Dignity for Women Deprived of Liberty Act

Sellate Office of the curciary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session ) 25 AUG -4 P1:13 SENATE RECEIVED B) S. No. 791 Introduced by Senator Loren Legarda AN ACT DEFINING THE RIGHTS OF WOMEN DEPRIVED OF LIBERTY IN JAILS AND CORRECTIONAL FACILITIES AND PROVIDING FUNDS FOR THEIR ENFORCEMENT EXPLANATORY NOTE The 1987 Constitution affirms the State's duty to value the dignity of every human person and to guarantee full respect for human rights. This duty does not cease at the gates of our penal institutions. It must extend to all persons deprived of liberty, including women, whose distinct needs and circumstances demand adequate recognition and protection. The Philippines has a significant population of incarcerated women, ranking as the seventh highest in the world as of 2021, with 16,439 women in prison, representing approximately 10 percent of the national prison population. 1 This figure reflects not only a significant population under State custody, but also a pressing institutional responsibility to uphold standards of humane treatment and gender- responsive care. While Republic Act No. 9710, or the Magna Carta of Women, recognizes the rights of women in especially difficult circumstances, including those in detention, persistent gaps in implementation remain. Across many facilities, conditions are 1 United Nations (UN) Women. Justice For Women, Justice For All Advancing The Community-Based Justice Model In The Philippines. https://asiapacific.unwomen.org/sites/default/files/2022- 12/UNW_Pilot-Factsheet-Philippines.pdf.

characterized by severe congestion, inadequate healthcare and hygiene provisions, absence of gender-sensitive infrastructure, and limited mechanisms to prevent abuse or ensure accountability. These systemic deficiencies erode the safety, dignity, and basic protections to which all persons are entitled, regardless of their custodial status. This bill affirms the fundamental principle that incarceration does not extinguish a person's rights. It establishes clear standards for the treatment of women deprived of liberty, ensuring access to essential health services and hygiene products, gender- sensitive and trauma-informed medical care, and protection from abuse, coercion, or degrading treatment. It also sets appropriate standards of care for pregnant women and mothers, and addresses the specific medical and psychosocial needs of women in custody. To safeguard dignity and security, this measure strengthens compliance by requiring the provision of adequately equipped, secure, and gender-appropriate facilities under the supervision of trained and qualified female personnel. It guarantees access to education, legal aid, and rehabilitation programs, and reinforces institutional accountability through regular training, monitoring, and confidential complaint mechanisms. These reforms aim to align custodial practices with constitutional principles and international standards, while ensuring that the rights of women in detention are recognized, respected, and upheld. In view of the foregoing, the early passage of this bill is earnestly requested. LOREN LEGARDA

Senate uffier of the se metary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session AUG -4 P1:13 SENATE RECEIVED BY. S. No._ Introduced by Senator Loren Legarda 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. Declaration of Policy. - It is hereby declared the policy of the State to

4 uphold and protect the fundamental rights of all persons deprived of liberty, with due regard for the unique and gender-specific needs of women. The State shall ensure their health, security, dignity, and overall well-being, and guarantee humane 7 conditions of confinement and meaningful access to rehabilitation and reintegration. 8 The State likewise affirms the duty of all institutions and personnel involved in the 9 administration of justice to act with gender sensitivity, non-discrimination, and full respect for the dignity of women deprived of liberty.

Sec. 3. Definition of Terms. -

(a) "Woman deprived of liberty" refers to any woman detainee, inmate, prisoner, or any other woman under confinement or custody in any manner. To uphold the dignity of persons deprived of liberty and prevent stigmatization, this term shall be used in accordance with Article 10 of the International Covenant on Civil and Political Rights (ICCPR); (b) "Jails and correctional facilities" include all municipal, city, and district

