Dignity for Women Deprived of Liberty Act

Schaie fee of the solary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG 20 A10:52 SENATE RECEIVED BY: S. No. - 1222 Introduced by SENATOR CAMILLE A. VILLAR AN ACT DEFINING THE RIGHTS OF WOMEN DEPRIVED OF LIBERTY IN JAILS AND CORRECTIONAL FACILITIES AND PROVIDING FUNDS FOR THEIR ENFORCEMENT EXPLANATORY NOTE

Section 11, Article II of the Constitution provides that "The State values the

dignity of every human person and guarantees full respect for human rights". Republic Act No. 9710, or the Magna Carta of Women, includes women in detention under the category of women in especially difficult circumstances and affords them specific services and interventions. However, implementation remains inconsistent and inadequate. The deprivation of liberty should not equate to the deprivation of dignity. Women deprived of liberty often face greater challenges in accessing basic needs such as hygiene, healthcare, and protection from abuse while in detention. Moreover, women in detention are particularly vulnerable to violations of their rights, including physical and sexual abuse. Many are also mothers, and the lack of gender-sensitive care within jails and correctional facilities exposes them and their children to further harm. Their health needs, especially related to menstruation, pregnancy, childbirth, and postpartum recovery require attention that the current penal system is not fully equipped to provide.

While provisions under the UN Standard Minimum Rules unequivocally require the provision of pre- and post-natal services, the data showed that there is generally no provision for pre-natal care and services in the different Police Stations in NCR. A rundown of all the police districts in the NCR revealed that the practice of most police stations with respect to pre- and post-natal services is the same with the manner it addresses the need for medical services --- the cases are referred to the nearest clinic or government hospital. This falls short with what the Standards and the Bangkok Rules which commit states, including the Philippines, to reduce the incarceration of women, and if they are already in prison, protect their rights and uphold their dignity. I This bill aims to help address the indignity and health hazards of women deprived with liberty by considering their distinctive needs as women and mothers. Our criminal justice system must not only punish wrongdoing but also provide a path toward redemption and reintegration. A compassionate and humane system uplifts lives, allowing every person the opportunity to rebuild, contribute to society, and live a law-abiding and fulfilling existence. In view of the foregoing, the approval of this bill is earnestly sought. CAMILLE A. VILLAR 1 https://asiapacific.unwomen.org/en/digital-library/publications/2021/10/the-bangkok-rules-in- filipino#:~;text=The%20Bangkok%20Rules%20commit%20states,rights%20and%20uphold%20their%20dignity ; Bangkok Rules is officially known as the United Nations Rules for the Treatment of Women Prisoners and Non- custodial Measures for Women Offenders

Selate Office of the a revelarg TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session ) 25 AUG 20 A10:53 SENATE RECEIVED BY: S. No. 1222 Introduced by SENATOR CAMILLE A. VILLAR AN ACT DEFINING THE RIGHTS OF WOMEN DEPRIVED OF LIBERTY IN JAILS AND CORRECTIONAL FACILITIES AND PROVIDING FUNDS FOR THEIR ENFORCEMENT Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Dignity for Women

2 Deprived of Liberty Act .

Sec. 2. State Policy. - It is hereby declared the policy of the State to

4 safeguard the basic rights of every person deprived of liberty, especially women, 5 taking into account the distinctive needs of women, and to promote their health, 6 security, dignity, and general welfare.

Sec. 3. Definitions. - As used in this Act, the term:

(a) "Woman deprived of liberty" refers to a woman detainee, inmate, or prisoner, or other women under confinement or custody in any other manner. However, in order to prevent labeling, branding, or shaming by the use of these or other derogatory words, this new and neutral term shall be used in accordance with Article 10 of the International Covenant on Civil and Political Rights (ICCPR);

