Articulating key obligations of states to persons deprived of liberty under a right to health framework: the Philippine case study

• Date: 20 August 2021
• Pages: 240-253
• DOI: https://doi.org/10.1108/IJHRH-08-2020-0071
• Published date: 20 August 2021
• Subject Matter: Health & social care,Vulnerable groups,Inequalities & diverse/minority groups,Sociology,Race & ethnic studies,Minorities,Multiculturalism,Racial identity,Work,economy & organizations
• Author: Lee Edson P. Yarcia,Jan Michael Alexandre C. Bernadas

Articulating key obligations of states to

persons deprived of liberty under a right

to health framework: the Philippine

case study

Lee Edson P. Yarcia and Jan Michael Alexandre C. Bernadas

Abstract

Purpose –This paper aims to examine key obligations of states to persons deprived of liberty (PDLs)

under the right to health framework in the context of COVID-19. As a case study, it also describes the

state of healthin places of detention in the Philippines duringthe pandemic, with an end view of providing

granularrecommendations for prison policyreforms.

Design/methodology/approach –Relevant rulesunder international human rights law related to places

of detention were thematicallyanalyzed to articulate the scope of the rightto health of PDLs. To describe

the state of places of detention in the Philippines, this paper relied on archival research of news from

selectedlocal mainstream and specialized media.

Findings –The right to health frameworkprovides a foundation for the response to COVID-19in places

of detention. Key concerns include increasein the number of infections, vulnerabilitiesin physical and

mental health, and thespread of infection among correctional staff. Long-standingstructural constraints

and limited health information compound the threat of COVID-19. The Philippines must comply with its

human rightsobligations to PDLs to effectively addressCOVID-19-related concerns.

Practical implications –Policy reforms in Philippine places of detention must include application of

community standards on physical and mental health, implementation of emergency release and

applicationof non-custodial measures forlong-term prison decongestion.

Originality/value –This is one of the few papers to analyze human rights in health care in places of

detentionduring a pandemic, as nuanced in thecontext of the Philippines.

Keywords Philippines, Human rights, Prison, Jail, Detention, Covid-19, Pandemic, Right to health

Paper type Case study

“It is said that no one truly knows a nation until one has been inside its jails. A nation should not

be judged by how it treats its highest citizens, but its lowest ones.” –Nelson Mandela

1. Introduction

COVID-19 is a disease like no other. As the first pandemic caused by coronavirus (World

Health Organization [WHO], 2020a), which infected 213 countries and territories

(Worldometer, 2020), COVID-19 forced governments to make difficult decisions that

fractured economic and social structures. While the global responses have been in the

main urgent and aggressive for the general population, interventions in prisons, jails and

other closed settings [1] have been insufficient, especially in light of overcrowding [United

Nations Office of Drugs and Crime (UNODC), 2020]. Due to the heightened vulnerability of

persons deprived of liberty (PDLs) to COVID-19, key United Nations (UN) agencies –the

Lee Edson P. Yarcia is

based at the College of

Law, University of the

Philippines Diliman,

Quezon City, Philippines.

Jan Michael Alexandre C

Bernadas is based at the

Department of

Communication, De La

Salle University, Manila,

Philippines.

Received 31 August 2020

Revised 8 July 2021

Accepted 17 July 2021

PAGE 240 jINTERNATIONAL JOURNAL OF HUMAN RIGHTS IN HEALTHCARE jVOL. 16 NO. 3 2023, pp. 240-253, ©Emerald Publishing Limited, ISSN 2056-4902DOI 10.1108/IJHRH-08-2020-0071