COMMISSION ON

HUMAN RIGHTS
REPUBLIC OF THE PHILIPPINES

CHR: DIGNITY OF ALL

VISION: A just and humane Philippine society of MISSION: As conscience of government and the people, we seek truth in human
persons equal in opportunity, living a life of rights issues. As beacon of truth, we make people aware of their
rights, and guide government and society towards actions that respect
dignity, and forever vigilant against abuses the rights of all, particularly those who cannot defend themselves—the
and oppression. disadvantaged, marginalized, and vulnerable.
Module: General Module
Subject: Human Rights and International
Humanitarian Law (IHL)
Topics:
I. Mandates of the Commission on Human
Rights
II. Concepts and Principles of Human Rights
❑ Duty-Bearer
❑ Rights Holders
❑ State Obligations
III. Human Rights-Based Policing
IV. International Humanitarian Law
METHODOLOGIES:
❑ Pre-Test and Post Test
❑ Workshops
❑ Reporting
❑ Lecture/Powerpoint
Presentation
PRE-TEST
 Group
Activity
LEARNING OBJECTIVES:
At the end of the session, the participants will
be able to:

➢ Get to know the Commission on Human

Rights and understand its mandates.
➢ Identify the CHR’s powers and functions.
➢ Learn the history of human rights
➢ Explain the principles of human rights
➢ Enumerate and explain the nature and levels
of State Obligations
➢ Differentiate the duties and obligations of
duty-bearers and rights holders
 When a police or a
soldier kills, it’s human
rights (violation); but
when a police or a
soldier is killed, it’s just
alright.

7
 Police Taxation Eminent Domain

EXECUTIVE JUDICIARY LEGISLATIVE

DILG PDEA DOJ/ NBI DND ❑ AFP

❑ CAFGU
❑ CVO
❑ PNP ❑ ETC..
❑ BJMP

Agents of
Agents of the State
the State Presumption of innocence
Miranda Doctrine
Police Operations Procedure
Rule of law
Rules of Engagement

“Don’t put the law “Don’t be the law enforcer,

into your hands” prosecutor and a judge at the same
time.”
 The Commission originated from the
Presidential Committee on Human
Rights established in 1986 by Pres.
Corazon Aquino, which was chaired by
former Sen. Jose Diokno and former
Supreme Court Associate Justice J.B.L.
Reyes.
A separate
Commission on
Human Rights
was established
upon the
promulgation of
the 1987
Constitution.
 AGENCY
M
V
I
I
S
S
S

PROFILE
I
I
O
O
N
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PPT Design by: Christian Jay A. Tandoy, CHR-HREPO, Intern

CHR: Dignity of all

 CHR

CREATED BY THE VIRTUE OF THE

1987 PHILIPPINE CONSTITUTION

The State values

There is hereby
Article XIII
Article II
the dignity
SEC.
of
created
SEC. an every human
17
independent 11and
person
office called the
guarantees full
Commission on
respect
Human Rights.
for human rights.
PPT Design by: Christian Jay A. Tandoy, CHR-HREPO, Intern

CHR: Dignity of all

WHO WE SERVE

PPT Design by: Christian Jay A. Tandoy, CHR-HREPO, Intern

CHR: Dignity of all

 The Members of the
CHR 5th Commission En-Banc
(with the term of 7 years)

Jose Luis Martin C. Gascon

Chairperson Karen Gomez Dumpit
Gwendolyn LL. Pimentel-Gana
Commissioner
Commissioner

Roberto Eugenio Cadiz Leah Tanodra Armamento

Commissioner Commissioner
 COMMISSION ON HUMAN RIGHTS
16 REGIONAL OFFICES

CAR
Baguio City

REGION II
Tuguegarao, Cagayan
REGION I
San Fernando,
La Union
CENTRAL OFFICE/
REGION III NATONAL CAPITAL REGION (NCR)
San Fernando, Quezon City
Pampanga

REGION IV-B REGION V

CALABARZON Legaspi City
REGION IV-A
MIMAROPA REGION VIII
Tacloban City
REGION VI
Iloilo City
CARAGA
Butuan City
REGON VII
Cebu City REGION X
Cagayan de Oro City
REGON IX
Zamboanga City REGION XII REGION XI
Koronadal City Davao City
POWERS AND FUNCTIONS OF CHR
i. Investigate, on its own or on
complaint by any party, all
forms of human rights
violations involving civil and
political rights;

ii. Adopt its operational

guidelines and rules of
procedure, and cite contempt
for violations thereof in
accordance with the Rules of
Court;
POWERS AND FUNCTIONS OF CHR
iii. Provide appropriate legal
measures for the protection
of human rights of all
persons within the
Philippines, as well as
Filipinos residing abroad,
and provide for preventive
measure and legal aid
services to the
underprivileged whose
human rights have been
violated or need protection.
POWERS AND FUNCTIONS OF CHR

iv. Exercise visitorial

powers over jails,
prisons, or detention
facilities;

v. Establish a continuing
program of research,
education, and
information to enhance
respect for the primacy
of human rights;
POWERS AND FUNCTIONS OF CHR
vi. Recommend to the Congress effective
measures to promote human rights and to
provide for compensation to victims of
violations of human rights, or their families;

