lOMoARcPSD|37051490

CRIMINAL LAW AND JURISPRUDENCE 2 HUMAN Christianity teaches – “In everything, do to others just
RIGHTS EDUCATION what you want them to do for you”.

Human Rights as Birthright

 Those rights which are inherent in our nature and
Introduction
without which we cannot live as human beings.
Democracy is a valued principle, so much so that  Abuse of rights can cause conflicts.
some people have sacrificed their lives for it. While no  The roots of internal conflict are due to the denial
system is perfect, it seems that democracy is once again of human rights. Classification of Human Rights
under assault. What are the challenges posed in a
democratic system and are established safeguards helping According to Source:
to strengthen democracy or are their forces successfully
weakening it? 1. Natural or Moral Rights – God given rights,
acknowledged morally good.
Human rights in the Philippines pertains to the 2. Legal rights
concept, practice, and issues of human rights within the Constitutional rights – Guaranteed in bill of rights
Philippine archipelago. The concept of “Human Rights”, in of the Constitution.
the context of the Philippines, pertains mainly (but is not Statutory rights – Rights promulgated by
limited to) to the following: legislative body.
1. to the civil and political rights of a person
2. living in the Philippines by reason of the 1987 Philippine According to Aspect of Life:
Constitution.
1. Civil Rights – Rights the law will enforce at
Human rights are a justified set of claims that set instance of private individuals for purpose of securing to
moral standards to members of the human race, not them the enjoyment of happiness. Civil rights guarantee
exclusive to a specific community or citizenship. people from abuses of State agents in the exercise of the
Membership in the human race is the sole qualification to state’s three (3) inherent powers (police power, power of
obtain these right. Human rights, unlike area-specific imminent domain and power of taxation).
conventions of international laws (ex. European
Convention on Human Rights and International Covenant 2. Political Rights – Are those rights which enable
on Civil and Political Rights and on Economic, Social and us to participate in running the affairs of the government
Cultural Rights), are universally justifiable as it pertains to either directly or indirectly.
the entire human race, regardless of geographical location - Civil and Political rights are guarantees against
(Dela Cruz, Florendo). government abuse.

LESSON 1: CONCEPTS AND PRINCIPLES OF HUMAN 3. Justifiable rights – Immediately enforced once
RIGHTS violated. Called negative rights because State is refrained
from violating them.
“Human rights as those rights which are inherent in
our nature and without which we cannot live as 4. Economic, Social and Cultural Rights – Rights
human beings” of people to self-determination, to pursue economic, social
-United Nations and cultural development and financial security. Ensure a
life dignity. Called positive rights – State expected to take
Human dignity plays a special part of the provision of our effective measures to fulfill them. Referred as
preamble in the 1987 Constitution. The state values the programmable rights – depends upon resources and
dignity of every human person and guarantees full respect political will of the state.
for human rights.
According to Derogability:
The Congress shall give highest priority to the enactment
of measures that protect and enhance the right of all the 1. Non-derogable or Absolute rights – Rights that
people to human dignity, reduce social, economic and cannot be suspended nor taken away nor restricted or
political inequalities, and remove cultural inequalities by limited even in extreme emergency and even if
equitably diffusing wealth and political power for the government invoke national security.
common good (Sec. 11, Art. II, Phil. Constitution). 2. Derogable or Relative rights – Maybe
suspended or restricted or limited depending on
What is Human Rights? circumstances-for preservation of social life.

Human rights may be defined as the Supreme, State Obligations to Human Rights:
Inherent and Inalienable rights to life, to dignity, and to
selfdevelopment. It is the essence of these rights that 1. Obligation to RESPECT – Requires the state and
makes human. Human rights are fundamental freedoms all its organs and agents to abstain from doing anything
which are necessary and indispensable in order to enable that violates the integrity of individual or fringes on his/her
every member of the human race to live a life to dignity. freedom.
2. Obligation to PROTECT – Requires the state and
Other definitions: its agents – the measures necessary to prevent other
individuals or groups from violating the integrity, freedom
 It is a difficult thing to stand up for what you of action, or the human rights of the individual.
believe in. 3. Obligation to FULFILL – Requires the state to
 Those basic standards without which people take measures to ensure for each person within its
cannot live in dignity as human beings. jurisdiction opportunities to obtain satisfaction of those
 It is the foundation of freedom, justice and peace. needs, recognized in the human rights instruments, which
cannot be secured by personal efforts.
Confucian – “Thou shall not do to others, what you do not
want others do unto you”. Questions of Legality, Necessity and Proportionality
using any military power or authority:
Islam Advocates – “No one of you is a believer, until he 1. Does the power or authority used in a
desires for his brother, that which he desires for himself”. particularsituation have its basis in national law?
2. Is the exercise of that particular power or
authoritystrictly
1
Downloaded by Joyjoy Hong ([email protected])
 lOMoARcPSD|37051490

