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Bachelor of Science in Criminology Luna Goco Colleges, Inc. Brgy Lalud, Calapan City

This document is a lesson plan for a 3-hour module on Human Rights Education for 3rd year Bachelor of Science in Criminology students. The module will cover international frameworks for human rights like the UN and UDHR, as well as domestic laws and policies in the Philippines. Students will analyze case studies in groups and participate in an open forum discussion. The goal is to empower students to promote human rights competently and professionally in their future work as law enforcers.
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0% found this document useful (0 votes)
174 views17 pages

Bachelor of Science in Criminology Luna Goco Colleges, Inc. Brgy Lalud, Calapan City

This document is a lesson plan for a 3-hour module on Human Rights Education for 3rd year Bachelor of Science in Criminology students. The module will cover international frameworks for human rights like the UN and UDHR, as well as domestic laws and policies in the Philippines. Students will analyze case studies in groups and participate in an open forum discussion. The goal is to empower students to promote human rights competently and professionally in their future work as law enforcers.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Bachelor Of Science in Criminology

LUNA GOCO COLLEGES, Inc.


Brgy Lalud, Calapan City

LESSON PLAN

TITLE : Human Rights Education


COURSE: B.S. Criminology

Instructor: Dr. WILLIAM C DESTURA

MODULE: 2 (Major Subjects 3 units)

LESSON PLAN NUMBER : 2

TARGET AUDIENCE: 3rd year B.S. Criminology Students

DATE AND VENUE: Luna Goco Colleges Inc Rm. __,As scheduled

TIME ALLOTTED: 3 hours

LEARNING AIDS REQUIRED: Zoom Meeting, Video Discussion


Hard copy of Lecture, Classroom Lecture if
necessary

PARTICIPANTS EQUIPMENT REQUIRED: Internet, Notebook and Pen

TRAINING REFERENCES USED: 1987 Constitution of the Phils., Universal


Declaration of Human Rights, Human Rights
And Data Privacy Act (RA10173), International
Humanitarian Law (RA 9851) and RA 7438

INTRODUCTION:

This module was designed to empower every students particularly the senior
who belong to 3rd year who are participants of this modular class regarding the
significant role of promoting Human Rights tailored to criminal investigations with
competence and professionalism.

The salient topics incorporated in this module are: 1) Legal and Regulatory
Framework; 2) International Humanitarian Law (RA 9851) – Law on Armed Conflict; 3)
Anti-Torture Law (RA 9745); 4) Rights of the Persons Arrested, Detained and Under
Custodial Investigation (RA 7438); 5) Guidelines and Policies of PNP on Human Rights
(Rights-Based Policing); and 6) Case Analysis/Studies.

LEARNING GOAL:

The participants or B.S. Criminology Students belonging to third year will be


evaluated through case analysis and graded accordingly base on their group
presentation. Further, there is an open forum to clarify salient topics and issues on
promoting Human Rights in the police service.

In these regards, the future law enforcer belonging to 3 rd year is in great


perspective that this module will have pertinent impact to its clientele (community) to
share their efforts in promoting Human Rights in order to attain a just, humane and
harmonious society.

SESSIONS:

A. The United Nations

The United Nations Organization (UNO) or simply the United Nations (UN) is an
International Organization whose stated aims are facilitating cooperation in international
law, international security, economic development, social progress, human rights, and
achievement of world peace.

Human Rights -Those rights, which are inherent in our nature and without which
we cannot live as human beings

Basic Characteristics of Human Rights:

 Cannot be taken away


 Equal and interdependent
 Internationally guaranteed
 Legally protected
 Universal
 Oblige State & State Actors

B. The Universal Declaration of Human Rights (UDHR)- UN General Assembly Dec


10, 1948 as Resolution 217 at the Palais De Chaillot in Paris France

C. International Covenant on Civil and Political Rights (ICCPR)- UN General


Assembly Resolution 2200A, December 16, 1966 and in force March 23 1976

D. 1987 Philippine Constitution

The State values the dignity of every human person and guarantees full respect
for human rights. (Sec. 11, Art. II, Philippine Constitution)
Section 17 – creation of Commission on Human Rights

Section 19 - The Congress may provide for other cases of violations of human
rights that should fall within the authority of the Commission, taking into account its
recommendations.