vii. Monitor the Philippine Government's

compliance with international treaty on
human rights;
POWERS AND FUNCTIONS OF CHR

viii. Grant immunity from

prosecution to any
person whose testimony
or whose possession of
documents or other
evidence is necessary or
convenient to determine
the truth in any
investigation conducted
by it or under its
authority;
POWERS AND FUNCTIONS OF CHR

ix. Request the assistance of any

department, bureau, office, or
agency in the performance of its
functions;

x. Appoint its officers and employees

in accordance with law; and

xi. Perform such other duties and

functions as may be provided by
law.
Roles/Functions of CHR on Other Laws
 ON VISITATION/ASSISTANCE TO
PERSONS IN DETENTION
RA 7438 (Custodial Rights of the Accused)
The Commission shall take part in
accrediting non-governmental
organization that can visit any person
arrested or detained under custodial
investigation.
Roles/Functions of CHR on Other Laws
 ON CHILDREN IN SITUATIONS OF
ARMED CONFLICT
RA 7610(Anti-Child Abuse Law)
✓ The Commission shall immediately visit the child to
determine the observance by the government forces
of the human rights of the suspect.
✓ The Commission shall monitor the human rights
violations on children in situations of armed conflict.
✓ The Commission may request the appropriate Court
to release the child on recognizance.
Roles/Functions of CHR on Other Laws
 ON VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN
RA 9262 (Anti-Violence Against Women and
their Children Act of 2004)
✓ The Commission, together with the other, is one of the
agencies tasked to formulate programs and project to
eliminate violence against women and their children.
Roles/Functions of CHR on Other Laws
 ON CHILDREN IN CONFLICT WITH
THE LAW
RA 9344 as amended by RA 10630 (Juvenile
Justice Law)
✓ The Commission is one of the bodies which will
compose the Juvenile Justice and Welfare Council
(JJWC).
✓ The Commission shall ensure that the status, rights
and interests of the children are upheld.
Roles/Functions of CHR on Other Laws
 ON FIGHT AGAINSTS TERRORISM
RA 11479 (The Anti-Terrorism Act of 2020)
✓The CHR shall give the highest
priority to the investigation and
prosecution of violations of civil and
political rights of persons in relation
to the implementation of this Act.
Roles/Functions of CHR on Other Laws
 ON CHR AS GENDER AND
DEVELOPMENT OMBUD
RA 9710 (Magna Carta of Women)
✓CHR shall act as the Gender and Development
Ombud
✓CHR shall be monitoring on the
implementation of the RA 9710 and also be
part on the formulation of the Implementing
Rules and Regulations
Roles/Functions of CHR on Other Laws
 ON FREEDOM FROM TORTURE
RA 9745 (Anti-Torture Act of 2009)
✓ The Commission shall be the repository of the list of
places of detention. Such list will be periodically
updated within the first five (5) days of every month.
✓ The Commission shall exercise visitorial powers at any
time over jails, prison, and detention facilities.
✓ The Commission shall have a prompt and impartial
investigation.
✓ The CHR together with PAO shall render legal
assistance in the investigation and monitoring and/or
filing of the complaint of a person who suffers torture.
Roles/Functions of CHR on Other Laws
 ON VIOLATIONS OF THE
INTERNATIONAL HUMANITARIAN LAW
RA 9851 (Phil. Act on Crime Against IHL,
Genocide and Other Crimes Against
Humanity)
✓ The CHR together with DOJ, the PNP or other
concerned law enforcement agencies shall designate
prosecutors or investigators that pertain to crimes that
are punishable under this Act.
Roles/Functions of CHR on Other Laws
 ON ANTI-ENFORCED OR
INVOLUNTARY DISAPPEARANCE ACT
OF 2012
RA 10353 (Anti-Enforced or Involuntary
Disappearance Act of 2012)
✓ The Commission shall take part in ensuring access to
information of any person deprived of liberty.
✓ The Commission is one of the agencies that can accept
reports of victims of enforced or involuntary
disappearance.
Roles/Functions of CHR on Other Laws
 ON HUMAN RIGHTS VICTIMS
COMPENSATION
RA 10368 (HRV Victims Reparation and
Recognition Act of 2013)
✓ Existing CHR Personnel shall act as Secretariat of the
Compensation Board.
PROGRAMS AND SERVICES OF CHR

HUMAN RIGHTS PROTECTION PROGRAM

❑ Investigation and Forensic Services
❑ Legal Services
➢ Legal Aid and Counseling
➢ Conciliation
➢ Mediation
➢ Human Rights Assistance
➢ Visitorial Services
PROGRAMS AND SERVICES OF CHR

HUMAN RIGHTS PROMOTION PROGRAM

❑ Education and Training
❑ Human Rights Information and Public
Advocacy
❑ Human Rights Research and
Development
❑ Compliance Monitoring of
International Human Rights
Standards in Governance
❑ Web Services
PROGRAMS AND SERVICES OF CHR
Human Rights Linkages Development and
Strategic Planning
❑ Rights-Based Planning in Governance
❑ Human Rights Performance System in
Governance
❑ Harnessing Competence in
Government and None-State Actors for
Good Human Rights Practices
❑ Executive Cooperation Program
❑ Legislative and Judicial Cooperation
Program
PROGRAMS AND SERVICES OF CHR

