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Davao City Council passes law that assures rights of women in detention

DAVAO CITY, Philippines – In the final session of Davao’s 20th Sangguniang Panlungsod City Council last Tuesday, the council passed an ordinance that ensures the rights and dignity of women deprived of liberty (WDL) where they will be given due access to health and hygiene services.

The ordinance, sponsored by outgoing veteran councilor Pilar Braga, who also served her final term, safeguards the basic rights of women deprived of liberty while in detention and ensures their reintegration into the community and society.

Under the ordinance, women deprived of liberty shall be treated with respect  and afforded rights upon admission, which include access to legal advice, a comprehensive health assessment, and information about detention rules and regulations, among others.

In detention, women shall have rights to access to uncongested detention facilities, an adequate ration of food, sufficient water supply, sanitation, availability of hygiene supplies, healthcare, protection from various forms of violence, and adequate space to nurture their newborn child.

Dr. Jean Lindo, a community doctor and chair of Gabriela Davao who was among the leaders who contributed to the crafting of the ordinance,

said it is encouraging that the city government recognizes the need to address gender-specific vulnerabilities in its jails and detention centers.

WDLs in Maa City Jail, according to Dr. Lindo, experienced limitations in basic services like water supply that affect the health and hygiene of women — concerns that can be addressed through the ordinance.

“The ordinance is an innovative rule. It upholds the rights of women in prison, that even if they are detained, their rights are insured by the state,” Dr. Lindo said.

The ordinance also affirms the WDLs’ rights to healthcare, such as preventive medical examinations, regular sunning (sun exposure) and exercise, dietary supplements, and free psychosocial services. It also provides support mechanisms and remedies for women who suffer sexual abuse or other forms of violence before or during detention, protections for pregnant women against restraints, and the right to stay with their infant children in infirmaries inside jails and detention facilities.

Additional rights include protection against punishment through close confinement; the right of WDLs who are members of cultural minorities and indigenous peoples to access comprehensive programs and services tailored to their needs, in consultation with the WDLs and relevant groups; as well as the right to communication, conjugal visits, skills training, and education while in detention, to prepare for reintegration.

The ordinance also mandates that the city government maintain a women custodial personnel-to-WDL ratio of 1:7, and a women reformation personnel-to-WDL ratio of 1:24, by providing well-trained staff as needed. All staff assigned to work with WDLs shall receive training on gender-specific needs and human rights.

Bureau of Jail Management of the Philippines (BJMP)-Davao spokesperson Jail Senior Inspector Edo Lobenia, in a statement sent to Davao Today, said they welcomed the effort of the local government with the ordinance reflects the principles of the Bangkok Rules, which is a United Nations Rules  for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders adopted by the UN in late 2010 to address specific needs of women detainees.   

“This ordinance gives us a stronger foundation to improve services, especially in areas like mental health, maternal care, and protection from abuse. Having funds set aside for these needs is a big help,” said Lobenia.

Lobenia also added that the ordinance is “a timely and important move that recognizes the specific needs of women PDLs,” stressing the city’s commitment to fairness, dignity, and humane treatment, even for those who are behind bars.(davaotoday.com)