Baseline Study on the Philippine Penal Conditions: Nurturing o Human Rights Based Approach to Penal Management ........................................................................................................................................................................................................................................ II. Limitations of the Study W HILE THIS baseline study provides easy-to-follow checklist on how to achieve a Human Rights-compliant facility, this guidebook should not be considered as t he final word on how to achieve one. For one, human right standards are continually evolving which may render some of the practices recommended herein as moot. Additionally, this guidebook provides general and overall guidance on how to achieve human rights based approaches to effective penal management. This guidebook empowers penal officers develop an overall appreciation of the nature and challenges of their work. However, it w ill be incumbent upon the penal officers to devise w ays on how to actually achieve these standards given their own unique organizational and social contexts. Prison, jail and detention managers interested in developing specific actions presented by a particular condition must consult the laws, treatises. and advisories that govern their specific facili ties. TABLE 1. Relevant laws and policies concerning the treatment of prisoners and the rights of persons deprived of liberty Universal Declaration of Human Rights (1948) Everyone has the right to 'liberty and security of person' (Article 3); right of everyone not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment' (Article 5); and 'no one shall be subjected to arbitrary arrest, detention or exile' (Article 9). Standard Minimum Rules forthe Treatment of Prisoners (1955) International Covenant on Civil and Political Rights (1966) r 'No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation' (Article 7) ; On the rights of person deprived of liberty (Article 9.(1-5)) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) 'Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.' (Article 2 .1) Philippine Constitution (1987) 'The State values the dignity of every human person and guarantees full respect for human rights.' (Article 2, Sec. 11); Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (1988) The principles contain detailed elaboration of the implications of international human rights law with regard to all those in detention, whether following conviction for an offense or in any other context. United Nations Rules for the Protection of Juveniles Deprived of their liberty (1990) 'Juveniles should only be deprived of their liberty in accordance with the principles and procedures set forth in these Rules and in the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules). Deprivation of the liberty of a juvenile should be a disposition of last resort and for the minimum necessary period and should be limited to exceptional cases. The length of the sanction should be determined by the judicial authority, without precluding the possibility of his or her early release.' (Paragraph 2) Republic Act No. 9745 / AntiTorture Act of 2009 8 'These rules are not intended to describe in detail a model system of penal institutions. They seek only, on the basis of the general consensus of contemporary thought and the essential elements of the most adequate systems of today, to set out what is generally accepted as being good principle and practice in the treatment of prisoners and the management of institutions.' 1 (Paragraph 1) I ~n Act Penalizing Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment and ~escribing Penalties Therefor