Monday, April 6, 2020

CLASS LEGISLATION IN COVID 19 TIMES

Cause of the Crisis

What is the reason for this crisis, the Covid 19  facing us at the moment? It is because the virus carried by pangolins, have been transferred to humans. 

Whose fault is it? The commercial enterprises that have captured and sold these pangolins.

Pangolins are in high demand for Chinese traditional medicine in southern China and Vietnam because their scales are believed to have medicinal properties. Their meat is also considered a delicacy. .

Most experts agree that bats are a natural reservoir of SARS-CoV-2, but an intermediate host was needed for it to jump from bats to humans.

This evidence points to the pangolin (scaly, anteater-like animals) as the most likely intermediate host for the new coronavirus, but additional intermediate hosts could be possible, the researchers say.
                                                                                                                                                                             -wikipedia


"While initial speculation pointed to seafood, snakes and another bat-borne coronavirus from Yunnan province in southwestern China, researchers from Hong Kong, China and Australia have found that genetic sequences of the novel coronavirus in pangolins are 85.5% to 92.4% identical to the coronavirus currently infecting hundreds of thousands people. That means, before reaching humans, the virus was likely passed from bats to the pangolin, the most illegally traded animal in the world." -dw.com 


THIS PANDEMIC SITUATION IS THE FAULT OF A WORLD CAPITALISTIC ORDER WHERE CERTAIN BUSINESS PRACTICES HAVE CAUSED THE CORONA VIRUS DISEASE OR COVID 19 TO ARISE.  EVERYONE, REGARDLESS OF SEX, AGE, RACE, EDUCATIONAL BACKGROUND, ECONOMIC STATUS AND COLOR ARE AFFECTED.


HEALTH AND FOUR COMPONENTS AFFECTED BY COVID 19
Actually the effects of the Corona Virus Disease or Covid 19 are not just physical but also psychological. 

Health has four components, as my studies show when I was developing a Health Literacy Program for Urban Poor Women of Tondo in the 90’s sponsored by the Laubach Literacy International. The components are: Physical, Emotional, Mental and Spiritual. One component cannot be divorced from the other since the human body experiences total pain in case any dysfunction of one component or element arises.

And so Covid-19 shows its physical effects in terms of cough, colds, fever, diarrhea and many more. Emotionally, the patient suffers from worries, nervousness, fears, especially of death.   Mentally, the patient’s mind rotates around thinking of where and how to feed the family when he or she is gone; in what manner will he or she die; of leaving no resources for the family; of financial ruin in general. Spiritually, the patient becomes despondent and could question why God has brought about this crisis or is there still a God that is supposed to be taking care of us especially in times of need?


Affected Sectors, Especially Women

Most press conferences of DOH only target those under investigation, monitoring and the dead. There is no gender in the stories which is sad because women’s lives are highly important in a family’s and society’s existence. Pronouncements of the effects of Covid 19 should also focus on how women are affected.

Women’s lives in the rural areas must be known as to how they are affected by Covid 19.  We know that with few choices in life, , many women have had to endure unsatisfactory domestic or work conditions and feel powerless at improving their families’ and their own health, much more so in facing this disease.****

The way women are reacting to the current situation must be documented. The Philippine Commission on Women must make sure that government pronouncements take women’s situation in grave consideration.

PAINS CAUSED BY COVID 19
What are the effects of this crisis? Is it only economic? No, it is also psychological. Seniors suffer from sleeplessness over the lack of certainty of their future. They cannot roam about to ease their anxieties and just have to rely on gadgets, if they have any,  to take their mind away from the real problems that the crisis has brought about.

And so the exclusion of the seniors, (just because there are those who are receiving pensions), is cruel. Our not being benefitted by amelioration budget is added pain to what we are currently suffering from.

Why extract generosity (such as giving up the benefit) when psychological pain is present, though non-quantifiable? Mental, emotional, spiritual pains, not only physical, have extreme consequences to seniors especially as most could be suffering from weak bodies, poor heart condition and even of imminent death due to over worrying.

We are being made to be kind to those who are poor but how about the officials who receive their salaries and their other emoluments while performing their roles?  How come they are not being asked to give up whatever benefits they have now? Is this not a form of class legislation? Luckily,  some legislators have a sense of responsibility and are giving up a portion of their annual salaries.

Amelioration
Now amelioration is being bandied about to benefit the victims of the Covid 19, such as the poor, the elderly and other disadvantaged sectors of society.
What is amelioration? It means "to make or become better, more bearable, or more satisfactory; improve: strategies to ameliorate negative effects on the environment."

Effects of Covid 19
Whoever said that the social amelioration program must discriminate?
Class Legislation
So going back to the exclusion of pensioned seniors, is this not a case of class legislation? Certain classes are being discriminated against in favor of the indigent classes?

The Philippine Constitution
Our Constitution emphasizes that “No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.”

Equal protection of the laws. A phrase in the Fourteenth Amendment to the United States Constitution requires that states guarantee the same rights, privileges, and protections to all citizens.*

Now, the Bayanihan Act 11469 was passed last month. We ask, in its implementation, is the government insuring that it is not committing Class legislation? 

