HUMAN RIGHTS

What is Human Rights?

Human Rights refers to the “basic rights and freedoms that all human beings have.”
Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity,
language, religion, or any other status.
Human rights include the right to life and liberty, freedom from slavery and torture, freedom of
opinion and expression, the right to work and education, and many more. Everyone is entitled to
these rights, without discrimination.
WHY THE PNP MUST PROMOTE AND PROTECT HUMAN RIGHTS?
The PNP must promote and protect human rights because this task lies at the very core of
maintaining peace and order, ensuring public safety, and upholding the rule of law in the country. It
can be said that…Human Rights Protection is the First Business of Policing.
According to the 1997 Human Rights and Law Enforcement Training Manual published by the
United Nations High Commissioner on Human Rights, cases of human rights abuses and ill-
treatment:
 adversely affect public trust and confidence towards the police;
 lead to isolation of the police from the community and civil unrest;
 hamper effective prosecution of criminals;
 let those who are guilty remain free while making the innocent unjustly suffer; delay or deny
justice to be given to victims of the crime and their families;
 subject the police and other government agencies to local and international criticism and
possible sanctions; and
 make the law enforcer a law breaker...
Constitutional & Legal Bases of Human Rights Protection
 The promotion and protection of human rights are part of our constitutional and legal
framework, as shown below:
 The Government exists to maintain peace and order, and protect life, liberty and property, as
well as promote the general welfare of the people (1987 Philippine Constitution Article 2,
Section 4-5).
 The State is responsible for promoting social justice and recognizes the value of human
dignity and respect for human rights (1987 Philippine Constitution Article 2, Sections 10-11).
 The State recognizes and promotes the rights of indigenous cultural communities within the
framework of national unity and development. (1987 Philippine Constitution Article 2, Section
22).
  The State recognizes, promotes, and protects the rights of all citizens as defined in the Bill of
Rights. (1987 Philippine Constitution Article 3, Section 1-22);
 Congress shall give highest priority to the enactment of measures that protect and enhance
the rights of all the people to human dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by equitably diffusing wealth and political power
for the common good. (1987 Philippine Constitution Article I3, Section 1).
 The State shall defend the right of children to assistance, including proper care and nutrition,
and special protection from all forms of neglect, abuse, cruelty, exploitation and other
conditions prejudicial to their development. (1987 Philippine Constitution Article 15, Section
3)
 Other parts of the 1987 Philippine Constitution and laws such as R.A. 7438 (Rights of
Persons Arrested, Detained or Under Custodial Investigation and Duties of the Arresting,
Detaining and Investigating officers), R.A. 9262 (Anti-Violence Against Women & Children),
and Republic Act 9-3-4-4 (Juvenile Justice and Welfare Act) exist to promote and protect the
rights of persons in all sectors of Philippine society.
As a signatory, the Republic of the Philippines is obligated to abide by the provisions of various
international human rights treaties, conventions, and protocols including the:
 Universal Declaration on Human Rights of 1948 by the United Nations General Assembly
(UDHR);
 International Covenant on Civil and Political Rights (ICCPR);
 Optional Protocol to the Covenant on Civil and Political Rights (CCPR;
 International Covenant on Economic, Social and Cultural Rights (ICESCR);
 U.N. Convention on the Condition of the Wounded and Sick in Armed Conflict (the First
Geneva Convention);
 Convention Against Homicide (CAH);
 Convention Against Torture (CAT);
 Convention on Elimination of Discrimination Against Women (CEDAW) ;
 Convention on the Rights of the Child (CRC).
What is Human Rights-Based Policing or HRBP?
Aside from it is Is the comprehensive, systematic, and institutional adherence to national or
domestic laws on human rights and Compliance with international human rights principles,
standards, and practices as well as treaties, conventions, and protocols related to law enforcement
or police functions.
What is Human Rights-Based Policing or is also an approach to policing that defines the
relationship between the individual citizens and various groups or sectors of society as claim
holders whose rights have to be respected and protected by the police; and the police as duty
holders that have obligations to respect, protect and fulfill human rights. Human Rights-Based
Policing also aims to empower claimholders to claim their rights, while strengthening the capacities
of duty-holders to meet their duties and obligations as human rights protectors. Human Rights-
Based Policing is considered to be institutionalized when human rights principles and practices are
taught and applied at all levels, in both operational and administrative functions of the police
organization.
Listed below are CHARACTERISTICS OF HUMAN RIGHTS-BASED POLICING…
1. Strict Observance of Police Operational Procedure (POP);
2. Adherence to National/Domestic and International Laws, Treaties, Standards and Protocols
on Human Rights;
3. Professional Competence and Courteous Service;
4. Respect for the rule of Law and Civilian Supremacy; and
5. Pro-Democracy and Pro-Citizen.
Strict Observance of POP:
Human Rights-Based Policing entails strict observance of police policies and operational
procedures. Most, if not all violations of human rights occur when police officers do not follow
