Baby River Law

TWENTIETH CONGRESS OF THE Mis" REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 14 AID :33 SENATE RECLACE S. No. Introduced by Senator Jinggoy Ejercito Estrada AN ACT UPHOLDING THE RIGHT TO LIFE AND HUMAN DIGNITY OF MOTHERS DEPRIVED OF LIBERTY AND THEIR CHILDREN BY INSTITUTING REFORMS IN DETENTION FACILITIES AND PRISONS, PROVIDING GUIDELINES FOR PURPOSES THEIR TREATMENT, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER EXPLANATORY NOTE The heartbreaking case of Baby River Nasino highlighted policy gaps in protecting the life and upholding the best interests of newborns and infants born to mothers deprived of liberty. At the height of the Covid-19 pandemic, Baby River was born on July 1, 2020 underweight at about 5.5 Ibs. Despite recommendation from the hospital and pleas to the court to allow the baby to remain with her mother in the medical center or in detention facility, baby River was transferred to the care of her grandmother on August 13. At six weeks old, she was separated from her 23-year old mother who was arrested and detained in Manila City Jail for illegal possession of firearms and explosives. The infant's health quickly deteriorated, as she developed diarrhea and pneumonia. Eventually, baby River died on October 9 at barely three months old. This measure seeks to institute reforms in our prisons and detention facilities to address the specific health care needs and vulnerabilities of pregnant and breastfeeding mothers and their children. This legislation adopts rules provided under

The United Nations Standard Minimum Rules for the Treatment of Prisoners or the Nelson Mandela Rules, as well as the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders or The Bangkok Rules. Lastly, this bill incorporates guidelines embodied under the Comprehensive Policy on the Treatment of Pregnant PDL issued by the Bureau of Jail Management and Penology (BJMP) which took effect on 12 June 2021. The passage of this measure is fervently sought. fighted JINGGOY EJERCITO ESTRADA

accent titled TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 14. A10:33 SENATE S. No. 469 Introduced by Senator Jinggoy Ejercito Estrada AN ACT UPHOLDING THE RIGHT TO LIFE AND HUMAN DIGNITY OF MOTHERS DEPRIVED OF LIBERTY AND THEIR CHILDREN BY INSTITUTING REFORMS IN DETENTION FACILITIES AND PRISONS, PROVIDING GUIDELINES FOR THEIR TREATMENT, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Baby River Law".

Sec. 2. Declaration of Policy. - The State recognizes the vulnerability of women

and their dependent children. The State also affirms that among the essential aims of 4 the penitentiary system are the reformation, integration to the family, and social rehabilitation of mothers deprived of liberty. Towards this end, it shall comply with its 6 obligations as a member of the United Nations to carry out efforts to provide appropriate programs for pregnant women, nursing mothers and women with children incarcerated in detention facilities and prisons. The State likewise recognizes the rights of every child, and shall thus endeavor 10 to uphold their welfare, protect them and advocate for their best interest even when they are born to mothers who are either awaiting trial or sentence, or even when their mothers have been incarcerated. It shall give attention to the impact of parental detention and imprisonment of children, and identify and promote practices in relation to the needs and physical, emotional, social and psychological development of babies and children affected by parental detention and imprisonment.

Sec. 3. Coverage. - The programs and services set forth in this law shall apply

to all incarcerated women categorized as persons deprived of liberty (PDLs), i.e. detention prisoners or those awaiting trial and judgment and prisoners serving sentences. It shall cover all detention and prison facilities where there are women 5 PDLS.

Sec. 4. Care of Pregnant PDLS. - Pregnant PDLs shall receive timely and

appropriate pre-natal care, specialized obstetrical services when indicated, and post- partum care. There shall be established in all penal and detention facilities special accommodation for all necessary pre-natal and post-natal care and treatment among incarcerated women, and set forth specific compliance indicators for pregnancy care generally, including but not limited to the following: a) Pre-natal medical examinations; b) Pre-natal laboratory and diagnostic tests, including HIV testing and prophylaxis when indicated; c) Health education on levels of activity and safety precautions during pregnancy, among others; d) Pre-natal nutritional guidance and counseling; e) Mental health services and development programs, including strategies to prevent suicide and self-harm; f) Maintaining a list of specialized obstetrical services; g) Written agreement with a community facility for delivery; h) Essential newborn care; i) Documented, appropriate post-natal care; j) Keeping a list of all pregnancies and their outcomes; and k) Having a written policy and defined procedures addressing compliance with this standard.

