HUMAN

OBE-Based

RIGHTS
EDUCATION
A Course Module for Students

Burauen Community College

For Internal Use Only

R.R.Pedere ‖ Human Rights Education

Human Rights
Education
A Course Module for Students

Burauen Community College

Written and Designed by

Ronalee R. Pedere, RCrim

Faculty – College of Criminal Justice Education

R.R.Pedere ‖ Human Rights Education

R.R.Pedere ‖ Human Rights Education
 ii

Human Rights Education

A Course Module for Students

Burauen Community College

Printed in Burauen, Leyte

© 2023

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R.R.Pedere ‖ Human Rights Education

 iii

COURSE OUTLINE

Human Rights Education

PRELIMS

I. THE CONCISE HISTORY OF HUMAN RIGHTS

A. History of Human Rights
1. The Magna Carta
2. Petition of Rights
3. Declaration of the Rights of Man and of the Citizen
4. The Geneva Convention
5. The United Nation

II. THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

MIDTERM

I. HUMAN RIGHTS PRINCIPLES

A. Freedom Vs. Rights
B. Classification of Human Rights
C. Types of General Human Rights
D. State’s Inherent Power
E. Basic Principle of Human Rights
F. Human Rights-Based Policing
G. Human Rights Desk Basic Operational Procedures
H. Ten International Human Rights Standards for Law
Enforcement

SEMI-FINALS

I. Legal Aspects of Human Rights Education

R.R.Pedere ‖ Human Rights Education

A. Constitution Vs. Bill of Rights
B. Branches of the Government
C. The 1987 Philippine Constitution, Article III Bill of Rights
D. Prisoner’s Rights
E. Miranda Rights
F. Rights of a Child in the Philippines
G. Magna Carta of Women “An Act Providing for the Magna Carta
of Women
H. Republic Act 9262 “Anti-Violence Against Women and Their
Children Act
FINALS

R.R.Pedere ‖ Human Rights Education

Introduction

Human rights are the essential rights and freedoms that belong to every
person, from birth until death. They apply no matter where you’re from,
what you think or how you select to measure your life. Rights cannot be
removed though it will be restricted specifically, if a person breaks the law,
or if the interest is for national security. This course is designed to help the
students understand human rights, the value of human rights, and take
responsibility for respecting, defending and promoting human rights. All
throughout this course, it will study about the history of human rights, the
Universal Declaration of Human Rights (UDHR), also, as other key human
rights treaties. In studying human rights, it will help the students
understand the history, importance of rights to the society, and therefore
the sorts of human rights violation. This learning course explores the notion
of human rights and the educational practices of human rights, including
legal instruments, the educational work of human rights organizations and
activists, and the ways of advocating for human rights. It’s a summary of
the methodologies of human rights education while covering the range of
civil and political rights, economic and social rights, and women’s rights and
their expression in the educational curriculum. Also, it focuses on human
rights education as a wayof working towards the materialization of the
cosmopolitan ideals of justice and peace. At the end of the course module,
the student’s knowledge and understanding of human rights concepts and
their ability to use this data to their own professional context. They will be
measured by their ability to interpret the significance of the topic. Thus, to
simply analyze the given situation on how the students promote human
rights to the next generation. As a capstone project of the students, they
should also be exposed to experiential learning, in which, they are going be

R.R.Pedere ‖ Human Rights Education

requested to observe and perform tasks in a real-life situation such as
making a short video on how they are going to portray human rights.