established policies and procedures. Shortcuts, omissions, or blatant disregard for procedures are
unacceptable behavior that violate our national laws, PNP rules and regulations, and generally
accepted socio-cultural norms.
When police officers follow and apply proper procedures, they uphold human rights while
doing all that is possible to ensure that the subsequent case to be filed in court against a suspect
would prosper, in the higher interest of justice.
For example, when a police officer informs an arrested person about his or her Miranda
Rights, that police officer is following established procedure in making arrests, whether it is done
with or without a warrant. If the arrested person was not informed of his or her rights, it could later
on be used as a defense and a means to charge the arresting officer with a violation. By not
following procedure, a police officer runs the risk of being charged administratively while opening an
opportunity for the arrested person to be released from detention due to a technicality. Some
policies in the PNP were also issued to uphold certain rights. For example, the ban of the
presentation of suspects FROM SOCIAL CONTROL AND REPRESSION… TO A NEW PARADIGM
GROUNDED IN RESPECT FOR HUMAN DIGNITY, TRANSPARENCY, ACCOUNTABILITY, RULE
OF LAW, AND DEMOCRATIC GOVERNANCE. what is human rights-based policing? 14 before the
media is intended to protect their rights to dignity and presumption of innocence until proven guilty.
Indeed, one of the most effective ways to promote and protect human rights is by following PNP
policies and procedures.
Adherence to National/Domestic and International Laws, Treaties, Standards and Protocols
on Human Rights:
Human Rights-Based Policing is about adhering to international standards of human rights in
law enforcement. All PNP personnel must know, understand, and adhere to Philippine laws related
to human rights such as Republic Acts 7438, 9745, 9851, among others. It can be said that human
rights-based policing is the full enforcement of laws on human rights. There are at least 10 basic
international human rights standards for law enforcement that all police organizations around the
world must strive to attain. By adhering to international standards, the PNP is able to comply with a
uniform set of principles and practices that is expected from all police officers by the international
community.
Of course, there are differences between Philippine laws and those of other states. The
crime situation in the country is also peculiar and some international standards may not be
immediately attainable in the Philippines. However, knowledge and recognition of international
standards paves the way for setting benchmarks for the gradual improvement of the organizational
philosophy, doctrines, physical infrastructure, systems, training and education, operational
procedures, values, and practices in the PNP.
Professional Competence and Courteous Service:
Human Rights-Based Policing is demonstrated through professional competence and
courtesy. In order to prevent human rights violations, the police must only use calibrated force to
subdue the suspects. This can only be taught through realistic simulation of incidents involving both
armed and unarmed suspects; as well as compliant and resisting persons. They must understand
that force is only used when normal persuasion fails and when it is absolutely necessary to
overcome a threat to public safety.
The police arrest and restrain persons or suspects based on the basis of “probable cause”
while judges adjudicate and punish on the burden of “beyond a reasonable doubt” which is a higher
legal standard. However, it is clear that the police must use commensurate degrees of force in order
to effectively enforce the law and ensure public safety. Upholding human rights is very similar to the
Golden Rule which says that we must treat others in the way we want others to treat us. When
we render respect and courtesy to citizens, there is a greater tendency for them to return that
respect and courtesy. In the Philippines, citizens are generally compliant to instructions of uniformed
agents of government such as PNP personnel. However, that compliance must not only be based
on fear brought about by the threat or actual use of force by police officers.
The ideal compliance of citizens to their police should be based on genuine respect for the
police badge and uniform as symbols of proper legal authority. Another important factor to consider
is that majority of citizens only establish contact with police officers after they had already been
victimized by criminals or when they need urgent police assistance. Just like the cliché, the “first
impression” that a citizen gets from a police officer usually lasts WHEN THE POLICE FOLLOWS
PROPER OPERATIONAL PROCEDURES, THEY UPHOLD & PROTECT HUMAN RIGHTS.
Whether that impression is positive or negative. Therefore, the goal of every police officer during
citizen contact is to provide a professional, fast, efficient, and courteous response to a legitimate
citizen request for police service or assistance.
Respect for the rule of Law and Civilian Authority.
Human Rights-Based Policing is anchored on the rule of law and recognition of civilian
supremacy. From the term law enforcement, it is understood that there can be no enforcement apart
from the law.
Any act of enforcement apart from the law may be considered criminal, or at the very least,
an abuse of authority. Respect for rule of law and civilian supremacy is best exemplified when the
police practices accountability for all its actions, or, as the case may be, inaction on matters related
to the protection of people’s legal rights. Therefore, all police officers must always remember Article
II, Section 1 of the 1987 Philippine Constitution which states that “…sovereignty resides in the
people and all government authority emanates from them.”

Pro-Democracy and Pro-Citizen:

Human Rights-Based Policing is democratic and citizen centered. Democratic values are
best demonstrated by the police when it seeks greater participation by the community in maintaining
peace and order.
The police organization must always remain responsive and relevant to the needs of the
community - which is actually the PNP’s clientele. Through dialogues and consultations with
stakeholders, the police are able to learn about the issues and concerns that must be addressed at
the community level. In most, if not all situations, full cooperation between the police and the
community is required in order to solve peace and order problems.
As a government bureau or state actor, the PNP has three levels of Human Rights
Obligations…
1. To RESPECT human rights means refraining from interfering with the enjoyment of people’s
rights;

2. To PROTECT human rights means to implement laws that provide equal protection to all persons
from human rights violations by state authorities or by non-state actors;

3. To FULFILL human rights refers to the act of establishing institutions and implementing
systems, mechanisms or procedures that enable people to claim their rights.

The PANTHER principles

P - Participation, of human rights were
A - Accountability originally developed by the
N - Non-Discrimination
United Nations Food and
T - Transparency
Agriculture Organization
H - Human Dignity
E - Empowerment (FAO) for application in
R - Rule of Law development planning. It is
also incorporated into the
Human Rights-Based Approach Development Toolkit of the National Economic and Development
Authority (NEDA) and the Commission on Human Rights (CHR). The PANTHER principles were
first introduced to the PNP and other National Government Agencies (NGAs) during a training-
workshop entitled “Mainstreaming Human Rights-Based Approach in Political Development and
Governance Sector” in October 2010.
PARTICIPATION - it is about the active involvement of people in public planning and decision-
making. This is applied by the PNP when in conducts consultations, dialogues and other activities
that encourage and enable citizens, NGOs, civil society, and other sectors of society to participate
in the process of policy or action planning and other activities related to public safety, law
enforcement, and protection of human rights. This is anchored on the Right to Participate in
government, and, in process constituting the conduct of public affairs, without sanction or threat.
As a practical example, the PNP regularly conducts multi-sector consultations, dialogues,
and other activities that encourage and enable citizens and sectoral representatives to engage the
police and provide inputs needed for the development of policies, plans, strategies, and programs.
The formation of police auxiliary groups and other PNP-accredited civilian organizations is also a
good example of people’s participation in police affairs. The application of this principle is a
recognition of the unique and important role of the community in maintaining peace and order. As
the old dictum says, “the community is the police and the police is the community”.
ACCOUNTABILITY - It is a recognition that the purpose for existence of the PNP is to serve and
protect the public; and, as declared in the Constitution, since all power and authority of the
government emanates from the people, it is the obligation of the police to remain fully accountable
to the people. Accountability means that the PNP has obligations to the people or claim holders of
human rights in terms of conduct and results. On conduct, all PNP personnel are accountable to the
people for all their actions and the consequences of those actions. Thus, PNP personnel must be
professional, competent, effective, and efficient in rendering police services. On results, all police
services must be responsive to the needs and expectations of the people. The PNP must deliver or
implement policies, actions, decisions, services, and other law police-related outputs and outcomes,
including those related to the attainment of human rights goals and objectives. The 35 publication of
police reports; providing the public with information about police policies and procedures; open and
transparent bidding processes in the PNP; and the implementation of strict internal disciplinary
measures are good examples of accountability.
NON-DISCRIMINATION - it is about providing police service to all persons without bias or
prejudice. The PNP must serve all persons with utmost professionalism, competence, courtesy and
respect regardless of age, sex, race or ethnic origin, gender or sexual orientation, social and
economic status.
A good example of the application of Non-Discrimination is the recent resolution by the
National Police Commission which authorized the removal of the height waiver requirement for
members of Indigenous People (IP) groups or communities. The PNP recognizes the value and
contributions of the IP community and, as a result, no longer bars the entry of qualified applicants
from IP communities even if they do not meet the standard height requirement. For those who are
not members of an IP community, they just need to get an en banc resolution that authorizes their
entry into the PNP even if they do not meet the height requirements
TRANSPARENCY - means that the PNP, as much as practicable and without risk to national
security or public safety, allows the public to gain access to policies, plans, documents, rules and
regulations, and other information that affects their safety, security, and well-being. Closely related
to the principle of accountability, the PNP also practices transparency by regularly providing the