necessary, given the circumstances of the respective The Magna Carta (1215)
situation?
3. Is the power or authority used in proportion to Magna Carta or “Great Charter”, signed by the
theseriousness of the offense and the legitimate military King of England in 1215, was a turning point in human
objective to be achieved? rights.
The Magna Carta was arguably the most
Basic Principles of Human Rights significant early influence on the extensive historical
process that led to the rule of constitutional law today in
Human rights are inherent. Human rights are the English-speaking world.
birthrights. They belong to the individual person for reason In 1215, after King John of England violated a
that he or she is a human being. number of ancient laws and customs by which England
had been governed, his subjects forced him to sign the
 Fundamental – Without human rights, a person’s Magna Carta, which enumerates what later came to be
life and dignity would be worthless and thought of as human rights. Among them was the right of
meaningless. the church to be free from governmental interference, the
 It is Inalienable – As such they cannot be rights of all free citizens to own and inherit properties and
stripped or rightfully taken away from any free to be protected from excessive taxes. It established the
human person. right of widows who owned property to choose not to
 It is Imprescriptible – Human rights are not lost remarry, and established principles of due process and
by mere passage of time. Human rights do not equality before the law. It also contained provisions
prescribe even if he fails to use or was prevented forbidding bribery and official misconduct.
from asserting them. Human rights are indivisible,
interrelated. The indivisibility of human rights is a Widely viewed as one of the most important legal
manifestation that a person cannot be denied or documents in the development of modern democracy, the
deprived of his/her human rights, notwithstanding Magna Carta was a crucial turning point in the struggle to
that he or she has already enjoyed, or is already establish freedom.
enjoying other rights. Human rights are not piece
of meal rights and freedoms, hence, not capable Petition of Right (1628)
of being divided.
 It is Universal – Human rights are endowed In 1628 the English Parliament sent his statement
every human being from the moment of birth, of civil liberties to King Charles I.
without distinction or irrespective of origin, sex,
race, creed, political color, status or condition in The next recorded milestone in the development of
life. human rights was the Petition of Right, produced in 1628
 It is Interdependent – The fulfilment, enjoyment by the English Parliament and sent to Charles I as a
or exercise of a particular right cannot be attained statement of civil liberties. Refusal by Parliament to finance
without the realization of the other rights. the King’s unpopular foreign policy had caused his
government to exact forced loans and to quarter troops in
 Equality – Even the law of nature made manifest
subject’s houses as an economy measure. Arbitrary arrest
this basic principle by the fact that all human
and imprisonment for opposing these policies had
beings, male or female, are born naked and
produced in Parliament violent hostility to Charles and to
helpless.
George Villiers, the Duke of Buckingham. The Petition of
HISTORY OF HUMAN RIGHTS Right, initiated by Sir Edward Coke, was based upon
earlier statutes and charters and asserted four principles:
Cyrus the Great, the first king of Persia, freed the slaves of (1) No taxes may be levied without consent of Parliament,
Babylon, 539 B.C. (2) No subject may be imprisoned without cause shown
(reaffirmation of the right of habeas corpus), (3) No
In 539 B.C., the armies of Cyrus the Great, the first soldiers may be quartered upon the citizenry, and (4)
king of ancient Persia, conquered the city of Babylon. But it Martial Law may not be used in time of peace.
was his next actions that marked a major advance for man.
He freed the slaves, declared that all people had the right United States Declaration of Independence (1776)
to choose their own religion, and established racial
equality. These and other decrees were recorded on a In 1776, Thomas Jefferson penned the American
baked-clay cylinder in the Akkadian language with Declaration of Independence.
cuneiform script.
On July 4, 1776, the United States Congress
Known today as the Cyrus Cylinder, this ancient approved the Declaration of Independence. Its primary
record has now been recognized as the world’s first charter author, Thomas Jefferson, wrote the declaration as a
of human rights. It is translated into all six official formal explanation of why Congress had voted on July 02
languages of the United Nations and its provisions parallel to declare independence from Great Britain, more than a
the first four Articles of the Universal Declaration on year after the outbreak of the American Revolutionary War,
Human Rights. and as a statement announcing that the thirteen American
Colonies were no longer part of the British Empire.
The Spread of Human Rights Congress issued the Declaration of Independence in
several forms. It was initially published as a printed
From Babylon, the idea of human rights spread broadsheet that was widely distributed and read to the
quickly to India, Greece and eventually Rome. There the public.
concept of “natural law” arose, in observation of the fact
Philosophically, the Declaration stressed two
that people tended to follow certain unwritten laws in the
themes: (1) Individual rights, and (2) Right of Revolution.
course of life, and Roman law was based on rational ideas
These ideas became widely held by Americans and spread
derived from the nature of things.
internationally as well, influencing in particular the French
Revolution.
Documents asserting individual rights, such as the
Magna Carta (1215), the Petition of Right (1628), the US The Constitution of the United States of America
Constitution (1787), the French Declaration of the Rights of (1787) and Bill of Rights (1791)
Man and of the Citizen (1789), and the US Bill of Rights
(1791) are the written precursors to many of today’s The Bill of Rights of the US Constitution protects
human rights documents. basic freedoms of the United States citizens.

2
Downloaded by Joyjoy Hong ([email protected])
 lOMoARcPSD|37051490

Written during the summer of 1787 in Philadelphia, were still battling entrenched Japanese force on such
the Constitution of the United States of America is the islands as Okinawa.
fundamental law of the US federal system of government
and the landmark document of the Western world. It is the On April 1945, delegates from fifty countries met in
oldest written national constitution in use and defines the San Francisco full of optimism and hope. The goal of the
principal organs of government and their jurisdictions and UN Conference on International Organization was to
the basic rights of citizens. fashion an international body to promote peace and
prevent future wars. The ideals of the organization were
The Bill of Rights protects freedom of speech, stated in the preamble to its proposed charter: “We the
freedom of religion, the right to keep and bear arms, the peoples of the United Nations are determined to save
freedom of assembly and the freedom of petition. It also succeeding generations from the scourge of war, which
prohibits unreasonable search and seizure, cruel and twice in our lifetime has brought untold sorrow to
unusual punishment and compelled self-incrimination. mankind.”
Among the legal protections it affords, the Bill of Rights
prohibits Congress from making any law respecting The Charter of the new UN organization went into
establishment of religion and prohibits the federal effect on October 24, 1945, a date that is celebrated each
government from depriving any persons’ life, liberty and year as United Nations’ Day.
property without due process of law. In federal criminal
cases it requires indictment by a grand jury for any capital
offense, or infamous crime, guarantees a speedy public
LESSON 2: FREEDOM AND HUMAN RIGHTS
trial with an impartial jury in the district in which the crime
occurred, and prohibits double jeopardy.
Freedom VS. Human Rights
Declaration of the Rights of Man and of the Citizen
Rights and the term freedom appear at various
(1789)
places in constitutions around the world. In fact, Freedom
In 1789, the people of France brought about the is one of the core concepts of the American constitution
abolishment of the absolute monarchy and set the stage (and the Philippines as well). Frequently, the terms are
for the establishment of the first French Republic. Just six interchangeable. In most scenarios, they mean the same
weeks after the storming of the Bastille, and barely three thing. In fact, taking away someone’s right means taking
(3) weeks after the abolition of Feudalism. The Declaration away their freedom as well. The main difference between a
of the rights of Man and of the Citizen (French: La right and freedom is a right is an entitlement of a given
Declaration des Droits de I’Homme et du Citoyen) was thing. For example, a person working at a job has a right to
adopted by the National Constituent Assembly as the first receive their salary as per the contract. However, freedom
step toward writing a constitution for the Republic of refers to the state in which a government cannot restrict a
France. person from performing a certain activity. However, this
activity has to be within the bounds of the law.
The declaration proclaims that all the citizens are
to be guaranteed the rights of “liberty, property, security Parameters ofRIGHTS FREEDOM comparison
and resistance to oppression.” It argues that the need for A person or A person or governing
law derives from the fact that “…the exercise of the natural body governing body cannot violate
rights of each man has only those boarders which assure can take away
other members of the society the enjoyment of these same Restrictions the rights of person’s another person
rights.” Thus, the Declaration sees law as an “expression freedom to carry without facing out
of the general will, intended to promote this equality of an activity.
rights and to forbid only actions harmful to the society.” legal
consequences.
The First Geneva Convention Society is legally The advantage
obliged to of freedom is
The original document from the first Geneva Advantages uphold the rights that one can be of its
Convention in 1864 provided for care to wounded soldiers. people. an independent This
decreases individual.
In 1864, sixteen European countries and several events of
American states attended a conference in Geneva, at the injustice
invitation of the Swiss Federal Council, on the initiative of that occur.
the Geneva Committee. The Diplomatic conference was Rights may Freedom can be come at
held for the purpose of adopting a convention for the different taken away or
treatment of wounded soldiers in combat. Duration times. The rights given to a a
person someone at any
The main principles laid down in the Convention receives also time. It
and maintained by the later Geneva Conventions provided is not differ from other
for the obligation to extend care without discrimination to permanent like a people.
wounded and sick military personnel and respect for and right.
marking of medical personnel transports and equipment A person A
with the distinctive sign of the Red Cross on a white person receives legal receives certain Method
of rights only after freedoms at birth
background.
Receiving becoming a itself.
The United Nations (UN) This citizen or
implies that it is performing
Fifty nations met in San Francisco in 1945 and a an innate notion. certain
duty.
formed the United Nations to protect and promote peace.

