FIFTEENTH CONGRESS OF THE REPUBLIC
OF THE PHILIPPINES
First Regular Session
SENATE BILL No. 2378
Introduced by Senator Miriam Defensor Santiago
AN ACT PROVIDING FOR A NATIONAL POLICY
ON REPRODUCTIVE HEALTH AND POPULATION AND DEVELOPMENT
Be it enacted by the Senate and the
House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. - This Act shall be known as the The Reproductive Health Act.
SECTION 2. Declaration of Principles. - The State recognizes and guarantees the human rights of all persons including their right to equality and non-discrimination in these rights, the right to sustainable human development, the right to health which includes reproductive health, the right to education and information and the right to choose and make decisions for themselves in accordance with their religious convictions, cultural beliefs, and the demands of responsible parenthood.
Moreover, the State recognizes and
guarantees the promotion of gender equality, equity and women's empowerment as
a health and human rights concern. The advancement and protection of women's
human rights shall be central to the efforts of the State to address
reproductive health care. The State likewise recognizes and guarantees the
promotion of the welfare and rights of children.
In furtherance of these principles, the
State shall guarantee universal access to information and education, and safe,
affordable, and quality reproductive health care services.
The State likewise guarantees universal
access to medically-safe, legal, affordable and quality reproductive health
care services, methods, devices, supplies and relevant information thereon
according priority to the needs of women and children, or other underprivileged
sectors.
The State shall address and seek to
eradicate discriminatory practices, laws and policies that infringe on a
person's exercise of sexual and reproductive health and rights.
SECTION 3. Guiding Principles. - This Act declares the following as guiding principles:
(A) The right to make free and informed
decision, which is central to the exercise of any right shall not be subjected
to any form of coercion and must be fully guaranteed by the State like the
right itself.
(B) Respect for, protection and
fulfillment of reproductive health and rights seek to promote not only the
rights and welfare of adult individuals and couples but those of adolescents
and children as well.
(C) Effective reproductive health care
services must be given primacy to ensure maternal health and birth of healthy
children, in line with the state's duty to promote the right to health,
responsible parenthood, social justice and full human development.
(D) The provision of medically-safe,
accessible and affordable and quality reproductive health care services is
essential in the promotion of people's right to health and shall be
incorporated as a component of primary health care.
(E) The State will provide access,
without bias, all modern methods of family planning which have been proven safe
and effective in accordance with scientific and evidence-based medical
standards such as those set by the World Health Organization (WHO).
(F) The State shall promote a program
that: (1) enables individuals and couples to have the number of children they
desire with due consideration to the health, particularly of women, and
resources available to them. (2) achieves equitable allocation and utilization
of resources; (3) ensures effective partnership among the national government,
local government units and the private sector in the design, implementation,
coordination, integration, monitoring and evaluation of people-centered
programs towards quality of life and environmental protection; and (4) conducts
studies to analyze demographic trends towards sustainable human development in
keeping with the principles of gender equality and the promotion of women's
health.
(G) The provision of reproductive
health care and information must be the joint primary responsibility of the
National Government and Local Government Units consistent with their obligation
to respect, protect and promote the right to health including reproductive
health.
(H) Active participation by
non-government, women's, people's, civil society organizations; and communities
is crucial to ensure that reproductive health and population and development
policies, plans, and programs will address the priority needs of the poor,
especially women. The state shall encourage equitable allocation and
utilization of resources in the provision of health care.
(I) While this Act does not amend penal
law on abortion, the government shall ensure that all women needing care for
post-abortion complications shall be treated and counseled in a humane,
non-judgmental and compassionate manner.
SECTION 4. Definition of Terms. - For the purpose of this Act, the following terms shall be defined as follows:
(A) Adolescence - refers to a
life stage of people ten (10) to nineteen (19) years of age.
(B) Adolescent sexuality -
refers to, among others, the reproductive system, gender identity, values or
beliefs, emotions, relationships and sexual behavior of young people as social
beings.
(C) AIDS (Acquired Immune Deficiency
Syndrome) - refers to a condition characterized by a combination of signs
and symptoms, caused by HIV which attacks and weakens the body's immune system,
making the afflicted individual susceptible to other life-threatening
infections.
(D) Anti-Retroviral Medicines (ARVs)
- Antiretroviral drugs are medications for the treatment of infection by
retroviruses, primarily HIV.
(E) Basic Emergency Obstetric Care
- refers to lifesaving services for maternal complications being provided by a
health facility or professional, which must include the following six signal
functions: administration of parenteral antibiotics; administration of
parenteral oxytocic drugs; administration of parenteral anticonvulsants for
pre-eclampsia and eclampsia; manual removal of placenta; removal of retained
products; and assisted vaginal delivery.
(F) Comprehensive Emergency
Obstetric Care - refers to basic emergency obstetric care plus two other
signal functions: performance of caesarian section and blood transfusion.
(G) Employer - includes any
person acting in the interest of an employer, directly or indirectly. The term
shall not include any labor organization or any of its officers or agents
except when acting as an employer.
(H) Family planning - refers to
a program which enables couples and individuals to decide freely and
responsibly the number and spacing of their children and to have the
information and means to do so, and to have access to a full range of safe,
effective, and modern methods of preventing pregnancy.
(I) Gender equality - refers to
equality in opportunities, in the allocation of resources or benefits, or in
access to services in furtherance of the rights to health and sustainable human
development among others, without discrimination on the basis of a person's
sex, sexual orientation and gender identity.
(J) Gender equity - fairness and
justice in the distribution of benefits and responsibilities between women and
men, and often requires women-specific projects and programs to end existing
inequalities. This concept recognizes that while reproductive health involves
women and men, it is more critical for women's health.
