Huwebes, Mayo 12, 2011

Airport Full Body Scanner is Unconstitutional

Technology and the Law class under Atty. Berne Guerrero gave us an opportunity to think and make a stand regarding the full body scanners that are being used in the airports. I belong to the liberal group and we are for the People. As I research about body scanners and the issues involving it, the more I am convinced that I chose the right group.

A body scanner is commonly used in airports and in train stations in some countries. It is a form of a security check as it shows a full body image of the person going through it. The image it creates will show even hidden objects in the body of the person. However, aside from the possible bomb, illegal weapons or drugs, it can also show prosthetics, metal parts embedded in the body through operation, a catheter or other medical matters that can be subject for humiliation or embarrassment.

Since I am for the people, I strongly disagree with the full body scanners that are being used as a security check. I strongly believe that it is unconstitutional and a violation of basic human rights. In the conservative country we belong, I cannot imagine full body scanners be distributed in our airports. The church will perhaps go against it and the majority of the people as well. I have learned that one can opt to not go through the scanner but he/she will be pat-down. I do not see any problem with this as long as a lady guard will check the women and a male security will check the men.

The basis for my stand can be found in the 1987 Philippine Constitution, particularly in Article III, Sec 2 which substantially provides:

"The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particulary describing the place to be searched and the persons or things to be seized."

I am not against the security measures that the government may want to extend or exercise because it is for the betterment of all. I know that when it involves National Security, there are some exceptions provided. However, what I do not agree is the full body scanner which is capable of showing the person's entire body in a screen without him or her removing his or her clothes. 

Furthermore, there are other issues to be discussed on this matter like health risk. If X-rays have radiation, what more harm can this full body scanners do to us? It may harm our skin and can even be cancerous. There has not been a study made about it but there should be before those machines destroy even genetics. Also, how about kids? do they have to go through it too? Is it not a form of child pornography since it creates an image of a persons body including his/her privates?

Few years ago, Al Qaeda group attempted to bomb Northwest Airlines on a Christmas day, wherein the explosive was hidden in an underwear that has a packet where the chemical was. Few months ago, our fellow Filipinos were executed in China because of drug trafficking and this is a very serious issue. Drugs or chemicals in small packets may not be detected by a metal detector but maybe it can be by a pat down made by an expert.  There are many advantages that full body scanner can give us but before it should be distributed and implemented, I hope a thorough study can be done on its effectivity. A report about the attempted bombing on Christmas day showed that most if not all of the passengers went through the body scanners. Also there are issues on ineffectiveness of these machines which are elaborated in wikipedia (http://en.wikipedia.org/wiki/Full_Body_Scanner).

I believe that our body is the temple of our souls. I can imagine how uncomfortable it would be if travelers will have to go through machines like the full body scanner that will show their entire body to a stranger(s) without striping off their clothes. It is indeed an invasion of privacy. Hence, I strongly disagree with it and the government should consider the people and the latter's thought or feeling about it too before imposing or implementing them. Besides, these machines cost a fortune! 

Disclaimer: I am just a law student who is expressing  my thought about the subject matter and why I chose to be "FOR THE PEOPLE". I am not giving any form of advice to anybody who can possibly read this blog nor do I mean to offend or discriminate/criticize anybody. This is just to comply with our class requirement. Thank you.  


 

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