Articulating key obligations of states to persons deprived of liberty under a right to health framework: the Philippine case study
International Journal of Human Rights in Healthcare
ISSN: 2056-4902
Article publication date: 20 August 2021
Issue publication date: 5 July 2023
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 health in places of detention in the Philippines during the pandemic, with an end view of providing granular recommendations for prison policy reforms.
Design/methodology/approach
Relevant rules under international human rights law related to places of detention were thematically analyzed to articulate the scope of the right to health of PDLs. To describe the state of places of detention in the Philippines, this paper relied on archival research of news from selected local mainstream and specialized media.
Findings
The right to health framework provides a foundation for the response to COVID-19 in places of detention. Key concerns include increase in the number of infections, vulnerabilities in physical and mental health, and the spread of infection among correctional staff. Long-standing structural constraints and limited health information compound the threat of COVID-19. The Philippines must comply with its human rights obligations to PDLs to effectively address COVID-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 application of non-custodial measures for long-term prison decongestion.
Originality/value
This is one of the few papers to analyze human rights in health care in places of detention during a pandemic, as nuanced in the context of the Philippines.
Keywords
Citation
Yarcia, L.E.P. and Bernadas, J.M.A.C. (2023), "Articulating key obligations of states to persons deprived of liberty under a right to health framework: the Philippine case study", International Journal of Human Rights in Healthcare, Vol. 16 No. 3, pp. 240-253. https://doi.org/10.1108/IJHRH-08-2020-0071
Publisher
:Emerald Publishing Limited
Copyright © 2021, Emerald Publishing Limited