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Statement of CHR Spokesperson, Atty Jacqueline Ann de Guia, calling for the inclusion of persons deprived of liberty in the priority list for Covid-19 vaccination

Given the limited supply of Covid-19 shots in the country, fair access to vaccines, including who should be first in line, requires the government to define priorities based on the level of vulnerability to the virus. The Commission on Human Rights (CHR) argues that persons deprived of liberty (PDLs) must be equally considered to be a priority population given the multitude of vulnerabilities they face inside detention facilities around the country.

This is in consonance with the recommendation of the UN Committee on Economic, Social and Cultural Rights that governments have an obligation to provide vaccines for groups that are at high risk of contagion, such as incarcerated people.

The CHR has pointed out before that prison conditions make PDLs particularly vulnerable in facing this pandemic with the spread of the virus caused by overcrowding; unsatisfactory healthcare services in prisons; and higher rates of pre-existing medical conditions among prison populations, especially the elderly inmates.

While we recognise the efforts of authorities to reduce the number of prisoners and provide quarantine facilities inside jails, the situation remains critical in these institutions as they still emerge as Covid-19 hotspots. We urge the government to lend clarity on the country’s vaccination plan, policies, and treatment strategies as the impact of the pandemic is graver for vulnerable populations, including those incarcerated. No one should be left behind.

We likewise call on the government to provide up-to-date and reliable data on Covid-19 infections and related deaths in prisons to properly assess the situation in detention facilities. As the lead agency in the Interim National Preventive Mechanism, CHR’s access to these information would inform policy recommendations that would help target the gaps and eventually alleviate the condition and welfare of PDLs.

The Commission reminds the government that the right to health is an internationally recognised fundamental right belonging to prisoners. In developing national vaccination plans, it should not discriminate against those held in detention. Those who are high risk inmates for Covid-19 should be prioritised for inoculation with the same treatment with comparative groups in the general population. More so in times of national health crisis, the government is obligated to account for the treatment of people deprived of their liberty, and must take appropriate steps to safeguard their lives and health. #Vaccine4All

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