CJL 2 - Human Rights Education

Criminology Department
Human Rights Education (CLJ2)
Course Code: CLJ 2 Instructor: Raffy S. Sumatin, RCrim.

Course Title: Human Rights Education Mobile No. 09673966318
Credit Unit : 3 Units Email Address:[email protected]
Module No. : 1
Duration : 1 week
I. LEARNING OUTCOMES:
At the end of the module, you are expected to:
1. discuss historical facts about human rights; and
2. determine the concepts regarding the spread of human rights.
II. TOPICS:
1. A Concise History of Human Rights
2. The Spread of Human Rights
3. The Magna Carta (1215)
4. Petition of Right (1628)
5. United States Declaration of Independence (1776)
6. The Constitution of the United States of America (1787) and Bill of Rights (1791)
7. Declaration of the Rights of Man and the Citizen (1789)
8. The United Nations (1945)
9. The Universal Declaration of Human Rights (1948)
III. REFERENCES:
Atty. Jacinto M. Dela Cruz Jr. (2017) Understanding Human Rights and International
Humanitarian Law.
PSSUPT. ADELENE M. FLORENDO, PNP (Ret.)(2017)Understanding Human Rights and
International Humanitarian Law.
IV. COURSE CONTENT:
CHAPTER 1
A CONCISE HISTORY OF HUMAN RIGHTS
Cyrus the Great, the first king of Persia, freed the slaves of Babylon, 539 B.C. In 539
B.C the armies of Cyrus the Great, the first king of ancient Persia, conquered the city of
Babylon. But it was his next action that marked a major advance for man. He freed the
slaves, declared that all people had the right to choose their religion, and established racial
equality. These and other decrees were recorded on a baked- clay cylinder in the Akkadian
language with cuneiform script.
Known today as the Cyrus Cylinder, this ancient record has now been recognized as the
world's first charter of human rights. It is translated into all six official languages of the
United Nations and its provisions parallel the first four articles of the Universal Declaration of
Human Rights.
The Spread of Human Rights
From Babylon, the idea of human rights spread quickly to India, Greece, and eventually
Rome. The concept of "natural law "arose, in observation that people tended to follow certain
unwritten laws during life, and Roman Law was based on rational ideas derived from the
nature of things.
1|Page Understanding Human Rights and International Humanitarian Law
Documents asserting individual rights, such as the Magna Carta (1215), the Petition of
Rights 1628), the US constitution (1787), the French Declaration of the Rights of Man and the
Citizen (1789), and the US Bill of Rights (1791) are the written precursors to many of today's
human rights documents.
The Magna Carta (1215)
Magna Carta or Great Charter, signed by the king of England in 1215, was a turning
point in human rights.
The Magna Carta, or "Great Charter", was arguably the most significant early influence
on the extensive historical process that led to the rule of constitutional Law today in the
English-speaking world.
In 1215, after King John of England violated several ancient laws and customs by
which England has been governed. His subjects forced him to sign the Magna Carta, which
enumerates what later came to be thought of as human rights. Among them was the right of
the church to be free from governmental interference, the right of all free citizens to own and
inherit property, and to be protected from excessive taxes. It established the right of widows
who owned property to choose not to remarry and established due process and equality
principles before the Law. It also contained provisions forbidding bribery and official
misconduct.
Widely viewed as one of the most important legal documents in the development of
modern democracy, the Magna Carta was a crucial point in the struggle to establish freedom.
Petition of Right (1628)
In 1628 the English Parliament sent this statement of civil liberties to King Charles I. The
next recorded milestone in the development of human rights was the Petition of Right,
produced in 1628 by the English Parliament and sent to Charles I as a statement of civil
liabilities. Refusal by Parliament to finance the king's unpopular foreign policy had caused his
government to exact forced loans and to quarter troops in subject houses as an economic
measure. Arbitrary arrest and imprisonment for opposing these policies had produced in
Parliament a violent hostility to Charles and George Villiers, the Duke of Buckingham. The
Petition of Right, initiated by Sir Edward Coke, was based upon earlier statutes and charters,
and asserted four principles:
a. No taxes may be levied without the consent of Parliament in short no collection of taxes
without the consent of Congress or any approval came from the Parliament.
b. No subject may be imprisoned without the cause shown reaffirmation of the right of
habeas corpus
c. No soldier may be quartered upon the citizenry, and
d. Martial Law may not be used in the time of peace.
United States Declaration of Independence (1776)
In 1776, Thomas Jefferson penned the American Declaration of Independence. On July