Special Programs
❑ Rights-Based Approach Application
❑ Barangay Human Rights Action
Center (BHRAC)
❑ Human Rights Teaching Exemplars
❑ Child Rights Center
❑ Women's Rights Program Center
❑ Asia-Pacific Institute of Human Rights
ROLES AND COMMITMENTS OF
CHR
IN RELATION TO GOVERNMENT
❑ External advisor and "prescriber" of human
rights protection standards

❑ Independent monitor, evaluator and

position advocate on human rights in
relation to proposed and existing national/
local laws and legislations, and government
policies, programs, actions and
performance.
ROLES AND COMMITMENTS OF
CHR
IN RELATION TO CIVIL SOCIETY (NGOs, Academe,
other HR Organizations, General Public and
Vulnerable Groups)
❑ Mobilizer, coordinator and/or contributor of
resources for research and implementation
programs on human rights.

❑ Synchronizer of HR programs to include

those of the civil society thereby enhancing
complementation, sharing and mutual
reinforcement.
ROLES AND COMMITMENTS OF
CHR
IN RELATION TO CIVIL SOCIETY (NGOs, Academe,
other HR Organizations, General Public and
Vulnerable Groups)
❑ Collaborator/Partner in HR program design
and implementation.
❑ Advisor and Provider of human rights
standards.
❑ Trainer of trainers for sustained promotion
and advocacy program.
❑ Molder and Educator of the general public
particularly the vulnerable groups on human
rights norms, standards and practices.
ROLES AND COMMITMENTS OF
CHR
IN RELATION TO HR VICTIMS
❑ Mobilizer of civil society, protection services
providers and provision of protection
standards and guidelines.
❑ Provider of technical assistance to civil
society service providers in improving their
capacity to render protection services such
as legal, investigation and financial
assistance.
❑ Provider of financial assistance (when able)
to civil society groups in their transactional
protection activities.
ROLES AND COMMITMENTS OF
CHR
IN RELATION TO HR VICTIMS
❑ Provider of public information on human
rights services and service provider to
improve access particularly by vulnerable
groups as well as monitor of non-
discriminatory access of vulnerable groups
to basic services.

❑ Provider of direct assistance to victims of

human rights violation.
ROLES AND COMMITMENTS OF
CHR
IN RELATION TO HR VICTIMS
❑ Provider of public information on human
rights services and service provider to
improve access particularly by vulnerable
groups as well as monitor of non-
discriminatory access of vulnerable groups
to basic services.

❑ Provider of direct assistance to victims of

human rights violation.
HUMAN RIGHTS APPLY DIFFERENTLY
TO INDIVIDUALS AND STATES

Human rights oblige states to respect and to

protect people’s human rights. For private
persons, human rights both enshrine the
state’s duties to protect and to respect each
individual’s rights and offer guidance on how
people should treat one another.
Therefore, from a strictly legal standpoint,
human rights violations can only
occur because of state actions or
omissions towards individuals. One
person’s actions against another, for example
an act of murder, violate the law but not
human rights. As such, a state act or
omission that results in murder has different
human rights consequences than that same
murder committed by a private person.

(Page 51)
HUMAN RIGHTS:
Everyone’s
Legacy
HUMAN as HUMAN is
LAW
(Ang Tao Bilang Tao ay Batas)
My demands as human demands, are not
just mine, not just imposition of my own needs,
but is a right by itself, a law that is there by
the fact that I am human.
WHAT ARE HUMAN
RIGHTS?
HUMAN RIGHTS in a nutshell
1. Belong to everyone – they can’t be taken away from
marginalised individuals
2. Are about the relationship between the state and
individuals
3. Provide a floor, not a ceiling, of basic standards,
below which the state must not fall and which it must
protect or fulfill
4. KEY PRINCIPLES:
❑ Fairness
❑ Respect
❑ Equality
❑ Dignity
WHAT ARE HUMAN RIGHTS?

…Universal legal guarantees;

...civil, political, economic, social and cultural;
…protect human values (freedom, equality, dignity)
…inherent to individuals and, to some extent,
groups;
…reflected in international norms and standards;
…legally binding on States.
 “We Must Familiarize Ourselves
with
Key Human Rights Concepts”

United Nations Definition:

Those rights, which are

INHERENT in our nature and
without which we cannot live as
Human Beings.
 Human Rights

Are the SUPREME,

INHERENT and
INALIENABLE Rights to LIFE,
to DIGNITY and to SELF-
DEVELOPMENT.
(CHR definition)
Universal Fundamental

Inherent

Imprescriptible Inalienable

Indivisible Interrelated
Basic Characteristics of Human Rights
1. Inherent - Human rights
are innate, natural, inborn
in us. They are not granted
by any authority. They do
not need any event for their
existence.
Basic Characteristics of Human Rights
2. Fundamental –
Human rights are
basic, essential and
primary. Without
them, the life and
the dignity of man
will be
meaningless.
Basic Characteristics of Human Rights
3. Inalienable
– Human
rights cannot
be separated,
transferred
or taken away
or be
forfeited.
Basic Characteristics of Human Rights
4. Universal –
Human rights
belong to all people
regardless of their
sex, race, color,
language, national
origin, age, class,
religion or political
beliefs.
Basic Characteristics of Human Rights