(K) Healthcare Service Providers
- refers to (a) health care institution, which is duly licensed and accredited
and devoted primarily to the maintenance and operation of facilities for health
promotion, prevention, diagnosis, treatment, and care of individuals suffering
from illness, disease, injury, disability or deformity, or in need of
obstetrical or other medical and nursing care; ((b) a health care professional,
who is any doctor of medicine, nurse, or midwife; (c) public health worker
engaged in the delivery of health care services; and (d) barangay health worker
who has undergone training programs under any accredited government and
non-government organization and who voluntarily renders primarily health care
services in the community after having been accredited to function as such by
the local health board in accordance with the guidelines promulgated by the
Department of Health (DOH);
(L) HIV (Human Immunodeficiency
Virus) - refers to the virus which causes AIDS;
(M) Male responsibility - refers
to the involvement, commitment, accountability, and responsibility of males
with women in 1111 areas of sexual and reproductive health, as well as the care
of reproductive health concerns specific to men;
(N) Maternal Death Review -
refers to a qualitative and in-depth study of the causes of maternal death with
the primary purpose of preventing future deaths through changes or additions to
programs, plans and policies;
(O) Modern Methods of Family
Planning - refers to safe, effective and legal methods to prevent pregnancy
such as the pill, intra-uterine device (IUD), injectables, condom,
ligation,vasectomy, and modern natural family planning methods which inc1ude
mucus, Billings, ovulation, lactational amenorrhea, basal body temperature, and
Standard Days methods;
(P) People Living with HIV (PLWH)
- refers to individuals whose HIV tests indicate that they are infected with
HIV;
(Q) Reproductive health - refers
to the state of complete physical, mental and social well- being and not merely
the absence of disease or infirmity, in all matters relating to the
reproductive system and to its functions and processes. This implies that
people are able to have a satisfying and safe sex life, that they have the
capability to reproduce and the freedom to decide if, when and how often to do
so, provided that these are not against the law. This further implies that
women and men attain equal relationships in matters related to sexual relations
and reproduction;
(R) Reproductive Health Care -
the access to a full range of methods, techniques, facilities and services that
contribute to reproductive health and well being by preventing and solving
reproductive health-related problems. It also includes sexual health, the
purpose of which is the enhancement of life and personal relations. The
elements of reproductive health care include:
1. maternal, infant
and child health and nutrition including breastfeeding
2. family planning
information and services;
3. prevention of
abortion and management of abortion complications;
4. adolescent and
youth reproductive health;
5. prevention and
management of reproductive tract infections (RTIs), HIV and AIDS and other
sexually transmittable infections (STIs);
6. elimination of
violence against women;
7. education and
counseling on sexuality and sexual health;
8. treatment of
breast and reproductive tract cancers and other gynecological conditions and
disorders;
9. male
responsibility and participation in reproductive health; and
10. prevention and treatment
of infertility and sexual dysfunction.
(S) Reproductive Health Care program
- refers to the systematic, integrated provision of reproductive health care
elements to all citizens especially the poor, marginalized and those in
vulnerable situations.
(T) Reproductive tract infection
(RTI) – refers to sexually transmitted infections, and other types of
infections affecting the reproductive system.
(U) Reproductive Health and
Sexuality Education – refers to lifelong learning process of providing and
acquiring complete, accurate and relevant information and education on
reproductive health and sexuality through life skills education and other
approaches.
(V) Reproductive rights - the
rights of individuals and couples, to decide freely and responsibly whether or
not to have children; the number, spacing and timing of their children; to make
other decisions concerning reproduction free of discrimination, coercion and
violence; to have the information and means to do so; and to attain the highest
standard of sexual and reproductive health.
(W) Sexually Transmitted Infections
(STIs) – refers to any infection that may be acquired or passed on through
sexual contact.
(X) Skilled Attendant - an
accredited health professional—such as a midwife, doctor or nurse—who has been
educated and trained to proficiency in the skills needed to manage normal
(uncomplicated) pregnancies, childbirth and the immediate postnatal period, and
in the identification, management and referral of complications in women and
newborns; traditional birth attendants or traditional midwives—trained or
not—are excluded from this category.
(Y) Skilled Birth Attendance –
childbirth managed by a skilled attendant plus the enabling conditions of necessary
equipment and support of a functioning health system, including transport and
referral facilities for emergency obstetric care.
(Z) Sustainable Human Development
– refers to bringing people—particularly the poor and vulnerable—at the center
of development process, the central purpose of which is the creation of an
enabling environment in which all can enjoy long, healthy and creative lives,
and done in a manner that promotes their rights and protects the life
opportunities of future generations and the natural ecosystem on which all life
depends.
SECTION 5. Midwives for Skilled Attendance. - The Local Government Units (LGUs) with assistance of the Department of Health (DOH), shall employ an adequate number of midwives to achieve a minimum ratio of one (1) fulltime skilled birth attendant for every one hundred fifty (150) deliveries per year, to be based on the annual number of actual deliveries or live births for the past two years. Provided, that people in geographically isolated and depressed areas shall have the same level of access.
SECTION 6. Emergency Obstetric Care. - Each province and city shall ensure the establishment or upgrading of hospitals with adequate and qualified personnel, equipment and supplies to be able to provide emergency obstetric care. For every 500,000 population, there shall be at least one (1) hospital for comprehensive emergency obstetric care and four (4) hospitals for basic emergency obstetric care, provided, that people in geographically isolated and depressed areas shall have the same level of access.
SECTION 7. Access to Family Planning. - All accredited health facilities shall provide full range of modern family planning methods, except in specialty hospitals which may render such services on optional basis. For poor patients, such services shall be fully covered by PhilHealth Insurance and/or government financial assistance.
After the use of any PhilHealth benefit
involving childbirth and all other pregnancy- related service wherein the
beneficiary wishes to space or prevent her next pregnancy, PhilHealth shall pay
for the full cost of family planning for the next three (3) years. The benefit
payments shall be channeled to appropriate local or national government health
facilities. SECTION 8. Maternal Death Review.
All Local Government Units (LGUs),
national and local government hospitals, and other public health units shall
conduct annual maternal death review in accordance with the guidelines set by
the DOH.
SECTION 9. Family Planning Supplies as Essential Medicines. - Hormonal contraceptives, intrauterine devices, injectables and other safe and effective family planning products and supplies shall be part of the National Drug Formulary and the same shall be included in the regular purchase of essential medicines and supplies of all national and local hospitals and other government health units.
SECTION 10. Procurement and Distribution of Family Planning Supplies. - The DOH shall spearhead the efficient procurement, distribution of to LGUs and usage-monitoring of family planning supplies for the whole country. The DOH shall coordinate with all appropriate LGU bodies to plan and implement this 'procurement and distribution program. The supply and budget allotments shall be based on, among others, the current levels and projections of the following:
A. number of women of reproductive age
and couples who want to space or limit their children;
B. contraceptive prevalence rate, by
type of method used; and
C. cost of family planning supplies.
SECTION 11. Benefits for Serious and Life-Threatening Reproductive Health Conditions. - All serious and life threatening reproductive health conditions such as HIV and AIDS, breast and reproductive tract cancers, and obstetric complications shall be given the maximum benefits as provided by PhilHealth programs.
SECTION 12. Mobile Health Care Service. - Each Congressional District shall be provided with the Mobile Health Care Service (MHCS) in the form of a van or other means of transportation appropriate to coastal and mountainous areas. The MHCS shall deliver health care goods and services to its constituents, more particularly to the poor and needy, as well as disseminate knowledge and information on reproductive health. The purchase of such shall be funded from the Priority Development Assistance Fund (PDAF) of each Congressional District. The subsequent operation and maintenance of the MHCS shall be subject to an agreement entered into between the district representative and the recipient province or cities. The MHCS shall be operated by skilled health providers and adequately equipped with a wide range of reproductive health care materials and information dissemination devices and equipment, the latter including but not limited to a television set for audio-visual presentations. All MHCS shall be operated by LGUs of provinces and highly urbanized cities.