World War II had rage from 1939 to 1945, and as What are Rights?
the end drew near, cities throughout Europe and Asia lay in
A right is an entitlement that one receives when
smoldering ruins. Millions of people were dead, millions
one becomes part of society. Human can get different
more homeless or starving. Russian forces were closing in
types of rights throughout their lives depending on various
on the remnants of German resistance in Germany’s
factors. A few factors are:
bombed-out capital of Berlin. In the Pacific, US Marines
▪ Age
▪ Nationality
3
Downloaded by Joyjoy Hong ([email protected])
 lOMoARcPSD|37051490

▪ Occupation Non - State Actors

▪ Education Under traditional approaches to Human Rights,
Non-State actors are beyond the direct reach of
international human rights law. They cannot be parties to
A right can be given based on the economic, social and the relevant treatise and so they are only bound to the
political standing of an individual. A country confers extent that obligations accepted by states can be applied
national rights to a citizen. These rights are a core to them by governments. The result is that entities
component of a country’s constitution. A few common including non-governmental organizations, international
rights that are given to a citizen by their government is: organizations such as the UN, private security contractors,
▪ Right to Education and transnational corporations, along with many others,
▪ Right to freedom of Thought are generally considered not to be bound directly by
▪ Right to freedom of Religion human rights law.
▪ Right to Life
LESSON 3: UNIVERSAL DECLARATION ON HUMAN
▪ Right to freedom of Movement
RIGHTS
▪ Right to freedom of
Expression On October 24, 1945, in the aftermath of World
An individual receives rights because they are human. War II, the UN came into being as an intergovernmental
These are known as human rights. Human rights were the organization, with the purpose of saving future generations
creation of the United Nations. The meeting wherein the from the devastation of international conflict.
outline of Human Rights was given under the guidance of
Eleanor Roosevelt. Human rights include: UN representatives from all regions of the world
formally adopted the Universal Declaration of Human
▪ Right to freedom of life Rights on December 10, 1948.
▪ Right against slavery
▪ Right against inhuman treatment and torture The Charter of the UN established six principal
▪ Right to equality bodies, including the general assembly, the Security
▪ Right to a fair trial and many more. Council, the International Court of Justice, and in relation
to human rights, an Economic and Social Council
What is Freedom? (ECOSOC).

Freedom is a state of being where a person can The UN Charter empowered ECOSOC to establish
carry out different activities without interference from other “commissions in economic and social fields and for the
individuals or authority. This is an emotional entity. It is also promotion of human rights…” One of these was the United
objective. This means that the term freedom can mean Nations Human Rights Commission, which, under the
different things for different people. People can have a chairmanship of Eleanor Roosevelt, saw to the creation of
different perception of freedom depending on different the UDHR.
factors. They are:
The Declaration was drafted by representatives of
▪ Upbringing all regions of the world and encompassed all legal
▪ Education traditions. Formally adopted by the UN on December 10,
▪ Location 1948, it is the most universal human rights documents in
existence, delineating the thirty fundamental rights that
▪ Occupation
form the basis for a democratic society.
▪ Race
Following the historic act, the Assembly called
Freedom is a product of rights. This means that a person upon all member countries to publicize the next of the
can receive freedom only when he or she has been given declaration and “to cause it to be disseminated, displayed,
rights. read and expounded principally in schools and other
educational institutions, without distinction based on the
Freedom is also an essential component of human society.
political status of countries or territories.”
Freedom allows one to live a happier and a healthier life. It
is a requirement for one to express themselves.
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
Main Difference Between Rights and Freedom
Guinness Book of World Records, it is the most translated
▪ A right has a legal binding. It is a privilege that a
document in the world.
country or an institution gives to an individual for
being a part of it. Freedom is a state of being. The UDHR has inspired a number of other human
▪ A right is an objective. However, Freedom is rights laws and treatise throughout the world.
subjective. It differs from person to person.
▪ A right is an important component of the constitution. Structure and Content
A person receives at different times. Freedom is
given to a person at the time of their birth. The underlying structure of the Universal Declaration was
▪ A right cannot be taken away from a person influenced by the Code of Napoleon, including a preamble
unlawfully. However, Freedom can be taken away and introductory general principles. Its final structure took
unlawfully as well as lawfully. form in the second draft prepared by French jurist Rene
Cassin, who worked on the initial draft prepared by
POLICE POWER Canadian legal scholar John Peters Humphrey.

It is the capacity of the states to regulate behavior The Declaration consists of the following:
and enforce order within their territory for the betterment of ▪ The preamble sets out the historical and social
the health, safety, morals and general welfare of their causes that led to the necessity of drafting
inhabitants. Police power is defined in each jurisdiction by Declaration.
the legislative body, which determines the public purposes ▪ Articles 1-2 establish the basic concepts of dignity,
the need to be served by legislation. liberty and equality.
▪ Articles 3-5 establish other individual rights, such
STATE AND NON-STATE ACTORS ON HUMAN RIGHTS
as the right to life and the prohibition of slavery
and torture.

