II. LEGAL FRAMEWORK
In the conduct of the National Inquiry, the Commission was guided by its mandate
as a National Human Rights Institution and by its role as Gender Ombud under the Magna
Carta of Women. It was likewise guided the Convention on the Elimination of All Forms
of Discrimination Against Women (CEDAW), the views of experts on Reproductive Health
and Rights including the CEDAW Committee’s views on the Inquiry in the City of Manila,
and the provisions of the Magna Carta of Women and the Responsible Parenthood and
Reproductive Health Law
CEDAW and Expert views on Reproductive Health and Rights
The Convention on the Elimination of all Forms of Discrimination Against Women
(CEDAW) was adopted by the United Nations General Assembly in 1979. Described as the
International Bill of Rights for Women, CEDAW prohibits all forms of discrimination
against women including discrimination in the access of health care services. Specifically,
Article 12 of the Convention seeks to eliminate discrimination in access to health care and
underscores the necessity for appropriate, gender-specific healthcare services such as
those related to pregnancy, and post-natal period. A key criterion of compliance with
Article 12 is access, which presupposes the availability of sustainable services, including
information about services 2. The CEDAW Committee has identified legal and regulatory
barriers to access to health including criminalization of medical procedures,
contraception, and abortion 3; it has also stressed that women’s access to services is
dependent on their possession and comprehension of necessary information; 4 it also
urged health ministries to ensure that women possess knowledge of available services
and how to obtain them 5, and for States to ensure access to health care, irrespective of
geographic location. 6
On reproductive and sexual health services, the CEDAW is the first human rights
treaty that explicitly requires State parties to ensure access to family planning 7. Under
Cook and Undurraga, Article 12 in CEDAW a Commentary (2015), p. 318
Id, p. 319
4 Id, p. 319 citing GR 24
55 Id, p. 319 citing CO Kyrgystan, CEDAW/C/KGZ/CO/3? (2008)
6 Id, p. 319 citing CO Syrian Arab Republic, CEDAW/C/SYR/CO/1(2007)
7 Art. 12 (1), 10 (h), 14 (2) (b), and 16 (1) (e) of CEDAW
2
3
12