SECTION 13. Mandatory Age-Appropriate Reproductive Health and Sexuality Education. - Age-appropriate Reproductive Health and Sexuality Education shall be taught by adequately trained teachers in formal and non-formal educational system starting from Grade 5 using life-skills and other approaches. Reproductive Health and Sexuality Education shall commence at the start of the school year immediately following one year from the effectivity of this Act. The Department of Education (DEPED), Commission on Higher Education (CHED), TESDA, and Department of Social Welfare and Development (DSWD), and the Department of Health (DOH) shall formulate the RH and Sexuality Education curriculum. Such curriculum shall be common to both public and private schools, out of school children, youth and adults in the Alternative Learning System (ALS) based on but not limited to the following contents: Psycho-Social Wellbeing, Legal and Ethical aspects of RH, Demography and RH and Physical Wellbeing.
Age-appropriate reproductive health and
sexuality education shall be integrated in all relevant subjects and shall
include, but not limited to the following topics:
a. Values formation
b. Knowledge and
skills in self protection against discrimination, sexual violence and abuse,
and teen pregnancy.
c. Physical, Social
and Emotional Changes in Adolescents
d. Children's and
women's rights
e. Fertility
awareness
f. STI, HIV and AIDS
g. Population and
development
h. Responsible
relationship
i. Family planning
methods
j. Proscription and
hazards of abortion
k. Gender and
development
l. Responsible
parenthood
The DepEd, CHED, DSWD, TESDA, and DOH
shall provide concerned parents with adequate and relevant scientific materials
on the age-appropriate topics and manner of teaching reproductive health
education to their children.
SECTION 14. Capability Building of Barangay Health Workers. - Barangay Health Workers and other community-based health workers shall undergo training on the promotion of reproductive health and shall receive at least 10% increase in honoraria provided that those receiving less than P1,000.00 shall receive at least 20% increase upon successful completion of training. This increase in honoraria shall be funded from the Gender and Development (GAD) budget or other sources of funds of the Local Government Units.
SECTION 15. Employers' Responsibilities. - The Department of Labor and Employment (DOLE) shall ensure that employers respect the reproductive rights of workers. Consistent with the spirit of Article 134 of the Labor Code, employers with more than 200 employees shall integrate the provision of reproductive health services to all employees in their respective health facilities. Those with less than 200 workers shall enter into partnership with hospitals, health facilities, and or health professionals in their areas for the delivery of reproductive health services.
Employers shall also uphold the right
of all workers to know work conditions which may affect their health,
particularly those related with their reproductive health. Employers shall
furnish in writing the following information to all employees and applicants:
a. The medical and
health benefits which workers are entitled to, including maternity and
paternity leave benefits and the availability of family planning services;
b. The reproductive
health hazards associated with work, including hazards that may affect their
reproductive functions especially pregnant women;
c. The availability
of health facilities for workers.
SECTION 16. Multi-Media Campaign. - The DOH shall initiate and sustain a heightened nationwide multi-media campaign to raise the level of public awareness on the protection and promotion of reproductive health and rights including family planning and population and development.
SECTION 17. Implementing mechanisms. - A) Pursuant to the herein declared policy, the DOH and the Local Health Units shall serve as the lead agencies for the implementation of this Act and shall integrate in their regular operations the following functions:
1. Fully and
efficiently implement the Reproductive Health Care Program;
2. Ensure people’s
access to medically safe, legal, quality and affordable reproductive health
goods and services;
3. Ensure that
reproductive health services are delivered with a full range of supplies,
facilities and equipment and that service providers are adequately trained for
such reproductive health care delivery;
4. Take active steps
to expand the coverage of the National Health Insurance Program (NHIP),
especially among poor and marginalized women, to include the full range of
reproductive health services and supplies as health insurance benefits;
5. Strengthen the
capacities of health regulatory agencies to ensure safe, high-quality,
accessible, and affordable reproductive health services and commodities with
the concurrent strengthening and enforcement of regulatory mandates and
mechanisms;
6. Facilitate the
involvement and participation of non-government organizations and the private
sector in reproductive health care service delivery and in the production,
distribution and delivery of quality reproductive health and family planning
supplies and commodities to make them accessible and affordable to ordinary
citizens;
7. Furnish local
government units with appropriate information and resources to keep the latter
updated on current studies and researches relating to family planning,
responsible parenthood, breastfeeding and infant nutrition; and
8. Perform such other
functions necessary to attain the purposes of this Act.
B) The POPCOM, as an attached agency of
DOH, shall render technical assistance to the local government units in the
implementation of this Act, particularly in incorporating the standards set by
the International Conference on Population and Development and other relevant
international human rights instruments into development planning.
SECTION 18. Prohibited Acts. - The following acts are prohibited:
(A) Any healthcare service provider,
whether public or private, who shall:
1. Knowingly withhold
information or restrict the dissemination thereof, andlor intentionally provide
incorrect information regarding programs and services on reproductive health including
the right to informed choice and access to a full range of legal,
medically-safe and effective family planning methods;
2. Refuse to perform
legal and medically-safe reproductive health procedures on any person of legal
age on the ground of lack of third party consent or authorization. In case of
married persons the mutual consent of the spouses shall be preferred. However
in case of disagreement, the decision of the one undergoing the procedure shall
prevail. In the case of abused minors where parents and/or other family members
are the perpetrators as certified to by the Department of Social Welfare (DSWD)
and Development, no prior parental consent shall be necessary; and
3. Refuse to extend
quality health care services and information on account of the person's marital
status, gender, sexual orientation, age, religion, personal circumstances, or
nature of work, provided that, the conscientious objection of a healthcare
service provider based on his/her ethical or religious beliefs shall be
respected; however, the conscientious objector shall immediately refer the
person seeking such care and services to another healthcare service provider
within the same facility or one which is conveniently accessible; provided
further that the person is not in an emergency condition or serious case as
defined in RA 8344 penalizing the refusal of hospitals and medical clinics to
administer appropriate initial medical treatment and support in emergency and
serious cases.
(B) Any public official who, personally
or through a subordinate, prohibits or restricts the delivery of legal and
medically-safe reproductive health care services, including family planning; or
forces, coerces or induces any person to use such services.
(C) Any employer who shall require or
cause any applicant for employment or an employee to: submit himself/herself to
sterilization; use any contraceptive method; or not use such methods as a
condition for employment or continued employment. Further, pregnancy shall not
be a ground for non-hiring or termination from employment.
