13 October 2020– The recent events have shown how the judicial system again grinds exceedingly well against the poor, particularly a detained mother and her baby who were forcibly separated by a court order. This consequently endangered the three-month-old baby’s health that led to her death. The court further curtailed the mother’s right to grieve in visiting her dead child and give her a decent burial. The original three-day furlough was shortened to six hours amidst tight security.

But what makes Reina and her daughter’s story heart-breaking and enraging is the early and forced separation of a baby from her mother despite experts’ strong recommendation of exclusive breastfeeding. River Emmanuelle (Mikmik) was born on July 1, 2020, while her mother Reina is in jail. She was born of low birth weight and thus exclusive breastfeeding was strongly recommended. Throughout Reina’s pregnancy, she and her baby were deprived of appropriate prenatal care behind bars. The COVID-19 pandemic made the situation for the mother and daughter worse.

The baby was taken care of by Nasino’s aunt. Eventually, the baby had diarrhea and was rushed to the Manila Medical Center, and then transferred to the Philippine General Hospital. She was diagnosed with acute gastroenteritis. Baby River died due to Acute Respiratory Distress Syndrome last Friday, October 9, 2020.

Atty. Edre Olalia of the National Union of People’s Lawyer (NUPL) expressed it succinctly, “the baby is gone. No words could ever capture this human tragedy. Heartbreaking does not even come close to it. What kind of justice system, nay, society, do we have to let this inhumanity and injustice to mother and child happen?”

Her lawyers pleaded to the court to allow Reina to breastfeed, care and nurture for her baby citing both domestic and international laws to support Reina and River’s appeals.

Meanwhile, former President Estrada was allowed to visit his mother at her home on Kennedy Street, North Greenhills in San Juan on Oct. 26, 2003, allowed to attend the birthday party of her ailing mother who was celebrating her 101st birthday last May 3, 2006, and allowed to visit her at the hospital last September 29, 2007. Former President Arroyo was allowed to spend Christmas and New Year at their home last December 2015. Sen. Bong Revilla was allowed to visit his son at the hospital last March 3, 2015 and his ailing father at the hospital last March 17, 2017. Zaldy Ampatuan, who was involved in the Maguindanao massacre last 2009 was allowed to attend the wedding of his daughter in Pasay City last August 21, 2018.

Using the structural social work lens in the case of Baby River and her mother, the courts as judicial institutions “perpetuates and maintains in-equality and personal hardship”. The law enjoys elasticity in its interpretation and implementation when lawyers of the ruling class invoke humanitarian grounds. Conversely, the law assumes rigidity and becomes an instrument of oppression when confronted with appeals from the poor. Reina Mae Nasino belongs to a perceived left-leaning organization and thus warranted an iron-hand incarceration. Under a failing judicial system, the “secure protection of the law” is only a promise and then taken away.

We, social workers believe that courts, as a state duty bearer, violate human rights when it perpetuates discrimination, inequality, and suffering of the poor and vulnerable, particularly of a young, detained mother.

We call on all social workers to oppose any form of oppression and violation of human rights and to condemn the treatment of Reina Mae Nasino as a mother and Baby River as a child. Rights are sacred and inherent to any individual and should not be arbitrarily deprived and violated.

Specifically, we call on the immediate temporary release of Reina Mae Nasino and her colleagues while a speedy trial and due process is in progress. We call on the review of court and detention policies and protocol that all pregnant women, new mothers, and young children less than three years old in jail be granted furlough while their cases are given priority trial.