Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

House Bie no._402

Introduced by Honorable Representatives

ARLENE D. BROSAS (Gabriela Women’s Party),

ADRIAN MICHAEL A. AMATONG (3rd District, Zamboanga del Norte),
FRANCE L. CASTRO (ACT Teachers) and RAOUL DANNIEL A. MANUEL (Kabataan)

AN ACT DEFINING THE RIGHTS OF WOMEN DEPRIVED OF LIBERTY IN JAILS AND
CORRECTIONAL FACILITIES AND PROVIDING FUNDS FOR THEIR ENFORCEMENT

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 fose 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.
Itis 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.

| BROSAS
omen’s Party

FRANCE L. CASTRO RAOUL DANNIEL A. MANUEL
Act Teachers Partylist Kabataan Partylist



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

LENE 0. BROSAS

Gabriela Women’s Party



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

402

HOUSE BILL NO.

Introduced by Honorable Representatives
ARLENE D. BROSAS (Gabriela Women’s Party),
ADRIAN MICHAEL A. AMATONG (3rd District, Zamboanga de! Norte),
FRANCE L. CASTRO (ACT Teachers) and RAOUL DANNIEL A. MANUEL (Kabataan)

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”.

SECTION. 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 heatth, security, dignity, and general welfare.

SECTION 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 therein

(©) “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) toiletries such as towels, shampoo, soap, and undergarments;


(3) clean and safe drinking water;

(4) 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,

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

(f) “Mental health” refers to a state of well-being in which the individual realizes one's own
abilities and potentials, scopes adequately with the normal stresses of life, displays
resilience in the face of extreme life events, works productively and fruitfully, and is
able to make a positive contribution to the community as defined in Section 4 of
Republic Act No. 11036;

(g) “Mental Health Service” refers to psychosocial, psychiatric or neurologic activities and
programs along the whole range of the mental health support services including
promotion, prevention, treatment, and aftercare, which are provided by mental health
facilities and mental health professionals as stated in Section 4 of Republic Act No.
11036;

(h) “State of undress” means not dressed or not fully dressed.
SECTION 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. access to mental health services;

3. regular sunning (sun exposure) and exercise, and;

4. 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.

¢. 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.

SECTION 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


SECTION 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

SECTION 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.

SECTION 8. Right to Education and Information. ~ It shall be the right of a person deprived
of liberty to have access to information and education programs that include literacy and
numeracy, reproductive health and preventive healthcare measures, and livelihood training

SECTION 9. Right to Legal Assistance in Filing Complaints. - It shall be the right of a
woman deprived of liberty to be provided free 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 cther possible harm from
any party and shall be provided immediate medical assistance and counselling programs.

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.

SECTION 10. 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, shali 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.

(©) 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 ifa woman
deprived of liberty presents an immediate risk of harm to herself or others,

SECTION 11. 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 celis 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.

SECTION 12. 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.

SECTION 13. 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 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

SECTION 14. 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 shalll 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 to provincial jails

SECTION 15. Implementing Rules and Regulations. — Within ninety (90) days after the
approval of this Act, the Secretary of Justice and the Secretary of Interior and Local
Government shall promulgate the necessary rules and regulations for the effective
implementation of this Act.

SECTION 16. Repealing Clause. — All laws, executive orders, and other issuances
inconsistent with the provisions of this Act are hereby repealed or amended accordingly

SECTION 17. 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.

SECTION 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,