5. Inter-related and
interdependent -
Human rights become
sources of other rights
such that from our right
to life springs our rights
to clean air, right to
food, right to work, etc.
Basic Characteristics of Human Rights

6. Indivisible –
Human rights can
not be divided and
cannot be denied
even when other
rights have already
been enjoyed.
Basic Characteristics of Human Rights

7. Imprescriptible
– Human rights
have no time
limit.
 CORE INTERNATIONAL
HUMAN RIGHTS INTRUMENTS

UDHR
ICCPR ICESCR

CRC CEDAW CAT CERD

CMW CPD ICAED

 CORE INTERNATIONAL HUMAN
RIGHTS INSTRUMENTS

International Sets forth a broad catalogue

Covenant on of civil and political rights,
Civil and including the rights to life,
Political Rights physical integrity,
(ICCPR) recognition before the law,
political participation,
freedom of movement and
choice of residence, and
protection of the family.
 CORE INTERNATIONAL HUMAN
RIGHTS INSTRUMENTS

International Sets out economic, social and

Covenant on cultural guarantees, including
Economic, the rights to adequate food,
Social and shelter, clothing, health care,
Cultural an adequate standard of living,
Rights and guarantees concerning
(ICESCR) work, social welfare, education
and participation in cultural
life.
 CORE INTERNATIONAL HUMAN
RIGHTS INSTRUMENTS

Convention Defines and prohibits torture

Against Torture under all circumstances.
and Stipulates that States cannot
Other Cruel, transfer a person to another
Inhuman or State if there are grounds for
Degrading believing that s/he will be
Treatment or tortured (principle of non-
Punishment refoulement).
(CAT)
 CORE INTERNATIONAL HUMAN
RIGHTS INSTRUMENTS

International Prohibits racial

Convention on discrimination: when a person
the or group is treated differently
Elimination of because of race, colour,
All Forms of descent, national origin or
Racial ethnic origin with the aim or
Discrimination effect of denying their human
1965 (ICERD) rights and fundamental
freedoms.
 CORE INTERNATIONAL HUMAN
RIGHTS INSTRUMENTS

Convention on Sets a framework for national

the Elimination action for ensuring women
of All enjoy, on an equal footing with
Forms of men, their rights in all fields,
Discrimination including employment,
against education and administration of
Women property, and for ensuring the
(CEDAW) protection of women, especially
against threats to their physical
safety and against rape and
sexual exploitation.
 CORE INTERNATIONAL HUMAN
RIGHTS INSTRUMENTS

Convention on A comprehensive code to protect

the Rights of the rights and best interests of
the Child children. Obliges States to take
(CRC) measures to ensure protection,
care, psychological recovery and
social reintegration of children
affected by armed conflict,
including unaccompanied or
separated children.
 CORE INTERNATIONAL HUMAN
RIGHTS INSTRUMENTS
Convention on Reaffirms human rights and
the Rights of emphasizes their particular
Persons with importance to persons living
Disabilities with disabilities. Also provides
(CPD) guidance to States on ways to
ensure that those with
disabilities, including survivors
of landmines and explosive
remnants of war, can exercise
their rights on a full and equal
basis with others.
 CORE INTERNATIONAL HUMAN
RIGHTS INSTRUMENTS

International Defines and prohibits enforced

Convention for disappearance under any
the Protection circumstances and obliges
of all Persons States to prevent such acts, to
against prosecute and punish or
extradite those responsible, and
Enforced
provide reparations for victims
Disappearances and their families.
(CED)
 CORE INTERNATIONAL HUMAN
RIGHTS INSTRUMENTS

International Provides a framework for

Convention on the protection of the human
the rights
Protection of all of migrant workers during
Migrant all stages of the migration
Workers process; before departure,
1990 (CMW) during transit and in the
country of employment.
 CLASSIFICATION OF RIGHTS
ACCORDING TO SOURCE
1. Natural Rights
are god-given rights, acknowledged by
everybody to be morally good.
e.g. right to life, dignity and self-development

2. Constitutional Rights
are those rights which are conferred and
protected by the Constitution

3. Statutory Rights
are those rights which are provided by law
promulgated by the law-making body
22
 CLASSIFICATION OF RIGHTS

ACCORDING TO RECIPIENT

1. Individual Rights
are those rights being accorded to individuals

2. Collective Rights
are those rights of the Society, that can be
enjoyed only in company with others.
e.g – The Right to Peace and Development, the
Right to Self Determination

22
 CLASSIFICATION OF RIGHTS

ACCORDING TO DEROGABILITY

1. Non-derogable/Absolute Rights
2. Derogable/Relative Rights

22
CLASSIFICATION OF RIGHTS

ACCORDING TO ASPECT OF LIFE

1. Civil Rights
2. Political Rights
3. Economic Rights
4. Social Rights
5. Cultural Rights

22
5 CATEGORIES OF RIGHTS

SOCIAL RIGHTS
 Civil and Political Rights (CPR)
(Hands off Policy by the Government )

