PCIJ looks into COVID impact on children in conflict with the law

CHEERS TO the Philippine Center for Investigative Journalism’s (PCIJ) report that looked at the situation of children in conflict with the law (CICL) during this pandemic.

Written by Rachel Malaguit and published on November 1, the report shared the story of 17-year-olds Pat and Gino (not their real names) in the juvenile detention center Bahay Pag-asa (House of Hope) in Malabon. “Their stay here was supposed to be temporary. Because of the pandemic, Pat and Gino’s court hearings have been put on hold,” Malaguit said. 

The pandemic has also taken a toll on the minors’ mental health. Because of restrictions, they have been deprived of visits from their families. Distance learning and separation from school friends have caused more sadness and hardship in their lives. To cope, Gino says they “just talk to each other. Sometimes, we just stare at the road. I get sad but I got used to it.”

Media have reported cases of bullying and sexual abuse among CICLs in some juvenile detention facilities like Bahay Pag-asa, but the report said there were no such cases in the Malabon house. Rosemarie Ramos, who runs Bahay Pag-asa Malabon, said the teens were generally well-behaved and can settle misunderstandings whenever these arise. 

Gino asked society to give CICLs like him a chance. “People shouldn’t judge us. They should prove first that we are guilty. Some [people behind bars] are innocent,” he said. He also said he wanted to be a lawyer one day and get innocent people out of jail.

Malaguit recalled legislative efforts to amend the Juvenile Justice and Welfare Act of 2006. Should the House of Representatives pass the proposed amendments, children as young as 12 could be held criminally responsible and be detained in juvenile detention centers. The current law sets the minimum age of criminal responsibility at 15 years old.

As a conclusion, Malaguit correctly noted that “with the government prioritizing the response to the pandemic, lowering the age of criminality has been placed on the backburner.” 

However, even before the pandemic, children’s rights and needs had already been overlooked. No advocate has taken up how these children suffer from neglect, not to speak of the unjust treatment they receive when caught in the crosshairs of the law.   

Legislative discussions reveal how lawmakers have been to consider amendments that would treat minors as criminals. CMFR previously reviewed the news coverage of the discussion to amend the age of criminal responsibility  and found that while reports cited expert sources who argued against such a policy, media gave more weight to the less enlightened view held by those pushing for lowering the age. Journalists should be quick to check how they too can fall under the influence of the majority that dominates the House. 

PCIJ’s report should remind the media to expand the framing of the issue. It is not a simple consideration of physical age. Under the current administration, the punitive orientation of the police may have reduced the discussion to this narrow scope. Not all CICLs are alike; and there should be fair consideration of the circumstances in life which led these minors to crime. 

The story goes beyond the impact of COVID-19 restrictions that bear severely on these young lives. Other reporters should pick up the issue, follow the different kinds of problems that have hounded minors in detention. The grave injustices they have suffered are only part of the failed justice system that may have gotten worse during the pandemic. It is a matter that calls not only for government attention but that of all concerned about the state of Philippine society.