jails under the jurisdiction of the Bureau of Jail Management and Penology (BJMP); provincial jails administered by their respective provincial governments; and correctional facilities under the Bureau of Corrections (BuCor), all of which are responsible for the custody and reformation of women deprived of liberty; (c) "Jail and correctional facility employee" refers to any person employed by a jail or correctional facility, including but not limited to, uniformed personnel of the BJMP as enumerated in Section 12 of Republic Act No. 9263, and uniformed personnel of the BuCor as enumerated in Section 19 of Republic Act No. 10575; (d) "Healthcare products" refer to items necessary to maintain the personal hygiene and well-being of women deprived of liberty, including but not limited to: (1) Feminine hygiene products, such as sanitary napkins, panty liners, and tampons; (2) Toiletries, such as soap, shampoo, toothpaste, and towels; (3) Undergarments; (4) Clean and safe drinking water; and (5) Such other healthcare products as may be deemed appropriate by the jail or correctional facility, upon the recommendation of a licensed gynecologist or other qualified healthcare professional. (e) "Infant children" refer to children of women deprived of liberty who are from zero (0) to twelve (12) months of age; (f) "Mental health" refers to a state of well-being in which the individual realizes one's own abilities and potential, copes adequately with the normal stresses of life, demonstrates resilience in the face of extreme life events, works productively and fruitfully, and is able to contribute positively to the community, as defined under Section 4 of Republic Act No. 11036, otherwise known as the "Mental Health Act." (g) "Mental Health Service" refers to psychosocial, psychiatric, or neurologic activities and programs covering the full range of mental health support

services, including promotion, prevention, screening, diagnosis, treatment, crisis intervention, rehabilitation, and aftercare, delivered by licensed mental health facilities and professionals, as defined under

Section 4 of Republic Act No. 11036. These services shall be gender-

sensitive, trauma-informed, and responsive to the unique and specific needs of women deprived of liberty; and (h) "State of undress" refers to a state in which a person is not clothed, partially clothed, or otherwise exposed in a manner inconsistent with privacy and dignity.

Sec. 4. Right to Health Care. -

(a) Right to Preventive Health Care. - Every woman deprived of liberty shall have the right to preventive health care, including: (1) Regular preventive medical check-ups, including consultations with a licensed gynecologist or obstetrician; (2) Access to mental health services; (3) Regular sun exposure and physical exercise; and (4) Provision of dietary supplements for pregnant, lactating, elderly, and menstruating women, based on the assessment of a qualified health professional. These services shall be provided at no cost to the woman deprived of liberty. (b) Right to Health Care Products. - Women deprived of liberty shall have the right to access essential health care products. Jails and correctional facilities shall ensure the regular, adequate, and free distribution of such products, without requiring a medical referral or diagnosis. No woman deprived of liberty shall be denied access to these products, nor shall access be made conditional on any discretionary or administrative measure imposed by the facility; and (c) Right to Medical Examination and Treatment. - Every woman deprived of liberty has the right to timely and appropriate medical examination and treatment. Upon request, she shall be examined or treated by a female physician or nurse, to the extent possible, except in emergency

situations requiring immediate medical intervention. In cases where a male physician or nurse must conduct the examination, a female staff member shall be present at all times. All medical procedures shall be conducted in a manner that respects the woman's privacy, dignity, and cultural or religious sensitivities.

Sec. 5. Right of Pregnant Women Against Restraint. - No pregnant woman

7 deprived of liberty shall be subjected to the use of restraints at any time during medical examinations, transportation for childbirth, labor, delivery, or the immediate postpartum period. The use of restraints shall be strictly prohibited unless, in the most exceptional and strictly necessary circumstances, there exists a specific and imminent risk of escape or serious harm to the woman, her child, or others, and only when all reasonable preventive and non-restraint measures have been exhausted and less restrictive alternatives have been determined to be clearly inadequate. In such cases, restraint may be applied only outside the periods of labor and delivery, and shall be authorized in writing by the head of the facility, with full documentation in the medical and custodial records of the woman concerned. Only the least restrictive form of restraint shall be used and applied in a manner that poses no risk of injury or adverse effect to the woman, her child, or her pregnancy. Under no circumstances shall restraints be used during any stage of labor or delivery.