4, 1776, the United Congress approved the Declaration of Independence. The primary author
was Thomas Jefferson he wrote the Declaration as a formal explanation Congress has voted
on July 2 to declare independence from Great Britain, more than a year after the outbreak of
the American Revolutionary War, and as a statement announcing that the thirteen American
colonies were no longer a part of British Empire. Congress issued the Declaration of
Independence in several forms. It was initially published as a printed broadsheet distributed
and read to the public.
Philosophically, the Declaration stressed two themes: individual rights and the right to
revolution. These ideas became widely held by Americans and spread internationally as well,
influencing the French Revolution.
The Constitution of the United States of America (1787) and Bill of Rights (1791)
The Bill of Rights of the US Constitution protects the basic freedoms of United States
citizens. Written during the summer of 1787 in Philadelphia. This Constitution of the United
States of America is the fundamental Law of the United State federal system of government
and the landmark document of the Western world. It is the oldest written national
constitution in use and defines the principal organs of government and their jurisdiction and
the basic rights of citizens.
The first ten amendments to the constitution the Bill of Rights came into effect on
December 15, 1791, limiting the federal government's powers of the United States and
protecting the rights of all citizens, residents, and visitors in American territory.
This Bill of Rights protects freedom of speech, freedom of religion, the right to keep and
bear arms, the freedom of assembly, and the freedom of petition. It also prohibits
unreasonable search and seizure, cruel and unusual punishment, and compelled self-
incrimination. Among the legal protections it affords, the Bill of Rights prohibits Congress
from making any law respecting the establishment of religion and prohibits the federal
government from depriving any person of life, liberty, or property without due process of Law.
Federal criminal cases require indictment by a grand jury for any capital offense, or infamous
crime guarantees a speedy public trial with an impartial jury in the district in which the
crime occurred and prohibits double jeopardy.
Declaration of the Rights of Man and the Citizen (1789)
In 1789 the people of France brought about the abolishment of the absolute monarchy
and set the stage for the establishment of the first French Republic. Just six weeks after the
storming of the bastille, and barely three weeks after the abolition of feudalism, the
Declaration of the Rights of Man, and the Citizen (French: La Declaration des Droits de
l'Homme et du Citoyen) was adopted by the National Constituent Assembly as the first step
toward writing a constitution for the Republic of France.
This Declaration proclaims that all citizens are to be guaranteed the rights of liberty,
property, security, and resistance to oppression. It argues that the need for Law derives from
the fact that the exercise of the natural rights of each man has only those borders which
assure other members of the society the enjoyment of these same rights. Thus, the
Declaration sees Law as an expression of the general will, intended to promote this quality of
rights and to forbid only actions harmful to the society.
The First Geneva Convention (1864)
The original document from the first Geneva Convention in 1864 provided care to
wounded soldiers. In 1864, sixteen European countries and several American states attended
a conference in Geneva, at the invitation of the Swiss Federal Council, on the initiative of the
Geneva Committee. The diplomatic conference was held for adopting a convention for the
treatment of wounded soldiers in combat.
The main principles laid down in the convention and maintained by the later Geneva
Conventions provided the obligation to extend care without discrimination to wounded and
sick military personnel and respect for and making medical personnel transports and
equipment with the distinctive sign of the red cross on a white background.
The United Nations (1945)
Fifty nations met in San Francisco in 1945 and formed the United Nations to protect and
promote peace. World War II had ranged from 1939 to 1945, and as the end drew near, cities
throughout Europe and Asia lay in smoldering ruins, Millions of people were dead, millions
more were homeless or starving. Russian forced were closing in on the remnants of German
resistance in Germany's bombed-out capital of Berlin. In the Pacific, US Marines were still
battling entrenched Japanese forces on such islands as Okinawa.
In April 1945, delegates from fifty countries met in San Francisco full of optimism and
hope. The goal of the United Nations Conference on International Organization was to fashion
an international body to promote peace and prevent future wars. The ideas of the
organization were stated in the preamble to its proposed charter: "We the people of the
United Nations are determined to save succeeding generations from the scourge of
war, which twice in our lifetime has brought untold sorrow to mankind".
The charter of the new United Nations organization went into effect on October 24,
1945, a date that is celebrated each year as United Nations Day.
The Universal Declaration of Human Rights (1948)

