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Human rights are those activities, conditions, and freedoms that all

human beings are entitled to enjoy, by virtue of their humanity. They


include civil, political, economic, social and cultural rights. Human rights
are inherent, inalienable, interdependent, and indivisible, meaning they
cannot be granted or taken away, the enjoyment of one right affects the
enjoyment of others, and they must all be respected.

Basically, human rights protect individuals from government action


that would threaten or harm certain freedoms thought to be fundamental,
such as life, physical integrity, and liberty.

International human rights law is, essentially, a set of rules governing


State behavior vis-a-vis individuals and, at its most basic, requires States
to ensure that people can enjoy their fundamental freedoms.

Like national constitutions, which are covenants between


governments and their citizens, international human rights treaties are
covenants between States and the international community, whereby
States agree to guarantee certain rights within their own territories.

International human rights law lays down obligations which States are
bound to respect. By becoming parties to international treaties, States
assume obligations and duties under international law to respect, to protect
and to fulfil human rights. The obligation to respect means that States
must refrain from interfering with or curtailing the enjoyment of human
rights. The obligation to protect requires States to protect individuals and
groups against human rights abuses. The obligation to fulfil means that
States must take positive action to facilitate the enjoyment of basic human
rights.

Through ratification of international human rights treaties,


Governments undertake to put into place domestic measures and
legislation compatible with their treaty obligations and duties. The domestic
legal system, therefore, provides the principal legal protection of human
rights guaranteed under international law.

Where domestic legal proceedings fail to address human rights


abuses, mechanisms and procedures for individual and group complaints
are available at the regional and international levels to help ensure that
international human rights standards are indeed respected, implemented,
and enforced at the local level.

The Philippines has been a signatory to several human rights treaties


and conventions such as the Universal Declaration of Human Rights.
Of the ten ASEAN Member States, the Philippines has ratified the
most international human rights treaties. The 2006 International
Convention for the Protection of All Persons from Enforced
Disappearances is the only one of the nine core human rights treaties not
yet ratified by the Philippines.

Crime prevention, on the other hand, is the attempt to reduce and


deter crime and criminals. It is applied specifically to efforts made by the
governments to reduce crime, enforce the law, and maintain criminal
justice.

Crime Prevention comprises strategies and measures that seek to


reduce the risk of crimes occurring, and their potential harmful effects on
individuals and society, including fear of crime, by intervening to influence
their multiple causes.

The prevalence of high levels of crime does not only mar the image of
law enforcement agencies but also destabilises the peace and security of
the country and eats at the hearts (erodes) of our “nascent” democracy.
Indeed the ability to control crime and safeguard the lives and property of
the people is of paramount importance in any civilised society.

However, a dilemma has been created by the application of


international human rights law and the enforcement of crime prevention in
states.

Thus, as the question imply, what must prevail? International Human


Rights Law or Crime Prevention?

In an effort to prevent crime, the basic human rights of individuals


were sometimes being neglected.

For example, in the Philippines, because of the prevention of drug


use and other drug related offenses, basic human rights were being
violated.

Crime prevention strategies should not only deter crime but also
reduce the risk of increasing victimization in the society. But certain cases
shows that even the “alleged criminals” were being victimized, having their
basic human rights removed from them.

The very specificity of the concept of “human rights” is that they


belong to the individual in his or her quality as a human being, who cannot
be deprived of their substance in any circumstances; these rights are thus
intrinsic to the human condition.
The Universal Declaration of Human Rights, the International
Covenant on Civil and Political Rights and the International Covenant on
Economic, Social and Cultural Rights all give expression to this
fundamental ethical basis in their first preambular paragraphs by
recognizing “the inherent dignity and ... the equal and inalienable rights of
all members of the human family”.

But we may also ask, is the exercise of such rights absolute?

The exercise – albeit not the substance per se – of certain rights,


such as the right to freedom of expression, the right to freedom of
association and assembly, the right to freedom of movement and the right
to respect for one’s private and family life and correspondence, is generally
accompanied by certain limitations that can be imposed, for instance, in
order to protect the rights and freedoms of others, national security, and
public health or morals. These limitations are the result of carefully
weighed interests.

