Bill seeking programs for incarcerated parents and their children filed at House

In time for the celebration of the 70th International Human Rights Day this Thursday, a measure has been filed at the House of Representatives seeking to create programs for incarcerated parents in their children.

The House Makabayan bloc, led by ACT Teachers party-list Representative France Castro, has filed House Bill 8153, or the proposed "Parents in Jail Act of 2021."

“Now that human rights violations are rampant in the country and in particular, the red-tagging that eventually leads to illegal arrests and detention, trumped-up charges and in worst cases to extrajudicial killings, it is high time that we file this measure to aid persons deprived of liberty who are forced to leave their children in the time they are detained,” Castro said in a statement on Tuesday.

“And as a result, most cases of children of those in jails and detention facilities are being deprived of basic needs for their physical, mental, moral, and psychological growth and development. That is why we need this bill," she added.

Castro cited, for instance, the cases of Reina Mae Nasino and Amanda Echanis, both political prisoners and mothers who had just given birth.

Nasino, in fact, was separated from her baby, River, at birth. River later contracted pneumonia and died at three months old.

Echanis, meanwhile, was arrested with her newborn son, Randall Emmanuel, and now has to decide if she will nurse her baby in detention or be separated from him. Police said Echanis insisted on bringing her baby with her.

“The sufferings of these parents in jail and their children could be prevented if the Philippine government strictly implemented its obligations under several international law instruments on the rights of the child, women’s rights, and cruel and inhumane punishment,” Castro said.

“Just and humanitarian considerations should be enough to accord these mothers, and other parents in jail, and their children the rights to a family, and the love and nurturing of a family. However, current institutions do not," she added.

The measure provides that in cases involving incarcerated parents, the court must give an appropriate warning of the special consequences concerning the parental rights of the accused, especially the loss of parental authority.

The court must also inquire from the accused if he or she has any minor children and under whose custody they are after arraignment and upon a guilty plea.

If so, the court should direct a social worker or a representative of the Department of Social Welfare and Development to discuss with the accused the various options they could take in relation to the care and custody of the minor.

In case the accused cannot place their minor children under the care of a responsible adult, they will be placed under the care of the following persons, in this order:

• surviving grandparent,
• oldest brother or sister, over 21 years of age, unless unfit or disqualified,
• any collateral relative of the accused, over 21 years of age, and within the fourth civil degree of consanguinity or affinity of the minor children, and
• the Department of Social Welfare and Development

“We urge the leaders of the House of Representatives to urgently hear this proposed bill as it aims to establish mechanisms that shall assist imprisoned parents especially mothers and solo parents, in the performance of their parental and child-rearing obligations particularly during the early and formative years of the child,” Castro said. — RSJ, GMA News