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LESSON PROPER
FOUNDATION OF HUMAN RIGHTS
The foundation of human rights rests on the principle that all individuals are
inherently equal in dignity and rights, regardless of background, location, or
beliefs. These rights are considered universal, inalienable, indivisible,
interdependent, and interrelated. The Universal Declaration of Human Rights
(UDHR), adopted in 1948, is widely regarded as the cornerstone of
international human rights law and has inspired numerous legally binding
treaties.
Importance Of Human Rights to Law Enforcement
Policing is at the heart of a broad spectrum of human rights discourses.
This has been apparent for many of those working on civil and political
rights who have generally targeted police as human rights violators.
However, policing also has a direct relevance to economic, social and
cultural rights. Police can and should play an important role in ensuring a
safe environment in which individuals can seek to realize their full range
of rights – be they social and economic or civil and political.
PNP Vision – Imploring the aid of the Almighty, by year 2030, we shall be a
highly capable, effective and credible police service working in partnership
with a reasonable community towards the attainment of a safer place to live
work and do business.
PNP Core Value – Service, Honor, and Justice
PNP Motto – We Serve and Protect.
PNP Mission - To enforce the law, to prevent and control crimes, to
maintain peace and order, and to ensure public safety and internal security
with the active support of the community.
The human rights framework protects civil. Political, economic, social, and
cultural rights. But no matter what kind of right is at issue, there are basic
principles that are always part of human rights standards and
implementation. These principles include:
Ten (10) International Human Rights Standards for Law Enforcement
Basic Standard 1: EQUAL PROTECTION
Everyone is entitled to equal protection of the law, without
discrimination on any grounds, and especially against violence and
threat.
Be especially vigilant to protect potentially vulnerable groups such as
children, the elderly, women, refugees, displaced persons and
members of minority groups.
For the implementation of Basic Standard 1 it is of great importance
that police officers at all times fulfill the duty imposed on them by law,
by serving the community and protecting all persons against illegal
acts, consistent with the high degree of responsibility required by their
profession. They must promote and protect human dignity and
maintain and uphold the human rights of all people.
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Basic Standard 2: RESPECTFUL TREATMENT
Treat all victims of crime with compassion and respect, and in
particular protect their safety and privacy.
Victims are people who have suffered harm, including mental and
physical injury, emotional suffering, economic loss or substantial
impairment of their fundamental rights through acts or omissions that
are in violation of criminal law.
Basic Standard 3: USE OF FORCE
Do not use force except when strictly necessary and to the minimum
extent required under circumstances.
The implementation of Basic Standard 3 involves, among other things,
that Police officers, in carrying out their duty, should apply non-violent
means as far as possible before resorting to the use of force. They may
use force only if other means remain ineffective.
Basic Standard 4: POLICING NON-VIOLENT ASSEMBLIES
Avoid using force when policing unlawful but non-violent assemblies,
use force only to the minimum extent necessary.
Everyone is allowed to participate in peaceful assemblies, whether
political or non-political, subject only to very limited restrictions
imposed in conformity with the law and which are necessary in a
democratic society to protect such interests as public order and public
health.
Basic Standard 5: USE OF LETHAL FORCE
Lethal force should not be used except when strictly unavoidable in
order to protect your life or the lives of others. Maybe used only in the
following situation:
1. Self-defense,
2. defense of a stranger or a family and in the performance of lawful
duty (PNP Police Operational Procedures 2013)
Basic Standard 6: ARRESTING PERSONS ON LEGAL GROUNDS
Arrest no person unless there are legal grounds to do so, and the
arrest is carried out in accordance with lawful arrest procedures.
To make sure that an arrest is lawful and not arbitrary, nor delay, it is
important that the reasons for the arrest and the powers and identity
of arresting officers are known.
Basic Standard 7: DETAINEES’ RIGHTS
Ensure all detainees have access promptly after arrest to their family
and legal representative and to any necessary medical assistance.
Compliance with RA 9745 or the Anti-Torture act and Rights of a
person under custodial investigation should be properly observed (RA
7438).
Basic Standard 8: HUMANE TREATMENT OF DETAINEES
All detainees must be treated humanely. Do not inflict, instigate or
tolerate any act of torture or ill-treatment, in any circumstances, and
refuse to obey any order to do so.
Basic Standard 9: REFUSAL TO OBEY UNJUST ORDERS
Do not carry out order or cover up extrajudicial killings or “enforced
disappearances”, and refuse to obey any order to do so.
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No one should be arbitrarily or indiscriminately deprived of life. An
extrajudicial killing is an unlawful and deliberate killing carried out by,
or on the order of, someone at some level of government, whether
national, state or local, or with acquiescence.
Basic Standard 10: REPORTING VIOLATIONS
Report all breaches of these Basic Standards to your senior officer and
to the office of the public prosecutor. Do everything within your power
to ensure steps are taken to investigate these breaches.
All violations of human rights by the police or other law enforcement
personnel, including any breaches of these Basic Standards, should be
investigated fully, promptly and independently.
PROFESSIONALISM
A set of internalized character strengths and values, high quality
service to others, show of self-respect, commitment to excellence,
adherence to high standard of behavior, see work as service to others,
high level of responsibility and respect to others’ rights.
