Human rights beyond bars: A study on the living conditions provided by the Philippine government to the prisoners
Clicks: 1
ID: 285224
2016
Article Quality & Performance Metrics
Overall Quality
Not rated
Combines reader engagement with the AI quality analysis. This
article has not been analysed, so there is no overall score —
reader engagement is measured and shown alongside.
Reader Engagement
0.0
/100
1 views
0 readers
AI Quality Assessment
Not analyzed
Readership in this journal
Ranked #3,175 of 3,757 articles by views in Malay Journal
Most read
Least read
Bar heights use a square-root scale. Only the 120 most-read articles are drawn; the journal has 3,757 in total.
Mint this article as an NFT
Not yet mintedCreate a permanent, verifiable on-chain record of this article on the Scimatic Network. The NFT is held in your Journament account, and you can withdraw it to your own wallet at any time.
5
SUSD
one-off · no wallet required
Abstract
For many years, prisoners in the Philippines have languished in outmoded and substandard penal facilities. The perennial distortion and stigma affiliated amongst all prisoners continue to proliferate and aggravate the situation. In that matter, prisoners become victims of social generalization which leads to the bleak if not the end of their opportunities. Hence, despite the brave attempt to the 1987 Constitution to provide a remedy for this pitiful situation, penal conditions continue to be a virtual violations of prisoners's human rights. In addition to that, the Philippine government has exerted efforts to maintain the grant of protection to prisoners as represented by its International commitments. However, the current living conditions of the prisoners do not represent so.This study proposes a standard by which prison conditions may be determined within Constitutional limits. Such standards can be incorporated in an enabling law which Congress may enact pursuant to constitutional mandates and International provisions. In an alternative, bearing in mind that Philippine Constitutions is patterned after American models, the authors propound that Philippine courts adopt the interpretations made in American jurisprudence without waiting for an enabling law. It is suggested that the second option is more viable which will afford a greater opportunity for Philippine courts to accommodate prison conditions proceedings. An implementing law containing a standard for constitutionality tolerable prison conditions is subject to e tedious legislative process-- a stumbling block for prison litigations.The authors also submit that international law provisions on the protection of those incarcerated-- whether codified in a treaty or are the generally accepted principles-- may be invoked to afford protection for Philippine prisoners. The Philippine government has an obligation under international law to provide the prisoners in the Philippines such international guaranty.
| Reference Key |
persistent_1760654987_68f1768b05a2a
Use this key to autocite in the manuscript while using
SciMatic Manuscript Manager or Thesis Manager
|
|---|---|
| Authors | Pallera, Andrea Nicole C. |
| Journal | Malay Journal |
| Year | 2016 |
| DOI |
DOI not found
|
| URL | |
| Keywords | Keywords not found |
Citations
No citations found. To add a citation, contact the admin at info@scimatic.org
Comments
No comments yet. Be the first to comment on this article.