R.R.Pedere ‖ Human Rights Education

R.R.Pedere ‖ Human Rights Education
someone you really want to vote
for means freedom. Generally,
these both words refer to similar
things like Freedom of the Press
and Right to Information.
Similarly, freedom is by having a
good environment where rights
and duties are honorably
preserved. As a result, an ideal
country where all rights are
upheld, all citizens treated alike,
where corruption is negligible,
where terrorism and military
operations are unheard of, can be
called a place truly having
freedom.
Uses of Right and Freedom
A Right is a common
privilege given to all citizens, for
example, right to vote, the right to
property, the right to worship, the
right to education and many more.
At the same time, Freedom is
when you have no constraints to
conduction your actions “freedom
of speech, freedom of the press,
freedom to rebel, freedom to
complain, etc. therefore, Freedom
is having a right and Right is
something you can demand when
you do a duty. In the end, both
freedom and rights are
interconnected. They possess a
relation in those rights to offer a
person freedom. Freedom takes a
different shape depending on the
situation a person is present in.
However, Rights bear the same
meaning in any situation.
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Classifications of Human
Rights
Today, there are various
classifications of human rights to
wit:
1. Natural rights mean that it is
God-given rights and
acknowledged as morally good.
Like you might have a natural
right to life, just by virtue of being
alive since it would be wrong to kill
you because it would violate that
natural right.
2. Legal rights include
constitutional rights guaranteed in
the Bill of Rights of our
constitution such as the right to a
fair trial and due process of the
law, the right to be free from cruel
and unusual punishment, the right
to be free from torture and the
right to be free from slavery.
3. Statutory rights are which
promulgated by the legislative
branch of the government. In
particular to the employees'
statutory rights which is a written
statement of employment within
two months of commencing
employment. The payment at or
above the national minimum wage
and paid sick leave, maternity,
paternity or adoption leave, and
holiday.
These constitutional and statutory
rights afford us or give us
protection from the abuse of the
government exercise the balance
of the power of government and
the right of the people as
protected by the Bill of rights
(Dela Cruz and Florendo, 2017).
According to Kamruzzaman
(2016), human rights cover
virtually every area of human
action. They include civil and
political rights, which refer to a
person’s rights to take part in the
civil and political life of their
community without discrimination.
These include rights and freedom
such as the right to vote, right to
privacy, freedom of speech, and
freedom from torture. Additionally,
it includes economic, social, and
cultural rights, which relate to a
person’s rights to prosper and
grow and to take part in social and
cultural activities. This group
includes rights such as the right to
health, the right to education, and
the right to work.
Types of General Human Rights
1. Civil Rights are rights which
the law will enforce at the instance
of private individuals to secure to
them to the enjoyment of
happiness. It also includes the
ensuring of people’s physical and
mental integrity, life and safety;
protection from discrimination on
grounds such as race, gender,
national origin, color, sexual
orientation, ethnicity, religion, or
disability. The rights of the citizens
to express their opinions and ideas
when it comes to the goodwill of
the country can be used as an
example for this.
2. Political Rights are those
rights that enable us to participate
in running the affairs of the
government either directly or
R.R.Pedere ‖ Human Rights Education
indirectly. The natural justice
(procedural fairness) in law such
as the rights of the accused,
including the right to a fair trial;
due process; the right to seek
redress or a legal remedy; and
rights of participation in civil
society and politics such as
freedom of association, the right
to assemble.
3. Economic, Social and
Cultural Rights are rights of
people to self-determination, to
pursue economic, social and
cultural development and financial
security. Namely, the rights to
adequate food, to adequate
housing, to education, to health,
to social security, to take part in
cultural life, to water and
sanitation, and to work.
Note: Remember that the civil and
political rights are guaranteed
against government abuse they
are also referred to as justifiable
rights in the sense they
immediately enforced once
violated also, they called negative
rights because state is refrained
from violating them.
State’s 3 Inherent Powers
1. Police power means the
power of promoting public welfare
by restraining and regulating the
use of the liberty and property of
all the people. It is the right to
protect the country and its
population from threats to public
health and safety. The term
“police power” predates the
development of organized police
forces, which did not develop until
the postcolonial period. In the
colonial period, police power was
used to control nuisances, such as
tanneries that fouled the air and
water in towns, to prevent the sale
of bad food, and to quarantine
persons who were infected with
communicable diseases. It was
one of the main governmental
functions in the colonial period.
Under the Constitution, the states
retained much of their police
power but share the right to
regulate health and safety issues
with the federal government.
Examples of the federal use of
police power are food and drug
regulations, environmental
preservation laws, and workplace
safety laws. The states have
companion laws in most of these
areas, plus local public health
enforcement such as restaurant
inspections, communicable disease
control, and drinking water
sanitation. In most cases, the
state’s share jurisdiction with the
federal government, and the