4
Downloaded by Joyjoy Hong ([email protected])
 lOMoARcPSD|37051490

▪ Articles 6-11 refers to the fundamental legality of Section 4: No law shall be passed abridging the freedom
human rights with specific remedies cited for their of speech, of expression, or of the press, or the right of the
difference when violated. people peaceably to assemble the petition the government
▪ Articles 12-17 set forth the rights of the individual for redress of grievances.
towards the community, including freedom of
movement and residence within each state, the Section 5: No law shall be made respecting an
right of property and the right to a nationality. establishment of religion, or prohibiting the free exercise
▪ Articles 18-21 sanction to the so-called thereof. The free exercise and enjoyment of religious
“constitutional liberties” and spiritual, public, and profession and worship, without discrimination and
preference, shall forever be allowed. No religious test shall
political freedoms, such as freedom of thought,
be required for the exercise of civil or political rights.
opinion, expression, religion and conscience,
word, peaceful association of the individual, and Section 6: the liberty of abode and of changing the same
receiving and imparting information and ideas within the limits prescribed by law shall not be impaired
through any media. except upon lawful order of the court. Neither shall the
▪ Articles 22-27 sanction an individual’s economic, right to travel be impaired except in the interest of national
social and cultural rights, including healthcare. It security, public safety, or public health, as may be provided
upholds an expansive right to an standard of by law.
living, provides for additional accommodations in
case of physical debilitation or disability, and Section 7: The right of the people to information on
makes special mention of care given to those in matters of public concern shall be recognized. Access to
motherhood or childhood. official records, and to documents and papers pertaining to
▪ Articles 28-30 establish the general means of official acts, transactions, or decisions, as well as to
exercising these rights, the areas in which the government research data used as basis for policy
rights of the individual cannot be applied, the duty development, shall be afforded the citizen, subject to such
of the individual to society, and the prohibition of limitations as may be provided by law.
the use of rights in contravention of the purposes
of the United Nations Organization. Section 8: The right of the people, including those
employed in the private and public sectors, to form unions,
History Associations, or societies for purposes not contrary to law
shall not be abridged.
During World War II, the Allies (formally known as
the United Nations) adopted as their basic war aims the Section 9: Private property shall not be taken for public
four freedoms: Freedom of Speech, Freedom of Religion, use without just compensation.
Freedom from Fear and Freedom from Want. Towards the
end of the war, the United Nations Charter was debated, Section 10: No law impairing the obligation of contracts
drafted, and ratified to reaffirm “faith in fundamental human shall be passed.
rights, and dignity and worth of the human person” and
commit all member states to promote universal respect for, Section 11: Free access to the courts and quasi – judicial
and observance of human rights and fundamental bodies and adequate legal assistance shall not be denied
freedoms for all without distinction as to race, sex, to any person by reason of poverty.
language or religion. When the atrocities committed by
Section 12: (1) Any person under investigation for the
Nazi Germany became fully apparent after the war, the
commission of an offenses hall have the right to be
consensus within the world community was that the UN
informed of his right to remain silent and to have
charter did not sufficiently define the rights to which it
competent and independent counsel preferably of his own
referred. It was deemed necessary to create a universal
choice. If the person cannot afford the services of counsel,
declaration that specified the rights of individuals so as to
he must be provided with one. These rights cannot be
give effect to the Charter’s provisions on human rights.
waived except in writing and in the presence of counsel.
Bill of Rights and Constitutional Rights of the (2) No torture, force, violence, threat,
Philippines intimidation, or any other means which vitiate the free-will
shall be used against him. Secret detention places,
Bill of rights is located in Article III of the 1987 solitary, incommunicado, or other similar forms of
detention are prohibited.
Philippine Constitution. The rights were discussed in the
(3) Any confession or admission obtained in
following:
violation of this or Section 17 hereof shall be inadmissible
Section 1: No person shall be deprived of life, liberty and as evidence against him.
property without due process of law, nor shall any person (4) The law shall provide for penal and civil
be denied for the equal protection of the laws. sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or
Section 2: The right of the people to be secured in their similar practices, and their families.
persons, houses, papers and other effects against
unreasonable searches and seizures of whatever nature Section 13: All persons, except those charged with
and for any purpose shall be inviolable, and no search offenses punishable by Reclusion Perpetua when
warrant or warrant of arrest shall issue except upon evidence of guilt is strong, shall, before conviction, be
probable cause to be determined personally by the judge bailable by sufficient sureties, or be released on
after examination under oath or affirmation of the recognizance as may be provided by law. The right to bail
complainant and the witnesses he may produce, and shall not be impaired even when the privilege of the writ of
particularly describing the place to be searched and things habeas corpus is suspended. Excessive bail shall not be
to be seized. required.

Section 3: (1) The privacy of communication and Section 14: (1) No person shall be held to answer for a
correspondence shall be inviolable except upon lawful criminal offense without due process of law.
order of the court, or when public safety or order requires (2) In all criminal prosecutions, the accused shall
otherwise, as prescribed by law. be presumed innocent until the contrary is proved, and
(2) Any evidence obtained in violation of this or the shall enjoy the right to be heard by himself and counsel, to
preceding section shall be inadmissible for any purpose in be informed of the nature and cause of the accusation
any proceeding. 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
5
Downloaded by Joyjoy Hong ([email protected])
 lOMoARcPSD|37051490

attendance of witnesses and the production of evidence in examination. His silence shall not in any manner
his behalf. However, after arraignment, trial may proceed prejudice him.
notwithstanding the absence of the accused provided that
he has been duly notified and his failure to appear is (e) To be exempt from being compelled to be a
unjustifiable. witnessagainst himself.

Section 15: The privilege of the writ of habeas corpus (f) To confront and cross-examine the witnesses
shall not be suspended except in cases of invasion or againsthim at the trial. Either party may utilize as part
rebellion when the public safety requires it. of its evidence the testimony of a witness who is
deceased, out of or cannot with with due diligence be
Section 16: All persons shall have the right to a speedy found in the Philippines, unavailable or otherwise
disposition of their cases before all judicial, quasi-judicial, unable to testify, given in another case or proceeding,
or administrative bodies. judicial or administrative, involving the same parties
and subject matter, the adverse party having the
Section 17: No person shall be compelled to be a witness opportunity to crossexamine him.
against him.
(g) To have compulsory process issued to secure
Section 18: (1) No person shall be detained solely by theattendance of witnesses and production of other
reason of his political beliefs and aspirations. evidence in his behalf.
(2) No involuntary servitude in any form shall exist
except as a punishment for a crime whereof the party shall (h) To have speedy, impartial and public trial.
have been duly convicted.
(i) To appeal in all cases allowed and in the
Section 19: (1) Excessive fines shall not be imposed, nor mannerprescribed by law.
cruel, degrading or inhuman punishment inflicted. Neither
shall the death penalty be imposed, unless, for compelling Republic Act No. 8371 – An Act to Recognize, Protect
reasons involving heinous crimes, the Congress hereafter and Promote the Rights of Indigenous Cultural
provides for it. Any death penalty already imposed shall be Communities/Indigenous Peoples, Creating a National
reduced to reclusion perpetua. Commission on Indigenous Peoples, Establishing,
Implementing Mechanisms, Appropriating Funds
(2) The employment of physical, psychological or Therefor, and for Other Purposes (Long title)
degrading punishment against any prisoner or detainee or
the use of substandard or inadequate penal facilities under - It is also known as “The Indigenous People’s Rights
subhuman conditions shall be dealt with by law. Act of 1997”. (Short title)

