The ​Homo Sacer

The term ​homo sacer​ which ironically translates to ‘the sacred man’ typically refers to a
person convicted for a crime in society. They are called such as they can only rely on the
protection of gods for any hope of improving their lives because, as far as the rest of society
is concerned, their humanity is forfeit.

Having recently visited Children in Conflict with the Law (CICL), I have come to understand
why such term is used to describe convicts. The obvious reason for the usage of the term
based on my conversations with the convicts is the quality of their life in their prison cells.
Based on their stories, convicts are not only deprived of their liberty but they are also
unreasonably deprived of any sense of comfort in their cells. Not only do they not have
enough space in said cells which they have to share with numerous other people, but they are
also forced to endure the unbearable heat which results from overcrowded cells and a lack of
cooling facilities.

The not-so-obvious reason for the usage of the term is the deprivation of any sense of a
fulfilling future that these children may have when they eventually become released from
prison. Despite the end of their sentence, and the presumed reformation they underwent while
in prison, their punishment still subsists through the unending discrimination they will suffer
from the rest of society. According to my conversations with the children in CICL, those they
know whom have already finished their sentence are now experiencing a new problem: the
refusal of society to hire them for any work for the sole reason that they are ex-convicts. It
matters not that their imprisonment is only ​prision mayor,​ limited from 6 years and 1 day to
12 years, or maybe ​reclusion perpetua​, which is only from 20 years and 1 day to 40 years, as
the ‘accessory penalty’ - society’s bias against them - is a life sentence that can never be
entirely served.

The tragedy of such a ‘penalty’ is not only experienced by the child convicted but also his
family. During my interaction with the kids, I was told that their families were dependent on
them for the former’s subsistence. As such, the deprivation of work that they will experience
from the discriminatory attitude that society will have against them is not only going to
hinder their reintegration as productive members of society but also further perpetuate
poverty as it will effectively deprive families of one more person who can earn for them and
provide for their needs.

The aforementioned reasons are why I believe that the term homo sacer is an appropriate term
to describe convicts. Our inability to overcome our biases and the government’s lack of
initiative to protect reformed ex-convicts speak of our society’s stance, or lack thereof, with
regard to protecting the interests of reformed criminals. The term homo sacer then is
appropriate as the only saving grace that ex-convicts can hope to have is God’s favor for, as
our society has shown, they cannot expect any aid from us nor our laws.