On October 24, 1945, in the aftermath of World War II, the United Nations came into
being as an intergovernmental organization, to save future generations from the devastation
of international conflict.
United Nation representatives from all regions of the world formally adopted the
Universal Declaration of Human Rights on December 10, 1948.
The charter of the United Nations established six principal bodies, including the
General Assembly, the Security Council, the International Court of Justice, and human
rights, and Economic and Social Council (ECOSOC).
The United Nations empowered ECOSOC to establish a commission in economics and
social fields and the promotion of human rights. One of these was the United Nations Human
Rights Commission, which, under Eleanor Roosevelt's chairmanship, saw to the creation of
the Universal Declaration of Human Rights.
The declaration was drafted by representatives from all regions of the world and
encompassed all legal traditions. Formally adopted by the United Nation on December 10,
1948, it is the most universal human rights document in existence delineating the thirty
fundamental rights that form the basis for a democratic society.
Following this historical act, the Assembly called upon all Member countries to
publicize the declaration's text and cause it to be disseminated, displayed, read, and
expounded principally in the school and other educational institutions, without distinction
based on the political status of countries or territories.
Today, the Declaration is a living document that has been accepted as a contract
between a government and its people throughout the world. According to the Guinness Book
of World Records, it is the most translated document in the world. The Universal Declaration
of Human Rights has inspired several other human rights laws and treaties throughout the
world.
By 1948, the United Nation new Human Rights Commission had captured the world's
attention. Under the dynamic chairmanship of Eleanor Roosevelt President Franklin
Roosevelt's widow, a human rights champion in her own right, and the United State delegate
to the United Nation the commission set out to draft the document that became the Universal
Declaration of Human Rights. Credited with its inspiration, Roosevelt referred to the
declaration as the international Magna Carta for all mankind. It was adopted by the United
Nation on December 10, 1948.
In its preamble and Article 1, the Declaration unequivocally proclaims the inherent
rights of all human beings. Disregard and contempt for human rights have resulted in
barbarous acts which have outraged the conscience of mankind, and the advent of a world in
which human beings shall enjoy the freedom of speech and belief and freedom from fear and
want has been proclaimed as the highest aspiration of the common people. All human being
is born free and equal in dignity and rights.
The United Nations member states pledged to work together to promote the thirty
Articles of human rights.For the first time in history, it had been assembled and codified into
a single document. In consequence, many of these rights, in various forms, are today part of
the constitutional laws of democratic nations.
Name: ______________________________________________________ Year/Sec: _____________
Subject: _____________________________________________________Moduele#: ________________
V. ACTIVITY:
Instruction: Answer the activity in 5-10 sentences. You can pass your activity and evaluation at the faculty
office to submit a hard copy or via Gmail for the softcopy submission. Use this sheet for this activity.
1. What is the first world-recognized charter of human rights? Explain.
2. Based on your understanding, explain the Magna Carta or Great Charter of 1215.
VI. EVALUATION:
Instruction: Read and understand each item carefully. Write your answer on the space provided before the
number.
____1. On Dec.10, 1948, the united nation representatives from all regions of the world formally adopted
the_____.
a. The Declaration of Human Rights c. The Magna Carta
b. The First Geneva Convention d. The United nation
____2. Who was the king of ancient Persia who conquered the city of Babylon?
a. Cyrus the great c. King John
b. Alexander the great d. King Solomon
____3. Who is the primary author of the United States Congress?
a. Thomas Jefferson c. Sir Edward Coke
b. Eleanor Roosevelt d. Franklin Roosevelt
____4. What year did the United States Congress approve the Declaration of Independence?
a. July 4, 1776 c. July 2, 1776
b. October 24, 1945 d. October 24, 1948
____5. What is the other term of the Magna Carta?
a. Great Charter c. Great Chapter
b. Great Cheater d. Great Chatter
____6. Petition of rights initiated by___.
a. Sir Edward Coke c. King Charles
b. George Villiers d. Thomas Jefferson
____7. The following are the declarationsthat proclaim that all citizens are to be granted rights. Except
a. Liberty c. Property
b. Power d. Security
____8. Roman Law was based on rational ideas derived from the____.
a. Nature of law c. Nature of property
b. Nature of things d. Nature of environment
____9. It is the oldest written national constitution use and defines the principal organs of government and
jurisdiction.
a. Declaration of Independence c. Magna Carta
b. Bill of Rights d. Petition of Rights
____10. In what year did the people of France abolish the monarchy?
a. 1798 c. 1778
b. 1789 d. 1787

Course Code: CLJ 2 Instructor: Raffy S. Sumatin, Rcrim

Course Title: Human Rights Education Mobile No.: 09673966318
Credit Unit : 3 Units Email Address:[email protected]
Module No. : 2
Duration : 1 week
1. discuss the concept regarding human rights; and the significance of human rights; and
2. identify the classification of human rights, sources of human rights, and the state obligation to
human rights.
II. TOPICS:
1. Human Rights
2. Classification of Human Rights
3. Sources of Human Rights
4. State Obligation to Human Rights
III. REFERENCES:
Atty. Jacinto M. Dela Cruz Jr. (2017)Understanding Human Rights and International
Humanitarian Law.
IV. COURSE CONTENT:
CHAPTER 2
HUMAN RIGHTS
"HUMAN RIGHTS AS THOSE RIGHTS WHICH ARE INHERENT IN OUR NATURE AND
WITHOUT WHICH WE CANNOT LIVE AS HUMAN BEINGS"
"UNITED NATIONS"
Human dignity plays a special part in the provision of our preamble in the 1987
Constitution. The State values the dignity of every human person and guarantees full respect
for human rights. Congress shall give the highest priority to the enactment of measures that
protect and enhance the right of all 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. II, Philippine Constitution).
HUMAN RIGHTS DEFINITION
Human rights may be defined as the supreme, inherent, and inalienable rights to life,
dignity, and self-development. The essence of these rights that makes man human. Human
rights are fundamental freedoms that are necessary to enable every member of humans to live
a life of dignity.
What are human rights