Section 20: No person shall be imprisoned for debt or Section 2. (c) The state shall recognize, respect and
non-payment of a poll tax. protect the rights of Indigenous Cultural
Communities/Indigenous Peoples (ICCs/IPs) to preserve
Section 21: No person shall be twice put in jeopardy of and develop their cultures, traditions and institutions. It
punishment for the same offense. If an act is punished by shall consider these rights in the formulation of national
a law and an ordinance, conviction or acquittal under laws and policies.
either shall constitute a bar to another prosecution of the (d) The state shall guarantee that member of
same act. the ICCs/IPs regardless of sex, shall equally enjoy the full
measure of human rights and freedoms without distinction
Section 22: No ex post facto law or bill of attainder shall or discrimination.
be enacted.
(e) The state shall take measures, with the
RIGHTS OF AN ACCUSED (Rule 115, Revised Rules of participation of the ICCs/IPs concerned, to protect their
Court) rights and guarantee respect for their cultural integrity, and
to ensure that members of the ICCs/IPs benefit on equal
Section 1: Rights of an accused at the trial. – In all footing from the rights and opportunities which national
criminal prosecutions, the accused shall be entitled to the laws and regulations grant to other members of the
following rights: population..

(a) To be presumed innocent until the contrary is Section 7. Rights to Ancestral Domains. – The rights of
provedbeyond reasonable doubt. ownership and possession of ICCs/IPs to their ancestral
domains shall be recognized and protected. Such rights
(b) To be informed of the nature and cause of shall include:
theaccusations against him.
a. Right of Ownership – The right to claim
(c) To be present and defend in person and by counsel ownership over lands, bodies of water traditionally and
atevery stage of the proceedings, from arraignment to actually occupied by ICCs/IPs, sacred places, traditional
promulgation of the judgment, the accused may, hunting and fishing grounds, and all improvements made
however, waive his presence at the trial pursuant to the by them at any time within the domains;
stipulations set forth, unless his presence is specifically
ordered by the court for purposes of identification. The b. Right to Develop Lands and Natural Resources
absence of the accused without justifiable cause at the –Right to develop, control and use lands and territories
trial which he had noticed shall be considered a waiver traditionally occupied, owned, or used…
of his right to be present thereat. When an accused
under custody escapes, he shall be deemed to have c. Right to Stay in the Territories – The right to
waived his right to be present on all subsequent trial stay in the territory and not to be removed therefrom. No
dates until custody over him is regained. Upon motion, ICCs/IPS will be relocated without their free and prior
the accused may be allowed to defend himself in informed consent, nor through any means other than
person when it is sufficiently appear to the court that he eminent domain.
can properly protect his rights without the assistance of
counsel. d. Right in Case of Displacement – In case
displacement occurs as a result of natural catastrophes,
(d) To testify as a witness in his own behalf but subject the State shall endeavor to resettle the displaced ICCs/IPs
tocross-examination on matters covered by direct in suitable areas where they can have temporary life
support systems.
6
Downloaded by Joyjoy Hong ([email protected])
 lOMoARcPSD|37051490

e. Right to Regulate Entry of Migrants f. right to Safe Assembly, and approving any changes to the UN charter.
and Clean Air and Water Its powers include establishing peacekeeping operations,
enacting international sanctions, and authorizing military
g. Right to Claim Parts of Reservations – The right action. The UNSC is the only UN body with the authority to
to claim parts of ancestral domains which have been issue binding resolutions on member states.
reserved for various purposes, except those reserved and
intended for common public welfare and service. ECONOMIC AND SOCIAL COUNCIL (ECOSOC)
French: Conseil Economique et Social Des Nations Unies
h. Right to Resolve Conflict – Right to resolve land (CESNU)
conflicts in accordance with customary laws of the area
where the land is located. It is one of the six principal organs of the United
Nations, responsible for coordinating the economic and
Section 8. Rights to Ancestral Lands. – The right of social fields of the organization, specifically in regards to
ownership and possession of the ICCs/IPs to their the fifteen specialized agencies, the eight functional
ancestral lands shall be recognized and protected. commissions and the five regional commissions under its
jurisdictions.
a. Right to transfer land/property – Such right shall ECOSOC serves as the central forum for
include the right to transfer land or property rights discussing international economic and social issues and
to/among members of the same ICCs/IPs. formulating policy recommendation addressed to member
states and the United Nations system.
b. Right to Redemption - In cases where it is The council consists of 54 Member States, which
shown that the transfer of land or property rights by virtue are elected yearly by the General Assembly for
of any agreement or advise, to a non – member of the overlapping three-year terms. The President of the council
concerned ICCs/IPs is tainted by the vitiated consent of is elected for a one-year term and chosen from the small
the ICCs/IPs. or medium sized states represented on the council at the
beginning of each new session.

LESSON 3: UNITED NATIONS and INTERNATIONAL UN TRUSTEESHIP COUNCIL (UNTC)

