HUMAN RIGHTS

MANIFESTING PUMASA AKOOOOO!!!!!

Cyrus the Great

the first king of ancient Persia, conquered the city of Babylon.

Cyrus Cylinder

recognized as the world's first charter of human rights.

The Magna Carta (1215)

“Great Charter,” signed by the King of England in 1215, was a turning point in human rights

The Magna Carta (1215)

extensive historical process that led to the rule of constitutional law today in the English-speaking world.

King John of England

violated a number of ancient laws and customs by which English had been a number governed his subjects forced him to sign the Magna Carta

Magna Carta

Widely viewed as one of the most important legal documents development of modern democracy, this was a crucial turning point in the struggle to establish freedom.

Petition of Right (1628)

English Parliament sent this statement of civil liberties to King Charles I.

The Constitution of the United States of America (1787) and Bill of Rights (1791)

protects basic freedoms of United States citizens.

On July 4, 1776

United States Congress approved the Declaration of Independence. Its primary author, Thomas Jefferson, wrote the Declaration as a formal explanation

December 15, 1791

The first ten amendments to the Constitution—the Bill Rights—came into effect on

Bill of Rights

protects freedom of speech, freedom religion, the right to keep and bear arms, the freedom of assembly and the freedom to petition.

La Déclaration des Droits de l'Homme et du Citoyen

Declaration of the Rights of Man and of the Citizen

La Déclaration des Droits de l'Homme et du Citoyen

was adopted by National Constituent Assembly as the first step toward writing a constitution for the Republic of France.

Declaration

proclaims that all citizens are to be guaranteed the rights of "liberty, property, security, and resistance to oppression.’’

The First Geneva Convention (1864)

The original document in 1864 provided for care to wounded soldiers.

The United Nations (1945)

Fifty nations met in San Francisco in 1945 and formed to protect and promote peace.

World War Il

had raged from 1939 to 1945, and as the end drew near, cities throughout Europe and Asia lay in smoldering ruins.

Universal Declaration of Human Rights

On October 24, 1945, in the aftermath of World War Il, the United Nations came into being as an intergovernmental organization, with the purpose of saving future generations from the devastation of international conflict.

Universal Declaration of Human Rights

United Nations representatives from all regions of the world formally adopted the

UN Charter

empowered ECOSOC to establish "commissions in economic and social fields and for the promotion of human rights

Declaration

was drafted by representatives of all regions of the world and encompassed all legal traditions.

Human dignity

plays a special part of the provision of our preamble in the 1987 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. 11, Art Il, Philippine Constitution)

Human rights

may be defined as "the supreme, inherent and inalienable rights to life, to dignity, and to self-development. It is the essence of these rights that makes man human.

Confucian

“Do not do unto others what you would not have them done unto you.”

Islam

No one of you is a believer, until he desires for his brother, that which he desires for himself.

Christianity

In everything, do to others just what you want them to do for you.

Human Rights

Those rights which are inherent in our nature and without which we cannot live as human beings.

Natural or Moral Rights

God given rights, acknowledged morally good

Statutory Rights

rights promulgated by legislative body

Constitutional Rights

guaranteed in bill of rights

Civil Rights

rights the law will enforce at instance of private individuals for purpose of securing to them the enjoyment of happiness.

Political Rights

are those rights which enable us to participate in running the affairs of the government either directly or indirectly.

Civil & Political Rights

are guarantees against government abuse.

Economic, Social & Cultural Rights

rights of people to self-determination, to pursue economic, social & cultural development & financial security

Non-Derogable or Absolute Rights

rights that cannot be suspended nor taken away nor restricted or limited even in extreme emergency and even if gov't invoke national security

Derogable or Relative Rights

maybe suspended or restricted or limited depending on circumstances — for preservation of social life.

A right is an entitlement (claim)

Such rights maybe violated but they can never be taken away.

Human Rights Enforcement

means: 'responsive', 'representative' and 'accountable'.

Human rights are inalienable

As such they cannot be stripped or rightfully taken away from any free human person.

Human rights are imprescriptible

Human rights are not lost by mere passage of time

Human rights are universal

Human rights are endowed every human being from the moment of birth, w/o distinction or irrespective of origin, sex, race, creed, political colour, status or condition in life.

Human rights are interdependent

The fulfilment, enjoyment or exercise of a particular right cannot be attained w/o the realization of the other rights.

Principle of equality

Even the law of nature made manifest this basic principle by the fact that all human beings, male or female, are born naked & helpless.

IMPORTANCE OF HUMAN RIGHTS TO LAW ENFORCEMENT

Policing is at the heart of a broad spectrum of human rights discourses

PNP Core Values

Service, Honor, and Justice

PNP Motto

Serve and Protect

PNP Mission

To enforce the law, to prevent and control crimes, to maintain peace and order, and to ensure public safety and internal security with the active support of the community the human rights framework protects civil, political, economic, social and cultural rights.