Class legislation  refers to legislation that applies to certain persons or class of persons, either natural or artificial, or to certain districts of territory or state.** 

The Bayanihan Act states thus:

[REPUBLIC ACT NO. 11469]
AN ACT DECLARING THE EXISTENCE OF A NATIONAL EMERGENCY ARISING FROM THE CORONAVIRUS DISEASE 2019 (COVID-19) SITUATION AND A NATIONAL POLICY IN CONNECTION THEREWITH, AND AUTHORIZING THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES FOR A LIMITED PERIOD AND SUBJECT TO RESTRICTIONS, TO EXERCISE POWERS NECESSARY AND PROPER TO CARRY OUT THE DECLARED NATIONAL POLICY AND FOR OTHER PURPOSES

Then it states its policy as in
Section 3. The COVID-19 pandemic has greatly affected nations worldwide, including the Philippines, and has caused and is continuing to cause loss of lives and disruption to the economy. Thus, there is an urgent need to: (a) mitigate, if not contain, the transmission of COVID-19; (b) immediately mobilize assistance in the provision of basic necessities to families and individuals affected by the imposition of Community Quarantine, especially indigents and their families; (c) undertake measures that will prevent the overburdening of the healthcare system; (d) immediately and amply provide healthcare, including medical tests and treatments, to COVID-19 patients, persons under investigation (PUIs), or persons under monitoring (PUMs); (e) undertake a program for recovery and rehabilitation, including a social amelioration program and provision of safety nets to all affected sectors; (f) ensure that there is sufficient, adequate and readily available funding to undertake the foregoing; (g) partner with the private sector and other stakeholders to deliver these measures and programs quickly and efficiently; and (h) promote and protect the interests of all Filipinos in these challenging times. By reason thereof, and in order to optimize the efforts of the President to carry out the tasks needed to implement the aforementioned policy, it is imperative to grant him authority subject to such limitations as hereinafter provided.
In policy (b) it states that “ (urgent needs require immediate mobilization of) assistance in the provision of basic necessities to families and individuals affected by the imposition of Community Quarantine, especially indigents and their families…” This is a recognition that everyone is affected. It does not state that indigents and their families are the only ones to be assisted.  The government just has to insure that indigents and their families are given attention but not to the exclusion of other sectors.

Social Amelioration - Distortion of Meaning
The Bayanihan Act, moreover  specifically states that: “…(an urgent need requires) a social amelioration program and provision of safety nets to all affected sectors; (and) (f) (the need to) ensure that there is sufficient, adequate and readily available funding to undertake the foregoing....).”

However recent pronouncements from the government spokespersons are alienating certain groups of people especially the elderly who are receiving pensions and denying them from enjoying benefits arising from the social amelioration budgets. Moreover the DSWD is speaking of families who will benefit from the program. How about individual elderlies who do not have families?

Is there class legislation when it comes to providing social amelioration?

THIS PANDEMIC SITUATION IS THE FAULT OF A WORLD CAPITALISTIC ORDER WHERE CERTAIN BUSINESS PRACTICES HAVE CAUSED THE CORONA VIRUS DISEASE OR COVID 19 TO ARISE.  

EVERYONE, REGARDLESS OF SEX, AGE, RACE, EDUCATIONAL BACKGROUND, ECONOMIC STATUS AND COLOR ARE AFFECTED.

Newer press presentations say that the DSWD will select those who will receive monetary compensation. Only indigent families shall receive compensation.
Compensation is meant to be paid monies to ease the pains of the affected sectors of our society.

Why Dictate on Some Sectors especially Pensioned Seniors How they are Supposed to Spend their Share of the Amelioration Budget?

Why, there are seniors who could choose to share their wealth to the needy. The government need not meddle into nor dictate how they will use their resources at this time. The point is that everyone must have access to the social amelioration budget because we are all equally affected by the health crisis.

The State is committing a crime when it chooses to select those who will receive benefits from a pandemic crisis.

Societies arise because of people who share common histories, customs and traditions. And when crises arise, such as the Covid 19, then we are brought into a situation where we, together with everyone else, all share the burden of suffering through and seeking solutions to this health crisis.

The State is not an innocent entity that can dictate how to use the resources culled from the people’s taxes. Its laws and acts must insure that everyone benefits without unequal treatments.

Folks, let us be vigilant to every act of the government especially where our lives, peace of mind, and health are in danger.
Notes:
*The Amelioration Act 1798[1] (sometimes referred to as the Melioration Act or the Slavery Amelioration Act) was a statute passed by the Leeward Islands to improve the conditions of slaves in the British Caribbean colonies.

It introduced financial compensation for slaves, and therefore penalties for owners, for instances of cruelty or serious neglect.
The Act is most often noted for its provisions for financial penalties for inflicting cruel and unusual punishments on slaves. It also made provisions for basic entitlements of slaves to clothes, food and rudimentary education.- https://en.wikipedia.org/wiki/Amelioration_Act_1798
** Class legislation violates equal protection guaranteed through the fourteenth amendment of the U.S. Constitution. Our own Constitution guarantees equal protection for all, equality of all persons before the law.

*** Now, there are women who live in the mountains and rural areas unreachable through hazardous if not difficult transportation. My assistant, Angela has to migrate to Manila in order to find work beside her husband. When she rides home from Manila to Tuguegarao, she takes a bus for 10 hours paying (fare of P1,200); then another 3 hours ride on a jeep from Tuguegarao to Aparri (P250);  from Aparri to centro van in thirty minutes (P50); 40 minutes walking up to the mountains of Binalan, Aparri.

So this is one reality of life in the Philippines where the rural areas are hardly accessible to people and women are part of that scene. Angela talks of her grandmother who recently died at 96 years and who had managed to live there in Binalan for almost as century.

The life of Angela’s grandmother can be said to be replicated everywhere else in our country.


****“Women are susceptible to health problems and hazards because of their roles as home-managers, economic providers, and their role in reproduction. The reproductive system of pregnant women is especially vulnerable to environmental contaminants. Every step in the reproductive process can be altered by toxic substances in the environment. These toxic substances may increase the risk of abortion, birth defects, fetal growth retardation, and peri-natal death.”





No comments: