 5. The approved annual appropriations of the Commission on Human Rights

shall be automatically and regularly released.

SECTION 6. All laws, orders, issuances, rules and regulations or parts thereof
inconsistent with this Executive Order are hereby repealed or modified accordingly.

SECTION 7. This Executive Order shall take effect immediately.

Done in the City of Manila, this 5th day of May, in the year of Our Lord, nineteen
hundred and eighty-seven.

History of CHR

The CHR was created as a response to the atrocities committed during Martial Law.
When the 1987 Philippine Constitution was drafted, Article XIII on Social Justice and
Human Rights clearly defined the creation of the Commission.

�There is hereby created an independent office called The Commission on Human

Rights�(to) investigate, on its own or on complaint by any party, all forms of human
rights violations involving civil and political rights ��

(Sec. 17-18, Art. XIII, Philippine Constitution) �I, Corazon C. Aquino, President of the
Philippines� do hereby (declare) the Commission on Human Rights as provided under
Article XIII of the 1987 Constitution to be now in existence��
(Executive Order No. 163) The 1987 Philippine Constitution primarily gave CHR the
mandate to protect and promote the rights and dignity of every human being in the
country. The State values the dignity of every human person and guarantees full
respect for human rights.

(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.

(Sec. 1, Art. XIII, Philippine Constitution)

Vision, Mission, Goal Statement and Mantra of CHR

Vision A just and humane Philippine society of persons equal in opportunity, living a life
of dignity, and forever vigilant against abuses and oppression

Mission As conscience of government and the people, we seek truth in human rights
issues. As beacon of truth, we make people aware of their rights, and guide
government and society towards actions that respect the rights of all, particularly those
who cannot defend themselves � the disadvantaged, marginalized, and vulnerable.

Goal statement to be the prime mover in strengthening respect, understanding, and

practice of human rights as the essential cornerstone of peace, unity, and nation-
building

Mantra CHR: Dignity of all

CHR: In the Service of The Filipino People

The CHR serves all persons in the Philippines, as well as Filipino nationals abroad. It
provides services to both rights-holders, or the vulnerable sectors who are the
Commissions primary clients, as well as to the duty-bearers, or the police, military, and
the other persons in authority. Particularly, the CHR prioritizes the following rights-
holders: - Women- Children- Youth- Persons Deprived of Liberty- Indigenous Peoples-
Workers (Domestic and Migrant Workers)- Internally Displaced Persons- Persons Living
in Poverty- Persons with Disabilities- Senior Citizens- Persons with Diverse Sexual
Orientation, Gender Identity, and Gender Expression (SOGIE)- Other marginalized
groups

The Commission also works to build and strengthen the capacities of duty-bearers
including, but not limited to, frontline service providers; decision and policymakers; and
actors in the security sector and justice system.
It works in partnership with all national government agencies; independent
constitutional commissions; local government units; government-owned and controlled
corporations; educational institutions; and civil society groups.

The CHR engages with the local and international communities for the protection and
promotion of human rights.

Core Programs

Human Rights Protection Services- Documentation and management of complaints of

human rights violations- Monitoring of human rights conditions in detention facilities
and penal rehabilitation centers- Provisions of independent forensics services and
medico-legal services in aid of investigation

Human Rights Promotion Services- Continuing development of client-based human

rights education and training programs and delivery of client-based education and
training project for priority sectors- Human rights advocacy campaigns- Research,
documentation, and publications

Human Rights Policy Advisory Services- Issuance of human rights advisories, position
papers, statements, and comments on existing and proposed pieces of legislation, local
ordinances, and programs, and practices of government bodies- Formulation of policy
guidelines, implementing rules and regulations on new and/or special human rights
laws - Independent reports on the governments implementation of Human Rights treaty
provisions

Specialized/Thematic Human Rights Program- Child Rights Center- Center for Gender
Equality and Women’s Human Rights- Center for Economic, Social, and Cultural Rights-
Center for Crisis, Conflict, and Humanitarian Protection Cooperation and Partnership
Program- The Commission seeks to forge partnership and cooperative arrangements,
protection and promotion of human rights. (https://chr.gov.ph/about-chr)

Chapter IV � RA 10368�Human Rights Victims Reparation and Recognition Act of

2013�

What is RA 10368?

RA 10368 is the �Human Rights Victims Reparation and Recognition Act of 2013�

Through this law, the State:

o Recognizes the heroism and sacrifices of human rights violations victims

(HRVVs)during the regime of former President Ferdinand E. Marcos covering the period
from September 21, 1972 to February 25, 1986; and
o Acknowledges its moral and legal obligation to recognize and provide reparation to
the victims.

? Reparation � the obligation of the State to restore the rights and uphold the dignity
of the victims, which is part of the right to an effective remedy. (monetary and
nonmonetary)

? Recognition � the acknowledgment of the State of the violations committed against

persons who are victims of human rights violations. This shall be manifested by
enshrining the names of HRVVs in the Roll of Human Rights Violations Victims.