HUMANITARIAN LAW French: Conseil de tutelle des Nations unies

United Nations Established to help ensure that trust territories

Is an intergovernmental organization aiming to were administered in the best interests of their inhabitants
maintain international peace and security, develop friendly and of international peace and security. The trust territories
relations among nations, achieve international cooperation, – most of them former mandates of the League of Nations
and be a center for harmonizing the actions of nations. It is or territories taken from nations defeated at the end of
the world’s largest, most familiar, most representative, and World War II – have now all attained self –government or
most powerful international organization. The UN is independence, either as separate nations or by joining
headquartered on international territory in New York City neighboring independent countries.
and has other main offices in Geneva, Nairobi, Vienna and
The Hague. INTERNATIONAL COURT OF JUSTICE (ICJ)
French: Cour Internationale de justice
The UN was established after World War II with
the aim of preventing future wars, succeeding the Sometimes known as World Court. It settles
ineffective League of Nations. On April 25, 1945, 50 disputes between states in accordance with international
governments met in San Francisco for a conference and law and gives advisory opinions on international legal
started drafting the UN charter, which was adopted on issues. The ICJ is the only international court that
June 25, 1945 and took effect on October 24, 1945, when adjudicates general disputes between countries, with its
the UN began operations. Pursuant to the charter, the rulings and opinions serving as primary sources of
organization’s objectives include maintaining international international law.
peace and security, protecting human rights, delivering The ICJ is the successor of the Permanent Court
humanitarian aid, promoting sustainable development, and of International Justice (PCIJ), which was established in
upholding international law. 1920 by the League of Nations. After the second World
Its current Secretary-General is a Portuguese War, both the league and the PCIJ were replaced by the
politician and diplomat Antonio Guterres, who began his UN ICJ, which sets forth its purpose and structure, draws
first five-year term on January 01, 2017 and was reelected heavily from that of its predecessor, whose decisions
on June 08, 2021. remain valid.
The ICJ consists of a panel of 15 judges elected
The UN has six principal organs: the General by the UN General Assembly and Security Council for
Assembly; the Security Council; the Economic and nine-year terms. No more than one nationality may be
Social Council (ECOSOC); the Trusteeship Council; the represented on court at the same time, and judges
International Court of Justice; and the UN Secretariat. collectively must reflect the principal civilizations and legal
systems of the world. Its working languages are English
UN GENERAL ASSEMBLY (UNGA) or (GA)
and French.
Serves as the main deliberative, policy making, UN SECRETARIAT French:
and representative organ of the UN. Its powers, Secretariat des Nations unies
composition, functions and procedures are set out in
Chapter IV of the UN Charter. They are responsible for the It is the UN’s executive arm. The Secretariat has
UN budget, appointing the non-permanent members to the an important role in setting the agenda for the deliberative
Security Council, appointing the Secretary-General of the and decision-making bodies of the UN (GA, ECOSOC and
UN, receiving reports from other parts of the UN system, UNSC), and the implementation of the decision of these
and making recommendations through resolutions. The GA bodies. The Secretary-General, who is appointed by the
is the only UN organ wherein all member states have General Assembly, is the head of the Secretariat.
equal representation.
THE INTERNATIONAL HUMANITARIAN LAW (IHL)
UN SECURITY COUNCIL (UNSC)
It is the international Law of Armed Conflict
Charged with ensuring international peace and (LOAC), with two general objectives and areas of concern
security, recommending the admission of new UN regarding armed conflict:
members to the General
7
Downloaded by Joyjoy Hong ([email protected])
 lOMoARcPSD|37051490

▪ As to protection of its victims (Geneva Law or Red ▪ Red Cross ▪ Red Crescent
Cross Law); and
▪ as to limitation of its methods and means of warfare Although it is an association under Swiss law based in
(Hague Law). Geneva, it has international legal personality in a number
Human rights and humanitarian law are two distinct and of aspects.
yet closely related branches of the international legal
system. In institutions of civil war, too, the ICRC is entitled under
article 3 of the Geneva conventions to offer its services to
Distinction Human Rights Law Humanitarian the warring parties.
Law
Establishes universal The law of armed conflict rights The basic pre-requisite for its work is strict impartially and
that every individual or the law of war: a body should neutrality.
enjoy at all times, of rules which in wartime in both
peace and in war. protect persons who are States are Together with the International Federation of Red Cross
obliged vis-à- not or no longer vis the individual living and Red Crescent Societies, the ICRC and the National
participating in the within their jurisdiction to hostilities Red Cross and Red Crescent Societies from the
and which limit respect and protect these. methods and International Red Cross and Red Crescent Movement.
means of warfare – to make war the least inhumane
Its representatives meet with the representatives of the
possible.
States Parties to the Geneva Conventions at the
Warring parties,
International Red Cross and Red Crescent conferences
traditionally States in
that are usually held every four years.
international conflicts, are to
be observe and comply with
What is International Humanitarian Law?
these rules.
▪ This body of law can be defined as the principles
Concept and rules which limit the use of violence in times
of armed conflict.
▪ Its provisions are intended both to protect people
who are not or no longer taking part in hostilities Essential Rules
as well as to restrict the methods and means used
▪ Neither the parties to the conflict nor members of
to wage war.
their armed forces have an unlimited right to
▪ Its purpose is to limit the suffering war causes by
choose methods and means of warfare. It is
affording victims the maximum possible protection
forbidden to use weapons or methods of warfare
and assistance.
that are likely to cause unnecessary losses or
Scope
excessive suffering.
▪ The greater part of international humanitarian law ▪ The wounded and sick must be collected and cared
applies to situations involving international armed for by the party to the conflict which has them in
conflicts waged between subjects of international its power. Medical personnel and medical
law. establishments, transports and equipment must
▪ While there are only limited rules concerning be spared. The red cross or red crescent on a
noninternational armed conflicts, i,e. Conflicts white background is the distinctive sign indicating
within a country, they, too, are considered of great that such persons and objects must be respected.
importance. ▪ Captured combatants and civilians who find
Key Principles themselves under the authority of the adverse
▪ Underlying all norms in the area of humanitarian party are entitled to respect for their lives, their
international law is the effort to find a balance dignity, their personal rights and their political,
between the conflicting interests of military religious and other convictions. They must be
necessity on the one hand and humanity on the protected against all acts of violence or reprisal.
other. They are entitled to exchange news with their
families and receive aid. They must enjoy basic
This gives rise to the following key principles: judicial guarantees.
▪ Neither the conflicting parties no members of their
armed forces have unlimited freedom in the choice Three (3) main currents
of methods and means with which to wage war.
▪ Hence the use of weapons and methods which inflict 1. The “Law of Geneva”, represented by the
excessive injuries and unnecessary suffering is internationalconventions and protocols established under
forbidden. the aegis of the International Committee of the Red Cross
(ICRC) with the protection of the victims of conflict as their
To protect the civilian objects, these must in all central concern;
circumstances be a clear distinction made between 2. The “Law of The Hague”, based on the results of
civilians and combatants. thepeace conferences in the capital of the Netherlands in
▪ Neither the civilian population as a whole nor 1899 and 1907, which dealt principally with the permissible
individual civilians may be attacked. means and methods of war;
▪ Attacks must be aimed exclusively at military targets. 3. The efforts of the UN to ensure that human rights
arerespected in armed conflicts and to limit the use of
Combatants and civilians in the power of an opposing certain weapons.
party have the right to have their lives and dignity
respected. Commission on Human Rights (CHR) Powers:
▪ Investigative – political and civil
They must be protected from any violence or repressive ▪ Compulsory processes
measures. ▪ Provide legal measures
It is prohibited to kill or injure an adversary who surrenders ▪ Legal aid
or is unable to continue fighting. ▪ Jail and detention center
monitoring
Institutions ▪ Research programs
International Committee of the Red Cross (ICRC). ▪ Government compliance monitoring
Human Rights’ Protection
▪ Investigation and Hearing

