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Baseline Study on the Philippine Penal Conditions: Nurturing o Human Rights Based Approach to Penal Management
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informal mechanisms. Finally, it will describe the culture
that emerges in the penal settings. Culture refers to the
way of doing things inside a facility, or the narratives
inmates and penal personnel employ to justify specific
behaviors. A description of the interface of the structural,
organizational, and cultural conditions will provide an
understanding of how penal institutions are currently
managed in the Philippines. A basic exposition and
understanding of the current conditions are important
as many of the prevailing practices had been informally
accepted and deemed as a fundamental component of
penal management. Most of the penal personnel have
learned of these practices from exposure to peers and
through personal experiences working in the field, and
asking the personnel to unlearn these practices to give
way to the human rights based approaches will be a long
and tedious task. While some of the human rights based
approaches may simply require a re-orientation and rechanneling of the old penal practices, other practices may
require a total overhaul. Also, some of the old penal
practices may linger as institutions and facilities adapt to
the new human rights based approaches, thus a strategy
on how to accommodate these old penal practices in the
interim will be noted.
Following the description of the current penal
conditions, this baseline study will describe the human
rights based approaches in penal management. It is
a how-to guide that prescribes specific practices to
be observed in key domains of penal management
like inmate classification, inmate housing, inmate
programming, and documentation and assessment
of inmate behaviors. Penal managers will be asked
to implement these substantive domains using the
structural, organizational, and cultural dimensions of
the institution.
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"A human rights-based approach is a
conceptual fram ework for the process of
human development that is normatively
based on international human rights
standards and operationally directed to
promoting and protecting human rights.
It seeks to analyse inequalities which
lie at the heart of development problems
and redress discriminatory practices and
unjust distributions ofpower that impede
development progress.
Mere charity is not enough from a
human rights perspective. Under a
human rights-based approach, the plans,
policies and processes of development
are anchored in a system of rights and
corresponding obligations established
by international law. This helps to
promote the sustainability of development
work, empowering people themselvesespecially the most marginalized-to
participate in policy formulation and hold
accountable those who have a duty to
act."
-The UN Statement of Common
Understanding on Human Rights-Based
Approaches to Development Cooperation
and Programming (th e Common
Understanding), 2003
By developing th is guidebook, prison superintendents, jail warde ns, police station chiefs, National
Bureau of Investigation (NBI) , Philippine Drug Enforcement Agency (PDEA) and Bureau of Immigration
(Bl) custodial heads, Armed Forces of the Philippines (AFP) security unit heads, and other top leaders
of a penal facility will be guided on how to run their specific organizations. Additionally, by providing
a how-to guide that specifies similar standards, policies, procedures, and practices, a unified penal
approach can be achieved. The achievements in one agency can be systematically transferred to another
agency. For example, documents regarding inmate participation in a BJMP Jail or Provincial Jail can
easily be transferred and honored in a BuCor Prison, since the standards, policies, procedures, and
practices for jails and prisons will be made uniform.
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