SECTION 19. Penalties. - Any violation of this act shall be penalized by imprisonment ranging from one (1) month to six (6) months or imposed a fine of Ten Thousand (P 10,000.00) to Fifty Thousand Pesos (P 50,000.00) or both such fine and imprisonment at the discretion of the court, provided that if the offender is a public official, s/he shall also be administratively liable.
SECTION 20. Reporting Requirements. - Before the end of April each year, the DOH shall submit an annual report to the President of the Philippines. The report shall provide a definitive and comprehensive assessment of the implementation of its programs and those of other Government agencies and instrumentalities, civil society and the private sector and recommend appropriate priorities for executive and legislative actions. The report shall be printed and distributed to all national agencies, the LGUs, civil society and the private sector organizations involved in said programs.
The annual report shall evaluate the
content, implementation, and impact of all policies related to reproductive
health, and family planning to ensure that such policies promote, protect and
fulfill women’s reproductive health and rights.
SECTION 21. Appropriations. - The amounts appropriated in the current annual General Appropriations Act for reproductive health and natural and artificial family planning under the DOH and POPCOM and other concerned agencies shall be allocated and utilized for the implementation of this Act. Such additional sums necessary to provide for the upgrading of facilities necessary to meet Basic Emergency Obstetric Care and Comprehensive Emergency Obstetric Care standards; the training and deployment of skilled health providers, natural and artificial family planning commodity requirements as outlined in Sec. 10, and for other reproductive health services, shall be included in the subsequent years' general appropriations.
SECTION 22. Implementing Rules and Regulations. - Within thirty (30) days from the effectivity of this Act, the Department of Health, National Economic and Development Authority, Department of Education, and the Department of Social Welfare and Development, together with non-government, women’s, people’s, and civil society organizations shall jointly promulgate, the rules and regulations for the effective implementation of this Act. At least 30% of the members of the drafting committee shall come from said organizations. Full dissemination of the Implementing Rules and Regulations to the public shall be ensured.
SECTION 23. Separability Clause. - If any provision or part hereof, is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.
SECTION 24. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or is inconsistent with the provision of this Act is hereby repealed, modified, or amended accordingly.
SECTION 25. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.
Approved,
--oOo—
FIFTEENTH CONGRESS OF THE REPUBLIC
OF THE PHILIPPINES
First Regular Session
SENATE BILL No. 2378
Introduced by Senator Miriam Defensor Santiago
EXPLANATORY NOTE
The Philippine government's duty to
respect, protect and fulfill the people's right to health is clearly
established under our Constitution. Article 2, Section 15, provides:
SEC.15.
The State shall protect and promote the right to health of the people and
instill health consciousness among them.
This duty is also clearly established
under international law. In particular, two international human rights
treaties, the International Covenant on Economic, Social and Cultural Rights
(ICESCR) and the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) have elaborated on the right to health, and the
corresponding obligations of states parties in the fulfillment of this right.
The Philippines is a state party to
both the ICESCR (ratified in 1974, Philippine entry into force in 1976) and the
CEDAW (ratified and Philippine entry into force in 1981); thus, both treaties
have long been part of Philippine law and national policy.
Article 12 of the ICESCR recognizes ·the
right of everyone to "the enjoyment of the highest attainable standard of
physical and mental health." "Health" is understood not just as
a right to be healthy, but as a right to control one's own health and body, including
sexual and reproductive freedom, and be free from interference such as torture
or medical experimentation. It includes the right to a system of health
protection which provides equality of opportunity for people to enjoy the
highest attainable level of health and a right to the enjoyment of a variety of
facilities, goods, services and conditions necessary for the realization of the
highest attainable standard of health. (General Comment No. 14 on the
implementation of Article 12 of the ICESCR)
On the other hand, the CEDAW, Article
12 mandates States Parties to "take all appropriate measures to eliminate
discrimination against women in the field of health care in order to ensure,on
a basis of equality of men and women, access to health care services, including
those related to family planning."
The Convention further provides that
"States Parties shall ensure to women appropriate services in connection
with pregnancy, confinement and the post-natal period, granting free services
where necessary, as well as adequate nutrition during pregnancy and
lactation."
The CEDAW Committee, tasked to monitor
the implementation of the convention, in its General Recommendation No. 24 on
Women and Health called upon states parties to prioritize the prevention of
unwanted pregnancy through family planning and sex education and to reduce
maternal mortality rates through safe motherhood services and prenatal
assistance.1
Thus, within the context of the
Constitutional provisions on women's right to health and the State's
international commitments as embodied in the lCESCR, the CEDAW, and other
various human rights instruments such as: the International Conference on
Population and Development Program of Action (ICPD-POA), the Beijing Platform
of Action (BPA) and the Millennium Development Goals specifically Goal 5 (MDG
5), the State is bound to address Reproductive Health-related issues.
Despite these clearly defined policies
and obligations, the Philippine government has yet to establish programs that
realize our right to health, in particular, reproductive health. Consider the
following:
· Eleven
(11) Filipino women, die every twenty-four hours daily due to pregnancy and
childbirth-related complications. Thus, the Philippines has one of the highest
Maternal Mortality Rate (MMR) in Asia.
·
More
than 60% of pregnancies in the Philippines is classified as high-risk (2003
National Demographic and Health Survey).
·
2.6
million Filipino women would like to plan their families but lack information
and access to do so. (Family Planning Survey 2006)
· Adolescent
pregnancy is 30% of annual births (DOH/WHO/UNFPA).
Experts from around the world now
acknowledge that almost all maternal deaths could be prevented with appropriate
care. Yet in the Philippines today, less than half of all deliveries take place
with the assistance of a skilled birth attendant. Since every maternal death is
a family and community tragedy, the community must involve itself in maternal
care.
This bill compels the state to
guarantee universal access to medically-safe, legal, affordable and quality
reproductive health services, methods, devices, supplies and relevant
information thereon.
Reproductive health and family planning
significantly improves maternal health and lowers maternal morbidity. Having
the ability to plan and space children will afford women more employment,
educational opportunities, and ultimately, economic empowerment.
If we are seriously committed to
eradicate poverty, pursue sustainable development and improve our quality of
life, then the issue of population cannot be ignored. However, this bill does
not dictate any form of population control. Rather it will help give parents
the opportunity to exercise their right to freely and responsibly plan the
number and spacing of their children. It will allow persons to choose which
form of family planning best suits them. This shall implement Article 15,
Section 3, paragraph (1) of the Constitution which states that, "the state
shall defend the right of spouses to found a family in accordance with their
religious convictions and the demands of responsible parenthood."
