GENDER OMBUD REPORT 2016
the rights of conscientious objectors in refusing to
refer cases or clients which are not in emergency
cases; (b) upheld the requirement of parental
consent for minors in accessing reproductive health
commodities and operations; (c) affirmed spousal
consent for reproductive health (RH) operations
which are not emergency in nature; and (d) removed
penalties for public officers who refuse to implement
the law invoking conscientious objection.
The SC’s decision has been invoked by
Sorsogon City Mayor Sally Lee as the basis for
refusing to dispense artificial contraceptives and in
declaring Sorsogon a “Pro-Life” City. It also inspired
a subsequent legal challenge which resulted in the
issuance of a temporary restraining order (TRO) on
distributing identified contraceptives, specifically
Implanon and Implanon NXT. In August 2016, this
TRO was expanded to include all contraceptives
when the SC directed the Food and Drug Authority
(FDA) to conduct investigations on and hear
oppositions to other forms of contraceptives.
This is viewed to result to a halt in contraceptive
supplies in two to three years by the Department
of Health (DOH) and the Population Commission
(POPCOM).
The situation put the fulfillment of women’s
human rights on a precarious balance, specifically
their enjoyment of reproductive and health rights
contained in the CEDAW and the ICESCR, and
stipulated in the MCW and the RPRH law. In
response, the DOH together with the Office of the
Solicitor General filed a Motion for Reconsideration
of the TRO. Various RH advocates also gathered to
strategize on countering and raise public awareness
on the TRO. In November 2016, the CHR, in
partnership with Likhaan Center for Women,
launched the report on the National Inquiry on
RH and conducted a forum to discuss the Supreme
Court TRO and its implications.
CONTINUUM OF GENDERBASED VIOLENCE
8
From January to October of 2016, the
Philippine National Police Women Children
Protection Center (PNP-WCPC) received a total
of 34, 880 cases of violence against women (VAW).
A large majority of the cases received involved
violations of the R.A. 9262 (30, 038 cases or 86.12%),
followed by acts of lasciviousness (1, 713 or 4.91%)
and rape (1, 585 or 4.54%)
Of the violations of the Anti-VAWC law,
physical violence is the most prevalent (20,193 cases
or 67.22%), followed by psychological violence (7,559
cases or 25.16%), and economic abuse (2,153 cases or
7.17%). The most number of VAWC cases were filed
in Region 11 (5,765), followed by Region VI (3,027)
and Region XVIII (2,611). The region with the least
number of reported cases is ARMM (116).
In cases of rape, the highest number of
reported cases was in Region IV-A (241), followed by
NCR (176), and Region III (128); the lowest number
of reported cases is in ARMM (5).
While the CHR notes that the rising number
of VAW cases is indicative of more women coming
out to report violations of their rights, there is still
underreporting in some regions due to socio-cultural
factors. The CHR and CSOs also raised the lack of
government disaggregation of VAW cases according
to specific populations of women (i.e., indigenous
peoples, people with disabilities, urban poor, migrant
women), and their contexts (e.g. VAW in armed
conflict or disaster situations) in their reports to the
CEDAW Committee.
Crimes committed against LGBTI’s also
remain untracked by the PNP-WCPC. The CHR
received complaints and investigated four cases of
killings involving transpeople as victims. It also
monitored seven (7) other cases of LGBTI killings
from media and CSOs’ reports in 2016. These will be
veified by its concerened regional offices.