Concepts ,Principles

and Framework of
Human Rights

PMSg Jayson D Turaray, J.D.

RMFB4A
What are Human Rights?
Human Rights are generally defined as
those rights which are inherent in our
nature and without which we cannot live as
human beings. (United Nations)

Human Rights are the supreme inherent

and inalienable rights to life, to dignity and
to self development. It is the essence of this
rights that makes man human. (CHR)
Basic Principles
of Human Rights
First : “None of us asked to be born. And regardless of
who our parents are and what they own, all of us are born
equally naked and helpless, yet with his own hand, his
own will and talents”.
 All of us have equal rights to life, and share the same
inherent human dignity. Thus we all have the right to life,
to dignity and develop ourselves.
- This are traditionally knows as the rights of men.
Second: “Even if we
may not know who
our parents are, we
are never born
without parents, and
never outside
society, a society
with its own peculiar
culture, history and
resources”.
So, besides our rights as
person, we have rights as
society, rights which we
can exercise collectively
as a people. Thus, we
have the right to survive,
to self determination and
to develop as a people.
- known as the rights of
the people.
Third : “Once a society
reaches a certain degree
of complexity, as almost all
societies have, society can
act only through
government. But a
government always as
agent of the society; it
never becomes the society
it self; it never becomes
the people themselves.
As a society grows as a nation, it enters into relationships
with other governments or states. Society enters into
treaties and agrees to abide by the International Law.
Philippine Constitution states ‘ The Philippines….adopts a
generally accepted principles of international law, as part
of the law of the land and adheres to the policy of
peace…..with all nations.”
Principles and characteristics of
Human rights : inherent, fundamental,
inalienable, imprescriptible, indivisible,
universal and interdependent.
 Human rights are INHERENT
because they are not granted by
any person or authority. They do
not need any event for their
existence. Some examples of
these rights are the right to life
and the right to dignity as human
being.
 Human rights are
FUNDAMENTAL because
without them the life and dignity
of man will be meaningless.
Some examples of human rights
as fundamental are the right to
individual liberty and security of
a person or freedom of thought
or religion.
 Human rights are
INALIENABLE because they
cannot be rightfully taken away
from a free individual. An
example is the freedom from
torture. No authority can validly
and legally torture an individual.
They cannot be given away or
be forfeited.
 Human rights are UNIVERSAL to
all human beings irrespective of their
origin, status or condition or place
where they live. Human rights are
universal because said rights can be
enforced without national border.
 Human rights are INDIVISIBLE
because they are not capable of
being divided. They cannot be
denied even when other rights
have already been enjoyed.
Examples of these are the
freedom of expression of belief or
opinion. They include the right to
freedom of religion and worship.
 Human rights are
INTERDEPENDENT because the
fulfillment or exercise of one right
cannot be attained without the
realization of the other. The respect
of human rights necessarily includes
the realization of man’s dignity. An
example is the right to life and
existence as a person. These cannot
be realized without the right to work
in order to maintain a good standard
of living.
 Human rights are
IMPRESCRIPTIBLE because
they cannot be lost even by a
long passage of time. Man does
not lose his rights even if he fails
to use or assert them. Some
examples are freedom of
thought, conscience and religion.
Human Rights Framework

Human Rights Framework are

designated to be legally, politically
and morally binding set of principles
for governments.
Human Rights Framework
International Framework Domestic Framework

 Treaties, Covenants, ■1987 Phil. Constitution

Statutes, Protocols and ■ Codes
Conventions – legally ■ Rules /Jurisprudence
binding ■ Special Laws
 Declarations and ■ Issuances
Principles – political
statements
International HR Framework
A. UN Charter (June 26, 1945, USA)
Significant HR provisions:
- All creatures belonging to the human race
have equal and inalienable rights

- members pledge themselves to take joint and

separate action in cooperation with other
organization
UN Charter...
- Members thereby commit to promote
universal respect for and observance
of human rights and fundamental
freedoms for all without distinction as to
race, sex, language, or religion
a. Consequences of the HR provisions in the
UN Charter:
 Human Rights are matters of international
concerns
 Members agreed to cooperate in the
promotion of human rights
 Created organizations designed to ensure
compliance
b. Measures undertaken to ensure the
realization of objectives in the UN Charter:
 Promulgated and adopted various international HR
instruments, foremost of which are: the UDHR and
the International Bill of HR;