Sec. 5. Health and Diet of Pregnant and Breastfeeding Women PDLS. - Pregnant

or breastfeeding women PDLs shall receive advice on their health and diet under a program to be drawn up and monitored by a qualified health practitioner.

Adequate and timely food, a healthy environment, and regular exercise opportunities shall be provided free of charge for pregnant women, babies, children, and breastfeeding mothers. The medical and nutritional needs of women PDLs who have recently given birth, but whose babies are not with them in detention facility or prison, shall be included in treatment programs.

Sec. 6. Breastfeeding Women PDLs. - Women PDLs shall not be discouraged

from breastfeeding their children, unless there are specific health reasons to do so.

Sec. 7. Childbirth. - Pregnant PDLs should be transferred to civilian hospitals

for childbirth as may be practicable. If the baby is born in prison, delivery should be undertaken by a medical specialist in facilities suitable for childbirth. Security measures applied when taking pregnant women to hospital and during childbirth should be the minimum necessary. The restraining of pregnant women during examinations, transport to and back from hospital, child-birth and immediately following childbirth shall be prohibited. Wherever the birth takes place, it should be registered immediately. If a child is born in prison, this fact shall not be mentioned in the birth certificate.

Sec. 8. Children Born to Women PDLs While Under Detention or Serving

Sentence. - Unless prohibited by health reasons, all infants born to women PDLs while the latter is under detention, shall remain with their mothers for the first twelve (12) months after birth. Thereafter, in allowing children to stay with their mothers while under detention or serving sentence, the best interest of the child shall be the paramount consideration. A decision to allow a child to stay with his or her mother in detention facility or prison shall be based on the best interests of the child concerned. Where a child is allowed to remain in a detention facility or prison with his or her mother, provision shall be made for: a) Food for babies and children free of charge, including milk, high-protein products and adequate amounts of fresh fruit and vegetables; b) Internal or external childcare facilities staffed by qualified persons, where the children shall be placed when they are not in the care of their mother; and

c) Child-specific healthcare services, including health screenings, upon admission and ongoing monitoring of their development by specialists. Children in prison with their mothers shall never be treated as prisoners. 4 Women PDLs whose children are in detention facilities and prison with them shall be provided with the maximum possible opportunities to spend time with their children.

Sec. 9. Children Living with Their Mother PDLs While Under Detention. -

Children living with their mothers in detention facilities or prisons shall be provided with ongoing healthcare services, and their development shall be monitored by 9 specialists. Detention facilities and prisons must collaborate with health clinics for 10 vaccinations and periodic examinations of children for administering their vaccinations 11 and monitoring their physical development. The State shall endeavor to provide an environment for such children's upbringing which is as close as possible to that of a child outside detention or penal facilities. Adequate play and exercise facilities shall be provided to them, and their 15 mothers should be provided with the maximum possible opportunities to spend time with them.

Sec. 10. Separation of Child from His/Her Mother PDL. - Decisions as to when

a child is to be separated from his/her mother after twelve (12) months from birth, shall be based on individual assessments and the best interest of the child. The removal of the child from prison shall be undertaken with sensitivity following an individual assessment as to the suitability of removal, when the infant has weaned, and when alternative care arrangements for the child have been identified and properly set up. After children are separated from their mothers and placed with family or relatives or in other alternative care, women PDLs shall be given the maximum possible opportunity and facilities to meet with their children, when it is in the best interest of the children, to reduce the mental distress of the mothers and the emotional trauma of the child, as well as to protect the children from developmental problems.

Sec. 11. Care for Separated Infants. - Infants separated from their mothers

shall be allowed to be brought for a visit on an agreed schedule, and stay for an agreed length of time within visiting hours to facilitate mother-child bonding and protected breastfeeding.

Mother-PDLs shall be allowed to communicate with her family, friends and relatives at regular intervals through regular visits or any other practicable means during the postpartum phase. Mother-PDLs shall also be allowed to express breastmilk for her separated newborn or infant and shall be provided a storage facility for such.

Sec. 12. Discipline and Punishment. - Solitary confinement for pregnant PDLS,

women PDLs with infant, breastfeeding PDLs and mothers shall be prohibited. Disciplinary segregation of mother-PDL and their infant is also prohibited.

Sec. 13. Separability Clause. - If any part or provision of this Act is declared

invalid or unconstitutional, the other parts not affected thereby shall remain valid.

Sec. 14. Repealing Clause. - All laws, decrees, executive orders, issuances, or

rules and regulations, or portions thereof, that are inconsistent with this Act or any provision or provisions thereof are repealed, modified or amended accordingly.

Sec. 15. 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,