Finally, this bill does not promote
abortion. In fact, this bill is "pro-life." While, it does not amend
the penal law on abortion, it ensures that women needing care for post-abortion
complications shall be treated and not left to die. The state's legal
enforcement of the abortion prohibition must not inhibit women's right to
access this live-saving medical procedure. Indeed it should be noted that even
dangerous criminals and fugitives of the law who get injured or caught in a
shoot-out with law enforcement officers are entitled to emergency
hospitalization and treatment.
Withholding or limiting post-abortion
care is not an acceptable, let alone humane approach to the reduction of the number
of abortions, which is more aptly addressed through preventive education and
information programs including knowledge of safe and available options to
prevent pregnancy and the risks of abortion.
The Constitution guarantees full
respect for human rights. Health is a fundamental human right indispensable for
the exercise of other human rights and conducive to living a life in dignity.
Passage of this bill is a step towards
the attainment of that constitutional guarantee.
--oOo—
THIRTEENTH CONGRESS OF THE REPUBLIC
OF THE PHILIPPINES
First Regular Session
SENATE BILL No. 1280
Introduced By Senator Rodolfo G. Biazon
AN ACT PROVIDING FOR REPRODUCTIVE
HEALTH CARE STRUCTURES AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Title. -This Act shall be known as the The Reproductive Health Care Act.
Sec. 2. Declaration of Principles. The State recognizes and guarantees the human rights of all persons including the right to equality and equity, the right to development, the right to reproductive health, the right to education and the right to choose and make decisions for themselves in accordance with their religious convictions, cultural beliefs, and the demands of responsible parenthood.
Moreover, the State recognizes and
guarantees the promotion of gender equality, equity and women’s empowerment as
a health and human rights concern. The advancement and protection of women’s
human rights shall be centra1 to the efforts of the State to address
reproductive health care. As a distinct but inseparable measure to the
guarantee of women’s human rights, the State recognizes and guarantees the
promotion of the welfare and rights of children.
In furtherance of these principles, the
State shall guarantee access to information and education, and universal access
to safe, affordable, and quality reproductive health care services. The State
shall positively address and seek to eradicate discriminatory practices, laws
and policies that infringe on a person’s exercise of sexual and reproductive
health and rights.
Sec. 3. Objectives. This act endeavors to provide a stable and consistent reproductive health care program. Specifically, it aims to:
a) Provide couples and individuals
timely, complete and accurate information and education on reproductive health;
b) Provide couples and individuals
access to safe, affordable and quality reproductive health care services;
c) Ensure the planning, implementation,
and evaluation of appropriate and effective reproductive health care programs
at the national and local levels including maternal, peri-natal, infant, and
child health care; family planning information and 'services; services for the
prevention of abortion and management of post-abortion complications;
adolescent and youth health services; prevention and management of reproductive
tract infections, HIV/AIDS and other sexually transmittable infections (STIs);
elimination of violence against women; education and counseling on sexuality
and sexual health; treatment of breast, reproductive tract cancers and other
gynecological conditions; male involvement in reproductive health; and
prevention and treatment of infertility and sexual dysfunction.
Sec. 4. Definition of Term. -For the purpose of this Act, the following terms shall be defined as follows:
a) Reproductive health -the state of
complete physical, mental and social well-being and not merely the absence of
disease or infirmity, in dl matters relating to the reproductive system and to
its functions and processes. This implies that people are able to have a
satisfying and safe sex life, that they have the capability to reproduce and
the freedom to decide if, when and how often to do so, provided that these are
not against the law. This further implies that women and men attain equal
relationships in matters related to sexual relations and reproduction.
b) Reproductive rights -the rights of
individuals and couples, subject to applicable laws, to decide freely and
responsibly the number, spacing and timing of their children; to make other
decisions concerning reproduction free of discrimination, coercion and
violence; to have the information and means to do so; and to attain the highest
standard of sexual and reproductive health.
c) Gender equality -the absence of
discrimination on the basis of a person's sex, in opportunities, in the
allocation of resources or benefits, or in access to services.
d) Gender equity -fairness and justice
in the distribution of benefits and responsibilities between women and men, and
often requires women-specific projects and programs to end existing
inequalities.
e) Reproductive Health Care -the access
to a full range of methods, techniques and services that contribute to
reproductive health and well being by preventing and solving, reproductive
health-related problems. It also includes sexual health, the purpose of which
is the enhancement of life and personal relations. The elements of reproductive
health care include:
1. maternal, infant
and child health and nutrition;
2. family planning
information and services;
3. prevention of
abortion and management pf post-abortion complications;
4. adolescent and
youth health;
5. prevention and
management of reproductive tract infections (RTIs), HIV/AIDS and other sexually
transmittable infections (STIs);
6. elimination of
violence against women;
7. education and
counseling on sexuality and sexual health;
8. treatment of
breast and reproductive tract cancers and other gynecological conditions;
9. male involvement
and participation in reproductive health; and
10.prevention and treatment
of infertility and sexual dysfunction.
f) Responsible parenthood -the will and
the ability to respond to the needs and aspirations of the family and children
g) Family planning -that which enables
couples and individuals to decide freely and responsibly the number and spacing
of their children and to have the information and means to do so, and to have
informed choice and access to a full range of safe and effective family
planning methods, provided that abortion is not included as a family planning
method.
h) Adolescent sexuality -refers to the
reproductive system; gender identity, values or beliefs, emotions,
relationships and sexual behavior of young people as social beings. Adolescence
refers to a life stage and pertains to people aged between 10-19.
i) Male involvement and pavticipation
-refers to the involvement, participation commitment and joint responsibility
of men with women in all areas of sexual and reproductive health, as well as
the care of reproductive health concerns specific to men.
j) Reproductive tract infection (RTI)
-includes sexually transmitted infections, sexually transmitted diseases and
other types of infections affecting the reproductive system.