 Established institutions, agencies, committees with

enforcement mechanisms;

 Created specialized agencies with programs for the

protection and promotion of Human Rights
International HR Framework
B. International Bill of Human Rights
 Universal Declaration of HR (UDHR)
(Dec. 10, 1048)
 International Covenant on Civil and
Political Rights (ICCPR)
 International Covenant on Economic,
Social and Cultural Rights (ICESCR)
 The Protocols to the ICCPR
Universal Declaration of Human Rights (UDHR)
♦ First comprehensive Human Rights instrument to be
proclaimed by a universal international organization

♦ The purpose of the Declaration is to provide a

common understanding of human rights and
fundamental freedoms covered by the UN Charter
and to serve as the common standard of achievement
for all peoples and all nations (Preamble)
 Fundamental Principle of UDHR

“ All human beings are born free and equal in dignity

and rights. They are endowed with reason and
conscience and should act towards each other in
the spirit of brotherhood.”
InternationalCovenant on Civil and
Political Rights (ICCPR)
 Civil Rights are those rights which the law will enforce
at the instance of private individual for the purpose of
securing to them the enjoyment of their means of
happiness.

 Political Rights are those rights which enable us to

participate in running the affairs of the government either
directly or indirectly.
InternationalCovenant on Civil and
Political Rights (ICCPR)
 Right to life
 Freedom from torture, cruel, inhuman or degrading
treatment or punishment
 Freedom from slavery
 Right to liberty and security of persons
 Freedom of movement
 Right to equality before the law
 Rights of the accused persons
 Right against retroactive penal laws
ICCPR
 Right to recognition as a person before the law
 Right to privacy
 Freedom of thought, conscience and religion
 Freedom of opinion and expresssion
 Right to international peace and security
 Right to peaceful assembly
 Freedom of association, family and marriage
 Rights of citizens
 Rights of children
 Rights of minorities
Derogable and Non-Derogable Rights
under the ICCPR
 Derogable or Relative Rights – may be suspended
or restricted or limited depending on the
circumstances which call for the preservation of
social life. Example: right to freely move may be
limited through the imposition of curfews.
EXAMPLE

- right to freely move maybe limited through the

imposition of curfews
- the right to freedom of expression, freedom of
assembly and freedom of association
THREE (3) CONDITIONS BEFORE A RIGHT CAN
BE LIMITED/CURTAILED

1. It is only publicly announced or legislated, it is not by

official whim only/ or provided by law;

2. There is a state of emergency which requires the

urgent preservation of the public moral, public safety and
public good;

3. There must be time limit. It must not exceed what is

strictly
 Classifications of HR

Non-Derogable or Absolute Rights

are those that cannot be suspended
nor taken away nor restricted/limited
even in extreme emergency and
even if the government invokes
national security.
There are only seven (7) non derogable rights or
ABSOLUTE RIGHTS under the International Covenant
on Civil and Political Rights:

1. Right to life

2. Freedom from torture or cruel, inhuman

or degrading treatment or punishment

3. Freedom from slavery and slave trade,

servitude or forced or compulsory labor

4. Freedom from imprisonment on the

ground of inability to fulfill a contractual
obligation
Non-Derogable Rights:

5. Right against ex post facto law

6. Right to recognition everywhere as a person

before the law

7. Freedom of thought, conscience and

religion
International Covenant on Economic,
Social and Cultural Rights (ICESCR)
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.
Cultural Rights are those 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.
International Convention on Economic, Social
and Cultural Rights
 Right to work
 Right to enjoy just and favorable condition of work
 Right to trade unions
 Right to social security
 Marriage and family rights
 Right to adequate standard of living
 Right to health
 Right to education
 Right to culture, arts and science
Optional Protocol to the ICCPR
 Aside from the inter-state complaints, individual
complaints may now be filed with the UN Human
Rights Committee against any member of the UN
which signed and ratified , or acceded to.