E. Bill of Rights (Article III, Bill of Rights, 1987 Philippine Constitution)

Section 1 - No person shall be deprived of life, liberty, or property without due


process of law, nor shall any person be denied the equal protection of the laws.

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

Section 3

1. The privacy of communication and correspondence shall be inviolable except


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

Section 4 - No law shall be passed abridging the freedom of speech, of


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

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


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

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

Section 7 - The right of the people to information on matters of public concern


shall be recognized. Access to official records, and to documents and papers pertaining
to official acts, transactions, or decisions, as well as to government research data used
as basis for policy development, shall be afforded the citizen, subject to such limitations
as may be provided by law.

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

Section 9 - Private property shall not be taken for public use without just
compensation.

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

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

Section 12

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

Section 13 - All persons, except those charged with offenses punishable by


reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable
by sufficient sureties, or be released on recognizance as may be provided by law. The
right to bail shall not be impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.

Section 14

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

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

Section 16 - All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.

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

Section 18

1. No person shall be detained solely by reason of his political beliefs and


aspirations.
2. No involuntary servitude in any form shall exist except as a punishment for a
crime whereof the party shall have been duly convicted.

Section 19

1. Excessive fines shall not be imposed, nor cruel, degrading or inhuman


punishment inflicted. Neither shall death penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress hereafter provides for it. .

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


tax.

Section 21 - No person shall be twice put in jeopardy of punishment for the


same offense. If an act is punished by a law and an ordinance, conviction or acquittal
under either shall constitute a bar to another prosecution for the same act.

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

F. Dynamics of Human Rights

International HR
Instruments
When a State Ratifies
HUMAN RIGHTS TREATIES a Convention, it has
ICERD the Obligation to:
ICCPR
United
ICESCR
CEDAW
Nations 1. PROTECT;
Standards 2. RESPECT; and
CAT
MWC (Declarations) 3. FULFILL the rights
CRC enshrined therein.
G. PHILIPPINE ACT ON CRIMES AGAINST INTERNATIONAL HUMANITARIAN
LAW, GENOCIDE, AND OTHER CRIMES AGAINST HUMANITY (R.A. 9851)
(signed into law on December 11, 2009)

Salient Features of IHL

War Crimes, Genocide, And Other Crimes Against Humanity In


Crimes Both International & Non-International Armed Conflict
(Insurgency Is Included)
INDIVIDUAL CRIMINAL RESPONSIBILITY BY PRINCIPALS by
participation, inducement, indispensable cooperation
Offenders:
INDIVIDUAL CRIMINAL RESPONSIBILITY BY ACCOMPLICES
State actors and
by facilitating the commission of the crime
non-state actors
COMMAND RESPONSIBILITY – superior is penalized as
principal; responsibility not limited to immediate superior
PRISION MAYOR ( 6-10 years imprisonment ) up to
Penalties
RECLUSION PERPETUA (Life Imprisonment) depending on
gravity and result of torture
NON-PRESCRIPTION OF CRIMES
IRRELEVANCE OF OFFICIAL CAPACITY; applies to all
Other Features persons whether state or non-state actor
Seeks to protect people who are not part of, or no longer taking
part in hostilities or armed conflict

COMPARISON

INTERNATIONAL HUMANITARIAN LAW,


ANTI TORTURE LAW (RA 9745) GENOCIDE, AND OTHER CRIMES
AGAINST HUMANITY (R.A. 9851)
Both State and Non-State Actors are
Only State Actors are Liable
Liable
With Prescription? (will depend on IRR) No Prescription Period
With Protection, Compensation Clause With Protection, Compensation Clause
for Victims and Witnesses for Victims and Witnesses
With Individual and Command
With Individual, Superior, and Command
Responsibility
Responsibility
(not limited to immediate superior)
No Amnesty for Convicted Torturers

H. AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND


DEGRADING TREATMENT OR PUNISHMENT (R.A. 9745)
(signed into law on November 10, 2009)
Salient Features of Anti-Torture Law

Types of Torture Physical Mental/ Other Cruel, Inhuman,


Psychological Degrading Acts
INDIVIDUAL RESPONSIBILITY as Principal, Accomplice or
Accessory
Offenders: SUPERIOR RESPONSIBILITY – Immediate superior held liable as
State actors only principal
COMMAND RESPONSIBILITY – Immediate superior of unit is
administratively
ARRESTO MAYOR (1-6 months imprisonment) up to
Penalties
RECLUSION PERPETUA (Life Imprisonment) depending on
gravity & result of torture
All persons arrested, detained, or under investigation have right to
physical, medical and psychological examination before and after
interrogation
Torture is a separate & independent crime --- not absorbed by any
Other Features other crime or felony committed as a consequence or as a means
in the conduct or commission thereof
No amnesty for those convicted of torture
Seeks to protect all persons under custody of police, military,
intelligence units, other agencies in security sector

What is Torture?

1. An act by which severe pain or suffering, whether physical or mental, is


inflicted on a person…to obtain from him / her or a third person information or
confession;
2. It is a punishment or ill-treatment for an act that he/she or a third person has
committed or is suspected of having committed;
3. Or intimidating or coercing him/her or a third person for any reason based on
discrimination of any kind.
4. It is committed by a person in authority or by an agent of a person in
authority.
5. It does not include any pain or suffering arising only from, inherent in, or
incidental to lawful sanctions.

I. HUMAN RIGHTS STANDARDS IN ARREST AND DETENTION

Definition of Terms

Arrest – an act of apprehending a person for the alleged commission of an


offense or by the action of an authority.
Detention – deprivation of personal liberty except as a result of conviction for an
offense.
Detainee – person deprived of his/her liberty pending trial (not yet convicted).
Prisoner – person deprived of his/her liberty as a result of conviction for an
offense (convicted).

Mandate of the Police

1. Protect human rights.


2. Defend fundamental freedoms.
3. Maintain public order & the general welfare in a democratic society through
policies & practices that are lawful, humane & disciplined.

Rule of Law

1. Law and order, peace and security are matters of State Responsibility.
2. “All persons are equal before the law and are entitled without any
discrimination to the equal protection of the law.”

Ethical Standards

Law Enforcement and the maintenance of public order must be compatible with:

1. Respect for, and obedience to, the law;


2. Respect for the dignity of the human person; and
3. Respect for, and protection of, human rights.

Commonly Known and Used Powers:

1. Powers of Arrest and Detention; and


2. Authority to Use Force - where such is necessary for the achievement of
legitimate objectives.

Rights Relating to Arrest - Art 3, UDHR and Art 9, ICCPR


1987 Constitution, Rules of Criminal Procedures
RA 7438 and RA 9745

1. Right to liberty and security of person and to freedom of movement


2. Prohibition of arbitrary arrest
3. Requirement of legal grounds and procedures
4. Right to be informed of reasons at time of arrest and to be promptly informed
of any charges
5. Right to be brought promptly before the judge
6. Right to judicial determination of legality of arrest/detention, and to release
where so decided
7. Right to trial within reasonable time or release
8. Right to adequate access to a lawyer
9. Right not to confess or testify against oneself
10. Right to an interpreter where necessary
11. Prompt notification of family

The Treatment of Detainees- Art 3, UDHR and Art 9, ICCPR


1987 Constitution, Rules of Criminal Procedures,
RA 7438 and RA 9745

1. Presumption of innocence
2. Humane treatment and respect inherent dignity of human person
3. Absolute prohibition of torture and cruel, inhuman or degrading treatment or
punishment
4. Prohibition of violence or threats
5. Respect for religious and moral beliefs
6. Respect for the special status and rights of women and juveniles
7. Prohibition on taking advantage of a detainee’s situation to force confession
or self - incrimination

