Various groups on Wednesday pushed to strengthen the existing legal framework for the protection of women’s and children’s rights in the country, putting special emphasis on the treatment of political detainee Reina Nasino, whose newborn daughter, Baby River, died while she’s in jail.
Jona Ang of United Nations Women Philippines said that pregnant and post-partum persons deprived of liberty (PDLs), along with their children, should be protected in accordance with universal human rights.
“This means we have to implement the Bangkok Rules and Mandela Rules because these are minimum standards for treating women PDLs,” she added.
The Bangkok Rules or The United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders is a set of 70 rules that are focused on the protection of female offenders and prisoners. Along with the Mandela Rules, these set the minimum standard for the treatment of prisoners, particularly women offenders.
These rules “encourage member states to create legislation to push for alternative imprisonment, financing, and development mechanism for implementation,” she said.
Ang was one of the resource speakers at a webinar to mark the International Day to End Violence Against Women. This online forum was organized by Tanggol Bayi, Women’s Legal and Human Rights Bureau, and the National Council of Churches of the Philippines, and UP Portia Sorority.
The Philippines also has existing local laws that ensure the protection of women’s rights. The country was one of the first to ratify the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which is a legally binding treaty.
Ang said that the government has a legal obligation to respect, protect, and promote women’s rights.
She added that aside from CEDAW, the Philippines also has a Magna Carta for Women, which strengthens the existing laws and policies to “empower and protect women, and ensure equal rights and opportunities for men and women.”
“We have the legislation in place, so we can use the CEDAW to really try convince the government to uphold its legal obligation,” she said.
Nasino, who was one of the three activists arrested in November last year, reportedly learned of her pregnancy only after undergoing medical procedures for her transfer to the Manila City Jail.
That was the first and last time she saw a specialist. There was no follow-up check-up leading to her delivery of Baby River on July 1.
After Baby River was born, the Manila Regional Trial Court (RTC) separated Nasino from her daughter because the jail has no facilities for the care of the baby. This was against the national policy of “rooming in” to encourage the breastfeeding of infants.
Baby River died of pneumonia on October 9 this year, sparking outrage from human rights activists who said this would not have happened if Nasino was given adequate prenatal care.