INTRODUCTION AND RATIONALE OF THE INQUIRY
The Philippines signed and ratified in 1981 the Convention on the Elimination of all Forms
of Discrimination Against Women (CEDAW). Since then, various legislations recognizing,
affirming and promoting women’s human rights were enacted. Recently, two groundbreaking laws were passed, the Magna Carta of Women (MCW) and the Responsible
Parenthood and Reproductive Health Law (RPRH).
Despite the various progressive laws, women in the Philippines continue to face significant
challenges and discrimination. In the area of reproductive health, the Philippines has one of
the highest rates of maternal mortality in the Asia and the Pacific Region at 120 deaths per
100,000 live births1, and is off-track to achieve the Millennium Development Goal 5. The
CEDAW Committee, in its 36th session in 2006, expressed concern over this, noting the
number of deaths resulting from induced abortion, high fertility rates, inadequate family
planning services, low rates of contraceptive use, and the difficulties of obtaining
contraceptives. It also noted the lack of sex education especially in rural areas, and expressed
concern over the high rate of teenage pregnancies. Hence, in its list of issues, the CEDAW
Committee has dedicated a substantial portion on health, particularly on how the State has
taken adequate measures to “ensure access to health services for all women, in particular
rural women, women with disabilities, indigenous women and Muslim women”.
While the passage of the RPRH law was a significant step towards the promotion of
reproductive health rights, its implementation continues to face obstacles. The
constitutionality of the law was immediately challenged upon its passage, and while the
Supreme Court upheld its constitutionality, a Temporary Restraining Order (TRO) was
issued in June 2015 on the procurement of contraceptives and on the dispensation and
administration of implants and implant NXT. To date, the TRO has not been lifted. In addition,
the 2016 DOH budget amounting to one billion pesos for contraceptives was removed during
the deliberations of the Senate and House of Representatives bicameral conference
committee. In the local government, an Ordinance criminalizing the dispensation of family
planning commodities is pending in the City Council of Sorsogon. The City Mayor issued in
February of 2015 a “pro-life” resolution and contraceptives were pulled out from health
centers depriving women of reproductive health services.
This July, the Philippines will once again be under review by the CEDAW Committee for its
sixth and seventh consolidated report. For this July 2016 review, the Commission on Human
Rights intends to submit its independent report. As a National Human Rights Institution
(NHRI), the Commission monitors the compliance of the State with its treaty obligations,
including CEDAW. As Gender Ombud under the Magna Carta of Women, the Commission
likewise monitors the implementation of the MCW and other related laws on women like the
RPRH Law.
1
UNDP. 2015. Human Development Report. Comparative data shows an average of 72 deaths per 100,000 live births
for East Asia and the Pacific Region.
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