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

Facilities. - A woman deprived of liberty shall have the right to remain with her infant child in an infirmary or designated mother-and-child unit within the correctional or jail facility until the child reaches one (1) year of age. During this period, the woman shall receive appropriate postpartum care to ensure her physical and mental well- being, and the health and development of the child. After the child turns one (1) year old, continued stay within the facility may be permitted if it is determined to be in the best interest of both mother and child, based on a joint evaluation by the facility's medical officer, a competent health professional, and a licensed social worker. Otherwise, the child shall be placed under the care of a qualified relative or, in the absence of such, referred to a suitable child-caring

1 institution. In cases where the child is placed outside the facility, the Department of Social 3 Welfare and Development (DSWD) and the responsible social welfare officer shall 4 ensure continued communication and regular visitation between the mother and the 5 child, subject to the child's age, developmental needs, and best interests.

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

7 Segregation. - No woman deprived of liberty who is pregnant, breastfeeding, or caring for an infant child shall be subjected to close confinement, solitary 9 confinement, or any form of disciplinary segregation, regardless of the offense committed within the facility. Alternative disciplinary measures, if necessary, shall be applied in a manner consistent with the woman's health status, caregiving role, and psychological well- being, and shall not result in the separation of mother and child without a compelling medical or welfare-related justification, as evaluated by the facility's medical officer.

Sec. 8. Right to Education and Information. - Women deprived of liberty shall

have the right to access education and information programs that promote personal development, health, and reintegration into society. These shall include, but not be limited to, literacy and numeracy, reproductive health and preventive healthcare, parenting education, vocational or livelihood training, and opportunities for moral, cultural, and spiritual development. Such programs shall be made available on a regular and sustained basis, and shall be responsive and appropriate to the woman's age and cultural background. The facility shall ensure access to informational materials and learning sessions in a language and format she can understand. The BJMP, the BuCor, and other relevant government agencies shall coordinate with the Department of Education, the Technical Education and Skills Development Authority (TESDA), and accredited civil society and faith-based organizations to ensure the effective delivery of these services.

Sec. 9. Right to Legal Assistance in Filing Complaints. - Women deprived of

liberty shall have the right to be provided with free and adequate legal assistance in filing administrative, civil, or criminal complaints against any person, including jail or correctional facility employees or fellow persons deprived of liberty, for acts of rape,

1 sexual harassment, physical abuse, psychological abuse, or other forms of violence 2 or cruel, inhuman, or degrading treatment. Any woman deprived of liberty who files such a complaint shall be protected 4 from retaliation, threats, intimidation, or any further harm from any person. She shall be provided with immediate medical care, psychosocial support, and access to a 6 gender-sensitive counselor. Confidentiality and dignity shall be strictly observed 7 throughout the process. All complaints shall be acted upon without delay. An initial report of findings 9 shall be submitted to the Superintendent or facility head within forty-eight (48) hours 10 from receipt of the complaint or incident report. Thereafter, the Superintendent shall, within twenty-four (24) hours, initiate appropriate administrative action against any personnel found to have committed violations, without prejudice to any criminal investigation or prosecution.

Sec. 10. Restrictions on Male Employees of Jails and Correctional Facilities. -

(a) No male jail or correctional facility employee shall conduct a pat-down or body cavity search on a woman deprived of liberty, except in cases of immediate and specific risk of serious harm to the woman or others, and only when a female staff member is not available. In no case shall a woman be required to strip completely during a search. Jails and correctional facilities shall adopt alternative screening methods, such as scanning devices or non-invasive procedures, to replace strip searches and body cavity searches. These methods shall be designed to minimize psychological harm and preserve the woman's privacy and dignity; (b) A male jail or correctional facility employee shall announce his presence before entering any cell or housing unit designated for women deprived of liberty; and (c) No male employee shall enter any area where women may reasonably be in a state of undress or where they may be viewed while in such a state, including but not limited to restrooms, shower areas, and medical treatment rooms. In exceptional cases, such as a medical emergency or when a woman presents an immediate risk of serious harm, a male

employee may enter or assist only when no female staff member is available, and such entry must be logged and documented in the official records of the facility.