Civil Rights
are those that the law will enforce at the
instance of private individuals for the
purpose of securing them the enjoyment or
their means of happiness.
THE RIGHT TO LIFE
THE RIGHT TO HAVE A NAME AND
NATIONALITY
THE RIGHT TO MARRY AND FOUND A FAMILY
THE RIGHT TO TRAVEL
THE RIGHT AGAINST TORTURE
THE RIGHT TO EQUALITY BEFORE
THE LAW
THE RIGHT TO DUE PROCESS
 Civil and Political Rights (CPR)
(Hands off Policy by the Government )

Political Rights
are those rights which enable us to
participate in running the affairs of the
government, either directly or
indirectly.
THE RIGHT TO VOTE
Economic Social & Cultural Rights (ESCR)
(Hands on Policy by the Government)

Economic and Social Rights

are those which the law confers upon the
people to enable them to achieve social
and economic development, thereby
ensuring them their well-being,
happiness and financial security.
THE RIGHT TO EDUCATION
THE RIGHT TO ADEQUATE FOOD
THE RIGHT TO CLEAN WATER
THE RIGHT TO HEALTH
THE RIGHT TO SHELTER
THE RIGHT TO WORK
Economic Social & Cultural Rights (ESCR)
(Hands on Policy by the Government)

Cultural Rights
are those rights that ensure the well-
being of the individual and foster the
preservation, enrichment and dynamic
evolution of national culture based on
the principle of unity in diversity in a
climate of free, artistic and intellectual
expression
CULTURAL RIGHTS
 List of Rights

Hands on Policy (Hands off Policy

by the Gov’t. by the Gov’t)

▪ Right to work ▪ Right to Life

▪ Right to Political
▪ Right to Food Participation
▪ Right to Access to Justice
▪ Right to Health ▪ Equal Right of Men and
▪ Right to Housing Women
▪ Freedom of Movement
▪ Right to Water ▪ Freedom of Thought,
▪ conscience and Religion
▪ Right to Education ▪ Freedom of Peaceful
Assembly
 CPR vs. ESCR
ECONOMIC SOCIAL AND
CIVIL AND POLITICAL RIGHTS
CULTURAL RIGHTS
✓ Objective is to ensure ✓ Objective is to ensure
freedom equality
✓▪ Basic Role of the State: ✓
▪
Basic Role of the State:
Non-interference (ICCPR) Interference (ICESCR)
✓ Cost-free (individual ✓ Resources required
freedom) (welfare)
▪
✓▪ Justiciable ✓ Political or programmatic
✓ Unconditional ✓ Progressive implementation
✓ Absolute ✓ Relative
✓ Responsive to changing
✓ Immediate
condition
Human rights are enumerated in many
international documents, the Philippine
Constitution and numerous National
Special laws.
Each of the several International and
National documents enumerate many
human rights which could be summed
up into three basic rights. The right to
life, to dignity and to self-
development (Art III, Sec 1: Rights to
Life, Liberty and Property)
 PANTHER
Human Rights-Based Principles
PARTICIPATION
kasali, pagsali, kaanib

the process of
sharing decisions
which affect one’s
life and the life of
the community in
which one lives.
Ladder of Participation
by Sociologist Roger Hart
8. citizen’s initiated, shared

Degree of participation
decisions with leaders

6. Leaders-initiated shared
with citizens
Genuine
Participation
5. Consulted and informed

4. Assigned but informed

3. Tokenism

2. Decoration
Non- Participation
1. Manipulation
ACCOUNTABILITY
Pananagutan

The authority of
government is based
on the will and
consent of the
people. Thus, it must
be answerable to
those it governs and
responsible for all its
decisions and
actions.
NON-DISCRIMINATION
walang pagtatangi

All persons are entitled

to human rights, without
distinction of any kind,
exclusion, restriction or
preference based on
race, color, gender,
language, disability, age,
religion, political or
other opinion, national
or social origin,
property, birth, other
status.
TRANSPARENCY
hayag; walang itinatago

People must be able to see

openly into all activities of
government.
Transparency involves full,
free and public disclosure
of decisions, policies,
rules, etc. Information
must be freely available
and directly accessible to
those who will be affected
by public decision and
enforcement.
HUMAN DIGNITY
Makataong dignidad

requires that
people be
treated in a
dignified way
EMPOWERMENT
sigasig

The people has the

power to act for
and on their behalf
to claim their
rights.
RULE OF LAW
Patakaran ng batas

requires that
every member of
society,
including
decision-makers,
must comply
with the law.
 Human Rights Obligations
Duty-bearer’s obligation to

Respect Protect Fulfill

refrain from adopt appropriate

prevent others from
interfering with the measures towards
enjoyment of the
interfering with the full realization of the
right enjoyment of a right right
State Obligations
(of duty-bearers)