 It is a difficult thing to stand up for what you believe in.
 Human rights are defined as those basic standards without which people cannot live in
dignity as human beings.
 Human rights are the foundation of freedom, justice, and peace.

 The basis of human rights, such as respect for human life and human dignity can be
found in most religions and philosophies.
Confucian: Do not do unto others what you would not have them done unto you
Islam advocate: No one of you is a believer until he desires for his brother, that which he
desires for himself
Christianity teaches: In everything, do to others just what you want them to do for you
Human Rights are the birthright

Those rights are inherent in our nature and without which we cannot live as human
beings. Human rights abuses are causes of conflict – (HR abuses escalate conflict) the roots of
internal conflicts are due to denial of human rights.
Understanding Human Rights
United Nations definition: those rights inherent in our nature and without which we cannot
live as human beings.
Commission on Human Rights definition:

Those rights are supreme, inherent, and inalienable rights to life, dignity, and self-
development. It is the essence of these rights that makes man human. Human rights refer to
those individual rights and fundamental freedoms that pertain to the human person because
of his humanity, whether they are civil and political (CPR) and economic, social, and cultural
rights (ESCR).
Classification of Human Rights
According to the source:
 Natural or Moral Rights – God-given rights, acknowledged morally good.

 Legal Rights:
a. Constitutional Rights–are guaranteed in the bill of rights of the constitution
and Law that govern by the country.
b. Statutory Rights- are rights promulgated by the legislative body.
According to an aspect of life:
 Civil Rights- rights the Law will enforce at the instance of private individuals for
purpose of securing to them the enjoyment of happiness. Civil rights guarantee people
from abuses of State agents in the exercise of the State's 3 inherent powers: Police
power, Eminent domain, and Power of taxation.
Example of civil rights (rights to a name, rights to a nationality, rights to marry and found a
family, rights to liberty and security of person)
 Political Rights – are those rights that enable us to participate in running the affairs of
the government either directly or indirectly.
Example of Political rights (rights to vote, rights to initiative and referendum, rights to
information on matters of public concern).
Civil and Political Rights are guaranteed against government abuse.

 Referred as justiciable rights- immediately enforce once violated called negative rights
because State is refrained from violating them.
 Economic, Social, and Cultural Rights- are people's rights to self-determination,

pursue economic, social, and cultural development, and financial security. Ensure a life
of dignity. Called positive rights- State expected to take effective measures to fulfill
them. Referred as programmable rights- depends upon resources and political will of
the State.
Example of economic and social rights (rights to work, rights to social security, rights to
property, and rights to Education)
According to Derogability:
 Non- Derogable or Absolute Rights – rights that cannot be suspended nor taken nor
restricted or limited even in extreme emergency and even if gov't invokes national
security.
Note: hand in hand with HR, which individuals must enjoy, is the rights of the State to national
security. Thus, some individuals' rights are not absolute or are derogable.
 Derogable or Relative Rights- maybe suspended or restricted or limited depending on

circumstances for the preservation of social life.
State Obligation to Human Rights:
 Obligation to Respect- requires the State and all its organs and agents to abstain from
doing anything that violates the integrity of an individual or fringe on his/her freedom.
 Obligation to Protect- require the state and its agents the measure necessary to
prevent other individuals or groups from violating the integrity, freedom of action, or
the human rights of the individual.
 Obligation to Fulfill – require the State to take measures to ensure that each person
within its jurisdiction can obtain satisfaction of those needs, recognized in the human
rights instruments, which personal efforts cannot secure.
Such rights maybe violated but they can never be taken away.
Human Rights are legal rights- therefore human rights are part of Philippine Laws.
Basic Rule: Law, order, peace, and security are matters of AFP responsibility.
Human Rights Enforcement means responsive, representative, and accountable
Tasks and Duties of Military and Security forces:

a. Maintenance of public order (internal security operations) and national security
(external threats)
b. Aid and assistance in emergencies of all kinds
Basic principles of Human rights

Human rights are inherent, human rights are birthrights. They are belonging to the
person for reason that he/she is a human being.