courts will enforce whichever is
the stricter law. State and local
public health laws are exercises of
police power.
Also derived from police power is
the right to damage or destroy
private property without
compensation to the owner when
it is necessary to protect the public
interest. For example, when a
condominium unit is on fire and
the fire department must destroy
an adjoining unit to extinguish the
R.R.Pedere ‖ Human Rights Education
fire and save the rest of the
building. Although the government
would not be required to
compensate an owner for such
destruction, a valid claim may be
filed against the insurance policy
covering the burning unit or
against the owner’s policy.
2. Eminent domain means that it
is the power to take private
property for public use upon
payment of just compensation.
Eminent domain is a right of the
government to take private
property. This can be used for
public institutions such as schools,
public utilities, highway
construction, railroads, and more.
However, the law will not allow
compensation for lost profits or
inconvenience, although severance
damages may be awarded for a
loss in value to the remaining
property that is not condemned.
Through eminent domain, the
state or the government may
acquire land for streets, parks,
public buildings, public rights-of-
way, and similar uses. No private
property is exempt from this
exercise of government power.
If the government and the owner
of the property cannot negotiate a
satisfactory and voluntary
acquisition of the property, the
government can start a
condemnation process to acquire
the property. In this situation, an
owner’s basis for complaint would
typically be that the intended use
is not a satisfactory public use or
that the estimation of value given
to the property in the
condemnation proceeding is
unjust.
Upon the vesting of title in the
government, all pre-existing liens
and encumbrances are terminated.
Anyone affected by this change,
such as the lenders from a bank,
must look to the condemnation
money that was given to satisfy
their claims against the property.
A lessee is typically given the right
to cancel their lease agreement
when a significant portion of the
property is taken under the power
of an eminent domain.
3. Power of taxation means that
the power to exact proportional
contribution from the people to
defray the cost of governmental
expenditures. The 1987 Philippine
Constitution sets limitations on the
exercise of the power to tax. It is
the Legislative Department which
primarily exercises this function.
In addition to national taxes, the
Constitution provides for local
government taxation. But no such
taxes, fees and charges shall be
imposed without a public hearing
having been held prior to the
enactment of the ordinance. For
example, during year 2017, the
train law is not applicable that
time since it took effect on 2018.
Basic Principle of Human
Rights Human rights are
inherent and are acquired upon
birth. They are fundamental,
without which, human rights, a
person’s life and dignity would be
R.R.Pedere ‖ Human Rights Education
worthless and meaningless. They
are inalienable to which they
cannot be stripped or rightfully
taken away from any free human
person. Also, they are
imprescriptible because human
rights are not lost by the mere
passage of time. Human rights do
not prescribe even if a person fails
to use or was prevented from
asserting them. Lastly, they are
indivisible and interrelated.
The indivisibility of human rights is
a manifestation that a person
cannot be denied or deprived of
his or her human rights,
notwithstanding that he or she has
already enjoyed, or is already
enjoying other rights. Human
rights are not piecemeal rights and
freedoms, hence, not applicable to
being divided. Human rights are
universal because it is endowed
every human being from the
moment of birth, without
distinction or irrespective of origin,
sex, race, creed, political color,
status, or condition in life. Also,
they are independent because the
fulfillment, enjoyment, or exercise
of a particular right cannot be
attained without the realization of
the other rights. The conditions to
justify the suspension/ limitation
of human rights. It is provided for
by law which is made known to
every citizen; there is a state of
emergency that necessitates the
urgent prevention of the public
good, public safety, and public
morals; and it does not exceed
what is strictly necessary to
achieve its purpose.
Human Rights-Based Policing
Human rights-based policing
is the comprehensive and
systematic institutional compliance
with international human rights
standard and practices within the
conduct of police or enforcement
functions. It is also an approach to
policing that defines the
relationship between individual
citizens and various groups or
sectors of society as claim holders
whose rights must be respected
and protected by the police; and
police officers as duty-holders that
have obligations to respect,
protect and fulfil human rights.
Meanwhile, the importance of
Human Rights to Law Enforcement
is that the policing is at the heart
of a broad spectrum of human
rights discourses. This has been
apparent for several of these
performing on civil and political
rights who have generally targeted
police as human rights violators.
However, police also have 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. So basically, the
promotion and protection of
human rights are at the very core
of policing. The enforcement of
laws and the maintenance of
peace and order are, first and
R.R.Pedere ‖ Human Rights Education
foremost, about protecting the
rights of the citizens.
The Philippine National Police has
three level of human rights
obligation it is to respect, protect
and fulfil human rights.
1. To respect the human rights
means to refrain from interfering
with the enjoyment of people’s
rights.
2. To fulfil the human rights refers
to the implementation of systems,
mechanisms, and procedures that
enable people to claim and enjoy
their rights, and;
3. To protect the human rights