(b) "Jails and correctional facilities" shall cover every municipal, city, and district jails under the jurisdiction of the Bureau of Jail Management and Penology (BJMP); the various provincial jails under the respective provincial governments; and the correctional facilities under the jurisdiction of the Bureau of Corrections, which are charged with the custody or reformation of women deprived of liberty incarcerated therein; (c) "Jail and correctional facility employee" means any person employed by a jail or correctional facility, which includes, but is not limited to, the uniformed personnel of the Bureau of Jail Management and Penology as enumerated in Section 12 of Republic Act No. 9263 and the uniformed personnel of the Bureau of Corrections as enumerated in

Section 19 of Republic Act No. 10575;

(d) "Healthcare products" includes the following: (1) Feminine hygiene products such as sanitary napkins, panty liners, and tampons; (2) Soap; and (3) Any other health care product that the jail or correctional facility deems appropriate, as identified or recommended by a gynecologist or a health care professional; (e) "Infant children" refers to children of women deprived of liberty of the age of zero to twelve (0-12) months old; (f) "State of undress" means not dressed or not fully dressed.

Sec. 4. Right to Health Care. -

a. Right to Preventive Health Care. - It shall be the right of every woman deprived of liberty to be provided with proper preventive health care.

This includes: 1. regular preventive medical examination, especially with a gynecologist or obstetrician, 2. regular sunning (sun exposure) and exercise; and 3. provision of dietary supplements for pregnant, lactating, elderly and menstruating women. The supplements shall be provided at no cost and shall be determined by a gynecologist, or by an obstetrician for pregnant women. b. Right to Health Care Products. - It shall be the right of a woman deprived of liberty to be provided health care products. Thus, a jail or correctional facility shall make available health care products to each woman deprived of liberty at no cost to the woman without need for a medical referral. A jail correctional facility may not require that a woman deprived of liberty be diagnosed with an illness in order to access health care products. c. Right to Medical Examination and Treatment. - It shall be the right of a woman deprived of liberty to be examined or treated for an illness. In case a woman deprived of liberty requests that she be examined or treated by a woman physician or nurse, a woman physician or nurse shall be made available, to the extent possible, except for situations requiring urgent medical intervention. If a male physician or nurse undertakes the examination contrary to the wishes of the woman deprived of liberty, a woman staff member shall be present during the examination.

Sec. 5. Right of Pregnant Women Against Restraint. - It shall be the right

of a pregnant woman deprived of liberty not to be restrained, in any manner, during medical examinations, transport to hospital to give birth, during labor, 28 and immediately after birth.

Sec. 6. Right to Stay with their Infant Children in Infirmaries Inside Correctional

2 Facilities, - It shall be the right of a woman deprived of liberty 3 to stay with her infant child in infirmaries located inside correctional facilities, 4 until the infant child shall have attained the age of one (1) year old. The woman 5 deprived of liberty shall undergo postpartum care to ensure physical and 6 mental health and wellness. After the child has attained one (1) year of age, 7 the child may stay with the mother deprived of liberty inside correctional 8 facility if it is advantageous to both the mother and the child, as recommended 9 by the medical officer of the correctional facility or a by a competent health 10 professional and a social worker. Otherwise, the child shall be placed under 11 the care of relatives or in an orphanage if no relative would come to take care 12 of the child. In case the child of a woman deprived of liberty be placed under the care 14 of relatives or in an orphanage, the Social Welfare Officer shall see to it that 15 the child shall have continuous communication with and periodical visits to 16 the mother deprived of liberty.

Sec. 7. Right Against Punishment by Close Confinement or Disciplinary

Segregation. - It shall be the right of a woman deprived of liberty who is pregnant, has an infant child, or is a breastfeeding mother not to be punished 20 by close confinement or disciplinary segregation.

Sec. 8. Right to Legal Assistance in Filing Complaints. - It shall be the

22 right of a woman deprived of liberty to be provided legal assistance in filing administrative and/or criminal complaints against any jail or correctional facility employee or fellow person deprived of liberty who have committed rape, sexual harassment or physical and mental abuse against her. During the process, the complaining woman deprived of liberty shall be protected from 27 any kind of mental and physical torture, threats, ill treatments and other 28 possible harm from any party and shall be provided immediate medical 29 assistance.