The Facilities for Detention- Art 3, UDHR and Art 9, ICCPR


1987 Constitution, Rules of Criminal Procedures,
RA 7438 and RA 9745

1. Officially recognized places of detention only


2. Humane and healthy
3. Adequate shelter, clothing, food and water
4. Adequate medical services
5. Adequate exercise facilities and opportunities
6. Adequate items and facilities for personal hygiene

J. GUIDELINES AND POLICIES OF PNP ON HUMAN RIGHTS (RIGHTS-BASED


POLICING)

Perception about Human Rights

Some in the PNP believe that Human Rights are…

1. Propaganda used by enemies of the state against the government.


2. Used by some sectors to blame and harass the police / military even if we are
“only doing our job.”
3. Only protect anti-government activists and do not benefit the PNP and AFP.
4. Hindrance to military & police operations; it is an obstacle to mission
accomplishment.

Bakit negatibo ang pananaw ng ibang pulis tungkol sa Human Rights ... at bakit
mayroong mga Alleged Human Rights Violations?

Dahil kaya....
1. Kulang pa tayo ng kaalaman tungkol sa human rights?
2. Mas maraming kaalaman yung “kabila” tungkol sa human rights kaya
nagagamit nila ito laban sa atin?
3. Kulang pa tayo sa professional competency at may hindi tayo sinusunod na
procedure o proseso?

We Need a Change in Perception

Human Rights Law Enforcement


“Leftist”
“Anti-Leftist”
“Anti-PNP / Anti-Govt”
“Always Use Aggressive Methods & Tactics”
“Being Soft on Crime”
“Use Any and Every Method to Accomplish the Mission”
“Obstacle to Mission”

Paradigm Shift

Human Rights
Peace and Order Life, Liberty, and Freedom
Rule of Law Socio-Economic Progress
Justice and Equality Education
Sustainable Development
Violence Slavery
Crime Oppression
Injustice and Inequality Poverty and Ignorance
Discrimination Destruction of Environment
Human Wrongs

Human Rights in Law Enforcement

1. We are all human. All of us have human rights.


2. Power and authority of government/PNP comes from the people.
3. We must uphold human rights to prevent abuse of power & authority.
4. PNP as Human Rights Protector
5. PDG RAUL M BACALZO, Chief, PNP
Statements in the promotion of Human Rights

“The protection of human rights is the most basic of police functions…Our


service must be results-oriented and responsive to our people’s needs. We must define
our targets in ways that we can measure...and one of our measurements will be our
level of knowledge, understanding, and protection of human rights.”

Anatomy of Human Rights Violations

Follow Police Operations successful


Operational Crime prevented / solved
Procedures Prosecution successful
Peace & order maintained
Police are
Professional Mission Accomplished
& Competent

Mandate: Police
Laws & Enforce Operations/
Statute the Law Interventions

Police are
Unprofessional Mission Failed
& Incompetent

Police Operational lapses occur


Operational Abuse of authority
Procedures are Criminal prosecution fails
Not Followed Laws & Human Rights
are violated