Sec. 11. Separate Prison Cell and Facilities. - Women deprived of liberty shall,

5 at all times, be held separately from men deprived of liberty. For this purpose, all jails 6 and correctional facilities shall construct, designate, or retrofit separate cells, 7 dormitories, and support facilities exclusively for the custody, health, rehabilitation, 8 and safety of women. Such separation shall include not only sleeping quarters but also dining areas, medical treatment rooms, recreational spaces, and sanitary facilities, and shall be 11 implemented in a manner that protects the privacy and dignity of women. In existing jails and correctional facilities where both men and women are held, 13 a clearly defined and secure section shall be allocated exclusively for women deprived of liberty. The continued use of shared or common spaces shall be prohibited, except where permitted under secure, controlled, and gender-sensitive arrangements necessary for medical care, education, or authorized rehabilitation programs.

Sec. 12. Control and Supervision of Jails and Correction Facilities with Women

Deprived of Liberty. - In all jails and correctional facilities housing both men and women, the section or unit designated for women deprived of liberty shall be placed 20 under the direct control and supervision of a qualified female officer. She shall have 21 full authority over the custody, welfare, discipline, and daily operations within the 22 women's section. To the extent practicable, all frontline custodial and administrative personnel assigned to women's units shall likewise be female. In cases where male personnel must perform duties within or near women's areas, such assignments shall be strictly limited, supervised, and recorded in accordance with Section 10 of this Act. The BJMP, the BuCor, and the concerned local government units shall ensure compliance with this provision, including the hiring, training, and retention of qualified female personnel for this purpose.

Sec. 13. Hiring and Training of Additional Women Prison Personnel. - To

ensure the effective implementation of this Act, all jails and correctional facilities shall maintain a sufficient number of qualified female personnel for both custodial and

1 rehabilitative functions involving women deprived of liberty. The BJMP, the BuCor, and the concerned local government units shall ensure 3 the following minimum staffing ratios are observed and sustained: (a) One (1) female custodial officer for every seven (7) women deprived of liberty; and (b) One (1) female rehabilitation or reformation personnel for every twenty- four (24) women deprived of liberty. All personnel assigned to women's units shall undergo regular and mandatory 9 training on the gender-specific needs, rights, and psychosocial conditions of women 10 deprived of liberty. Such training shall include modules on trauma-informed care, prevention of sexual and gender-based violence, mental health awareness, and culturally responsive and rights-based custodial practices.

Sec. 14. Monitoring, Evaluation, and Confidential Reporting. - The BJMP, the

BuCor, and the concerned local government units shall maintain records and prepare periodic reports on the implementation of this Act, including data on access to healthcare, education, complaint resolution, facility conditions, staffing, and the status of women deprived of liberty. All records and reports shall respect the rights to privacy, confidentiality, and dignity of women deprived of liberty, and shall not disclose personal information or case-specific details that may identify any individual. An annual consolidated report shall be submitted to the Department of Justice and the Department of the Interior and Local Government, and transmitted to the Senate and House of Representatives. Reports shall be anonymized and disaggregated by age, facility type, and relevant demographic information to support evidence-based decision-making.

Sec. 15. Implementing Rules and Regulations. - The Department of Justice

(DOJ) and the Department of the Interior and Local Government (DILG), shall within ninety (90) days from the effectivity of this Act, promulgate the rules and regulations to effectively implement the provisions of this Act.

Sec. 16. Appropriations. - The amount necessary for the initial implementation

31 of this Act, insofar as it pertains to jails and correctional facilities under the BJMP and 32 BuCor, shall be charged against the current appropriations of the said agencies.

1 Thereafter, the necessary funds for the continued and full implementation of this Act 2 shall be included in the annual General Appropriations Act (GAA). The provincial governments shall likewise appropriate the funds necessary for the effective implementation of this Act in jails and facilities under their jurisdiction.

Sec. 17. Separability Clause. - If any portion or provision of this Act is declared

unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in force and effect.

Sec. 18. Repealing Clause. - Any law, presidential decree or issuance,

executive order, letter of instruction, rule or regulation inconsistent with the 10 provisions of this Act is hereby repealed or modified accordingly.

Sec. 19. Effectivity. - This Act shall take effect after fifteen (15) days following

its complete publication in the Official Gazette or a newspaper of general circulation. Approved,