GENDER OMBUD REPORT 2016
separate allowance. In other areas, the allowance
of BHWs is paid in a quarterly basis and the
amount is almost negligible.
Another challenge for health service
providers is the lack of or inadequate support.
There are accounts bout health workers who are
overworked and underpaid, with some forced
to work under conditions that threaten their
physical security. Many Barangay Health Stations
and RHUs and some municipal and provincial
health facilities have insufficient supplies that
prevent health workers and health service
providers from performing their job effectively.
The question of salary and regularization of
health service providers and health workers also
are indicative of the lack or inadequate support.
NATIONAL INQUIRY
CONCLUSIONS
The National Inquiry which ran from March
to May 2016 attempted to provide a grounded
analysis of women’s enjoyment of reproductive health
and rights as provided under CEDAW, the MCW,
and the RPRH law. While the National Inquiry
covered 15 regional consultations and five factfinding and public hearings, the results are limited to
the participants consulted and interviewed, and the
facilities visited.
As presented, the National Inquiry has shown
that despite the passage of the RPRH law, and despite
of the decision of Imbong vs. Ochoa which upheld
the law’s constitutionality, the implementation and
support for the law remains uneven, often because
of the large leeway given to agencies and LGUs
to interpret and operationalize its provisions. 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
40
services.
Aside from the uneven support in
the implementation of the RPRH law and the
fragmented delivery of RH services, the CHR was
also able to identify existing discriminatory policies
and legal barriers in the enjoyment of women’s right
to reproductive health under CEDAW.
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 sectors continue
to hurdle barriers in accessing RH services and
information. Advocates are also critical of the ack
of attention of the intersectional vulnerabilities of
women arsing from their identities and specific
contexts in addressing the issue.
The CHR recalls the CEDAW and its GR
24 on health, which contain the State obligation to
ensure the provisions for reproductive health. GR 24
reminds the State of its obligation to respect, protect,
and fulfill 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.42 For
the fulfillment 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 lifespan.
This will include interventions aimed at both the
prevention and treatment of diseases and conditions
affecting women, as well as responding to violence
against women areas of family planning and will
ensure universal access for all women to a full range
of high-quality and affordable health care, including
sexual and reproductive health services.”43
In view of the foregoing, and in order to
assist the State in complying with its obligation with
CEDAW and in fulfilling the promise of the RPRH
law, the CHR submitted its recommendations to the
legislature, the executive, and the judiciary.