EDITORIAL

Random drug tests unconstitutional?

The intention of government to conduct drug tests among students maybe of good intentions to lessen, if not stop drug use among the young so they wouldn’t become a menace and a liability to society. President Arroyo ordered the conduct of the random drug tests for students nationwide in the wake of reports many students are into substance abuse. This reportedly contributed to rise in crimes committed by the youth.

The problem with the random drug tests is that it is unconstitutional, according to the Commission on Human Rights. CHR chairperson Leila de Lima said random drug tests are violations against self-incrimination, unlawful searches and seizures. She said children's have the right to expect full protection of the law against any interference or attack and to protect themselves from their effects and correspondence.

She said to avoid legal problems, guidelines on testing should be definite and clear and the rule on confidentiality should be strictly implemented. Guidelines should be made in a democratic and consultative manner, according to the CHR. But to address the illegal drugs problem, de Lima said the government, instead, must address institutional roots of this menace. De Lima added the government must step up its campaign against using and trading banned substances as well as increase funds and other resources for child-friendly programs and facilities.

The government must also provide more funding and technical support for enhancing the country's rehabilitation and social welfare systems to help people recover from using illegal drugs so they can start life anew. There should be parameters in conduct of the tests so the government wouldn’t be violating right to privacy, the CHR chief said.

But government officials say parents would be asked to sign waivers and the students may refuse to be tested if they wish. Meanwhile, parents are saying students should not be singled out when the tests are done, but government officials say if students are not hiding anything, they must be willing to undergo the drug tests for the sake of transparency.

Questions: What would be done with results of the drug tests? What are the follow-up actions? What are the guidelines so abuses could be avoided? Would there be programs for the rehabilitation of the students who would be found drug users.

The government is duty-bound to uphold the children's rights as the Philippines is party to the United Nations Convention on the Rights of the Child (UNCRC), an international convention setting out children's civil, economic, political, social and cultural rights and which the UN General Assembly adopted in November 1989.

This makes the government committed to undertake legislative, administrative and other measures for promoting children's rights and random drug tests among students are not the solution. Meanwhile, will somebody file a case in court to determine the constitutionality of these random drug tests?