public and other concerned sectors about PNP policies, operations, accomplishments, and other
important information. Through the PNP Public Information Office (PNP PIO), any person may
obtain information from the police as long as the requested information does not compromise
national security and public safety.
HUMAN DIGNITY - as a principle means that the PNP values the inherent and immutable dignity of
every person at all times, without exception. It also entails the provision of special services or
measures that meet the unique needs of the poor, vulnerable, and marginalized sectors of society.
The PNP Human Rights Development Program, including the ongoing campaign against torture, ill
treatment, and other violations of human rights are part of the application of the principle of human
dignity.
EMPOWERMENT - is the acknowledgement and full respect for people’s capacity to think and act
freely for and on their own behalf for the purpose of identifying solutions to problems. As it relates to
the principle of participation, this means that the PNP recognizes that people or claim holders of
human rights have the power to explore and maximize their potential and shape their collective
destiny. One of the best examples of the principle of empowerment are the Community-Based
Dialogues on Human Rights, the barangay pulong-pulong, and other activities related to police-
community relations. When the police encourage and enable citizens and sectoral representatives
to participate in police affairs, they become empowered. As empowered stakeholders, they are no
longer passive recipients of police services but active participants in the maintenance of peace and
order.
RULE OF LAW - is the observance of the principles and values of justice, equity, fairness, and
impartiality in all police policies, plans, decisions, procedures, and all other actions related to law
enforcement and public safety. Respect for legal procedures, human rights principles, as well as the
enforcement of human rights laws, treaties, and protocols are good examples of respect for the
principle of Rule of Law. As a law enforcement agency, the PNP must continuously and consistently
uphold the rule of law --- which includes the enforcement of laws related to human rights. Whenever
a human rights violation is committed, a law is broken. Therefore, the PNP can best apply the
principle of rule of law by deterring crime, bringing lawbreakers before the bar of justice, and by
ensuring that human rights are fully respected and protected.
10 BASIC INTERNATIONAL HUMAN RIGHTS STANDARDS FOR LAW ENFORCEMENT
STANDARD number 1:
Everyone is entitled to equal protection of the law, without discrimination on any grounds, and
especially against violence and other threats. Be especially vigilant to protect potentially vulnerable
groups such as children, the elderly, women, refugees, displaced persons, and members of minority
groups.
STANDARD number 2:
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. 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.
STANDARD number 3:
Do not use force except when strictly necessary and to the minimum extent required under the
circumstances
STANDARD number 4:
Avoid using force when policing unlawful but non-violent assemblies. When dispersing violent
assemblies, use force only to the minimum extent necessary. Guidelines / Suggested Action Items
STANDARD number 5:
Lethal force should not be used except when strictly unavoidable in order to protect your life or the
lives of others
STANDARD number 6:
Only arrest persons if there are legal grounds to do so, and the arrest is carried out in accordance
with lawful arrest procedures.
STANDARD number 7:
Ensure that all detainees, immediately after their arrest, have access to their family and lawyer.
They must also be given immediate medical assistance whenever necessary.
STANDARD number 8:
All detainees must be treated humanely. Under any circumstances, do not inflict, instigate, nor
tolerate any act of torture or ill-treatment, and refuse to obey any order to do so.
STANDARD number 9:
Do not carry out, order, or cover-up extra-legal killings or enforced disappearance, and refuse to
obey any order to do so.
STANDARD number 10:
Report all violations of these standards to your senior officer and to the nearest Prosecutor’s Office.
Do everything within your ability and authority to ensure steps are taken to investigate violations of
these standards
Maintain copies of mission orders, memoranda, notes, and other official documents related to police
operations involving your participation. These documents will be useful in the preparation of your
factual report of alleged violations of human rights; and in the preparation of your reply or defense in
case you are the subject of complaint for alleged violations.
Follow prescribed procedures for reporting violations of police policies and procedures (from
immediate superior to higher office).
Given the social, doctrinal, constitutional/legal, and moral rationale behind the police duty and
obligation to promote and protect human rights --- it is, therefore, imperative for the PNP to review
and adopt new policies, systems and procedures that would better protect the rights of citizens and
other stakeholders in Philippine society. In fact, one of the key perspectives in the ongoing police
reforms under the PNP Patrol Plan 2030 / Integrated Transformation Program – Performance
Governance System (ITP-PGS) is “Rights-Based Policing”. As part of process excellence, the PNP
strives to serve and protect the community by upholding their rights under the law. The performance
of the PNP in addressing crime, therefore, cannot be separated from its duty and obligation to
uphold human rights.