Sec 5. Reproductive Health Care Program. -A Reproductive Health Care Program shall:
a) Undertake programs and services
towards educating people of their reproductive health and rights and increasing
their access throughout their life to appropriate, affordable and quality reproductive
health care, information and related services;
b) Provide accurate information and
education and counseling regardless of marital status, sex and age on the full
range of legal and medically-safe family planning methods that include the
relative benefits and risks of each method;
c) Provide maternal, peri-natal, and
post-natal education, care and services;
d) Develop and implement specific
services that promote male involvement, participation and responsibility in
reproductive health as well as other reproductive health concerns of men;
e) Undertake programs for the
prevention of abortion and management of post-abortion complications. The
government, through the Department of Health and other concerned government
units and agencies, shall take appropriate steps to help women avoid abortion
such as the conduct of education programs on preventing unintended pregnancies
and ensuring access to quality family planning methods; the prevention of
sexual violence on women and girl-children; and provision of social support to
indigent women. While nothing in this Act changes the law on abortion, the
government shall ensure that women seeking care for post-abortion complications
shall be treated and counseled in a humane, non-judgmental and compassionate
manner:
f) Develop and undertake reproductive
health programs for adolescents including information that will enable them to
understand their sexuality and sexual responsibility. These shall include
education on gender roles and values. Further, the program shall provide access
to maternal health care, including pre-natal, peri-natal and post-natal care
and services for pregnant adolescents; and services geared towards the special
reproductive health needs of adolescents including the marginalized, street
children, sexually abused children, the differently-abled persons, and
out-of-school youth;
g) Undertake programs and services for
the treatment of diseases of male and female reproductive systems, HIV /AIDS
and other STIs, breast cancer and other gynecological disorders;
h) Undertake programs and services for
the prevention and treatment of reproductive tract infections, HIV/AIDS and
other STIs, breast cancer, prostate cancer and other gynecological disorders;
i) Provide education and information on
human sexuality and responsible parenthood in schools, workplaces and
communities;
j) Provide information and services
addressing the reproductive health needs of the marginalized, older persons,
women in prostitution, the differently-abled persons; and women and children in
war crisis situations; and
k) Ensure that reproductive health
services have adequate and a full range of supplies, facilities and equipment
and that service,providers are fully trained for reproductive health care.
Sec. 6. The Reproductive Health Management Council (RHMC)).- A Reproductive Health Management Council (RHMC) shall be established in the Department of Health. The RHMC shall be the central advisory, planning and policy-making body for the comprehensive and integrated implementation of all reproductive health care programs and services in the country.
The RHMC shall have the following
functions and responsibilities:
a) Formulate an
integrated national policy and program on reproductive health that shall be
implemented in the DOH-retained hospitals, the local government unit-managed
health facilities, other health-related facilities operated by government
organizations, as well as health facilities and services operated and managed
by the private sector, NGOs and other civil society organizations that may opt
to participate in implementing said policy;
b) Review national
and local laws and policies that infringe on the sexual and reproductive health
and rights of all individuals and couples and ,recommend to appropriate executive
and/or legislative bodies the amendment and/or repeal of such laws and
policies;
c) Strengthen the
capacities of health regulatory agencies to ensure safe, high-quality, and
accessible, and affordable reproductive health services and commodities with
the concurrent strengthening and enforcement of regulatory mandates and
mechanisms;
d) Take active steps
to expand the coverage of the National Health Insurance Program WHIP),
especially among the poor and marginalized women, to include the full range of
sexual and reproductive health services, commodities and supplies as health
insurance benefits; and
e) Promote the
involvement and participation of and provide actual policy, program and
financial support to NGOs in reproductive health care and service delivery and
in the production, distribution and delivery of high-quality reproductive
health and family planning supplies and commodities to make them accessible and
affordable to ordinary citizens.
The RHMC shall be composed of the
secretary of health as the chairperson and shall have the following as members:
a) Secretary,
Department of Social Welfare and Development;
b) Secretary,
Department of Interior and Local Government;
c) Secretary,
Department of Labor and Employment;
d) Secretary,
Department of Education;
e) Lead convener,
National Anti-Poverty Commission;
f) Chairperson,
Commission on Population;
g) Chairperson,
National Commission on the Role of Filipino Women;
h) Chairperson,
National Youth Council;
i) Chairperson,
Commission on Higher Education;
j) Two
representatives of local government units to be nominated in a process
determined by all the leagues of local government units, and to be appointed by
the President for a term of three (3) years; and
k) Three (3)
representatives from NGOS, who shall be composed of one (1) representative each
from among the sectors representing women, youth and health, with a proven
track record of involvement in the promotion of reproductive health. These
representatives shall be nominated in a process determined by the
above-mentioned sectors, and to be appointed by the President for a term of
three (3) years.
The members of the council may
designate their permanent representative, who shall have a rank not lower than
an assistant secretary or its equivalent to meetings, and shall receive
emoluments as may be determined by the council in accordance with existing
budget and accounting rules and regulations.
The equivalent of RHMC in the local
government units shall be the existing special bodies/agencies on population
and reproductive health. These special bodies/agencies shall coordinate with
the local health board to ensure the efficient implementation of the local
reproductive health program. In the ahence of these special bodies/agencies,
the Local Health Board, which shall assume the functions of the local RHMC,
shall be expanded to include the following as members:
a) Population
Officer;
b) Social Welfare and
Development Officer; and
c) Three (3)
representatives hom NGOs who shall be composed of one (1) representative each
from among the sectors representing women, youth and health.
In both cases, the local RHMC shall
have the same hctions and responsibilities of the RHMC as they pertain to their
jurisdictions.
Sec. 7. Prohibited Acts. -The following acts are prohibited:
a) Any healthcare service provider,
whether public or private, who shall:
1. Knowingly withhold
information, or restrict the dissemination thereof, and/or intentionally
provide incorrect information regarding programs and services on reproductive
health including the right to informed choice and access to a full range of
legal, medically-safe and effective family planning methods;
2. Refuse to perform
voluntary sterilizations and other legal and medically-safe reproductive
healthcare and services on any person of legal age on the ground of lack of
third party consent or authorization, provided that in the case of abused
minors as certified to by the Department of Social Welfare and Development, and
pregnant minors, no prior parental consent shall be necessary;
3. Fail or cause to
fail deliberately, or through gross negligence, or inexcusable neglect, the
delivery of reproductive healthcare and services as mandated under this Act,
the Local Government Code of 1991, the Labor Code, and Presidential Decree 79,
as amended; and
4. Refuse to extend
quality healthcare services and information on account of the person’s marital
status, gender or sexual orientation, age, religion, personal circumstances,
and nature of work, provided that, all conscientious objections of healthcare
service providers based on ethical and religious grounds shall be respected;
however, the conscientious objector shall immediately refer the person seeking
such care and services to another healthcare service provider within the same
facility or one which is conveniently accessible; provided further that the
person is not in an emergency condition or serious case as defined in RA 8344
penalizing the refusal of hospitals and medical clinics to administer
appropriate initial medical treatment and support in emergency and serious
cases.
b) Any public official at both the
national and local levels with power and authority over any subordinate who
shall prohibit or intentionally restrict legal and medically-safe reproductive
healthcare and services, including family planning.
Sec. 8. Penalties. -Any violation of this act shall be penalized by imprisonment ranging from one (1) month to six (6)months or imposed a fine of Twenty Thousand Pesos (P20,000.00) or both such fine and imprisonment at the discretion of the court, provided that if the offender is a public official, dhe shall also be administratively liable.
