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”.
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They erode public confidence;
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They hamper effective prosecutions in court;
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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.
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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:
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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.
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9. Doesn’t concern for human rights
hinder effective police work?
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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.
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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
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