THE Commission on Human Rights (CHR) has released a situation report which showed “serious issues” in the implementation of Republic Act (RA) 9344 or the Juvenile Justice and Welfare Act, specifically inside the Bahay Pag-asa (House of Hope) facilities.
CHR Chairman Richard Palpal-latoc called for urgent action to address poor conditions and child protection gaps in several of the facilities as indicated by the report which involved detailed findings of its nationwide monitoring of the child care institutions.
“The CHR documented serious issues in the implementation of the Juvenile Justice and Welfare Act. These include violence during a child’s apprehension, ill treatment by facility personnel, and facilities that are designed more like jails than safe spaces for children,” said Palpal-latoc.
According to the Juvenile Justice and Welfare Council, Bahay Pag-Asa “is a 24-hour child-caring institution established, funded and managed by local government units and licensed and/or accredited non-government organizations, providing short-term residential care for children in conflict with the law (CICL), who are above 15 but below 18 years of age, and who are awaiting court disposition.” All provinces and highly urbanized cities are required by law to put up such a facility.
Palpal-latoc said the report also identifies major concerns affecting the welfare of children in these facilities, including poor living conditions, delay in the disposition of cases, limited access to health care and education, strict or limited visitation rules that affect family contact, and shortages in staff and resources.
“These conditions violate not only RA 9344 but also Article XV of the 1987 Philippine Constitution, which requires the State to ensure that children receive proper care, nutrition, and protection from abuse and neglect,” he said.
He said the findings were inconsistent with the United Nation Convention on the Rights of the Child (UNCRC), to which the Philippines is a signatory.
“These children in conflict with the law are too often treated as criminals during arrest and detention, with some reporting physical abuse by authorities,” Palpal-latoc said.
“Article 40 of the UNCRC states that children must be treated in a manner consistent with their dignity and worth,” he said.
The commission recommended steps to improve the juvenile justice system. Among them are adopting child-sensitive visitation policies and standards, hiring social workers and specialists, and ensuring adequate funding and support for these facilities, according to the agency — a constitutional body mandated to promote and protect the human rights of all individuals.
It also cited the need to strictly comply with child-friendly standards in all facilities, improve sanitation, provide regular training for personnel, completely prohibit violence, and strengthen accountability mechanisms for violators.
Instead of treating CICLs “in a harsh and dehumanizing manner that deepens stigma and makes it harder for them to change and rebuild their lives, they should be recognized as children who often need support, care, and guidance,” the CHR said.