8. Don’t human rights undermine law and order? authority. The effects of police human rights violations are manifold: The protection of human rights is fundamental to genuine and lasting law and order. The Universal Declaration of Human Rights recognizes that “it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law”. ● They erode public confidence; ● They hamper effective prosecutions in court; ● They isolate the police from the community; That message is as clear today as it was in 1948 when the Universal Declaration was adopted. Without the maintenance of the rule of law, violations of rights occur. And where serious and systematic human rights violations occur, disrespect for the law and public authorities grows and open conflict becomes more likely. Violating human rights cannot contribute to the maintenance of public order and security but can only undermine and destroy it. ● ● ● ● ● It is important to recognize that there are internationally accepted limitations on the exercise of many human rights for the purpose of ensuring the requirements of maintaining public order in a democratic society. These limitations, where they exist, are specified in the texts of the various human rights treaties. In general, such limitations and restrictions are those which are determined by law and are necessary: ● ● They result in the guilty going free and the innocent being punished; They leave the victim of crime without justice for his or her suffering; They force police agencies to be reactive rather than preventive in their approach to crime; They bring agents and institutions of public authority into disrepute; and They exacerbate civil unrest. 10. How can respecting human rights help the police? Respect for human rights by law enforcement agencies actually enhances their effectiveness. Where human rights are systematically respected, police officers have developed professionalism in their approaches to solving and preventing crime and maintaining public order. In this sense, respect for human rights by police is, in addition to being a moral, legal and ethical imperative, a practical requirement for law enforcement. When police are seen to respect, uphold and defend human rights: To ensure respect for the rights and freedoms of others; and To meet the just requirements of morality, public order and general welfare in a democratic society. It is therefore the duty of all citizens to respect the rights of others and to observe the lawful and necessary requirements of maintaining public order in a democratic society. ● ● ● 9. Doesn’t concern for human rights hinder effective police work? ● We have all heard the argument that respect for human rights is somehow opposed to effective law enforcement, that in order to enforce the law, to capture the criminal and to secure his or her conviction, it is necessary to “bend the rules” a little. We have all seen the tendency to use overwhelming force in controlling demonstrations, physical pressure to extract information from detainees or excessive force to secure an arrest. According to this way of thinking, law enforcement is a war against crime and human rights are merely obstacles thrown in the path of the police by lawyers and NGOs. ● ● ● ● In fact, violations of human rights by police only make the already challenging task of law enforcement more difficult. When the law enforcer becomes the lawbreaker, the result is an assault on human dignity, on the law itself and on all institutions of public Public confidence is built and community cooperation fostered; Legal prosecutions are successful in court; Police are seen as part of the community, performing a valuable social function; The fair administration of justice and hence confidence in the system is served; An example is set for respect for the law by others in society; Police are able to be closer to the community and therefore in a position to prevent and solve crimes through proactive policing; Support is elicited from the media, from the international community and from higher authorities; and A contribution is made to the peaceful resolution of conflicts and complaints. An effective police service is one that serves as the first line of defence in the protection of human rights. Its members carry out their work in a way that does not 16