Sec. 9. Reporting Requirements. -Before the end of April each year, the DOH shall submit an annual report to the President of the Philippines. The report shall provide a definitive and comprehensive assessment of the implementation of its programs and those of other Government agencies and instrumentalities, civil society and the private sector and recommend appropriate priorities for executive and legislative actions. The report shall be printed and distributed to all national agencies, the LGUs, civil society and the private sector involved in said programs.
The annual report shall evaluate the
content, implementation, and impact of all policies related to reproductive
health, and family planning to ensure that such policies promote, protect and
fulfill women's reproductive health and rights.
Sec. 10. Appropriations. -An initial allocation of Fifty Million Pesos (P50,000,000.00) shall be included in the General Appropriations to support the policies and objectives under this Act. Upon creation and establishment of the Reproductive Health Management Council, the DOH shall consolidate any surplus funds from previous years and/or existing budgets pertaining to reproductive health and family planning services into the RHMC. Congress shall provide subsequent appropriations in the annual budget of the Department of Health under the General Appropriations Act.
Sec. 11. Separability Clause. -If any part, section or provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall remain in force and effect.
Sec. 12. Repealing Clause. All other laws, decrees, orders, issuances, rules and regulations which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
Sec.. 13. Effectivity. -This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspapers of general circulation.
Approved,
--oOo—
THIRTEENTH CONGRESS OF THE REPUBLIC
OF THE PHILIPPINES
First Regular Session
SENATE BILL No. 1280
Introduced By Senator Rodolfo G. Biazon
EXPLANATORY
NOTE
The 1987 Philippine Constitution
guarantee? for every human person full respect for human rights (Art. 2, See.
11). It commits the State to protect and promote the right to health of the
people and to instill health consciousness among them (Art. 2, Sec. 15). It
further directs the State to adopt an integrated and comprehensive approach to
health development which shall endeavor to make essential goods, health and
other social services available to all the people at affordable cost, giving
priority for the needs of the underprivileged, sick, elderly, disabled, women,
and children (Art. 8, See. 11).
Moreover, the fundamental law of the
land gives due cognizance to the particular needs of women for gender equality
(Art. 2, See. 14);of the youth to enjoy protection of their physical, moral,
spiritual, intellectual, and social well-being (Art. 2 See. 13); and of spouses
to found a family in accordance with their religious convictions and the
demands of responsible parenthood (Art. 15, Sec. 14).
But these commitments to human rights,
health, women's empowerment, youth well being, and responsible parenthood
resonate with a discordant note, especially in view of current reproductive
health realities:
Maternal, Infant and Child Health. The country still
pegs a high maternal mortality rate of 172 deaths per 100,000 live births, an
infant mortality rate of 29 deaths per 1,000 live births, and an under-five
mortality rate of 40 deaths per 1,000 live births (2004 UNFPA and 2003 NDHS).
The State of the Philippine Population Report 2000, published by the Population
Commission (Popcorn) and the United Nations Population Fund (UNFPA) reveals
that 10 women die every 24 hours in the country from causes related to
pregnancy and childbirth. The 1998 NDHS fnrther reports that over 60 percent of
all pregnancies in the country are considered high-risk. Data collected by the
Department of Health (DOH) show that most maternal deaths are due to
hemorrhage, hypertension and complications from sepsis or widespread infection,
obstructed labor, and complications arising from abortion. High incidence of
high-risk births, inadequate prenatal care, and lack of information and means
to manage complications in difficult pregnancies account for much of the
increased risks of dying during pregnancy and childbirth.
Family Planning. Survey results
continue to show high unmet need for family planning. Based on the 1998 NDHS,
actual total fertility rate (TFR) of 3.7 is higher than wanted fertility rate
of 2.7. This means that Filipino couples have one more child than they would
have wanted (2002 Family Planning Survey, NSO). Unmet need for contraception
(for limiting and spacing births) remains high. About 9 percent of currently mamied
women who want to space births and 11 percent of women who want no more
children are not practicing contraception. Further analysis of national survey
data dating from 1968 reveals that the problem revolves around lack of
information and access to high-quality family planning services.
At 49 percent, the Philippines’
contraceptive prevalence rate is low compared to other Asian countries. Seventy
(70) percent of contraceptive users in the country depend on the government for
their supply of contraceptives (2002 Family Planning Survey, NSO). With the
total phase out in the last quarter of 2004 of contraceptive donations from the
US., problems related to accessibility and affordability of various
contraceptives and other reproductive health services by the poor who are
completely dependent on the free services and supplies provided by public
health facilities are to be expected. Donations from the U.S. account for 80
percent of contraceptive supplies in the Philippines.
Abortion Incidence and Post-abortion
Complications.
Although illegal, studies conducted by the Up Population Institute (UPPI)
estimates the number of abortions in the Philippines at 400,000 cases annually,
with teenagers accounting for 17 percent of these cases, (Perez et al., 1997).
Data from private and public hospitals accredited by the Philippine Obstetrics
and Gynecology Society (POGS) show that on the average, abortions comprise 10
percent of all OB-Gynecology admissions in a year. DOH records account 12% of
all maternal deaths in 1994 due to complications related to abortion, making it
the fourth leading cause of maternal deaths in the country.
Violence Against Women (VAW). Domestic violence
remains a major social concern that particularly affects women. According to
the 1993 Safe Motherhood Suwey (SMS), one woman out of 10 experiences physical
abuse even while pregnant. Other common forms of VAW are rape and acts of
lasciviousness. About 3 percent of SMS survey respondents said they were
physically forced to have sex with a man. Of these, more than 60 percent did
not seek help, and most were women in younger age groups (POPCOM 20019. In
2003, there are 7, 203 cases on violence against women that are reported to the
Philippine National Police (PNP). The top three cases include: physical
violence/wife battering (4,296), rape (1,045), and acts of lasciviousness (646)
(NSCB, 2003).
Adolescent and Youth Health. The Young
Adolescent Fertility and Sexuality Survey 111 (YAFSS 111) conducted by the WPI
in 2002 show a fairly high incidence of reproductive health problems and sexual
activity among the young. However, the youth generally, do not seek medical
help for their reproductive health problems.
Further, YAFSS I11 showed that about 23
percent of the young people (15-24 years old) are reported to have had
pre-marital sex experiences. Almost all (94 percent) who already had sex said
they were unwilling and unprepared to become parents. Furthermore, 40% of the
first premarital sex experiences are without contraception. But a more alarming
finding shows that even succeeding sexual episodes were likewise unprotected.
Nearly 70 percent and 68 percent of last sex episodes among women and men,
respectively are not protected. This heightens the risk of pregnancy among
young women as well as risk in contracting sexually transmitted diseases among
young persons. It must be noted that maternal mortality rate among pregnant
adolescents is 2-4 times greater than for women over age 20. Infant mortality
rate is also 30 percent higher for infants born to mothers ages 15-19 than for
those women 20 years and older.
