and support for the law remains uneven. The Inquiry has shown the varying degrees of
support for the RPRH from different LGUs, ranging from full support to outright refusal.
The Inquiry has likewise shown how this is linked to decentralization and the autonomy
of LGUs, and the limits set on the mandate of the DOH in the delivery of RH information
and services.
Aside from the uneven support in the implementation of the RPRH law and how it
resulted in the fragmented delivery of RH services, the Commission was also able to
identify existing discriminatory policies and legal barriers in the enjoyment of women’s
right to reproductive health under CEDAW. These discriminatory policies and legal
barriers render marginalized women more vulnerable in their access to RH services.
The National Inquiry also found that health service providers continue to face
barriers and challenges in the implementation of the RPRH and that women from
marginalized sector continue to complain of different barriers in accessing RH services
and information as responses remain lacking or inadequate, and unable to give due
consideration to the intersectional vulnerabilities of women from marginalized sectors
and in specific vulnerable situations.
While good practices are in place, and the Commission specifically commends the
work being undertaken by the National and Regional Implementation Team on RH, the
National Inquiry points to areas where responses have to be strengthened in order for
the State to comply with its State obligations under CEDAW, and the promises of the
RPRH law.
The Commission recalls CEDAW and its GR 24 on health, where it is clear on what
constitutes State obligation when it comes to reproductive health.
The Convention burdens the State with the obligation of eliminating
discrimination against women in their access to health care services, throughout their life
cycle particularly in the areas of family planning 20. General Recommendation 24 reminds
the State of its obligation to respect, protect, and fulfil women’s right to health care,
including reproductive health, and the concurrent obligation to ensure that legislation,
executive action, and policy comply with these three obligations 21. For the fulfilment of
its obligations under CEDAW, GR 24 further recommends that state parties “should
implement a comprehensive national strategy to promote women’s health throughout their
20
21
GR 24, p.2
GR 24, p.12
35