On 26 September 2020, a 13 year-old boy from Malabon was arrested, penalized, and his mugshot taken for not wearing a mask when crossing to their house coming from his neighbor’s place. After capturing his mugshot, the police allegedly told the minor that “he now has a profile picture for his Facebook account,” which caused distress to the boy.
It is concerning that this happened despite the prohibition on the arrests of minors as stated in the joint memorandum circular entitled “Reiteration of Protocols on Reaching out to Children, including those in Street Situations, in need of Special Protection, Children at Risk, and Children in Conflict with the Law During the Enhanced Community Quarantine” issued by the Department of the Interior and Local Government (DILG) and the Council on the Welfare of Children (CWC). Minors who are guilty of violating quarantine rules must be turned over to their parents, guardians, and/or a social worker so that proper interventions, guidance, and/or advice are given to them.
We welcome the remarks of Joint Task Force Covid-19 Shield Commander Lt. Gen. Guillermo Eleazar reminding the police force and barangay law enforcers to not penalize minors for quarantine violations. We also note the apology and actions done by the barangay chairman in acknowledgment of the harm done. However, proper sanction and/or disciplinary actions must still be pursued to prevent the same from happening again.
We remind that law enforcers and barangay leaders are duty-bound to protect the rights of children. Any form of punishment that humiliates and degrades the dignity of minors is violative of this sworn obligation. Children are part that of the vulnerable sectors and should protected during normal times, but more so during this period of crisis as they bear the brunt of the secondary effects and the measures taken to combat Covid-19. Government officials and its officers should be the first ones to protect the welfare of children, not violate them. Employing a human rights based approach ensure that we can protect the health of children while respecting their rights. CHR shall also be investigating the incident. ###