means to implement law that
provides equal protection to all
person from human rights
violations by state authorities
(Philippine National Police
Guidebook: on human rights-
based policing, n.d.).
Remember that the police officers
or military may commit human
rights violations such as unlawful,
unnecessary or disproportionate
use of force. However, they can
use force when its needed. Thus, if
they arrest an individual without
evidence that he commits such
illegal crime and it is contained
elements of injustice, irregular,
unreasonable & disproportionate it
is called arbitrary arrest. Besides,
arresting a person can be valid if it
is caught in the act, escaped
detention/sentenced prisoner
(escapee), hot pursuit, and stop
and frisk. It is also known as
warrantless arrest. Note on
Checkpoints: The vehicle is neither
searched nor its occupants
subjected to body search and
inspection of vehicle is limited to
visual search, is a valid search.
Human Rights Desk Basic
Operational Procedures.
The Philippine National Police
receiving/taking action on
complaints of alleged human rights
violations. The following are the
procedures on how the law
enforcement officers handle
complaints.
1. The duty officer or the police
officer must greet politely to the
complaint or any person that
approaches the Human Rights
Desk. Also, they must state the
rank and full name, then, ask the
complainant or person about his
specific need or purpose for
approaching your desk.
2. Through the initial review, the
duty officer must evaluate if the
complaint is about an alleged
human rights violation or a typical
complaint that is supposed to be
handled by other desks like the
Investigation Desk, Women &
Children’s Protection Desk
(WCPD), etc.
3. The duty officer must assess if
the complaint is about alleged
enforced disappearance (ED),
extra-legal killing (ELK), torture
(TOR), illegal arrest (IA), or
excessive use of force Ten
International Human Rights
Standards for Law Enforcement In
this matter, law enforcement has a
human rights standard in order to
R.R.Pedere ‖ Human Rights Education
protect themselves from an
individual or group. The following
are the basic human rights
standards for law enforcement.by
a police officer and/or law enforcer
(EF)
4. If the complaint is related to
human rights violations cited in
No.2, the duty officer must get a
written statement from the
complaint about the incident. And,
they must get full details of the
incident, complete name and
contact details of the complainant,
and other pertinent information.
5. The duty officer must inform the
complaint that he/she will receive
an update on actions taken by the
Human Rights Desk/Police Station
within Three (3) days. Further,
inform the complainant that the
update on actions taken may be
sent via phone call, text message,
email, or as a last resort, via
postal mail. Also provide the
complainant together with your
official telephone/fax numbers, e-
mail address, and other contact
details. 6. The duty officer must
thank the complainant for
reporting the incident/alleged
human rights violation. And,
express reassurance that the
Human Rights Desk would closely
monitor the actions that will be
taken by the appropriate police
units or government agencies that
will handle the complaint or report
of alleged human rights violation
authorities (Philippine National
Police Guidebook: on human
rights-based policing, n.d.).
 and privacy. It must be
Ten International Human remembered that under the law,
Rights Standards for Law all person that are arrested and
Enforcement detained are still be considered as
In this matter, law enforcement innocent and has the right to due
has a human rights standard in process. Even when they are
order to protect themselves from already convicted in court, they
an individual or group. The still have the right to be treated
following are the basic human humane with respect and dignity.
rights standards for law Victims are people that have
enforcement. suffered harm, including mental
Basic Standard 1: Equal and physical injury, emotional
Protection suffering, economic loss or
It states that everyone is entitled substantial impairment of their
to equal protection of the law, fundamental rights through acts or
without discrimination on any omissions that are in violation of
grounds, and especially against criminal law.
violence or threat. Be especially Basic Standard 3: Use of force
vigilant to protect potentially Do not use force except when
vulnerable groups such as strictly necessary and to the
children, the elderly, women, minimum extent required under
refugees, displaced persons and the circumstances. The
members of minority groups. For implementation of Basic Standard
the implementation of Basic 3 involves, among other things,
Standard 1 is a great importance that law enforcement officers, in
that law enforcement officers in completing their duty, should
the least times fulfill the duty apply non-violent means as far as
imposed on them by law, by possible before resorting to the
serving the community and use of force. They may use force
protecting all persons against provided that other means remain
illegal acts, in line with the high ineffective.
degree of responsibility required Basic Standard 4: Policing non-
by their profession. They must violent assembles
promote and protect human Avoid using force when policing
dignity and maintain and uphold unlawful but non-violent
the human rights of all people assemblies. When dispersing
Basic Standard 2: Respectful violent assemblies, use force only
Treatment to the minimum extent necessary.
Police officers have to treat all Everyone is allowed to participate
citizens and victims of crime in peaceful assemblies, whether
compassionately and respect, and political or non-political, subject
particularly protect their safety only to very limited restrictions
R.R.Pedere ‖ Human Rights Education
imposed in conformity with the law
and which are necessary during 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 so as to protect your