All administrative complaints must be acted upon with dispatch, 2 prompt and impartial Investigation and findings must be submitted to the respective Superintendent in charge of the jail or correctional facility within 4 forty-eight (48) hours from receipt of the complaint or any incident report. 5 Thereafter, the Superintendent shall, within twenty-four (24) hours, make the 6 appropriate administrative action against the guilty jail or correctional facility personnel.

Sec. 9. Restrictions on Male Employees of Jails and Correctional Facilities -

(a) A male jail or correctional facility employee may not conduct a pat down search or body cavity search on a woman deprived of liberty unless the woman presents an immediate risk of harm to herself or others and a female jail or correctional facility employee is not available to do the search. No woman deprived of liberty shall be required to strip completely during the search. Alternative screening methods, such as scans, shall be developed to replace strip searches and invasive body searches, in order to avoid the harmful psychological and possible physical Impact of invasive body searches. (b) A male jail or correctional facility employee may not enter an area of the jail or correctional facility in which woman deprived of liberty may be in a state of undress or an area where a woman deprived of liberty' in a state of undress may be viewed, including, but not limited to, restrooms, shower areas, and medical treatment areas. If a female jail or correctional facility employee is not available or if a female jail or correctional facility employee requires assistance, a male jail or correctional facility employee may enter such area only in the event of a medical emergency or if a woman deprived of liberty presents an immediate risk of harm to herself or others.

Sec. 10. Separate Prison Cells and Facilities. - Women deprived of liberty

2 shall, at all times, be held separately from men deprived of liberty. For this 3 purpose, separate cells and facilities for women shall form part of the standard 4 design in the construction and improvement of jails and correctional facilities; 5 Provided, That in institutions which presently receives both men and women 6 deprived of liberty, there shall be a section or part allocated exclusively for 7 women deprived of liberty.

Sec. 11. Control and Supervision of Jails and Correction Facilities with Women

9 Deprived of Liberty. - In institutions having both men and women 10 deprived of liberty, the section or part set aside for women deprived of liberty 11 shall be under the authority of a woman prison officer who shall have control 12 and supervision of such section.

Sec. 12. Hiring and Training of Additional Women Prison Personnel. - To ensure

14 the effective implementation and to carry out the full intent of this 15 Act, the jails under the jurisdiction of the Bureau of Jail Management and 16 Penology and the provincial governments, and the correctional facilities under 17 the jurisdiction of the Bureau of Corrections, are hereby mandated to maintain 18 the women custodial personnel-to-women deprived of liberty ratio of 1:7 and 19 women reformation personnel-to-women deprived of liberty ratio of 1:24. All staff assigned to work with women deprived of liberty shall receive 21 training relating to the gender-specific needs and human rights of women 22 deprived of liberty.

Sec. 13. Appropriations. - The amount necessary for the implementation

of this Act insofar as it refers to the municipal, city, and district jails and to correctional facilities shall be charged to the current appropriations of the 26 Bureau of Jail Management and Penology and Bureau of Corrections, respectively. Thereafter, such sum as may be necessary for the continued implementation of this Act shall be included in the annual General 29 Appropriations Act.

The provincial governments shall be responsible for appropriating the 2 necessary amount needed for the implementation of this Act with regard 3 to provincial jails.

Sec. 14. Implementing Rules and Regulations. - Within ninety (90) days

5 after the approval of this Act, the Secretary of Justice and the Secretary of 6 Interior and Local Government shall promulgate the necessary rules and 7 regulations for the effective implementation of this Act.

Sec. 15. Repealing Clause. - All laws, executive orders, and other issuances

9 inconsistent with the provisions of this Act are hereby repealed or amended accordingly.

Sec. 16. Separability Clause. - If, for any reason, any part or provision of

this Act is declared invalid or unconstitutional, any part or provision not affected thereby shall remain in full force and effect.

Sec. 18. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in two (2) newspapers of general circulation. Approved,