Duty to Respect
❑ requires the state to abstain from doing anything
that violates the integrity of the individual or
infringes on the individual’s freedom.
❑ forbids the state to act in any way that directly or
indirectly encroaches upon recognized rights and
freedoms.
❑ In essence, it is a prohibition against state
interference.
❑ must ensure that all state bodies do not violate
human rights
State Obligations
(of duty-bearers)
Duty to Protect
❑ compels the state to take steps to prohibit others
from violating recognized rights and freedoms.
❑ binds the state from taking any measures that
would erode the legal and practical status of human
rights, and imposes upon states the duty to act to
preclude further deprivation.
❑ places sufficient legal and policy emphasis on the full
realization of human rights through a series of active
measures, including the guarantee of access to legal
remedies for any infringement caused by a third party.
State Obligations
(of duty-bearers)
Duty to Fulfill
❑ Obligation to Facilitate
✓ requires the state to actively create conditions aimed
at achieving full realization of human rights.
✓ requires States to take appropriate legislative,
administrative, budgetary, judicial and other
measures towards the full realization of human rights.
❑ Obligation to Provide
✓ When individuals or groups are unable to realize their
rights by the means at their disposal, for reasons
beyond their control, the state has the obligation to
provide the right in question.
Who are parties to
the Human Rights
Treaties?
 Table of Rights, Normative Contents and State Obligations
STATE OBLIGATIONS
Identified Normative
Right Content Fulfill
Respect Protect
(Facilitate)
ESCR Food Availability ✓ Create effective ✓ impose price ceilings ✓ monitor food
Right to -Quantity and legal remedies on basic foods prices and
adequat e quality sufficient for violations of ✓ set and enforce study impact
food to meet dietary right to food standards in on family
needs of ✓ Not to set up grading, sampling, income.
individual food blockades tests, analysis, code ✓ include
✓ Not to destroy of practice, consumer
Food agricultural advertising and education in
Acceptability fields, crops, packaging of food. schools.
-In ways that are livestock, ✓ regularly conduct ✓ support
sustainable and do drinking water, hygienic and appropriate
not interfere with irrigation, sanitary inspections technology and
other rights infrastructure of all food products research into
and sellers. agriculture,
✓ Investigate and aquaculture
prosecute food and fisheries.
hoarders, food ✓ invest in
carters, food agriculture
profiteers
 Table of Rights, Normative Contents and State Obligations

STATE OBLIGATIONS
Identified Normative
Right Content Fulfill
Respect Protect
(Facilitate)
Right to Education Availability no resort to Adopt and Promote value of
Education sufficient quantity of corporal implement strict education for girls
functioning educational punishment policies against and boys
institutions and sexual harassment
programs. no tolerance for in schools. ensure curricula
bullying meets aims of
Education Accessibility Ensure proper education
functioning educational Adopt & lighting in and
institutions and implement strict around schools Afford education
programs with safe policies against with the highest
physical reach, sexual hire teachers budgetary priority
affordable to all subject. harassment in competent in
schools subjects they teach
Education
Acceptability relevant, regularly monitor
culturally appropriate and education quality
good and good quality across all
form and substance of geographic regions
education including
curricula and teaching
methods
 Table of Rights, Normative Contents and State Obligations

STATE OBLIGATIONS
Identified Normative
Right Content Fulfill
Respect Protect
(Facilitate)
CPR Fair, free, periodic, ensure adopt positive presence of a
Right to genuine election, sacredness of measures to wide range of
Political ballots through ensure full fundamental
participation Equal access to honest, participation of rights such as
public services peaceful, and disadvantaged freedom of
meaningful and vulnerable assembly and
The will of the elections groups association,
people as the basis individually or security of
of government collectively movement,
authority freedom from
intimidation.
 Reasons for the Promotion of
Human Rights

Then PNP must promote and protect

human rights because this task lies at the
very core of maintaining peace and
order, ensuring public safety, and
upholding the rule of law in the
country.
It can be said that Human Rights
Protection is the first business of policing.
 According to the 1997 Human Rights and Law
Enforcement Training Manual published by the
United Nations High Commissioner on Human
Rights, cases of human rights abuses and ill-
treatment:

➢ Adversely affect public trust and confidence

towards the police;
➢ Lead to isolation of the police from the
community and civil unrest
➢ Hamper effective prosecution of criminals;
➢ Let those who are guilty remain free while
making the innocent unjustly suffer;
➢ Delay or deny justice to be given to victims of
the crime and their families;
➢ Subject the police and the other government
agencies to local and international criticism and
possible sanctions; and
➢ Make the law enforcer a law breaker.

Thus, the pressing need for the PNP to pursue

vigorously the implementation of policies,
mechanisms, and programs on human rights-
based policing.
WHO ARE CONSIDERED VULNERABLE?

