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Human Rights-Based Policing Overview

The document discusses human rights and human rights-based policing. It begins by defining human rights as the basic rights and freedoms that all humans have, regardless of personal attributes. It then lists the 30 universal human rights as defined by the UN. The document emphasizes that respecting human rights is essential for policing, as the role of police is first and foremost to protect citizens' rights. It introduces the concept of human rights-based policing and provides guidelines for police to ensure their practices respect international human rights standards.

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James Bugayong
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100% found this document useful (1 vote)
684 views5 pages

Human Rights-Based Policing Overview

The document discusses human rights and human rights-based policing. It begins by defining human rights as the basic rights and freedoms that all humans have, regardless of personal attributes. It then lists the 30 universal human rights as defined by the UN. The document emphasizes that respecting human rights is essential for policing, as the role of police is first and foremost to protect citizens' rights. It introduces the concept of human rights-based policing and provides guidelines for police to ensure their practices respect international human rights standards.

Uploaded by

James Bugayong
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

HUMAN RIGHTS-BASED POLICING

I. WHAT ARE HUMAN RIGHTS?


• Definition of Human Rights
• 30 Universal Human Rights
• Why the PNP must Promote and Protect Human Rights
• Constitutional and Legal Bases of Human Rights Protection
• PNP Doctrine, Policies, and Issuances on Human Rights

II. WHAT IS HUMAN RIGHTS-BASED POLICING?


• Definition and Characteristics of Human Rights-Based Policing

III. 10 INTERNATIONAL HUMAN RIGHTS STANDARDS FOR LAW ENFORCEMENT


1. Equal Protection
2. Respectful Treatment
3. Use of Force
4. Policing Non-Violent Assemblies
5. Use of Lethal Force
6. Arresting Persons on Legal Grounds
7. Detainees’ Rights
8. Humane Treatment of Detainees
9. Refusal to Obey Unjust Orders
10. Reporting Violations

IV. ADDITIONAL GUIDELINES FOR SELECTED POLICE INTERVENTIONS


1. Foot and Mobile Patrols
2. Protocols in Citizen Contact
3. Police Checkpoint
4. Search and Seizure
5. Arrests with Warrant
6. Arrests without Warrant
7. Custodial Investigation
8. Detention
9. Crowd Control / CDM Operations
10. Declaring a Crime Scene or a Critical Incident Area

ANNEX A POLICE STATION CHECKLIST ON


HUMAN RIGHTS-BASED POLICING
ANNEX B HUMAN RIGHTS DESK BASIC OPERATIONAL PROCEDURES
RECEIVING / TAKING ACTION ON REPORTS OF
ALLEGED HUMAN RIGHTS VIOLATIONS
ANNEX C USE OF FORCE CONTINUUM

PART I
WHAT ARE HUMAN RIGHTS?
The subject of “Human Rights” is one of the most pressing issues faced by the
Philippine National Police today. Alleged human rights violations by erring police
personnel had made discussions about human rights a source of discomfort within
police circles. Some had even mistakenly dismissed human rights as a mere
propaganda tool used by enemies of the State to denounce the police and military. If
understood in the proper context, the promotion and protection of human rights is at the
very core of policing. The enforcement of laws and the maintenance of peace and order
are, first and foremost, about protecting the rights of citizens. For example, police patrol
the streets to deter criminals from committing robbery or theft. These crimes violate
another person’s right to property ownership. Or whenever a police checkpoint is set up,
it is essentially about promoting the community’s right to have a safer place to work or
live in --- and not just about establishing a security cordon.

Still, many in the PNP are asking:

“What exactly are human rights?”

Definition of Human Rights

Human Rights refer to the “basic rights and freedoms that all human beings have.”
rights
ALL OF US HAVE RIGHTS…
REGARDLESS OF NATIONALITY, PLACE
OF RESIDENCE, SEX, NATIONAL OR ETHNIC
ORIGIN, SKIN COLOR, RELIGION, LANGUAGE,
ECONOMIC SITUATION OR ANY OTHER STATUS.

Rights are inherent to all human beings, regardless of nationality, place of


residence, sex, national or ethnic origin, color, religion, language, or any other status.
We are all equally entitled to our human rights without discrimination. These rights are
all interrelated, interdependent and indivisible. (United Nations High Commissioner on
Human Rights)

According to the Universal Declaration of Human Rights (UDHR) proclaimed by


the United Nations General Assembly in December 10, 1948: “All human beings are
born free and equal in dignity and rights. They are endowed with reason and
conscience and should act towards one another in a spirit of brotherhood.”