Fundamental-without human rights, a person's life and dignity would be worthless and
meaningless.
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 the mere passage of time.
Human rights do not prescribe even if a person fails to use or is prevented from asserting that
their human rights are invisible and interrelated. The indivisibility of human rights is a
manifestation that a person cannot be denied or deprived of his or her human rights
notwithstanding that he or she has already enjoyed or is ready to enjoy other rights. Human
rights are not piecemeal rights and freedoms, hence, not capable of being divided.
Human rights are Universal- Human rights are endowed every human being from the
moment of birth without distinction or irrespective of origin, sex, race, creed, political color,
status, or condition in life.
Human rights are interdependent- The fulfillment, enjoyment, or exercise of a right cannot
be attained without 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 being's male or female are born naked and helpless.
SOURCES OF HUMAN RIGHTS
International Bill of human rights

1. Universal declaration of human rights
2. International covenant on civil and political rights
3. International covenant on economic, social, and cultural rights
Subsequent International human rights documents

1. International Covenant on the Elimination of all Forms of Racial Discrimination
2. Convention on the Elimination of all Forms of Discrimination Against Women
3. Convention on the Rights of the Child
4. Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment.
Relevant human rights provisions of the 1987 Constitution

1. Bill of Rights- Art. III, Sec. 1-22
2. Declaration of Principles and State Policies- Art. II, Sec.1-5 and 7,9,23
3. Social Justice and Human Rights- Art. XIII, Sec. 17-18
According to Struggle and Recognition

1. First-generation rights- civil and political rights
2. Second-generation rights- economic, social, and cultural rights
3. Third generation- right to development
Three Conditions to Justify the suspension/limitation of human rights

It is provided for by Law which is made known to every citizen there is a state of
emergency that necessitates the urgent preservation of the public good, public safety, and
public morals and it does not exceed what is strictly necessary to achieve its purpose.

Points of Ponder
 Observance and respecting Law are fundamental to good military practice
 An officer/EP cannot invoke or raise exceptional circumstances or superior orders as a
justification for unlawful behavior
 Gov't to include human rights issues in curricula for training in the military
 Allegations of unlawful behavior by AFP members require prompt, thorough, and
impartial investigations by the government
 Victims of crime and abuse of power are entitled to protection and redress
 Absolute prohibition of torture applies equally to all arrested or detained persons
 Victims of unlawful arrest or detention have an enforceable right to compensation
 The practices and decisions taken by military officers must therefore be seen and
accepted as practices and decisions of the government
 Military practices must be based on respect for and obedience to the laws of the land
10 | P a g e U n d e r s t a n d i n g H u m a n R i g h t s a n d I n t e r n a t i o n a l H u m a n i t a r i a n L a w
Name: ______________________________________________ Year/Sec.: _______________
Subject: _____________________________________________Module#: __________________
V. ACTIVITY:
office to submit a hard copy or via Gmail for the softcopy submission.Use this sheet for this activity.
1. Why are human rights important?
VI. EVALUATION:
Instruction: Read and understand each item carefully. Write your answer on the space provided before the
number.
______1. The following are the classifications of sources of human rights, except.
a. Universal declaration of human rights
b. international covenant on economic, social, and cultural rights
c. international covenant on civil and political rights
d. Convention on the rights of the child
______2. It is called rights that cannot be suspended, taken away, restricted, or limited even in extreme
emergencies.
a. absolute rights c. relative rights
b. human rights d. legal rights
_____3. It is called rights which may be suspended or restricted, or limited depending on circumstances.
_____4. It is defined as the supreme, inherent, and inalienable right to life.
_____5. It refers to the individual rights that enable them to participate in running government affairs.
a. political rights c. civil rights
c. legal rights d. human rights
_____6. It requires the State to take measures to ensure for each person within its jurisdiction opportunities.
a. respect c. protects
c. fulfills d. secure
_____7. It refers to fundamental freedom, which is necessary for humans to live a life of dignity.
_____8. It refers to the foundation of freedom, justice, and peace.
_____9. It is defined as a basic standard that people cannot live in dignity as human beings.
____10. It refers to an individual's rights and fundamental freedom that pertain to the human person because of
his humanity.
Course Code: CLJ 2 Instructor: Raffy S. Sumatin, Rcrim

Credit Unit : 3 Units Email Address: [email protected]
Module No. : 3
Duration : 1 week
1. discuss the importance of human rights to law enforcement;
2. explain the causes of human rights violations;
3. discuss the significant foundations of human rights to society and government; and
4. determine the concept of basic international human rights standards for law enforcement.
II. TOPICS:
1. Foundation of Human Rights Principles and Classification
2. Importance of Human Rights to Law Enforcement
3. Ten International Human Rights standards for law enforcement
III. REFERENCES:
Humanitarian Law.
IV. COURSE CONTENT:

