15th Congress - Senate Bill 2378 (Sen. Miriam Defensor Santiago)

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FIFTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
First Regular Session )

SENATE S.B. 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.

MIRIAM DEFENSOR SANTIAGO

^1. Committee on the Elimination of Discrimination against Women, General Recommendations Made by the Committee on the Elimination of Discrimination Against Women, General Recommendation No. 24, para. 31 (c), available at http://www.un.org/womenwatch/daw/cedaw/recommendations/recomm.htm.