distances to go to the health facilities for fear of imprisonment. In the submission of Lilak
Purple Action for Women, they forwarded the declaration of Indigenous women
denouncing the continued adoption of ordinances penalizing home births and calling for
respect of the traditional birthing practices of Indigenous women. A Council of Elders in
Bukidnon likewise issued a resolution calling for the repeal of the Provincial Ordinance
penalizing home births as being discriminatory to IP women. During the course of the fact
finding and public hearing, the Commission were informed of ordinances penalizing
home births in Marikina City, Quezon City, Brooke’s Point Palawan, Midsalip, Midsayap,
Province of Bukidnon, Municipality of Minalin Pampanga, Mac Arthur Leyte, Sultan
Kudarat, Talisay City Cebu, Dingle and Estancia, Ilo-ilo. Aside from the twelve (12)
identified by the Commission, there is a strong possibility that more of these ordinances
exist.
The situation, however, is far from simple. Together with the complaints of
criminalization and penalization of traditional and indigenous birth attendants, the
Commission also received submissions showing the dangers posed by delayed referral or
outright refusal to resort to facility based delivery and also accounts of the dangers posed
by unskilled birth attendants. In a study 17 submitted by Likhaan Center for Women on
access to emergency obstetric care among urban poor in Malabon, key causes of maternal
deaths were identified. The causes of maternal deaths include significant delays in
seeking medical care (“the first delay”) and the harmful practices of traditional birth
attendants (TBAs). They also noted that women with obstetric complications faced
serious barriers at the admissions process of tertiary government hospitals, once
admitted, however, most managed to get life-saving interventions. Likhaan Center for
Women thus recommends the need to place greater focus on addressing the “first delay”
and preventing harmful practices by unskilled birth attendants.
To be consistent with its obligation under CEDAW, the State must review and the
soonest repeal discriminatory policies which restrict, pose as barriers to women’s access
to RH services and information. In the same vein, serious consideration must be accorded
Likhaan Center for Women. A Report on the Project “Investigating Responses to Obstetric
Complications and Access to Emergency Obstetric Care Among Urban Poor Women in Malabon,
Philippines”
17
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