Human rights beyond bars: A study on the living conditions provided by the Philippine government to the prisoners

Date of Publication

2016

Document Type

Bachelor's Thesis

Degree Name

Bachelor of Science in Legal Management

Subject Categories

Criminal Law | Human Rights Law

College

Ramon V. Del Rosario College of Business

Department/Unit

Commercial Law

Thesis Adviser

Hilario S. Caraan

Defense Panel Chair

Antonio A. Ligon

Defense Panel Member

Joseph John Aguas

Abstract/Summary

For many years, prisoners in the Philippines have languished in outmoded and substandard penal facilities. The perennial distortion and stigma affiliated amongst all prisoners continue to proliferate and aggravate the situation. In that matter, prisoners become victims of social generalization which leads to the bleak if not the end of their opportunities. Hence, despite the brave attempt to the 1987 Constitution to provide a remedy for this pitiful situation, penal conditions continue to be a virtual violations of prisoners's human rights. In addition to that, the Philippine government has exerted efforts to maintain the grant of protection to prisoners as represented by its International commitments. However, the current living conditions of the prisoners do not represent so.

This study proposes a standard by which prison conditions may be determined within Constitutional limits. Such standards can be incorporated in an enabling law which Congress may enact pursuant to constitutional mandates and International provisions. In an alternative, bearing in mind that Philippine Constitutions is patterned after American models, the authors propound that Philippine courts adopt the interpretations made in American jurisprudence without waiting for an enabling law. It is suggested that the second option is more viable which will afford a greater opportunity for Philippine courts to accommodate prison conditions proceedings. An implementing law containing a standard for constitutionality tolerable prison conditions is subject to e tedious legislative process-- a stumbling block for prison litigations.

The authors also submit that international law provisions on the protection of those incarcerated-- whether codified in a treaty or are the generally accepted principles-- may be invoked to afford protection for Philippine prisoners. The Philippine government has an obligation under international law to provide the prisoners in the Philippines such international guaranty.

Abstract Format

html

Language

English

Format

Print

Accession Number

TU19338

Shelf Location

Archives, The Learning Commons, 12F, Henry Sy Sr. Hall

Physical Description

176 leaves, illustrations (some color), 28 cm.

Keywords

Prisoners--Legal status, laws, etc.--Philippines; Prisoners--Philippines--Social conditions; Human rights--Philippines

Embargo Period

5-9-2021

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