Human Rights Defined

Human Rights are generally defined as rights, which are inherent

in our nature, and without which, we cannot live as human beings.

-United Nations
 Human Rights are supreme, inherent, and
inalienable rights to life, dignity, and self-
development. It is the essence of these rights
that makes man human.

-Philippine Commission on Human Rights

The Commission on Human Rights (CHR) is
an independent office created by Section
18, Article XIII of the Philippine
Constitution, with the primary function of
investigating all forms of human rights
violations involving civil and political rights
in the Philippines.
Principle of Abuse of Rights
Article 19 of the Civil Code
-Every person must, in the exercise of his rights and in the performance of his duties, act
with justice, give everyone his due and observe honesty and good faith

Article 20 of the Civil Code

- Every person who, contrary to law, wilfully or negligently causes damage to another, shall
indemnify the latter for the same

Article 21 of the Civil Code

- Any person who wilfully causes loss or injury to another in manner that is contrary to
morals, good customs or public policy shall compensate the latter for the damage
 Section 1, Article III of the 1987
Philippine Constitution provides that
No person shall be deprived of life,
liberty or property without due process
of law, nor shall any person be denied
the equal protection of the law.
 Article II section 11 of the 1987 Constitution

- The state values the dignity of every human person and

guarantees full respect for human rights.

- Pursuant to this declared policy, section 12 Article III

(Bill of Rights) prohibits the use of torture, force, violence,
threat, intimidation, or any other means which vitiate the free
will and mandates the compensation and rehabilitation of
victims of torture or similar practices and their families
Republic Act 9745
An act penalizing torture and other cruel, inhuman and degrading
treatment or punishment and prescribing penalties therefor.

Any person who actually participated or induced another in the

commission of torture or other cruel, inhuman and degrading
treatment or punishment or who cooperated in the execution of the
act of torture or other cruel, inhuman and degrading treatment or
punishment by previous or simultaneous acts shall be liable as
principal.
 Section 2 Article II of the 1987 Constitution

-adopts generally accepted principles of international law as part of the laws of

the land.

-Philippines adheres to international human rights laws and conventions, such

as the Universal Declaration of Human Rights, including the International
Covenant on Civil and Political Rights (ICCPR) and the Convention Against
Torture (CAT) and Other Cruel, Inhuman or Degrading Treatment or Punishment
which imposes on each State party the obligation to enact domestic legislation
to give effect to the rights recognized therein and to ensure that any person
whose rights or freedom have been violated shall have an effective remedy,
even if the violation is committed by persons acting in an official capacity.
 Section 2 Article II of the 1987 Constitution
- The Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of land and adheres to the policy of
peace, equality, justice, freedom, cooperation, and amity with all nations.

- The Philippines only renounces AGGRESSIVE war as an instrument of national policy. It does
not renounce defensive war.

Section 3 Article II of the 1987 Constitution

- Civilian authority is, at all times, supreme over the military. The Armed Forces of the
Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of
the State and the Integrity of the National Territory.

- Authority can only come from law

- Soldier renounces political ambition

-the military is the guardian of the people and of the integrity of
national territory
- But disapproves Military Abuses

Section 4 Article II of the 1987 Constitution

-The prime duty of the Government is to serve and protect the people. The
Government may call upon the people to defend the State and, in the fulfilment
thereof, all citizens may be required, under conditions provided by law, render
personal, military, or civil service.
 Classification of Human Rights

1. Civil Rights
2. Political Rights
3. Economic Rights
4. Social Rights
5. Cultural Rights
 Philippines and the United Nations

-The Philippines is one of the signatories of the 1945

United Nations Charter. The Philippines is an active
supporter of the United Nations peacekeeping and
humanitarian development programs.

-Doctrine of Incorporation- the Philippines is bound by

generally accepted principles of international law,
which are considered to be automatically part of our
own laws
 The Philippines is a state party to about 23 International Human Rights
Instruments under the UN system. Among these are the following:

1. Universal Declaration of Human Rights

2. International Covenant on Civil and Political Rights
3. International Covenant on Economic, Social and Cultural Rights
4. Convention on Rights of Child
5. Convention against Torture
6. Convention on the Elimination of Discrimination Against Women
7. Convention on the Elimination of Racial Discrimination
 The Commission on Human Rights is mandated by
Article XIII of the 1987 Philippine Constitution

-To Monitor the Philippine Government's compliance

with International Treaty Obligations on Human Rights

- Investigate all forms of human rights violations

involving civil and political rights in the Philippines
 Code of Conduct for Law Enforcement Officials

Article 1- Law Enforcement officials shall at all times fulfil the duty
imposed upon them by law, be serving the community and by
protecting all persons against illegal acts, consistent with the high
degree of responsibility required by their profession.