1. Children
2. Women
3. Persons With Disabilities (PWDs)
4. Senior Citizens
5. Internally Displaced Persons (IDPs)
6. Indigenous Peoples (IPs)
7. Migrant Workers
 Vulnerable Sectors
10 Minutes group activity

❖ Gumawa ng 7 grupo na kumakatawan ng 7 vulnerable

sectors.
❖ Mag-assign ang bawat grupo ng facilitator, secretary at
reporter.
❖ Magbigay ng mga karapatang pantao ng bawat
vulnerable sector (at least 5) na dapat nilang matamasa
(ma-enjoy).
❖ Sa mga paanong paraan upang mabigyan ng paggalang,
proteksyon at katuparan ang kanilang mga karapatan?
❖ Ipaliwanag ng bawat grupo ang kanilang ginawa.
CHILDREN
12
2
Children
❑ Right to life
❑ Right to be born, to a name and nationality
❑ Right to health
❑ Right to be cared for by parents
❑ Right to adequate food, shelter and clothing
❑ Right to basic education

❑ Right to be protected from

discrimination
❑ Right to freedom of expression

❑ Right to freedom of thought, conscience

and religion
❑ Right to useful and
wholesome information
❑ Right to freedom of association
and peaceful assembly
❑ Right to be protected from
abduction and sale
❑ Right to be protected from war
❑ Right to be protected by law
from drug abuse
❑ Right to be protected by law from
physical abuse and degrading
treatment
❑ Right to be adopted if for best
interest
❑ Right to dignity and worth even
when in conflict with the law
❑ Right to enjoy a full decent life
even when mentally or physically
handicapped
❑ Right to rest and to play
126
12
7

WOMEN
Besides the all the basic human rights a
human being possesses, women do have
rights peculiar to them or those which, by
discrimination/exclusion, were not available
to them before.. Among others:
❑ bodily integrity and autonomy
❑ vote (universal suffrage), and to hold
public office
❑ participate in the formulation of public
policy
❑ work; fair wages or equal pay;
❑ own property and to enter into legal
contracts;
❑ education;
❑ serve in the military; and
❑ to have marital, parental and religious
rights

129
 13
0

PERSONS WITH DISABILITIES

(PWDS)
➢ PWDs refer to any individual unable to
ensure himself or herself, wholly or
partly, the necessities of a normal
individual and/or social life as a result of
an impairment, either congenital or not,
in his/her physical or mental capabilities.
➢ They comprise the orthopedically
handicapped, visual or hearing-impaired,
mentally ill and retarded, the multi-
handicapped and those with general
learning disabilities. bodily integrity and
autonomy
❑ Right to proper medical care;
❑ Right to gainful employment;
❑ Right to quality education, training
and rehabilitation, harnessing their
maximum potentials;
❑ Right to live with his or her family or
poster parents;
❑ Right to a qualified guardian when
required to protect his personal well
being and interest;

133
❑ Protection from exploitation, abuse, and
discrimination/degrading treatment;
❑ Right to join trade unions and other
organizations and/or self-help groups;
❑ Right to participate in all social recreational
activities.
 13
5

ELDERLY
Privileges of Senior Citizens
(a) the grant of twenty percent (20%) discount and
exemption from the value –added tax (VAT), if
applicable, on the sale of the following goods
and services from all establishments, for the
exclusive use and enjoyment or availment of the
senior citizen;
(b) exemption from the payment of individual
income taxes of senior citizens who are
considered to be minimum wage earners;
(c) the grant of a minimum of five percent (5%)
discount relative to the monthly utilization of
water and electricity supplied by the public
utilities;
d) exemption from training fees for
socioeconomic programs;
e) the DOH shall administer free
vaccination against the influenza virus
and pneumococcal disease for
indigent senior citizen patients;
f) educational assistance to senior
citizens to pursue pot secondary,
tertiary, post tertiary, vocational and
technical education, as well as short-
term courses;

137
g) retirement benefits of retirees from both the
government and the private sector;
h) provision of express lanes for senior citizens
in all commercial and government
establishments; in the absence thereof,
priority shall be given to them;

i) death benefit assistance

of a minimum of Two
thousand pesos
(Php2, 000.00)

138
INTERNALLY DISPLACED
PERSON
WHO IS AN IDP?
“An IDP is a persons or groups of persons who
have been forced or obliged to flee or to leave their
homes or places of habitual residence, in particular
as a result of or in order to avoid the effects of
armed conflict, situations of generalized violence,
violations of human rights or natural or human-
made disasters, and who have not crossed an
internationally recognized State border.

140
Right Against Arbitrary
Displacement
▪ When it is used as a collective punishment.
▪ Displacement shall last no longer than
required by the circumstances.
▪ Exploration of all avenues to avoid
displacement, taking of all measures to
minimize displacement and its adverse effects.
▪ Provision of proper accommodations to IDPs,
on satisfactory conditions of safety, nutrition,
health and hygiene, and that members of the
same family are not separated.
141
INDIGENOUS PEOPLE
Right to Ancestral Domain
a. Right to Ancestral Land
b. Right to Ownership
c. Right to Land and Natural Resources
d. Right to Stay in the Territories
e. Right in Case of Displacement
f. Right to Regulate Entry of Migrants
g. Right to Safe and Clean Air and Water
h. Right to Claim Parts of Reservation
i. Right to Resolve Conflict
Right to Self-Governance and Empowerment
a. Right to Participate in Decision making
b. Right to Determine and Decide Priorities for
Development

Social Justice and Human Rights

a. Equal Protection
b. Freedom from Discrimination and Right to Equal
Opportunity and Treatment