Section 3. Definition of Terms. � The following terms as used in this Act shall mean:

(a) Detention refers to the act of taking a person into custody against his will by
persons acting in an official capacity and/or agents of the State.

(b) Human rights violation refers to any act or omission committed during the period
from September 21, 1972 to February 25, 1986 by persons acting in an official capacity
and/or agents of the State, but shall not be limited to the following:(1) Any search,
arrest and/or detention without a valid search warrant or warrant of arrest issued by a
civilian court of law, including any warrantless arrest or detention carried out pursuant
to the declaration of Martial Law by former President Ferdinand E. Marcos as well as
any arrest., detention or deprivation of liberty carried out during the covered period on
the basis of an "Arrest, Search and Seizure Order (ASSO)", a "Presidential Commitment
Order {PCO)" or a "Preventive Detention Action (PDA)" and such other similar executive
issuances as defined by decrees of former President Ferdinand E. Marcos, or in any
manner that the arrest, detention or deprivation, of liberty was effected;(2) The
infliction by a person acting in an official capacity and/or an agent of the State of
physical injury, torture, killing, or violation of other human rights, of any person
exercising civil or political rights, including but not limited to the freedom of speech,
assembly or organization; and/or the right to petition the government for redress of
grievances, even if such violation took place during or in the course of what the
authorities at the time deemed an illegal assembly or demonstration: Provided, That
torture in any form or under any circumstance shall be considered a human rights
violation;(3) Any enforced or involuntary disappearance caused upon a person who was
arrested, detained or abducted against ones will or otherwise deprived of ones liberty,
as defined in Republic Act No. 10350 1, otherwise known as the "Anti-Enforced or
Involuntary Disappearance Act of 2012?;(4) Any force or intimidation causing the
involuntary exile of a person from the Philippines;(5) Any act of force, intimidation or
deceit causing unjust or illegal takeover of a business, confiscation of property,
detention of owner/s and or their families, deprivation of livelihood of a person by
agents of the State, including those caused by Ferdinand E. Marcos, his spouse Imelda
R. Marcos, their immediate relatives by consanguinity or affinity, as well as those
persons considered as among their close relatives, associates, cronies and subordinates
under Executive Order No. 1, issued on February 28, 1986 by then President Corazon C.
Aquino in the exercise of her legislative powers under the Freedom Constitution;(6) Any
act or series of acts causing, committing and/or conducting the following:(is)
Kidnapping or otherwise exploiting children of persons suspected of committing acts
against the Marcos regime;(ii) Committing sexual offenses against human rights victims
who are detained and/or in the course of conducting military and/or police operations;
and(iii) Other violations and/or abuses similar or analogous to the above, including
those recognized by international law.

(c) Human Rights Violations Victim (HRVV) refers to a person whose human rights were
violated by persons acting in an official capacity and/or agents of the States defined
herein. In order to qualify for reparation under this Act, the human rights violation must
have been committed during the period from September 21, 1972to February 25, 1986:
Provided, however, That victims of human rights violations that were committed one (1)
month before September 21, 1972 and one (1) month after February 25, 1986 shall be
entitled to reparation, under this Act if they can establish that the violation was
committed:(1) By agents of the State and/or persons acting in an official capacity as
defined hereunder;(2) For the purpose of preserving, maintaining, supporting or
promoting the said regime; or(3) To conceal abuses during the Marcos regime and/or
the effects of Martial Law.

(d) Persons Acting in an Official Capacity and/or Agents of the State.�The following
persons shall be deemed persons acting in an official capacity and/or agents of the
State under this Act:(1) Any member of the former Philippine Constabulary (PC), the
former Integrated National Police (INP), the Armed Forces of the Philippines (AFP) and
the Civilian Home Defense Force (CHDF) from September 21, 1972 to February 25,
1986 as well as any civilian agent attached thereto; and any member of a paramilitary
group even if one is not organically part of the PC, the INP, the AFP or the CHDF so
long as itis shown that the group was organized, funded, supplied with equipment,
facilities and/or resources, and/or indoctrinated, controlled and/or supervised by any
person acting in an official capacity and/or agent of the State as herein defined;(2) Any
member of the civil service, including persons who held elective or appointive public
office at any time from September 21, 1972 to February 25, 1986;(3) Persons referred
to in Section 2(a) of Executive Order No. 1, creating the Presidential Commission on
Good Government (PCGG), issued on February 28, 1986 and related laws by then
President Corazon C. Aquino in the exercise of her legislative powers under the
Freedom Constitution, including former President Ferdinand E. Marcos, spouse Imelda
R. Marcos, their immediate relatives by consanguinity or affinity, as well as their close
relatives, associates, cronies and subordinates; and(4) Any person or group/s of
persons acting with the authorization, support or acquiescence of the State during the
Marcos regime.