Root Causes of Human Rights Violations

Sample Cases / Incidents

Alleged Human Rights Violations


Incident / Case
/ Operational Lapses
Defective warrant?
1. Morong 43 Case Illegal arrest, detention, and torture?
(August 2010) No basis for detention in military camp?
Deficiency in PNP-AFP coordination re- custody &
detention of Morong 43?
2. Quirino Grandstand
Poor crowd control and handling of media?
Hostage-Taking
Ill-prepared, ill-equipped swat?
(August 2010)
Violation of rule 14 on arrest & rule 15 on custodial
3. Alleged Asuncion PCP investigation, pop (2010 ver.)
Torture Case Violation of R.A. 7438 rights of persons arrested,
(Binayug Case) detained or under investigation
August 2010 Violation of RPC art. 235 maltreatment of prisoners
Violation of bill of rights, phil. Constitution
violation of R.A. 9745 anti-torture law
4. Edsa-nia Shootout
Violation of rule 7 on use of force, pop (2010 ver.)
(February 2009)
5. Trina Etong Case Arrested persons not informed of their rights
(April 2009) Violation of rule 14 on arrest, pop (2010 ver.)
6. Parañaque Shootout Violation of rule 7 on use of force, pop (2010 ver.)
(December 2008) No proper planning, debriefing
Violation of rule 14 on arrest & rule 15 on custodial
7. Hamja Case
investigations pop (2010 ver.)
(December 2008)
No proper documentation of detained person
Violation of RPC art. 235 maltreatment of prisoners
8. Parañaque Shootout

Bridging the Gap

Mission Accomplished

Criminals Arrested / Convicted


Crime Solved
Victims get justice
Human lives are saved
Laws are properly enforced
Peace & Order is maintained

Tools to Bridge the Gap

Professionalism
Education & Training
Policies & Plans
Human Rights Principles & Practices

What happens when we don’t bridge the gap?

Justice delayed, justice denied.


The PNP Loses Trust & Confidence of the Community
PNP / Government Suffers from Criticism From Media & Other Sectors;
Our Relations with the International Community Is Affected.
Human Rights Violations are Committed.
We could face Criminal & Administrative Charges; end of Police Career.

How do we bridge the gap?

Professionalism
Competency
Human Rights Principles & Practices

K. Rights-Based Policing

1. What is Rights-Based Policing?


Comprehensive, systematic, institutional compliance with international and
national human rights standards in policing or law enforcement in police doctrines,
policies, plans, operations, methods and tactics.

a) In rights-based policing, Citizens are CLAIM-HOLDERS whose rights must


be respected and protected by the police.
b) In rights-based policing, Police Officers are DUTY-HOLDERS with
obligations to respect, protect and fulfill human rights.
c) To RESPECT human rights is to avoid interfering with the enjoyment of
people’s rights.
d) To PROTECT human rights is to implement laws that provide equal
protection to all persons from human rights violations by State / Non-State Actors.
e) To FULFILL human rights is to establish institutions and implement
systems, mechanisms, and procedures that enable people to claim and enjoy their
rights.
f) Emphasis on professionalism, competency, and prompt & courteous
service to citizens.

2. Basic International Human Rights Standards for Law Enforcement

a) Everyone is entitled to equal protection of the law without discrimination on


any grounds.
b) Treat all victims of crime with compassion and respect; protect their safety
and privacy.

c) Do not use force except when strictly necessary, and only to the minimum
extent necessary.
d) Avoid use of force when policing unlawful but non-violent assemblies.
e) Lethal force should not be used except when strictly unavoidable in order
to protect your life or the lives of others.
f) Arrest of persons must be done only on legal grounds, and carried out
according to lawful arrest procedures.
g) Ensure all detainees have immediate access to their family, lawyer, and
any necessary medical care.
h) All detainees must be treated humanely. Do not inflict, instigate, or tolerate
any act of torture or ill-treatment, in any circumstances --- and refuse any order to do so.
i) Report all violations of these Basic Standards to your senior officer and to
the Office of the Prosecutor. Do everything you can to ensure steps are taken to
investigate these violations.

3. Characteristics of Right Base Policing

a) Strict observance of police operational procedures.


b) Adherence to international human rights standards for law enforcement.
c) Emphasis on professionalism, competency & courteous service to citizens.
d) Respect for rule of law and civilian supremacy.
4. Why do we need to become a Rights-Based Police Organization?

a) It is Our Duty and Legal Obligation

 Article II – Declaration of Principles and State Policies – 1987


Constitution
 The 1987 Philippine Constitution
 Administrative Order 249
 PDG RAUL M BACALZO, Chief, PNP Statements in the PNP’s Rights-
Based Policing

“We must revive the virtues of discipline and courtesy, good manners and right
conduct that are the hallmarks of a public servant and essential to being a good citizen.