 An ordinary citizen may now institute a complaint of

HRV by the Philippine government before said
Committee should prior exhaustion of internal
remedies failed.
Second Optional Protocol to the ICCPR
 State parties are of the belief that the abolition of the
death penalty contributes to the enhancement of
human dignity and progressive development of human
rights
 That all measures of abolition should be considered as
progress in the enjoyment of the right to life
 Pursuant thereto, no person within the jurisdiction of
a State party be executed
C. Other CORE HR Instruments
 Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW )

 Convention on the Rights of the Child (CRC) (1989)

 Convention Against Torture and Other Cruel,

Inhuman or Degrading Treatment
■ Convention on the Elimination of All Forms of
Racial Discrimination (ICERD)

 Convention the Protection of the Rights of

Persons with Disabilities (CRPD) (2009)

 Convention on the Protection of the Rights

of Migrant Workers and their Families
(MWC) (2004)
D. Other UN Conventions and Key HR
Instruments
 Declaration on the Protection of All Persons
from Enforced Disappearance (‘DPPED’)
 Convention for the Protection of All Persons
from Enforced Disappearance
 Body of Principles for the Protection of All
Persons under Any Form of Detention or
Imprisonment
 Standard Minimum Rules for the Treatment of
Prisoners (SMR)
 International Humanitarian Law
 Code of Conduct for Law Enforcement
Officials (COCLEO)
 Declaration on the Elimination of All Forms
of Intolerance and Discrimination Based on
Religion or Belief (Religious Declaration)
 Discrimination (Employment and Occupation)
Convention (No.111) Concerning
Discrimination in Respect of Employment and
Occupation (‘ILO III’)
 Intl HR
Instruments

When a State ratifies

HUMAN RIGHTS TREATIES a Convention, it has
• ICERD the Obligation to:
• ICCPR
• ICESCR
UNITED 1. RESPECT
• CEDAW NATIONS
• CAT STANDARDS
(Declarations)
2. PROTECT
• MWC
• CRC 3. FULFILL the rights
• CRPD • OTHER HR TREATIES enshrined therein.
DOMESTIC HR FRAMEWORK
 1987 Philippine Constitution
1. Bill of Rights – Article III
2. Declaration of Principles and State Policies – Article II
3. Social Justice and Human Rights – Article XIII
 The Revised Penal Code
 The Revised Rules of Criminal Procedures
 Family Code of the Philippines
 Child and Youth Welfare Code
DOMESTIC HR FRAMEWORK
 Labor Code
 New Civil Code
 Civil Service Law
 Family Code of the Philippines
 Special Laws and Issuances
 RA 7438 (Custodial Investigation)
 RA 7279 (The Urban Development Housing
Act)
 The Comprehensive Agrarian Reform Law
(RA 6657, RA 8532 and RA 7905)
 Migrant Workers and Overseas Filipinos Act (RA 842)
(RA 6657, RA 8532 and RA 7905)
 RA 8353 (Anti-Rape Act)
 RA 7877 (Anti-Sexual Harassment Act)
 RA 7610 (Special Protection of Children
Against Abuse, Exploitation and Discrimination Act)
 RA 8371 (Indigenous People’s Rights Act )
 RA 9262 (Anti-Violence Against Women and their
Children Act)
 RA 9208 (Anti-Trafficking in Persons Act)
 RA 9344 (Juvenile Justice Welfare Act)
 RA 7277 (Magna Carta for Disabled Person)
 Anti-Torture Act
 RA 9851
 Writ of Amparo
 Writ of Habeas Data
 Other Special Laws and Issuances
 Common Human Rights Violations
Nature of HRV International Domestic
Right to Life Arbitrary Murder,
Deprivation Homicide,
of Life under Parricide,
UDHR, Physical
ICCPR, CRC Injuries, etc.
Under RPC,
RA 7610,
9208,
9262,8049, etc
 Common Human Rights Violations

Nature of HRV International Domestic

Right to Arbitrary Arbitrary
Liberty and Detention, Detention,
Security Unlawful/Ille Kidnapping,
gal Arrest, Delay in the
Delivery..Explo
Trafficking
itation of
under UDHR,
Minors under
ICCPR, CRC, RPC,RRC
CEDAW, RA 7610, 9208,
ILO 9262, etc
Convetion
 Common Human Rights Violations

Nature of HRV International Domestic

Right to Torture, Maltreatment
Freedom Maltreat- of Prisoners,
from Torture ment of Physical
Prisoners Injuries under
RRC , Anti-
under UDHR,
Torture Act
ICCPR,
CAT,CRC,
SMRtp
 Common Human Rights Violations