Access to accurate and appropriate
information and services on the many aspects of sexual behavior, reproductive
health, and sexuality assumes greater importance for this sector in light of
findings that indicate an increase in risky behavior and practices among a
significant segment of the youth population.
Infertility and Sexual Dysfunction. There has been
little or no service available to infertile couples in the country. Services
for infertility are provided only by a few training hospitals in the country.
Data on infertility reveals that 10% to 15% of couples are not able to conceive
after a year of unprotected, adequately timed intercourse (WHO, 1986). About 2%
of women are considered infected (1998 NDHS and 1993 NSMS, as cited in Popcorn
2001), while there is no data at all for infertile men. Infertile couples,
particularly in rural areas, resort to traditional rituals and use of herbal
medicines,
Reproductive Tract Infectious, Sexually
Transmitted Diseases, Reproductive Tract Cancers and Other Gynecological
Conditions.
The rate of genital tract infections in women, including sexually transmitted
infections (STIs) and AIDS is on the rise. This is also the case with cancers
of the reproductive system particularly breast, cervical and uterine cancers.
Urgent action is particularly needed in
the area of HIV-AIDS prevention and management, as risky patterns of sexual
behavior and sociocultural conditions could very well precipitate an AIDS
epidemic. Philippine epidemiologists estimate the actual number of HIV cases at
between a low of 5,000 to a high of 13,000 (NEDA, 2003). AS reported by NEDA
(2003), the potentials for a full-blown epidemic, however, continue to exist.
Thus, the country cannot be complacent on this.
As of May 2001, the HIV/AIDS registry
of the country confirmed 766 cases of HIV seropositive children and youth -with
6 percent belonging to the 10-19 age group and 90 percent in the 20-29 bracket.
The risk of exposure to AIDS and other sexually transmitted diseases is greater
for young people who become sexually active early and, therefore, more likely
to change sexual partners (UPPI, 1994). Condom use among the young is still
very low while intercourse with commercial sex workers is on the rise. Among
the youth with commercial sex experiences, only 30% had ever used a condom.
Furthermore, there is a low level of awareness about HIV/AIDS among the youth,
Twenty-three (23) percent of the youth think that AIDS is curable and 60
percent believe that there is no chance for them to contract HIV/AIDS. There is
no significant difference between boys and girls in this perception. (Raymundo,
2002).
Male Reproductive Health Disorders,
Involvement and Participation. Cases of testicular and prostate
cancers among men, which is the leading cause of cancer deaths in men 20-35
years old and the second most common cancer in men, respectively (Philippine
Statistics, 1990-1995) are increasingly becoming a cause for concern. Incidence
of prostate cancer has been increasing from 12.5 per 100,000males in the period
1980-1982, to 19.6 per 100,000 males in 1993-1995. Other male RH concerns are
sexual dysfunctions such as impotence, premature ejaculation, and erectile
dysfunctions. T here is also a need to strengthen reproductive health programs
for men that deal with their participation in household responsibilities and in
promoting their own, as well as women’s health.
Counseling and Education io Sexuality
and Sexual Health.
The poor reproductive health situation is aggravated by large and significant
sections of the population who are unaware or misinformed on the nature and
proper interventions to address reproductive health problems and issues.
Delegates of the 2001 Regional Youth Summits cited reproductive health as one
of the most neglected areas in survival and development, perceiving a definite
problem in the way the reproductive health of the youth has been handled. They
also cite lack of awareness or information and education among their ranks
about reproductive health issues. Foregoing data also indicate the same
problems pertaining to access to information, education and counseling services
on family planning, domestic violence and other reproductive health concerns.
Under these conditions, appropriate and
immediate responses addressing the Filipino people’s reproductive health and
rights becomes imperative. This bill was conceptualized with this goal in mind.
It particularly seeks to establish a Reproductive Health Care Program
that recognizes women’s rights and gender equality, and ensures universal
access to reproductive health information, education, and services.
Comprehensive reproductive health care includes measures that promote safe
motherhood, care for persons with HIV/AIDS and other STIs, infertility
treatments, and encouragement of male involvement in reproductive health. It
further includes the recognition of the right of all individuals and couples to
determine freely and responsibly the number, spacing and timing of their
children. Government should strengthen the prevention of unwanted pregnancies
through access to services and through information and education on the full
range of family planning methods that couples could use in accordance with their
religious, moral, and cultural convictions, and with the demands of responsible
parenthood.
The right to reproductive health care
is protected under the international human rights instruments such as the
Universal Declaration of Human Rights and the International Covenant on Civil
and Political Rights, the Women’s Convention, the International Conference on
Population and Development (ICPD) Programme of Action (POA), and the Fourth
World Conference on Women Platform for Action, among others.
The Convention on the Elimination of
All Forms of Discrimination Against Women provides that State Parties must take
"appropriate measures to eliminate discrimination against women in the
field of health care in order to ensure, on a basis of equality of men and
women, access to health care services, including those related to family
planning."
The United Nations’ Committee on the
Elimination of Discrimination Against Women (CEDAW), the body that monitors
compliance with the Women’s Convention, declared under its General
Recommendation on Women and Health, that State Parties should "ensure
universal access for all women to a full range of high-quality and affordable
health care, including sexual and reproductive health services."
To reaffirm and pursue decisively the commitments
reached at global conferences of the 1990s, member-states of the United Nations
met in September 2000 and came up with a Millennium Declaration. The
declaration embodies specific targets and milestones in eliminating extreme
poverty worldwide as well as working for healthy nations. The Millennium
Declaration contains 8 Millennium Development Goals (MDGs), which are set
within 2015. Three of the MDGs are reproductive health related, namely: Goal
4.Reduce child mortality; Goal 5. Improve Women’s Reproductive Health; and Goal
6.Combat HIV/AIDS, Malaria and Other Diseases.
The Philippine government, being member
and signatory to these instruments and instrumentalities, is duty-bound to
protect the reproductive health and rights of all Filipinos, protect the
citizenry’s life and health through access to health care and services, and
elevate the role and status of women as able and responsible agents of social
and economic development.
Situating the Filipino people’s
reproductive health within the context of poverty, gender inequality and the
state of the health care system, the Philippine Government needs to strengthen
the country’s policy and programs on reproductive health care, otherwise women
and children will continue to die, or suffer life-long effects, from what could
have been preventable circumstances.
Having recognized the critical national
reproductive health situation, the increasing demand of Filipino parents,
couples, women, men and young adolescents themselves, as well as the policy
gaps and the Philippine government’s responsibility to address these, the
immediate passage of this bill is earnestly sought.
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