8
Downloaded by Joyjoy Hong ([email protected])
 lOMoARcPSD|37051490

Complaints Philippines adopts the generally accepted principles of

▪ Legal aid and counselling international law as part of the law of the land.
▪ Legal research
▪ Assistance to Human Rights Victims 2. Treaty IHL, and the treaty clause of the
Phil.Constitution which provides that no treaty or
▪ Visitorial services
international agreement shall be valid and effective unless
▪ Child rights protection services
(its ratification by the President has been) concurred by in
▪ Special prosecutor system at least two-thirds of all the members of the Senate.
What is Armed Conflict, when does it exist?
3. Implementing legislation and/or administrative
a. Between states, and between states and action –where necessary for implementation, such as with
nationalliberation movements. (International Armed ratified treaty provisions that are not self-executory, usually
Conflict) those requiring the imposition of penal sanctions.
Ex. World War II; between Israel and PLO
b. Between governmental authorities and organized 4. Special agreements on IHL between the
armedgroups. (Non-International Armed Conflict or Philippinegovernment and different rebel groups – are
NIAC) technically not part of the legal system but are similar to
Ex. AFP vs. NPA civil contracts in the sense of being “the law between
c. Between organized armed groups within state. parties.”
(NIAC)Ex. NPA vs. Rebolusyonaryong Hukbong Bayan
5. Unilateral declarations of adherence to IHL by
What are the main kinds of IHL? What is the Philippinerebel groups – are more so technically not part
significance of this? of the legal system but can likewise be invoked with the
rebel groups which issue them.
1. Treaty Law – Treaties, conventions, protocols and
similar international legal instruments – binding on States What are the Fundamental Principles of IHL?
Parties which ratify or accede.
2. Customary Law – Generally accepted principles These are not mere abstract concepts but are of valuable
and rules established by sufficient state practice and legal practical application to various situations in the field.
opinion, which are binding on all, particularly on all parties ▪ Distinction ▪ Proportionality ▪ Limitation ▪ De
(including non-state armed groups) to armed conflicts in Martens Clause
the case of customary IHL.
Principle of Distinction
How does IHL relates to Human Rights (HR)? What are ▪ Most basic principle of IHL which is for the parties to
their distinctions? the conflict to distinguish between combatants and
civilians, and between military objectives and
1. Relations governed civilian objects.
▪ Indiscriminate attacks are those which: (a) are not
HR – Between state and individual, for protection of the
directed at a specific military objective; (b) employ
individual from state power and abuse (recent legal trends
a method of means of combat which cannot be
to cover protection from non-state armed group abuse).
directed at a specific military objective; and (c)
employ a method or means of combat the effects
IHL – Between parties in armed conflict, in between
of which cannot be limited as required by the rules
both/all of them and affected civilians or non-combatants,
of war.
for their protection and, to some extent, also for the
Consequently, the following, are prohibited:
protection of combatants from certain methods and means
Acts or threats of violence, the primary purpose of
(weapons) of warfare.
which is to spread terror among the civilian population
2. Obliged parties (concept of terrorism)

HR – The state, recently also non-state actors IHL ▪ Attacks by bombardment which treats as a single
– Both parties, state or non-state armed group. military objective a number of clearly separated
and distinct military objectives in a city, town,
3. Time applicability village, or other area containing a concentration of
civilians or civilian objects.
HR – At all times, in peace and in war, but some ▪ Indiscriminate attacks are prohibited, and so are the
derogation allowed all times in public emergency. use of weapons which are by nature
indiscriminate. This is the main principle for civilian
IHL – In times of armed conflict, no derogation under any protection.
circumstances therein; some limited application, like
promotion measures, in peace time. Principle of Proportionality
▪ Proper balancing of the conflicting interests between
4. Place applicability military necessity and humanitarian
considerations.
HR – In all places globally ▪ Among several military objectives for obtaining a
similar military advantage, the objective selected
IHL – In areas of armed conflict should be the one where the attack may be
expected to cause the least danger to civilians and
5. Main treaty sources civilian objects.
HR – HR treaties It is prohibited to launch an attack which may be expected
to cause incidental loos of (collateral damage) civilians and
IHL – IHL treaties
civilian objects which would be excessive in relation to the
military advantage anticipated.
How does IHL become part of the Philippine Legal
There must therefore be various precautions in attack as
System?
well as against the effects of attacks.
1. Customary IHL, and the incorporation clause of
The principle of proportionality is also reflected in two
thePhilippine Constitution which provides that the
concepts:

9
Downloaded by Joyjoy Hong ([email protected])
 lOMoARcPSD|37051490

1. Is the prohibition of causing superfluous injury  Mutilation, medical or scientific experiments,

tounnecessary suffering, especially as applied to means or any other medical procedure not
and methods of warfare. indicated by the state of the health of the
2. Is the weighing of not only humanitarian but also person concerned and not consistent with
socioeconomic and (natural) environmental consequences generally accepted medical standards.
visà-vis military utility, much like the weighing of costs and  Rape and other forms of sexual violence
benefits or of ends and means.  Slavery and slave trade in all their forms 
Uncompensated or abusive forced labor
Principle of Limitation  Hostage-taking
 Use of human shields
Basic rule that the right of the parties to the conflict
 Enforced disappearance
to choose methods or means of warfare is not unlimited.
As the saying goes, “Even War Has its Limits.” IHL then  Arbitrary deprivation of liberty
provides both general and specific limitations or restraints.  Collective punishments