Nature of HRV International Domestic

Right of the Violation of the RA 7438,
Accused Right to be Revised Rules
informed, Right of Court, RA
to remain silent, 9344, NCC
Right not to be
compelled to
testify against
oneself or to
confess ones
guilt under
UDHR, ICCPR,
CAT,CRC,
SMRTP
 Common Human Rights Violations

Nature of HRV International Domestic

Right to Attack upon Libel, Slander,
protection of ones honor and Abduction,
reputation Seduction
honor and under UDHR,
reputation under RPC,
ICCPR,
RA 7877, 7610,
CEDAW and
CRC
9262
 Common Human Rights Violations
Nature of HRV International Domestic
Right not to Arbitrary Theft,
be deprived Deprivation Swindling,
of property of Property Arson,
arbitrarily under UDHR, Malicious
Mischief under
ICCPR,
RPC, PD 1612,
PD 533, RA
6539, NCC
 Why the PNP must
promote and protect …
Human Rights?
 SOME IN THE PNP BELIEVE THAT HUMAN
RIGHTS ARE…

 Propaganda used by enemies of the state against

the government.
Used by some sectors to blame & harass the
police / military even if we are “only doing our
job.”
Only protect anti-government activists and do not
benefit the PNP and AFP.
Hindrance to military & police operations; it is an
 HUMAN RIGHTS IN LAW ENFORCEMENT
Article 2, Sec. 4
1987 Phil. Constitution:
The prime duty of Government is to
Serve and Protect the People.

PEOPLE GIVES
POWER & AUTHORITY
POWERS OF THE
STATE:
1.Power of Eminent
Domain
2.Power of Taxation
3.Police Power

THE PEOPLE THE PNP /

GOVERNMENT

PNP MUST USE POWER & AUTHORITY

“TO SERVE & PROTECT”
THE PEOPLE
 HUMAN RIGHTS IN LAW ENFORCEMENT

PNP AS HUMAN RIGHTS PROTECTOR.

HUMAN
RIGHTS
CIVIL
POLITICAL
ECONOMIC
THE PEOPLE SOCIAL THE PNP
CULTURAL OUR PHILOSOPHY:
Service, Honor, Justice

Protecting Human Rights is rendering professional SERVICE… treating

people with dignity and HONOR…and improving delivery of JUSTICE to
the oppressed and victims of crime.
 According to the 1997 Human Rights and Law
Enforcement Training Manual:

 adversely affect public trust and confidence

towards the police;

 leads to isolation of the police from the community

and civil unrest;

 hampers effective prosecution of criminals;

 let those who are guilty remain free while making
the innocent unjustly suffer;

 delays or denies justice to be given to victims of

the crime and their families;

 subjects the police and other government agencies

to local and international criticism and possible
sanctions; and

 makes the law enforcer a law breaker.

The PNP Ethical Doctrine

- all members of the Philippine National Police…

shall serve with utmost responsibility, integrity,
morality, loyalty, and efficiency with due respect to
human rights and dignity.
(PNP Ethical Doctrine Manual, Chapter I, Section 2, DHRDD 1995 Edition).

The PNP Code of Professional Conduct and

Ethical Standards
-expressly cites respect for human rights as a high
standard that must be maintained during the
performance of police duties (Chapter III, para 2.9)
Letter of Instructions 55/07 (LOI Pamana)
-states that “members of the Philippine National
Police shall embrace the highest principles of the
Universal Declaration of Human Rights.
It also emphasizes that respect for human rights
and dignity shall apply to everyone including all
members of the police service, regardless of
education, gender, religion, political beliefs and all
other types of status.

PNP Core Values

- to instill in all PNP personnel a godly (Makadiyos)humane
(Makatao) thoughts and behavior in both their official and
private life. Being godly and humane entails having a
genuine understanding and respect for human rights.
“No cause is more worthy than the
cause of human rights. Human
rights are more than legal
concepts, they are the essence of
man/woman. They are what
makes man/woman human. That
is why they are called human
rights: Deny them and your
denies man’s or woman’s
humanity.”
Sen. Jose W. Diokno
END OF PRESENTATION

Thank You and Have a Nice Day!