Foundation of Human Rights Principles and Classification
Mind
Human have
Will HUMAN life
basic rights to
Talent’s
dignity
Self- development
Culture
History SOCIETY Society have the basic rights to survives
Resources
Self- Determination
Develop as society
- Always and only an instrument of the

people
SOCIETY
- agent only to society
- Seek the people welfare
The Philippines adopts the
generally accepted
Composed of Nation principles of international
law as part of the law of
GOVERNMENT the land.
Inter-Government (Consti., Art.II, Sec.2)
Importance of Human Rights to Law Enforcement
Policing is at the heart of a broad spectrum of human rights discourses. This has been
apparent for many of those working on civil and political rights who have generally targeted police as
human rights violators. However, police also have direct relevance to economic, social, and cultural
rights. Police can and should play an important role in ensuring a safe environment where individuals
can seek to realize their full range of rights, whether social and economic or civil and political.
PNP Vision
Imploring the aid of the Almighty, by the year 2030, we shall be a highly capable, effective, and
credible police service working in partnership with a responsive community towards the attainment of
a safer place to live work and do business.
PNP Core
Service, Honor, and Justice
PNP Motto
We Serve and Protect
PNP Mission
To enforce the Law, prevent and control crimes, maintain peace and order, and ensure public
safety and internal security with the active support of the community. The human rights framework
protects civil, political, economic, social, and cultural rights. But no matter what kind of rights is at
issue, there are basic principles that are always part of human rights standards and implementation.
Root causes of human rights violations.
Law Enforcement Gap Mission Accomplishment
Law Enforcement arrest/conviction of criminals Mission

Crime solution
Justice of victim
Saving of lives
Law enforcement
Peace & order
Law Enforcement unprofessional behavior mission accomplishment

incompetency
Professionalism
A set of internalized character strengthens and values, high-quality service to others, the show
of self-respect, commitment to excellence, adherence to a high standard of behavior, see work as
service to others, high level of responsibility, and respect to other rights.
"NOT JUST A SET OF APPEARANCE NOR JUST TECHNICAL SKILL"

Competency
Does not mean "Authorized" the mental and physical aptitude of the police officer in reacting to
circumstance.
Key Points of Human Rights Principles and Practices for Law Enforcement (UN code of conduct
for Law Enforcement officials)
 Perform duty under the Law

 Respect and safeguard human rights
 Use force only when strictly necessary
 Respect confidentiality
 Never inflict any act of torture and other cruel treatment
 Safeguard the health of those in custody
 Do not commit any act of corruption
 Respect the Law and this code
Ten International Human Rights standards for law enforcement
Basic standard 1:
Everyone is entitled to equal protection of the Law, without discrimination on any grounds, and
especially against violence or threat.
Be especially vigilant to protect potentially vulnerable groups such as children, the elderly,
women, refugees, displaced persons, and members of minority groups.
For the implementation of basic standard 1, it is of great importance that police officers always
fulfill the duty imposed on them by Law, by serving the community and protecting all persons against
illegal acts, consistent with the high degree of responsibility required by their profession. They must
promote and protect human dignity and maintain and uphold the human rights of all people.
Basic standard 2:
Treat all victims of crime with compassion and respect andprotect their safety and privacy.
Victims are people who have suffered harm including mental and physical injury, emotional suffering,
economic loss, or substantial impairment of their fundamental rights through acts or omissions that
violate criminal Law.
Basic standard 3:
Do not use force except when strictly necessary and to the minimum extent required under the
circumstances. The implementation of basic standard3 involves, among other things, that police
officers, in carrying out their duty, should apply non-violent means as far as possible before resorting
to the use of force. They may use force only if other means remain ineffective.
Basic Standard 4:
Avoid using force when policing unlawful but non-violent assemblies. When dispersing violent
assemblies, use force only to the minimum extent necessary. Everyone is allowed to participate in
peaceful assemblies, whether political or non-political, subject only to very limited restrictions
imposed in conformity with the Law, and which are necessary in a democratic society to protect such
interests as public order and public health.
Basic Standard 5:
Lethal force should not be used except when strictly unavoidable to protect your life or the lives
of others. Maybe use only in the following situation: Self-defense, Defense of a stranger or a family,
and in the performance of a lawful duty(PNP Police Operational Procedures 2013)
Basic Standard 6:
Arrest no person unless there are legal grounds to do so, and the arrest is carried out under
lawful arrest procedures to make sure that an arrest is lawful and not arbitrary, nor
delay, it is important that the reasons for the arrest and the powers and identity of arresting officers
are known.
Basic Standard 7:
Ensure all detainees have access promptly after arrest to their family and legal representative
and any necessary medical assistance. Compliance with RA 9745 or the Anti-torture act and the
Rights
of a person under custodial investigation should be properly observed (RA 7438).
Basic Standard 8:
All detainees must be treated humanely. Do not inflict, instigate, or tolerate any act of torture
or ill-treatment, in any circumstances, and refuse to obey any order to do so.
Basic Standard 9:
Do not carry out, order, or cover up extrajudicial killings or enforced disappearances", and
refuse to obey any order to do so.
No one should be arbitrarily or indiscriminately deprived of life. An extrajudicial killing is an
unlawful and deliberate killing carried out by, or on the order of, someone at some level of
government, whether national, State, or local, or with their acquiescence.
Basic Standard 10:

Report all breaches of these Basic Standards to your senior officer and the office of the public
prosecutor.
Do everything within your power to ensure steps are taken to investigate these breaches. All
violations of human rights by the police or other law enforcement personnel, including any breaches of
these Basic Standards, should be investigated fully, promptly, and independently,
Name: ______________________________________________ Year/Sec.: __________________
Subject: ____________________________________________ Module #: _____________________
V. ACTIVITY:
Instruction: answer the activity in 5-10 sentences. You can pass your activity and evaluation at the faculty
office to submit a hard copy or via Gmail for the softcopy submission.
1. How does law enforcement avoid Human Rights violations? Explain
2. Why is Human Rights important to Law Enforcement? Explain.
3. How does the foundation of human rights be important to humans, society, and the
government?
VI. EVALUATION:
Identification:
Instruction: Read and understand each item carefully. Write your answer in the space provided
before the number.
___________________1. It refers to the international basic standard that promote and protect human dignity.
___________________2. Otherwise known as the Anti- Torture Act of 2009.
___________________3. Rights of a person under custodial investigation.
___________________4. It refers to a person who have suffered harm including mental and physical injury.
___________________5. It is an unlawful and deliberate of killing carried out by or order.
Course Code: CLJ 2 Instructor: Raffy S. Sumatin, Rcrim.

Credit Unit : 3 Units Email Address: [email protected]
Module No. : 4
Duration : 1 week
1. explain the right-based policing;
2. identify the gross of human rights violation; and
3. explain valid warrantless arrest.
II. TOPICS:
1. Rights-Based Policing
2. Gross Human Rights violations (HRV's)
III. REFERENCES:
Humanitarian Law.
IV. COURSE CONTENT:
Rights-Based Policing
Compliance with international human rights standards in policing.
Citizens are the:
CLAIM-HOLDERS- whose rights must be respected and protected by the police.
DUTY-HOLDERS- Police officers are the with obligations to respect, protect and fulfill human
rights.
To respect human rights- avoid interfering with the enjoyment of people's rights
To protect human rights- equal protection to all persons.
To fulfill human rights – implement systems, mechanisms, and procedures that enable people
to claim and enjoy their rights.
SUMMARY
 All of us have human rights
 Our power & authority is from the people
 We must use power and authority to serve & protect people
 To serve and protect is to respect, protect, and fulfill human rights
 Human rights violations are often the result of the wrong perception about human
rights, unprofessional behavior, and competency gaps
 To accomplish our mission, we must practice rights-based policing
a) Professionalism
b) Competency
c) Human rights principles& practices
Gross Human Rights violations (HRV's)
1. Enforced Disappearances (ED)- the disappeared are people who have been taken into
custody by an agent of the State, whose whereabouts are concealed, and whose custody
is denied.
2. Extra-Judicial killings (EJK)- are unlawful and deliberate killings, carried out by order
of a government or with its complicity (accomplice) or acquiescence (acceptance)
3. Torture- extreme/severe pain through physical or psychological means to elicit
information, etc.
These 3 cases are very serious crimes committed by government workers such cases require
prompt, thorough, and impartial investigation officers, and personnel commit HRV because
of:
 Incorrect use of unlawful military authority or power
 Abuse of military authority or power
All acts of violence perpetrated by the State in the name of national security or the war on
terrorism, which violate international human rights law, are in fact, terrorist acts themselves.
Police/ Military may commit HRV:

 Unlawful, unnecessary, or disproportionate use of force (authority & obligation)
 Arbitrary arrest or detention (contain elements of injustice, irregular, unreasonable,
and disproportionate.
 Torture or other cruel, inhuman, or degrading treatment or punishment
 Enforced disappearance
 Summary execution or extrajudicial killing
Common causes for popular dissatisfaction:
 Selective enforcement of the Law