144
CULTURAL DIVERSITY
a. Protection of Indigenous Culture
b. Educational Systems
c. Rights to Religious, Cultural Sites and Ceremonies
d. Right to Indigenous Knowledge Systems and Practices
and to Develop own Sciences and Technologies
e. Sustainable Agro-Technical Development

145
 14
6

MIGRANT WORKERS
RIGHT OF MIGRANT WORKERS
❑ Basic Freedoms
❑ Due process
❑ Employment
❑ Family and Children of Migrant Workers
❑ Cultural and Economic Rights
❑ Information

147
Basic Freedom

 Right to freedom of movement to and from

their countries of origin;
 Right to life;
 Right to freedom from torture or cruel,
inhuman or degrading treatment or
punishment ;
 Right to freedom from slavery, servitude or
forced compulsory labor;
 Right to freedom of thought,
expression, conscience and religion;
 Right to privacy;
 Right to property;
Due Process

 Right to a fair and public hearing with all the

guarantees of a due process;
 Right to be provided with necessary legal
assistance, interpreters and information in an
understood language;
 Right to liberty and security and freedom from
arbitrary arrest or detention
 Right to be presumed innocent until proved
guilty;
 15
1

 Prohibition to be subjected to measures of

collective expulsion;
 Right to have recourse to diplomatic or consular
assistance and protection;
 Right to recognition everywhere as a person before
the law ;
 Right to equality with nationals before the courts
and tribunals.
Employment

 Right of equal treatment with nationals in respect

to remuneration and other conditions of work
such as overtime, holidays, etc.;
 Right to join freely any trade union;
 Right to enjoy the same treatment as nationals
regarding social security benefits in so far as they
fulfill the legislation requirements;
 Right to emergency medical care
 Right to form associations and trade unions in the
State of employment;
 The right to equality of treatment with nationals
in respect of protection against dismissal,
unemployment benefits and access to alternative
employment;
 In case of violations of work contracts by the
employer, the right to address his/her case to the
competent authorities of the State of employment
Family and Children of Migrant
Workers

 Right to a name,
registration of birth
and nationality;
 Right of access to
education ;
Cultural and Economic
Rights

 Right to preserve a cultural identity;

 Right to transfer earnings and savings upon the
termination of their stay in the State of
employment.
 Right to enjoy from export and import taxes;
 The right to equality of treatment with nationals
of the State of employment, including access to
educational, vocational and social services
Information

 Right to information by the State of origin, State

of employment, or the State of transit of their
rights arising from the present Convention, the
conditions of their admission, and their rights
and obligations in those States;

 Right to information, including all conditions

concerning their stay and their remunerated
activities.
The following guidelines and suggested
action items can guide police
commanders and personnel on how to
apply human rights-based policing to
serve the poor, vulnerable, and
marginalized sectors.
(PNP Guidebook in
Human Rights-Based Policing)
 Guidelines / Suggested
Action Items:
a. All PNP personnel must
have basic knowledge about
laws, policies, and programs
concerning the poor,
vulnerable, and marginalized
sectors.
b. Police personnel must ensure
that indigent individuals are
informed about their rights under
the law. Police personnel are
directly responsible for informing
indigent individuals about their
right to counsel or to the free
services of a lawyer, specifically
those from the Public Attorney’s
Office (PAO).
c. All police stations must have
structural adjustments to cater to
the needs of persons with
disabilities (PWDs), as required by
law. For example, police stations
including headquarters and other
PNP facilities must have ramps and
other facilities to assist persons
who use wheelchairs.
d. Research and development of
appropriate doctrines, plans, strategies,
and procedures are needed to enhance
police services with the goal of meeting
the unique needs of the blind, deaf-
mute, and other PWDs. For example,
how can a police investigator effectively
conduct an investigation, record a
complaint, or provide assistance to a
person or complainant who is blind or
deaf-mute?
e. Whenever necessary, coordinate
with the local DSWD officer in
order to attend to the needs of
senior citizens or the elderly,
persons with
mental/psychological conditions,
and minors especially orphans
and street children.
f. Coordination with the national/local office
of the National Commission on
Indigenous Peoples (NCIP) may be
necessary to effectively address situations
or instances where the complainant is a
member of an indigenous group or
community. This is very relevant in cases
of alleged incursions into the ancestral
domain of indigenous peoples (IPs); acts
of discrimination and abuse against IPs;
and other acts that violate the dignity and
rights of indigenous communities.
g. Police commanders and personnel in-
charge of Police Community Relations
(PCR) are encouraged to develop profiles
or reports on the vulnerability of the poor,
elderly, women and children, indigenous
peoples, and other disadvantaged
persons/groups in their jurisdiction. The
said profile or report should serve as basis
of action plans that can be implemented by
the concerned PNP unit/office.
For example, a PCR plan must be developed in
order to establish good relations and
communication lines with leaders and
members of urban poor organizations in a
particular area. This is important especially in
situations when the police must be deployed in
informal settlements or areas that will be
subjected to lawful eviction and/or demolition
based on a valid court order. Good PCR and
communication lines could prevent
unnecessary public disturbance or violence in
those situations.
Thank
you!