life or the lives of others. This may
be used only in the following
situation such as self-defense,
defense of a stranger or a family
and in performance of a lawful
duty.
Basic Standard 6: Arresting
person on legal grounds
This standard state that only
police can only arrest person if
there are legal grounds to do so,
and therefore 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 are known.
Basic Standard 7: Detainee’s
rights The police officers must
ensure that 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 (RA 7438) should be
properly observed. Basic
Standard 8: Humane treatment
of detainees
R.R.Pedere ‖ Human Rights Education
All detainees must be treated
humanely. Under the
circumstances do not inflict,
instigate or tolerate any act of
torture or ill-treatment, and refuse
to obey any order to do so. Also,
there is separation between the
female and male facilities to avoid
any unforeseen circumstances.
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. 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 other of,
someone at some level of
government, whether national,
state or local, or with their
acquiescence.
Basic Standard 10: Reporting
violations
Must report all breaches of those
standards to your senior officer
and to the office of the general
public prosecutor. Do everything
within your power to ensure steps
are taken to investigate these
branches. All violations of human
rights by the police or other
enforcement personnel, including
any breaches of these Basic
Standards, should be investigated
fully, promptly and independently
(The Philippine National Police
Guidebook: on human rights-
based policing, n.d.).
Granted that Police are the first- whereabouts of the victim is not
line defense for human rights. disclosed or custody is not
They are the guardian of the law, confirmed.
including the human rights law. 4. Extra-legal, arbitrary or
The community depends on the summary executions is a
police to protect the full range of deprivation of life without full
rights through the effective judicial and legal process, and with
enforcement of the country’s the involvement, complicity,
criminal law. The following are the tolerance or acquiescence of the
most serious human rights Government or its agents.
violation requiring police vigilance: Includes death through the
1. Genocide is an act committed excessive use of force by police or
with intent to destroy, in whole or security forces.
in part, a national, ethnic, racial or 5. Arbitrary arrest and detention
religious group. It includes: are a deprivation of liberty without
a. Killing members of the group; lawful reason or due process by an
b. Causing serious bodily or act of the Government or its
mental harm to members of the agents, or with their complicity,
group; tolerance or acquiescence.
c. Deliberately inflicting on the 6. Racial discrimination states that
group conditions calculated to any distinction, exclusion,
bring about its physical destruction restriction or preference based on
in whole or on part; race, colour, descent or national or
d. Imposing measures intended to ethnic origin which prevents or
prevent births within the group; hinders anyone from exercising his
e. Forcibly transferring children of or her human rights on an equal
the group basis with others in all areas of
f. to another group public life.
2. Torture is any act committed
with intent to cause severe pain or Learning Activities:
suffering, mental or physical, for
the purpose of: Activity 1: Concept Mapping
a. Obtaining information or a Create a Venn diagram
confession; b. Punishing, highlighting the differences and
intimidating or coercing. similarities of freedom and rights.
3. Enforced or involuntary Provide examples.
disappearance implies that arrest,
detention, abduction or other Activity 2: Knowledge
deprivation of liberty by the Assessment Instruction: Read
Government or its agents, or with the sentences carefully and
their complicity, tolerance or identify the correct answer. Note:
acquiescence, where the fate or Try to answer the assessment
R.R.Pedere ‖ Human Rights Education
exercise without referring or 11. This may be used only in the
looking back at the discussion in following situation such as self-
the preceding pages. defense, defense of a stranger or a
1. It is a right which enable us to family and in performance of a
participate in running the affairs of lawful duty.
the government either directly or 12. It is the power to exact
indirectly. 2. It is a right that the proportional contribution from the
law will enforce at instance of people to defray the cost of
private individuals for purpose of governmental expenditures.
securing to them to enjoyment of 13. This standard state that only
happiness. police can only arrest person if
3. These rights are promulgated there are legal grounds to do so.
by legislative body. 14. This power of promoting public
4. They are duty-holders with welfare by restraining and
obligations to respect, protect and regulating the use of the liberty
fulfill human rights. and property of all the people.
5. They are claim-holders whose 15. It is a common privilege given
rights must be respected and to all citizens, for example, right to
protected by the police. vote, the right to property, the
6. It is an unlawful and deliberate right to worship, the right to
killing, carried out by order of a education and many more.
government.
7. It means any of the following
act with intent to destroy in whole
or in part, causing serious bodily
or mental harm and killing
members of the group.
8. It means that arresting an
individual without evidence that he
commits such illegal crime and it is
contained elements of injustice,
irregular, unreasonable &
disproportionate.
9. It is the comprehensive and
systematic institutional compliance
with international human rights
standard and practices within the
conduct of police or enforcement
functions.
10. It is the power to take private
property for public use upon
payment of just compensation.
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