At the international level, human rights are often defined, expressed, or


guaranteed by law in the form of treaties, conventions, customary international law,
general principles, and other legal instruments recognized by almost all States,
specifically the 192 sovereign countries that belong to the United Nations. International
human rights law also obliges Governments to act in certain ways or to refrain from
certain acts, in order to promote and protect human rights and fundamental freedoms of
individuals or groups. These obligations are intended to prevent abuse of authority by
agents of government.
It is important to note that respect for human rights remains inviolable over the
performance of police duties and functions unless it is proven that the exercise of
certain rights run counter to the requirements of morality, law and public order, and the
general welfare of the people. Moreover, no one needs to give you these rights and no
one is supposed to take them away or deprive you of these rights. Everywhere you go,
your rights must be respected even as you respect the rights of others.

30 Universal Human Rights

Written below are the 30 Human Rights that all persons have. These rights must
be respected at all times, anywhere in the world (thus, they are universal):

1. All human beings are born free and equal in dignity and rights.

2. Everyone is entitled to rights and freedoms without distinction of any kind, such as
race, color, sex, language, religion, political affiliation or opinion, national or social
origin, property, birth or any other status.

3. Everyone has the right to life, liberty and security of person.

4. No one shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms.

5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or


punishment.

6. Everyone has the right to recognition everywhere as a person before the law.

7. All are equal before the law and are entitled without any discrimination to equal
protection of the law.

8. Everyone has the right to an effective remedy by the competent national court for
acts violating the fundamental rights granted him by the constitution or by law.
3
9. No one shall be subjected to arbitrary arrest, detention or exile.

10. Everyone is entitled in full equality to a fair and public hearing by an independent
and impartial court, in the determination of his rights and obligations and of any criminal
charge against him.

11. Everyone charged with a penal offense has the right to be presumed innocent until
proved guilty.

12. No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, or to attacks upon one’s honor and reputation.
13. Everyone has the right to freedom of movement and residence within the borders of
each State.

14. Everyone has the right to seek and to enjoy in other countries asylum from
persecution.

15. Everyone has the right to a nationality.

16. Men and women of full age, without any limitation due to race, nationality or religion,
have the right to marry and to have a family.

17. Everyone has the right to own property alone as well as in association with others.
No one shall be arbitrarily deprived of his property.

18. Everyone has the right to freedom of thought, conscience and religion.

19. Everyone has the right to freedom of opinion and expression.

20. Everyone has the right to freedom of peaceful assembly and association. No one
may be compelled to belong to an association.

21. Everyone has the right to take part in the government of his country, directly or
through freely chosen representatives. The will of the people shall be the basis of the
authority of government.

22. Everyone, as a member of society, has the right to social security and is entitled to
realization, through national effort and international co-operation and in accordance with
the organization and resources of each State, of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality.

23. Everyone has the right to work, to free choice of employment, to just and favorable
conditions of work and to protection against unemployment.

24. Everyone has the right to rest and leisure, including reasonable limitation of working
hours and periodic holidays with pay.

25. Everyone has the right to a standard of living adequate for the health and well-being
of himself and of his family, including food, clothing, housing and medical care and
necessary social services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood in circumstances
beyond his control.

26. Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be compulsory.
27. Everyone has the right freely to participate in the cultural life of the community, to
enjoy the arts and to share in scientific advancement and its benefits.
28. Everyone is entitled to a social and international order.

29. Everyone has duties to the community in which alone the free and full development
of his personality is possible. In the exercise of his rights and freedoms, everyone shall
be subject only to such limitations as are determined by law solely for the purpose of
securing due recognition and respect for the rights and freedoms of others and of
meeting the just requirements of morality, public order and the general welfare in a
democratic society.

30. No state, group or person must engage in any activity or perform any act aimed at
the destruction of any of the universally recognized rights and freedoms.

Why must the PNP promote and protect human rights?

The 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.

Common questions

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Equality and non-discrimination are foundational principles in the implementation of international human rights standards for law enforcement. The principle of 'Equal Protection' ensures that everyone is entitled to these rights and freedoms without distinction of any kind, such as race, color, sex, language, religion, or national or social origin . Law enforcement agencies are required to treat all individuals fairly and equally before the law, thereby preventing any form of prejudice or discrimination in their duties. This means that policies, practices, and operations must be crafted in a manner that respects and promotes these principles, upholding dignity and fairness in all interactions with the public.