Article 2- In the performance of their duty, law enforcement officials

shall respect and protect human dignity and maintain and uphold the
human rights of all persons.
 Article 3- Law enforcement officials may use force only when strictly
necessary and to the extent required for the performance of their
duty

Article 5- No law enforcement official may inflict, instigate or tolerate

any act of torture or other cruel, inhuman or degrading treatment or
punishment, nor may any law enforcement officials invoke superior
orders or exceptional circumstance such as a state of war or a threat
of war, a threat to national security, internal political instability or any
other public emergency as a justification of torture or other cruel,
inhuman or degrading treatment or punishment.
 Basic Principles on the Use of Force and Firearm by Law Enforcement
Officials

Principle 4 Law enforcement officials, in carrying their duty, shall as

far as possible, apply non-violent means before resorting to the use of
force and firearms. They may use force and firearms only if other
means remain ineffective or without any promise of achieving the
intended result.
 Principle 5 Whenever the lawful use of force and firearms is
unavoidable, law enforcement officials shall:
1. Exercise restraint in such use and act in proportion to the seriousness of the
offense and the legitimate objective to be achieved;
2. Minimize damage and injury, and respect and preserve human life;
3. Ensure that assistance and medical aid are rendered to any injured or
affected persons at the earliest possible moment;
4. Ensure that relatives or close friends of the injured or affected person are
notified at the earliest possible moment

Principle 8 Exceptional circumstances such as internal political

instability or any other public emergency may not be invoked to justify
any departure of these basic principles.
 Principle 9 Law enforcement officials shall not use firearms
against persons except in self-defense of others against
imminent threat of death or serious injury, to prevent the
perpetration of a particularly serious crime involving grave
threat to life, to arrest a person presenting such a danger
and resisting their authority, or to prevent his or her escape,
and only when less extreme means are insufficient to
achieve these objectives. In any event, intentional lethal use
of firearms may only be made when strictly unavoidable in
order to protect life.
 Revised Penal Code of the Philippines

-Self Defense Art. 11 of RPC

-There must be unlawful aggression
-Reasonable necessity of the means
employed to prevent or repel it
-Lack of sufficient provocation on the part of
the person defending himself
 Republic Act 9851

-a breakthrough moment of International Humanitarian Law in the Philippines

- it identifies specific violations of International Humanitarian Law such as attacks on
civilians or medical personnel and sets out corresponding fines and jail time.

International Humanitarian Law

- set of rules which seek for humanitarian reasons, to limit the effects of armed conflict.
It protects persons who are not or are no longer participating in the hostilities and
restricts the means and methods of warfare.
 International Humanitarian Law applies only to armed
conflict. It does not cover internal tensions or
disturbances such as isolated acts of violence.

IHL coverage
- Protection of those who are not, or no longer,
taking part in fighting
- Restrictions on the means of warfare in particular
weapons, methods of warfare, such as military
tactics.
 International Humanitarian Law protects those who do not take part
in the fighting, such as civilians and medical and religious military
personnel.

It protects those who have ceased to take part, such as wounded,

shipwrecked and sick combatants, and prisoners of war.
 The person must be respected for their lives, physical and mental
integrity.
Must be treated humanely in all circumstances, with no adverse
distinction.
It is forbidden to kill or wound an enemy who

-surrenders
-unable to fight

sick and wounded must be cared of and Medical personnel, supplies,

hospitals and ambulances must all be protected.
 Measures must be taken to ensure respect for international
humanitarian law. States have an obligation to teach its rules to their
armed forces and the general public.

State must prevent violations and impose punishment.

In the Philippines, we have RA 9581 which provides punishment for

violations of International Humanitarian Law.
Even Wars Have Limits
 The ARMED FORCES OF THE PHILIPPINES is the
PROTECTOR of the PEOPLE and the STATE.

THANK YOU