(e) Torture refers to any act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted on any person under the custody of persons acting in
an official capacity and/or agents of the State, as defined by law, jurisprudence,
international conventions and Republic Act No. 9745, otherwise known as the "Anti-
Torture Act of 2009. (Definition of
Terms,https://www.lawphil.net/statutes/repacts/ra2013/ra_10368_2013.html)

The Human Rights Victims� Claims Board

The HRVCB is a quasi-judicial body created to: receive, evaluate and process all claims,
award reparation? recognize the victims by enshrining their names in the Roll of Human
Rights Violations Victims

Who may apply?? A person who is a human rights violation victim (HRVV) as defined by
the law;

? Claimants who are conclusively presumed to be a HRVV under the law;

? Legal heir/s, or authorized representative of HRVVs who are deceased, incapacitated,

or involuntarily disappeared.

Application Period? May 12, 2014 � Nov 10, 2014? Failure to file within the period is
deemed a waiver of claim

Where to file?? Main Office: UP Institute of Small Scale Industries, E. Jacinto St.,
Diliman, Quezon City? Mobile intake sites designated by HRVCB

Human Rights Violations

Killing of persons exercising their civil and political rights; Involuntary disappearance
(still missing) as defined in RA1035[3] ; 10 points Torture, and/or rape or sexual abuse;
6-9 points Detention without a valid warrant of arrest issued by a civilian court; 3-
5pointsForce or intimidation causing involuntary exile from the Philippines; 1-2 points
Force intimidation or deceit causing unjust or illegal takeover of business, confiscation
of property, deprivation of livelihood, etc.; 1-2 points Kidnapping or otherwise exploiting
children of persons suspected of committing acts against the Marcos regime; sexual
offenses against human rights victims who are detained. 1-2 points

Prohibited Acts

? Misuse, embezzlement or misappropriation of reparation funds by any member of the

Board, its Secretariat, public officer, employee of an agency or any private individual
mandated to implement the Actual Penalty under the Revised Penal Code and relevant
special penal laws? Commission of fraud in the processing of documents and claims of
HRVVs, or conspiracy with any individual to commit the same by any member of the
Board, its Secretariat, public officer, employee of an agency or any private individual
mandated to implement the Actual Penalty under the Revised Penal Code and relevant
special penal laws

? Filing of fraudulent, fictitious or spurious claim by any claimant Imprisonment of eight

(8) to ten (10) years, Disqualification from public office and employment and
Deprivation of the right to vote and be voted for in any national or local election, even
after the service of sentence unless granted absolute pardon.

(Human Rights Victims� Claims Board, E. Virata Hall, E. Jacinto St., UP Diliman,QC,
https://lmp.org.ph/default/images/LICC/human%20rights.pdf)

Chapter V � Human Rights and Law Enforcement

Limitations on The Exercise Of Rights It is the duty of all citizens to respect the rights of
others and to observe the lawful and necessary requirements of maintaining public
order in a democratic society. Where they exist, limitations on rights are specified in the
various human rights treaties in general, such limitations and restrictions are those
which are determined by law and which are necessary: to ensure respect for the rights
and freedoms of others? to meet the just requirements of morality, public order and
general welfare in a democratic society What is the Mandate of Law Enforcement?
Article 29 of the Universal Declaration of Human Rights: �In the exercise of his rights
and freedoms, everyone shall be subject only to such limitations as are determined by
law solely for the purpose of securing due recognition and respect for the rights and
freedoms of others and of meeting the just requirements of morality, public order and
the general welfare in a democratic society. Hence the mandate for police in modern
democracies: to protect human rights? ? to defend fundamental freedoms and? ? to
maintain public order and the general welfare in a democratic society through policies
and practices that are lawful, humane and disciplined Ethical and Legal Conduct?
Human rights derive from the inherent dignity of the human person? Law enforcement
officials shall at all times respect and obey the law? Law enforcement officials shall at all
times fulfil 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? Law enforcement officials shall not commit
any act of corruption. They shall rigorously oppose and combat all such acts? Law
enforcement officials shall respect and protect human dignity and maintain and uphold
the human rights of all persons? Law enforcement officials shall report violations of
those laws, codes and sets of principles which protect and promote human rights? All
police action shall respect the principles of legality, necessity, non-discrimination,
proportionality and humanity

What Happens When Police Violate Human Rights?? law enforcer becomes law
breaker ? human dignity is transgressed? erosion of crucial public confidence and
support? exacerbation of civil unrest? hampering of effective prosecutions in court?
isolation of police from the community? guilty parties go free � the innocent are
punished? victims of crime are left without justice? removal of the �law� from �law
enforcement�? police agencies forced to be reactive rather than proactive?
international and media criticism and political pressure on Government and police

What Happens When Police Uphold, Protect and Defend Human Rights?? public
confidence is built and community cooperation fostered? a contribution is made to the
peaceful resolution of conflicts and complaints? legal prosecutions are successful in
court? police are seen as part of the community, performing a valuable social function?
the fair administration of justice is served and hence confidence in the system is
enhanced? an example is set for respect for the law by others in society? police are able
to be closer to the community and therefore in a position to prevent and solve crimes
through proactive policing? support is elicited from the media, from the international
community and from political authorities? police bring honor to their uniform, their
agency, and their Government