Police officers have both legal and ethical duties to respond diligently and impartially to allegations of human rights violations. They are responsible for ensuring that any such allegations are thoroughly investigated, with due process being followed to assess the validity of the claims . Legal obligations mandate that officers adhere to principles of accountability and transparency, ensuring that any misuse of power or authority is addressed appropriately. Ethically, officers must act in a manner that respects the rights and dignity of all individuals, avoiding any form of retaliation or injustice against complainants. Agencies often have specific procedures, such as human rights desks, to facilitate these processes and uphold the department's integrity .

The right to dignity and freedom from inhumane treatment greatly impacts custodial investigation procedures by dictating humane and respectful treatment of individuals held in custody. This right requires that law enforcement ensure safe and humane conditions, prohibiting any form of torture, harsh tactics, or degrading treatment during interrogations . These standards are meant to preserve the dignity of detainees, regardless of the offense or suspicion, by guaranteeing them humane conditions and respectful interactions. This impacts custodial practices by necessitating regular oversight, clear protocols, and training on ethical treatment and rights protections . Additionally, it emphasizes the need for effective complaint mechanisms to address and rectify any breaches of this right.

Law enforcement might face challenges such as ensuring the proportionality and necessity of force, maintaining public order without infringing on the right to peaceful assembly, and managing large groups with varying intentions and behaviors . Mitigating these challenges requires clear guidelines on minimum force application, emphasizing negotiation and de-escalation tactics. Training officers to distinguish between peaceful and non-peaceful elements within a crowd can help prevent blanket responses that infringe on rights . Proper planning and coordination with community leaders can improve communication and trust, while after-action reviews can ensure that practices are continually refined to meet human rights standards. Continuous public engagement and transparency about operation intentions and parameters can also enhance accountability.

International human rights laws profoundly shape the actions and policies of national police forces by setting binding standards that must be integrated into domestic laws and practices. These standards are outlined in treaties, conventions, and general principles that require governments, including their policing agencies, to enforce laws protecting individual rights and freedoms . This includes ensuring fair treatment, protecting against torture and inhuman treatment, and providing remedies for rights violations. National police forces are thus obligated to create policies that reflect these international norms, developing procedures and training programs that prioritize human rights protection and accountability mechanisms . These international obligations help to prevent abuse of authority and promote ethical policing.

Human rights-based policing enhances the police-community relationship by fostering trust and cooperation. By aligning law enforcement practices with human rights principles, such as the protection of life, liberty, and security, the PNP can show its commitment to upholding citizens' rights . This approach requires respecting individuals' dignity and rights in all policing activities, thus minimizing confrontations and building public confidence in the police's dedication to protecting rights . Community members are more likely to support and assist police efforts when they perceive them as fair and just, strengthening collaborative efforts in maintaining peace and security.

The refusal to obey unjust orders is crucial in maintaining human rights standards in law enforcement because it prevents the abuse of power and ensures that actions taken by police are lawful and ethical. Obeying unjust orders could lead to violations of fundamental rights such as arbitrary arrest, detention, or the use of excessive force, thus undermining the legal and moral obligations of law enforcement personnel . By refusing such orders, officers prioritize their duty to uphold justice and protect human dignity, preventing potential human rights abuses and fostering an internal culture of accountability and integrity .

The interdependence and indivisibility of human rights imply that police practices must recognize and uphold all rights equally without prioritizing one over another. This means that protecting one's right to security must not infringe on another's right to freedom of assembly or privacy . Law enforcement must adopt a holistic approach, ensuring that actions taken in the name of security do not compromise other fundamental rights. This perspective requires comprehensive policies that address the wide spectrum of human rights in policing activities, reflecting the complexity and interconnected nature of these rights . It also emphasizes the necessity for officers to be well-trained in identifying and balancing potential conflicts of rights during their duties.

Human rights desks in law enforcement agencies are an effective mechanism for addressing human rights violations, as they provide specialized infrastructure for the reception and investigation of such complaints. These desks ensure focused attention on human rights issues, creating a point of accountability and transparency within the police force . Their effectiveness lies in their capacity to act independently and objectively, offering victims a direct line for redress and ensuring that allegations are allowed due process. They empower agencies to educate personnel on human rights standards, thus fostering a culture of human dignity and legal compliance. However, their success depends on adequate resources, authority, and commitment from higher management to enforce their recommendations and uphold justice .

The principle of 'no arbitrary arrest or detention' is a fundamental safeguard in protecting human rights within policing activities. It prevents the misuse of power by ensuring that any arrest or detention must be grounded in legal justification and not on personal biases or without evidence . This principle reinforces the rule of law and helps maintain public trust in the justice system by ensuring fairness and preventing abuses such as unlawful detention and intimidation. Adherence to this principle requires that law enforcement operate transparently, with clear procedures and accountability mechanisms to prevent violations and ensure that due process rights are respected at every stage .

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