Principle of De Martens Clause Basic rules for protection of persons deprived of their
▪ “Fall Back” principle, “in cases not covered by liberty:
the Regulations… the inhabitants and belligerents  They must be provided with adequate food, water,
remain under the protection and the rule of clothing, shelter, and medical attention.
principles of the law of nations, as they result from  Women must be held in quarters separate from
the usages established among civilized peoples, those of men, except where families are
form the laws of humanity, and the dictates of the accommodating as family units, and must be
public conscience.” under the immediate supervision of women.
▪ Note not only civilized usages and sense of  Children must be held in quarters separate from
humanity but also the public conscience (thus, those of adults, except where families are
public opinion to some extent) as guides or “fall accommodating as family units.
backs” in the absence of specific rules.  They must be held in premises which are
Civilians and Combatants removed from the combat zone and which
safeguard their health and hygiene.
Civilians – Are person who are not members of the armed  Pillage of their personal belongings is prohibited
forces of a party to an armed conflict, and are protected  Their personal details must be recorded
against attack, unless and for such time as they take a  They must be allowed to correspond with their
direct part in armed hostilities. families, subject to reasonable conditions relating
to frequency and the need for censorship by the
Combatants – Are all members of such armed forces authorities.
usually or international armed conflicts, except medical  They must be allowed to receive visitors,
and religious personnel. especially near relatives, to the degree
practicable
Civilian Objects and Military Objects
Legal remedies in cases of Enforced Disappearances
Civilian Objects are all objects that are not military and Extra-Judicial Killings (EJK)
objectives and protected against attack, unless and such
time as they are military objectives. 1. Writ of Habeas Corpus (WOHC)
Some examples of civilian objects are houses, schools, Is a Latin phrase which literally means “you have
churches, farms, commercial buildings, industrial plants, the body.” The writ is an order to the person in charge of
power transmission towers, cell sites, public transports, someone’s detention to deliver the named person so that
other civilian infrastructures and also cultural properties. the court can investigate the legality of his imprisonment.
Basically, it is a writ directed to the person detaining
Military Objectives are limited to those objects which, by another, commanding him to produce the body of the
their nature, location, purpose or use, make for an effective prisoner at the designated time and place and explain the
contribution to military action and whose destruction, cause of his detention. The WOHC generally extends to all
capture or neutralization, under the circumstances, offers a cases of illegal confinement or detention by which a
definite military advantage. person is deprived of liberty, or the rightful custody of a
Who is a person “Hors de Combat”? person is withheld from the person entitled to it.
▪ He or she is a person “out of combat”, including a
combatant who is no longer in a condition to 2. Writ of Amparo (WOA)
engage in combat. More specifically, anyone who:
 is in the power (like captive) of an adverse The Writ of Amparo is of Mexican origin. Amparo
party; means protection from the Spanish word “Amparar”. It is a
 is defenseless because of consciousness, remedy available to any person whose right to life, liberty
shipwreck, wounds or sickness; or and security has been violated or is threatened with
 clearly expresses an intention to violation by an unlawful act or omission of a public
surrender; provided he or she abstains official/employee, or of a private individual or entity.
from any hostile act and does not attempt The writ is issued in cases of EJK and Enforced
to escape. Disappearances or threats thereof.

The fundamental guarantees for the treatment of 3. Writ of Habeas Data (WOHD)
civilians and persons Hors de Combat: The WOHD is a remedy available to any person
▪ They must be treated humanely. who’s the right to privacy in life, liberty or security is
▪ The following are all prohibited: violated or threatened by an unlawful act or omission of a
public official or private individual. The WOHD enables the
 Any form of adverse discrimination
petitioner to invoke the right to privacy and right to
 Murder
information.
 Torture, cruel or inhuman treatment, and
outrages upon personal dignity, in LESSON 4: MEANS AND METHODS OF WARFARE
particular humiliating and degrading
punishment
 Corporal punishment

10
Downloaded by Joyjoy Hong ([email protected])
 lOMoARcPSD|37051490

International Humanitarian Law the military forces of the enemy;

▪ Protects all persons who are not, or no longer ▪ that for this purpose it is sufficient to disable the
participating in the hostilities, as well as certain greatest possible number of men;
places and objects. ▪ that this object would be exceeded by the
▪ Restricts the rights of the warring parties to use the employment of arms which uselessly aggravate
means and methods of warfare of their choice. the sufferings of disabled men, or render their
death inevitable;
Limitations on means and methods of warfare ▪ that the employment of such arms would,
▪ The right of the parties to the conflict to choose therefore, be contrary to the laws of humanity.
methods and means of warfare are not unlimited. Prohibition to cause superfluous injury or
(Art. 22, Hague Law) unnecessary sufferings
▪ It is prohibited to employ means and methods of ▪ Requires that a balance be struck between military
warfare of a nature to cause superfluous injury or necessity and the expected injury or suffering
unnecessary suffering. (Art. 23, Hague Law) inflicted.
▪ Parties of a conflict must all times distinguish ▪ Excessive injury or suffering, that which is out of
between civilians and combatants. proportion to the military advantage sought.
▪ Indiscriminate attacks are prohibited.
▪ Weapons that inherently indiscriminate of have Martens Clause
indiscriminate effects must not be used.
▪ It is prohibited to employ methods or means of In cases not covered by international agreements,
warfare which are intended or may be expected to civilians and combatants remain under the protection of
cause widespread, long-term and severe damage the principles of international law derived..
to the natural environment. ▪ from established customs
Declaration of St. Petersburg (1868) ▪ from the principles of humanity, and
▪ That the only legitimate object which States should ▪ from the dictates of public conscience
endeavor to accomplish during war is to weaken
Regulation of Specific Weapons
▪ exploding bullets
▪ expanding bullets
▪ poison
▪ chemical weapons
▪ biological weapons
▪ non-detectable
fragments
▪ blinding laser weapons
▪ cluster munitions
▪ mines, booby traps and other similar explosive devices, and
▪ incendiary weapons

Police Station Checklist on Human Rights-Based Policing

1. Number of Profile of Personnel with:

 Basic and advanced training in human rights
 Human rights modules in mandatory and special courses
 Additional human rights seminars, workshops, and training conducted by
the CHR
 Additional human rights seminars, workshop, training conducted by
NGOs and foreign organization

2. Number of Custodial Detention Facilities/Lock-up

CellsInspected:
 Are there separate facilities for men, women, and children?
 Is there a regularly updated database on detainees including their
complete name, address, age, sex, nature of crime, status of case or
investigation, date of inquest, release or transfer to jail, contact details of
lawyer or family, etc.?
 Is the custodial detention facilities/lock-up cells clean, safe and secure?
 Are detainees confined in facilities that pose no threat to their health and
safety?
 Excessive use of force.

3. Number of Profile and Complaints of Alleged HumanRights

Violations such as:  Illegal Arrest
 Illegal Detention
 EJK or Summary executions
 Enforced Disappearances
 Other human rights violations

4. Number and status of alleged cases of human rightsviolations

investigated or handled by the police station.

5. Display of posters and information materials on Rightsof Person

Arrested, Detained or under Investigation (R.A 7438) at the
police station and other PNP offices.

11
Downloaded by Joyjoy Hong ([email protected])
 lOMoARcPSD|37051490

6. Display the posters inside the investigation room, nearcustodial

detention facilities, and other prominent locations inside the
police station.

7. Preparation on Human Rights Desk Workflow anddirectory of

other PNP units and government agencies involved in human
rights protection.

8. Human rights promotion/protection action plan (policestation

level)

9. Coordination with Brgy. Human Rights Action Officer(BHRAO)

on joint human rights plans and activities; protective services to
victims of human rights violations; and other mission-essential
tasks related to human rights promotion and protection at the
community level.

--Human Rights are inherent to all human beings—

--end note--

12
Downloaded by Joyjoy Hong ([email protected])