 Rude behavior, abusive language & contempt towards HR
 Ignorance of the Law of Human rights, or deliberately disregards them in matters of
arrest, interrogation, searching detention
 Differential attitudes depending on social-cultural status, economic power & political
influence of people
 Violation of the Law and getting away with impunity
 Lack of accountability in protection of life and property
 Insensitive towards victims of violent crimes. Sometimes behaving rudely with victims
 Human rights as the antithesis to effective military enforcement blame the Law,
lawyers, and courts for their inefficiency
 Corruption
 Search as incidental to a lawful arrest
 A search of moving vehicle (search based on the probable cause) search warrant is
required for the search of dwelling house
 Seizure of evidence in plain view
 Waiver of right
 Armed conflict (wartime)
 Conduct of" A real target zone" and "Saturation drives"
 Checkpoints (requisite) abnormal times limited to visual search vehicle not searched
passengers not subjected to body search
 Stop and frisk – limited protective search
 Prevailing general chaos and disorder because of an ongoing coup.
Note on checkpoints: a vehicle is neither searched nor its occupants subjected to body search
and inspection of the vehicle is limited to visual search it is valid to search:
Valid warrantless arrest:
 Caught in the act

 Investigation on personal knowledge
 Escaped detention/ sentenced prisoner (escapee)
 Waiver of invalid arrest
 Hot pursuit (continuous and no supervening event)
 Stop and frisk
The Duty to Investigate:
 Responsibility of military officials to investigate HRV's committed by public officials

 All HRV investigation must be carried out promptly (immediate), thoroughly (complete),
and impartially (unbiased)
 The act of one military officer or personnel can discredit the AFP organization
 Military officers must be held accountable for their acts, including those that are
unlawful and or arbitrary
Name: ______________________________________________ Year/Sec.: __________________
Subject: _____________________________________________Module#: _____________________
V. ACTIVITY:
office to submit a hard copy or via Gmail for the softcopy submission. Use this sheet for this activity.
1. In what way does valid warrantless arrest become valid? Explain.
2. In your view, what is rights-based policing? Explain.
3. When do human rights violations is applied? Explain and cite an example.
VI. EVALUATION:
Identification:
Instruction: Read and understand each item carefully. Write your answer in the space provided
before the number.
_________________1. It refers to the extreme/severe pain through physical or psychological means to

elicit information.
_________________2. It refers to personnel who can discredit the organization.
_________________3. It refers to the limited protective search.
_________________4. An unlawful and deliberate killing of a person.
_________________5. Responsibility of military officials to investigate human rights violation committed

by ________.

CJL 2 - Human Rights Education

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Criminology Department

Human Rights Education (CLJ2)

Course Code: CLJ 2 Instructor: Raffy S. Sumatin, RCrim.

IV. COURSE CONTENT:

A CONCISE HISTORY OF HUMAN RIGHTS

The Spread of Human Rights

The Magna Carta (1215)

Petition of Right (1628)

United States Declaration of Independence (1776)

In 1776, Thomas Jefferson penned the American Declaration of Independence. On July

Declaration of the Rights of Man and the Citizen (1789)

The First Geneva Convention (1864)

The United Nations (1945)

The Universal Declaration of Human Rights (1948)

1. What is the first world-recognized charter of human rights? Explain.

5|Page Understanding Human Rights and International Humanitarian Law

Course Code: CLJ 2 Instructor: Raffy S. Sumatin, Rcrim

IV. COURSE CONTENT:

HUMAN RIGHTS DEFINITION

What are human rights

6|Page Understanding Human Rights and International Humanitarian Law

Human Rights are the birthright

Understanding Human Rights

Commission on Human Rights definition:

Classification of Human Rights

According to the source:

 Natural or Moral Rights – God-given rights, acknowledged morally good.

According to an aspect of life:

Civil and Political Rights are guaranteed against government abuse.

7|Page Understanding Human Rights and International Humanitarian Law

 Economic, Social, and Cultural Rights- are people's rights to self-determination,

 Derogable or Relative Rights- maybe suspended or restricted or limited depending on

State Obligation to Human Rights:

Human Rights Enforcement means responsive, representative, and accountable

Tasks and Duties of Military and Security forces:

Basic principles of Human rights

8|Page Understanding Human Rights and International Humanitarian Law

SOURCES OF HUMAN RIGHTS

International Bill of human rights

Subsequent International human rights documents

Relevant human rights provisions of the 1987 Constitution

According to Struggle and Recognition

Three Conditions to Justify the suspension/limitation of human rights

9|Page Understanding Human Rights and International Humanitarian Law

1. Why are human rights important?

Course Code: CLJ 2 Instructor: Raffy S. Sumatin, Rcrim

IV. COURSE CONTENT:

- Always and only an instrument of the

- Seek the people welfare

Importance of Human Rights to Law Enforcement

Root causes of human rights violations.

Law Enforcement Gap Mission Accomplishment

Law Enforcement arrest/conviction of criminals Mission

Law Enforcement unprofessional behavior mission accomplishment

"NOT JUST A SET OF APPEARANCE NOR JUST TECHNICAL SKILL"

 Perform duty under the Law

Ten International Human Rights standards for law enforcement

Basic Standard 10:

1. How does law enforcement avoid Human Rights violations? Explain