WUNRN
Philippine Supreme Court Upholds Historic Reproductive Health
Law
Millions of Filipinos
will finally have universal, free access to contraception and expanded
reproductive health education
04/08/2014—(PRESS RELEASE) After
more than a year deliberating the constitutionality of the country’s historic
Reproductive Health Law passed in 2012, the Philippine Supreme Court has upheld
the law.
The Responsible Parenthood and Reproductive Health Act of 2012,
known as the RH Law, is a groundbreaking law that guarantees universal and free
access to nearly all modern contraceptives for all citizens, including
impoverished communities, at government health centers. The law also mandates
reproductive health education in government schools and recognizes a woman's
right to post-abortion care as part of the right to reproductive healthcare.
“With universal and free access to modern contraception,
millions of Filipino women will finally be able to regain control of their
fertility, health, and lives,” said Nancy Northup,
president and CEO at the Center for Reproductive Rights. “The Reproductive Health Law is a
historic step forward for all women in the Philippines, empowering them to make
their own decisions about their health and families and participate more fully
and equally in their society.”
President Benigno S. Aquino III signed the RH Law in
December 2012, which was immediately challenged in court by various
conservative Catholic groups. On March 19, the Supreme Court issued a status
quo ante order for 120 days that was later extended indefinitely, halting the
RH Law from going into effect. Fourteen petitions questioning the
constitutionality of the law on the grounds that it violated a range of rights,
including freedom of religion and speech, were consolidated for oral arguments
that began on July 9, 2013 that continued through August 2013.
In today's decision the Supreme Court struck down a number of
provisions in the RH Law. Health care providers will be able to deny
reproductive health services to patients based on their personal or religious
beliefs in non-emergency situations. Spousal consent for women in non
life-threatening circumstances will be required to access reproductive health
care. Parental consent will also be required for minors seeking medical
attention who have been pregnant or had a miscarriage. Petitioners in the case
will now have 15 days to appeal the Supreme Court decision.
“While it’s concerning that certain provisions in the
Reproductive Health Law were struck down, the Supreme Court has put women first
and now the benefits of this law can finally become a reality for millions of
Filipinos,” said Melissa Upreti, regional director for Asia at the Center. “Women have waited long enough
for the reproductive health services and information they deserve, and the
government must now move quickly to implement all the necessary policies and
programs without delay.”
Around the world, the unmet need for safe and effective
contraceptive services is staggering: roughly 222 million women in developing
countries who want to avoid pregnancy rely on traditional contraceptives, such
as the rhythm method, with high failure rates or do not use a contraceptive
method at all.
The Filipino government’s long-standing hostility towards modern
contraception has contributed to 4,500 women dying from pregnancy
complications, 800,000 unintended births and 475,000 illegal abortions each
year.
The Center for Reproductive Rights has worked on reproductive
health issues throughout Asia, with major campaigns addressing issues ranging
from maternal mortality in India to access to modern contraception in the Philippines.
In Manila, the
Center has documented the human rights violations that stem from an executive
order that effectively bans access to modern contraceptives and that prevents
women from protecting their health and exercising reproductive autonomy.
In March 2011, the Center and UNFPA released the joint briefing
paper, The Right to
Contraceptive Information and Services for Women and Adolescents,
demonstrating how access to family planning information and services is a
fundamental human right that States are obligated to actively respect, protect,
and fulfill.
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