As an officer of the law, I believe that policing must be anchored on the basic
tenets of Human Rights”

5. Human Rights in the PNP

PNP Ethical PNP PNP Code of PNP PNP PNP Badge PNP LOI 55/07
Doctrine Motto Conduct Hymn Pledge of Honor Core “Pamana”
Values
Chapter I To Chapter 3 Bantay I will You have Makadiyo “...all
Sec. 2: Serve Para 2: ng love been s members
“… all and “...respect katahim and entrusted Makatao of the
members of Protect for human ikan... serve with the Makabay PNP shall
the rights as a PNP God, Badge as a an Maka- embrace
Philippine high Lingkod Country symbol of Kalikasan the
National standard ng and your highest
Police… must be bayan People. worthiness principles
shall serve maintained Krimina .. as a police of
with utmost in the l aming officer... the
responsibility performance kalaban to serve universal
, integrity, of police Mama and protect declaratio
morality, duties. mayan the people n of
loyalty, and paglilin from whom human
efficiency gkuran you derive rights.”
with due the power
respect to and authority
human to enforce
rights the laws of
and dignity the land
as hallmarks without fear
of a or favor
democratic
society,”

6. It is one of the Key Result Areas of PNP Integrated Transformation


Program (PNP-ITP)

PNP Integrated
Comprehensive Transformation Program
Police Reforms

11 Key Result Areas

National Policy Police Facilities Human Information &


& Institutional Operations Development Resource Communications
Development Management Technology

Demo of Reform Reform Public Administrative


Excellence thru Management Management Information & Financial
Anti-Corruption & Advocacy Management
Best Practices

Promotion
of Human Rights

PNP Human Rights


Development Program

7. It has Positive Impact or Benefits to the Police Organization

When we Promote and Protect Human Rights:

 We improve public trust and confidence in the PNP…. A police-community


relation is improved;
 Good police-community relations helps in anti-crime operations… peace
and order is maintained;
 We avoid criminal / administrative charges…no threat to our career and
source of livelihood;
 We maintain a good service reputation & we are respected by the people;
and
 We help build a rights-based PNP…and protect our own family, friends and
loved ones from abuse and human rights violations.
8. Police as Human Rights Protector

Article I, Code of Conduct for Law Enforcement Officials, United Nations


General Assembly Resolution 34/169, 17 December 1979
“Law enforcement officials shall at all times fulfill the duty imposed upon them
by law, by serving the community and by protecting all persons against illegal acts,
consistent with the high degree of responsibility required by their profession.”

Eight (8) Articles of the UN Code of Conduct for Law Enforcement


Officials

(1) Perform duty under the law


(2) Respect and safeguard human rights
(3) Use force only when strictly necessary
(4) Respect confidentiality
(5) Forbidden to inflict any act of torture & other cruel treatment
(6) Safeguard the health of those in custody
(7) Forbidden to commit any act of corruption
(8) Respect the law and this Code

Essential principles in the use of any Power and Authority:

(1) Legality – action with legal basis


(2) Necessity – action not beyond reasonably necessary to achieve mission
(3) Proportionality - act in proportion to the seriousness of the offense

Ethical and Legal Law Enforcement Conduct

Personal Ethics - moral values and beliefs.


(Personal belief on what is good or bad)

(1) It decides the course of action of individual officer in a given situation.


(2) It can be positively and negatively influenced through S – P – E – A – K
(3) Also influenced by peer group pressure

Professionalism

Not just a set of Appearance


Nor just Technical Skill
Set of Internalized Character Strengths and Values
See work as Service to Others
Commitment to excellence of Performance
High Quality Service to Others
Show self-respect in work
Respect for others Rights
Essence of Rights Based Policing

(1) Respect and Protect Human Rights


(2) Rights-based policing - Know and apply HR principles
(3) Rule of law
(4) Legality, Necessity & Proportionality
(5) To Serve and Protect is Human Rights
(6) HR is Competency and Professionalism

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