Context Setting PART I CONTEXT SETTING Dignity Inherent in Humanity The right to dignity is fundamental to humanity. 1 Human rights instruments and institutions are in place setting the necessary mechanisms and standards for State authorities to observe in recognition of the obligation to respect, protect and fulfil the rights of everyone within its jurisdiction. It is therefore necessary that human rights shall be regarded as absolute, subject only to certain reasonable limitations set by law. Human rights and the rule of law go hand in hand to ensure the protection of every inhabitant within the State’s jurisdiction from the excesses in the exercise of the vested powers by the authorities which would result to the violations of the right to dignity and fundamental freedoms. This mantle of protection extends even to those who violate the law and are apprehended, placed in custody and subjected to investigation by the authorities; and if warranted, charged before the appropriate fora. The Commission on Human Rights The Commission on Human Rights (CHR) is an independent national institution created pursuant to the 1987 Constitution of the Philippines. It is vested with the core mandates to ensure the protection and promotion of the human rights of every inhabitant in the country, as well as Filipinos residing abroad. 2 It was organized and made operational on 5 May 1987 in accordance with Executive Order No. 163 issued by then President Corazon C. Aquino. One of the CHR’s mandates is to exercise visitorial power over jails and detention facilities. 3 Through the years, this visitorial power focused mainly on the inspection of the physical condition of regular jails and rehabilitation facilities under the Bureau of Jail Management and Penology (BJMP), as well as the seven (7) national correctional institutions, and the conditions of PDL confined in these places of detention. Lock-up cells at the level of police stations have not been covered, except on a case-to-case basis upon complaints received by the CHR. It is noteworthy however that it is in these lock-up cells where persons arrested without warrant are generally brought for temporary detention. These persons deprived of liberty (PDL) are held therein until appropriate charges are filed in court and the corresponding commitment order for their confinement in a regular facility is issued by the Judge. They are, thus, more vulnerable than those arrested by virtue of a judicial warrant. 1 1987 Constitution of the Philippines, Article II, Section 12 provides that (T)he State recognizes the sanctity of family life xxx. It shall equally protect the life of the mother and the life of the unborn from conception. Likewise, Art. 3(1) of P.D. 603, otherwise known as The Child and Youth Welfare Code, provides that (E)very child is endowed with the dignity and worth of a human being from the moment of conception, xxx and has, therefore, the right to be born well. 2 Id., Article III, Sections 17 & 18. 3 Id., Article III, Section 18. 1