Addressing Vulnerabilities
51
The issue of accessibility and fulfilment of basic rights such as food and water,
aggravated by the kind of environment minors are in, i.e. sub-standard state of detention
facilities.
3. Human Rights Officers; Women and Children’s Desk
The Human Rights Desk and Women and Children’s Desk (WCD) in all Police Stations were
established precisely to ensure protection of the human rights of all PDL under all circumstances,
from the time of arrest to the temporary detention at the police lock-up cells, and in their handling
and treatment; so that minors are afforded special protection measures in view of their
vulnerability.
Apparently, there is lack of personnel in the Police Stations WCD. Not all police officers
and even WCD officer have undergone the necessary training on human rights and the handling
and treatment of children in conflict with the law.
C. Persons with Disability
Under the Standard Minimum Rules, arrested persons with intellectual disability shall not
be detained in prisons and arrangements shall be made to remove them to mental institutions as
soon as possible 236 where they shall be observed and treated 237 or if this is not possible, the said
person with disability (PWD) shall be placed under the special supervision of a medical officer 238
who shall provide the PWD’s psychiatric treatment.
Persons with disabilities (PWDs) include those who have long-term physical, mental,
intellectual or sensory impairments which in interacting with various barriers may hinder their full
and effective participation in society on an equal basis with others. 239
International human rights instruments and domestic laws provide for the promotion and
protection, and ensure full and equal enjoyment of all human rights and fundamental freedoms by
all persons with disabilities, and to promote respect for their inherent dignity. 240
However, research reveals that PWD-detainees are held together with fully-abled
detainees, 241 or not receiving appropriate handling. 242 At the MPD-HQ, PDL with intellectual
disability, who was previously confined at NCMH for more than a month (1-1/2,) was not
referred to a psychologist to evaluate his condition.
Furthermore, architectural designs of the lock-up cells, especially the comfort rooms are not
compliant with the required structural designs as embodied in Batas Pambansa Blg. 344. Toilet
and bath are too small and there are no hand grills that can be gripped by persons with
236
Standard No. 82 (1), Standard Minimum Rules.
Standard No. 82(2), Standard Minimum Rules.
238
Standard No. 82(3), Standard Minimum Rules.
239
United Nations Convention on the Rights of Persons with Disability, Art. 1, par. 2.
240
Ibid., Article 1, par. 2.
241
Muntinlupa City SPD-PS.
242
MPD HQ.
237