Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

Eighteenth Congress
First Regular Session
+. 5285

HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVES
ARLENE D. BROSAS AND ISAGANI S. AMATONG

EXPLANATORY NOTE

This bill seeks to define certain rights of women deprived of liberty,
taking into account their distinctive needs as women and mothers.

Under the Constitution, it is the policy of the State to value the dignity
of every human person. Persons deprived of liberty do not lose their dignity
upon their incarceration, and thus they retain their right to humane treatment
and respect for their dignity as human persons.

Among the persons deprived of liberty, women are the most vulnerable.
They are prone to physical and sexual abuses and other human rights
violations. Risks to their health are also higher, taking into account their
distinctive needs as women and mothers. Indeed, Republic Act No. 9710 or
the Magna Carta for Women includes women in detention under women in
especially difficult circumstances and provides them with specific services and
interventions. It is also for this reason that the United Nations General
Assembly adopted the United Nations Rules for the Treatment of Women
Prisoners and Non-custodial Measures for Women Offenders (the Bangkok
Rules), which gives guidance to policy makers and prison staff on how to
address the specific needs of women deprived of liberty.

While provisions of the Bangkok Rules were already integrated in the
Revised Memorandum on Reintegration of Rehabilitation Programs and Prison
Rules and Regulations for a Gender-Sensitive Prison Management of the
Bureau of Corrections issued in 2015, these guidelines are not issued by a
legislative authority and thus, do not entail enforceable protection under the
law. Furthermore, these guidelines apply only to the personnel of the Bureau
of Corrections and not to personnel under the jurisdiction of the Bureau of

Jail Management and Penology.


In view of the foregoing, the approval of this bill is earnestly sought.

riela Women’s Party District, Zamboanga del Norte


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

House amt no._5285

INTRODUCED BY REPRESENTATIVES
ARLENE D. BROSAS AND ISAGANI 8. AMATONG

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 the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. — This Act shall be known as the “Dignity for Women
Deprived of Liberty Act”.

SEC. 2. State Policy. - It is hereby declared the policy of the State to
safeguard the basic rights of every person deprived of liberty, taking into
account the distinctive needs of women, and to promote their health, 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 their 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

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(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;

(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;

(c) “Infant children” refers to children of women deprived of liberty of the
age of zero to twelve (0-12) months old;

() “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 or 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

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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,
and immediately after birth.

SEC. 6. Right to Stay with their Infant Children in Infirmaries Inside
Correctional Facilities. —It shall be the right of a woman deprived of liberty
to stay with her infant child in infirmaries located inside correctional facilities,
until the infant child shall have attained the age of one (1) year old. The woman
deprived of liberty shall undergo postpartum care to ensure physical and
mental health and wellness. After the child has attained one (1) year of age,
the child may stay with the mother deprived of liberty inside correctional
facility if it is advantageous to both the mother and the child, as recommended
by the medical officer of the correctional facility or a by a competent health
professional and a social worker. Otherwise, the child shall be placed under
the care of relatives or in an orphanage if no relative would come to take care
of the child.

In case the child of a woman deprived of liberty be placed under the care
of relatives or in an orphanage, the Social Welfare Officer shall see to it that
the child shall have continuous communication with and periodical visits to
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
by close confinement or disciplinary segregation.

SEC. 8. Right to Legal Assistance in Filing Complaints. — \t shall be the
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 abuses against them. During the
process, the complaining woman deprived of liberty shall be protected from
any kind of mental and physical torture, threats, ill treatments and other
possible harm from any party and shall be provided immediate medical
assistance.

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


See. 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 shall announce his
presence upon entering a cell or housing unit for women deprived of
liberty.

(c) 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 Cell and Facilities. — Women deprived of liberty
shall, at all times, be held separately from men deprived of liberty. For this
purpose, separate cells and facilities for women shall form part of the standard
design in the construction and improvement of jails and correctional facilities;
Provided, That in institutions which presently receives both men and women
deprived of liberty, there shall be a section or part allocated exclusively for
women deprived of liberty.

SEC. 11. Control and Supervision of Jails and Correction Facilities with
Women Deprived of Liberty. — In institutions having both men and women
deprived of liberty, the section or part set aside for women deprived of liberty
shall be under the authority of a woman prison officer who shall have control
and supervision of such section.

SEC. 12. Hiring and Training of Additional Women Prison Personnel. —
To ensure the effective implementation and to carry out the full intent of this
Act, the jails under the jurisdiction of the Bureau of Jail Management and
Penology and the provincial governments, and the correctional facilities under
the jurisdiction of the Bureau of Corrections, are hereby mandated to maintain

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the women custodial personnel-to-women deprived of liberty ratio of 1:7 and
women reformation personnel-to-women deprived of liberty ratio of 1:24.

All staff assigned to work with women deprived of liberty shall receive
training relating to the gender-specific needs and human rights of women
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 for the
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
Appropriations Act.

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

SEC. 14. Implementing Rules and Regulations. — Within ninety (90) days
after the approval of this Act, the Secretary of Justice and the

Interior and Local Government shall promulgate the necessary rules ste
regulations for the effective implementation of this Act.

SEC. 15. Repealing Clause. — All laws, executive orders, and other issuances
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. 17. 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,