CHR Finds Manila Contraceptives Ban Discriminatory to Women

The Commission on Human Rights (CHR), in a decision dated 7 October 2010, declared Manila's ongoing ban on artificial contraceptives a violation of non-discrimination provisions of both the Magna Carta of Women (RA 9710) and the CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women). The CHR noted that under the Magna Carta, the state commits to refrain from acts discriminatory to women; recognizes women's right to health "which includes access to comprehensive health services, and health information and education"; and that rights under international instruments duly signed and ratified by the Philippines, "including the number and spacing of children under the Women's convention" can be exercised or accessed by all Filipino women. After pointing out that the country's Magna Carta law mandates compliance with CEDAW, the CHR unequivocally stated that the City of Manila committed "clear breaches of CEDAW obligation."

The Manila city government ban on artificial contraceptives in all health centers and hospitals under its control started in 2000 when then Mayor Lito Atienza isssued Executive Order 003. The policy's severe consequences on the health and socio-economic wellbeing of poor women and families in Manila was documented by Likhaan, ReproCen and CRR in the 2007 report Imposing Misery: The Impact of Manila’s Ban on Contraception. Despite the report, the administration of current Mayor Alfredo Lim (elected in 2007 and reelected in 2010) has refused to restore contraceptive services and supplies in the city's health facilities. In 2008, 20 Manila residents led by Lourdes Osil filed cases in court to have the policy overturned. The case is still unresolved at a Manila regional trial court. In August 2010, several of the Manila petitioners together with counsels led by ReproCen head Atty. Elizabeth Aguiling-Pangalangan and a support network led by Likhaan Executive Director Junice Demeterio Melgar met and discussed the Manila policy with new CHR Chairperson Loretta "Etta" Rosales.

The CHR Advisory made the following five recommendations directed at the government of Manila, all other local government units and the regional trial court handling the Osil case:

1. The City of Manila should undertake to encourage private health care providers, hospitals and health centers, to make available for puchase, birth control pills, condoms, injectibles, and intrauteine device.
2. The City of Manila should issue an Apology to the Osil group, to all women and men alike who have been denied access to facilities and services as a result of the Executive Order, and to children of the families affected.
3. All local government units (LGUs) are encourage to develop or strengthen advocacy programmes on reproductive and sexual health rights, and make available in health centers or municipal health clinics, birth control pills, condoms, injectibles, and intrauterine device. LGUs are likewise advised to develop or strengthen human rights education particularly on the rights of women in the CEDAW, for all their constituents.
4. The regional trial court where the Petition of the Osil Group has been remanded, is strongly encouraged to refer and consider the obligations of the state in international treaties, and its commitments in regional cooperation particularly to the ASEAN.
5. The City Council of Manila should immediately revoke EO 003, and ensure that artificial birth control devices, including birth control pills and injectibles be made available to all adult citizens who are residents within its jurisdiction, in health centers and hospitals.

The full text of the CHR Advisory can be downloaded here (PDF 1.5 MB), and a letter of CHR to Manila Mayor Alfredo Lim can be downloaded here (PDF 580 KB).