Protecting the rights of pregnant prisoners and detainees: A proposal to amend Republic act no. 9710 entitled “The Magna Carta of Women”

• Main Author: Milan, Joel
• Format: text
• Language: English
• Published: Animo Repository 2015
• Subjects: Pregnant women—Philippines—Legal status, laws, etc.; Children of women prisoners—Philippines; Women prisoners—Philippines; Civil Rights and Discrimination
• Online Access: https://animorepository.dlsu.edu.ph/etd_masteral/6535; https://animorepository.dlsu.edu.ph/context/etd_masteral/article/13542/viewcontent/JoelMilan2.pdf
• Institution: De La Salle University

The prison and detentions facilities are not suitable for pregnant women and their unborn children. Various human rights violations are committed not only against them but also against their babies. There is no effective remedy under the law that would sufficiently protect them. The existing laws of the country are insufficient to provide the appropriate protection they need. Prison policies are ineffective since there is no uniformity among the different detention facilities and it cannot easily be determined whether there is compliance. The current treatment of pregnant prisoners violates not only the Constitution but also the various International Laws. A law must be enacted, in accordance with Article III, Sec. 19 (2) of the Constitution, to protect pregnant prisoners and their unborn child from the degrading treatment that they receive. The law should not only protect their rights but it should also put into consideration the best interests of the child.