Basic Standard 1: EQUAL PROTECTION

Everyone is entitled to equal protection of the law, without discrimination on any grounds, and especially against violence or threat. Be especially vigilant to protect potentially vulnerable groups such as children, the elderly, women, refugees, displaced persons and members of minority group.

Basic Standard 2: RESPECTFUL TREATMENT

Treat all victims of crime with compassion and particular protect their safety and privacy, respect, and in particular protect their safety and privacy.

Basic Standard 3: USE OF FORCE

Do not use except when strictly necessary and to the minimum extent required under the circumstances.

Basic Standard 4: POLICING NON-VIOLENT ASSEMBLIES

Avoid using force when policing unlawful and use force only to the minimum extent necessary.

Basic Standard 5: USE OF LETHAL FORCE

should not be used except when strictly unavoidable in order to protect your life or the lives of others.

Basic Standard 6: ARRESTING PERSONS ON LEGAL GROUNDS

Arrest no person unless there are legal grounds to do so, and the arrest is carried out in accordance with lawful arrest procedures

Basic Standard 7: DETAINEE’S RIGHTS

Ensure all detainees have access promptly after arrest to their family and legal representative and to any medical assistance.

RA 9745 or the Anti-torture Act and Rights

a person under custodial investigation should be property observed

RA 7438

An Act Defining Certain Rights of Person Arrested, Detained or Under Custodial Person

Basic Standard 8: HUMANE TREATMENT OF DETAINEES

All detainees must be treated humanely. Do not inflict, instigate or tolerate any act of torture or ill-treatment, in any circumstances, and refuse to obey any order to do so.

Basic Standard 9: REFUSAL TO OBEY UNJUST ORDERS

Do not carry out, order or cover up extrajudicial killings or “enforced disappearances", and refuse to obey any order to do so.

Basic Standard 10: REPORTING VIOLATIONS

Report all breaches of these Basic Standards to Your senior officer and to the office of the public prosecutor. Do everything within your power to ensure steps are taken to investigate these breaches.

Human Rights-Based Policing

is the comprehensive, systematic, and institutional adherence to national or domestic laws on human rights

Human Rights-Based Policing

an approach to policing that defines the relationship between individual citizens and various groups or sectors of society

Claim Holders

whose rights have to be respected and protected by the police

Police

as Duty Bearers that have obligations to respect, protect and fulfill human rights

Human Rights-Based Policing

aims to empower claim holders to claim their rights, while strengthening the capacities of duty bearers to meet their duties and obligations as human rights protectors.

RIGHTS-BASED POLICING

Compliance with international human rights standards in policing

Enforced Disappearances (ED)

The 'disappeared' any people who have been taken into custody by agents of the State, whose whereabouts are concealed and whose custody is denied

Extra-judicial killings (EJK)

are unlawful and deliberate killings, carried out by order of a government or with its complicity (accomplice) or acquiescence (acceptance)

Torture

extreme/severe pain through physical or psychological means to elicit information, etc...

Stop and Frisk

Limited protective search

Principle of Distinction

parties to the conflict shall at all times distinguish between the civilian population and combatants, and between civilian objects and military objectives and, accordingly, shall direct their operations only against military objectives.

Principle of Proportionality

the actual damage that is caused by attacking a military target must not be larger than the calculated military advantage.

Principle of Military Necessity

the only legitimate objective, which states should endeavor to accomplish during war, is to weaken the military forces of the enemy; that for this purpose, it is sufficient to disable the greatest possible number of men.

Implementation of International Humanitarian Law

a part of the body of international law that governs the behavior of states during warfare and internal armed conflict.

Republic Act 9851

otherwise known as the "Philippine Act on Crimes Against International Humanitarian Law and Genocide and Other Crimes Against Humanity

Republic Act 9851

which mandates both state and non-state armed groups

International law as part of the domestic law

The Philippines adopts the generally accepted principles of international law as part of the law of the country

Universal jurisdiction of the crime

The law provides that Philippine Regional Trial Courts (RTC) shall have the original and exclusive jurisdiction over persons who commit international crimes punishable under this law

Non-prescription of the offense

The crimes defined and penalized prosecution, and the execution of sentences imposed on their account, shall not be subject to any Prescription. (Section 11, Chapter 5, RA 9851

Liability on non-state actors

The law lays down the rules which are applicable to both State and non-State actors

War crimes or crimes against Int’l Humanitarian Law

In case of a non-international armed conflict, "war crimes" are any of the following acts committed against persons taking no active part in the hostilities

Genocide

means any of the following acts with intent to destroy, in whole or in part, a national, ethnic, racial, religious, social or any other similar stable and permanent group

Other crimes Against Humanity

means any of the following acts committed as part of a widespread or systematic directed against any civilian population, with knowledge of the attack