Limitations on the exercise of human rights are the result of a careful


balance between the individual’s interest and the general interest, and
must, in order to be lawful: 1) be defined by law; 2) be imposed for one or
more specific legitimate purposes; 3) be necessary for one or more of
these purposes in a democratic society. In order to be necessary the
limitation, both in general and as applied in the individual case, must
respond to a clearly established social need. It is not sufficient that the
limitation is desirable or simply does not harm the functioning of the
democratic constitutional order.

However, States may not invoke their internal law to justify violations
of international law, but are free to choose the modalities for implementing
that law.

A primary function of government is to provide for the security of its


citizens. How governments perform this function is of critical importance. In
both enforcing laws and maintaining order, governments employ non-
negotiable coercive force inherent in the nature of sovereignty.

Since the primary function of government is to provide for


security, including the maintenance of order, the police contribute by
helping to create that sense of order. They help to define the boundaries of
community norms by what kinds of behavior they sanction.
The fundamental rights at stake when state agents seek to enforce
the law are primarily those guaranteeing the life and physical integrity of
suspects, as well as the right to privacy.

At the same time, states have a duty to protect the security of


citizens. International treaties and other instruments, and the special
mechanisms established by the Commission on Human Rights and other
United Nations bodies have developed these rights further. As they move
from operating in authoritarian environments where police powers were
used to suppress legitimate dissent, the need to address detainees’ rights
in the larger context becomes apparent, setting new challenges for human
rights defenders.

Faced with rising crime, or the perception that crime is rising, people
who believe themselves to be at risk seek simplistic, often harsh solutions.
In this context, those who defend the rights of criminals may be considered
to be sympathetic to criminals. As the desire for revenge intensifies, so
does the animosity directed at rights defenders and others who oppose
retribution.

States have human rights obligations to people under their


jurisdiction. These include the obligation to protect their security and
provide services that prevent crime and violence against the person,
including abuse of the rights of detainees.

Government policies in the transitional period do play a critical role in


the exacerbation or suppression of crime, and strongly influence public
perception of security and human rights. Not addressing these issues
carefully has led many governments to fail in areas vital to the success of
any democratic transition. Thoughtful policies both help to control criminal
violence and maintain public respect for human rights.

The enforcement of international human rights laws is as important as


the prevention of crimes in a nation. Thus we may ask, is there really
something that must prevail between the enforcement of International
Human Rights and Prevention of Crimes to maintain order?

There must be no competition as to what must prevail between the


two important components of governance in a State. Rather, the
enforcement of international human rights and the prevention of crimes to
maintain order must be harmonized.

The rule of law and those human rights which are recognized in
international instruments to which Member States are parties must be
respected in all aspects of crime prevention, and a culture of lawfulness
actively promoted.
International Human rights law is indispensable to the life of man
today, this is owing to global nature of the world that needs a global set of
rules on rights common to all persons in the world, notwithstanding the fact
that absolute enjoyment of Human rights by persons is not attainable
anywhere in the world. Peace and security is the foundation for the survival
of states. Hence the extent of achievement of international peace cannot
be quantified.

http://www.ijrcenter.org/ihr-reading-room/overview-of-the-human-rights-
framework/

http://www.un.org/en/sections/universal-declaration/foundation-
international-human-rights-law/index.html

https://humanrightsinasean.info/philippines/rule-law-human-rights.html

Guidelines for the Prevention of Crime ECOSOC Resolution 2002/13,


Annex.

https://www.unodc.org/unodc/en/justice-and-prison-
reform/CrimePrevention.html

https://www.newvision.co.ug/new_vision/news/1423426/crime-prevention-
responsibility

http://www.ohchr.org/documents/publications/training9chapter1en.pdf

http://www.ichrp.org/files/summaries/10/114_summary_en.pdf

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