The Catholic Church in the Philippines have always argued against passing such a law, insisting that such undertaking will undermine the conservative social fabric of the country, promote promiscuity and destroy the sanctity of life. Some conservatives even believe that access to contraceptives will actually increase the spread of Sexually Transmitted Diseases and promote promiscuity.
Some friends of mine say why does the state have to provide free contraceptives to an act that is essentially personal in nature and is already available to be bought anyway. Still others say that the law does not even define what an unborn is - probably speculating that since "unborn" is not defined, it will in fact promote abortion.
The fight to to enact RA 10354 was not easy indeed. It polarized a nation, galvanized conservatives and freethinkers alike to take a stand. It consumed the Philippines practically the last quarter of 2012. And even after such success, the fight continues, indeed, a motion to have the law cancelled has already been filed by a son of the lawyer of the Catholic Bishop's Conference of the Philippines. James Imbong, together with his wife, Lovely, filed a 25-page motion arguing that the law "mocks the nations Filipino culture", adding further that "noble and lofty in its values and holdings on life, motherhood and family life – now the fragile lifeblood of a treasured culture that today stands solitary but proud in contrast to other nations." And repeatedly stating that although abortion drugs are banned, it requires health workers to provide assistance to post-abortion complications.
After all this brouhaha, the question perenially leads to: Do we really need RA 10354?
Let us comprehensively review the various laws, foreign and local, that clearly stipulates the need to pass a law such as RA 10354.
The UNIVERSAL DECLARATION OF HUMAN RIGHTS, Article 25 states:
Paragraph 1: Everyone has the right to a standard of living adequate for the health and well being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
Paragraph 2: Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
It is clear from paragraph 1 that medical care is a human right, a necessary factor so that man can develop his potentials to the fullest. Governments who adhere to the Universal Declaration of Human Rights are therefore obligated to provide its citizenry with adequate, credible and comprehensive medical care services: that includes access to contraceptive methods, which, although not at first a medical emergency, can have far-reaching implications on the health of the mother and the ability of the family to provide ultimately for the needs of the child. Indeed, a mother who is chronically sick because of the strain of raising children without proper spacing will not be able to provide adequate and needed care to the family. This can have far reaching implications to the rest of the family: studies have consistently shown that mothers and women who are empowered to make healthcare decisions have better chances of providing for the needs of the family.
Paragraph 2 clearly places a great importance on the need to ensure that mothers and their children, regardless of the circumstances of their motherhood, are entitled to care. Repeated studies have shown that the more the mother is successful, the higher the chance for survival of the children and the better they quality of life they will enjoy.
The 1987 Philippine Constitution, Article II, Section 15 states:
"The state shall protect and promote the right to health of the people and instill health consciousness among them."
This is exactly what RA 10354 does under Section 3, paragraph e: "The state shall promote and provide information and access, without bias, to all methods of family planning, including effective natural and modern methods which have proven medically safe, legal, non-abortifacient, and effective in accordance with scientific and evidence-based medical research standards...."
By providing women the RIGHT to make decisions with regards to their bodies, we EMPOWER women. Again, repeated studies have shown that the more empowered women are, the more the children are able to attain a a better, if not a higher standard of living. This was clearly confirmed by the findings of the study of Matthias Doepke and Michele Tertilt (April 2011) entitled "Does Female Empowerment Promote Economic Developemnt?" In fact, the study found that when women achieve higher incomes, there is a corresponding higher expenditure on children, whereas higher incomes for men increase spending on tobacco and alcohol.
Furthermore, the 1987 Philippine constitution clearly mandates women empowerment. Under Article II, Section 13 it states:
"The state recognizes the role of women in nation building and shall ensure the fundamental equality of before the law of men and women."
The INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, Article 12 states: "The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for:
Paragraph 2, subsection a: "The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy development of the child:"
The mother is able to have a decision on the number of children she will bear can better ensure a healthy physical and mental development of the child as she will be better use the resources she and the family has as its disposal more efficiently.
Paragraph 2, subsection d: "The creation of conditions which would assure to all medical service and medical attention in the event of sickness."
It goes without saying that the more a child the mother has, the more it is difficult for her to provide adequate medical attention and services to the child. This is simple LOGIC!!!
The CONVENTION ON THE RIGHTS OF THE CHILD, Article 24 states:
Paragraph 1: "States Parties recognize the right of the child to the enjoyment of the highest attainable
standard of health and to facilities for the treatment of illness and rehabilitation of health. States
Parties shall strive to ensure that no child is deprived of his or her right of access to such health
care services."
The Philippines is flush with street children, there future is bleak, they are prone to be abused, used and exploited simply because society has failed to provide families with the power to simply decide their acceptable capacity to raise children.
RA 10354 clearly supports paragraph 1 as manifested in RA 10354, Section 2, Subsection b: "The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect abuse, cruelty, exploitation, and other conditions prejudicial to their development."
Paragraph 2, subsection d: "To ensure appropriate pre-natal and post-natal health care for mothers; "
Let us go back again to the petition of James and Lovely Imbong, one of which criticizes the provision of RA 10354, Section 2, subsection J which mandates the government to assist and provide medical assistance to mothers with post-abortion complications. In effect, Mr. James Imbong wants the government to abandon to DIE mothers who have post-abortion complications, accidental, medically induced or otherwise. For a so-called Christian, HE IS HEARTLESS, INSENSITIVE AND MISEDUCATED.
Do we also refuse treatment to Filipinos who have their hands blown by firecrackers simply because the have not anyway heed the incessant calls of the government to refrain from using firecrackers? THIS IS WHAT MR. IMBON IS IMPLYING, something we have to INFER if we are to rid our country of RELIGIOUS RIGHT WING NUTBAGS.
The INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION, Article 5 states:
Section I, paragraph IV: "The right to public health, medical care, social security and social services;"
The right to public health includes access to affordable, quality and effective contraceptive methods. Therefore, by providing free access to reproductive education and contraceptives, RA 10354 provides mothers and families with the option to plan the size of their families. This will ultimately affect the medical, social security and social service delivery of the government as it will ensure that the system is not going to be overwhelmed and that families will have a better quality of life.
The CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN states:
Article 12
Paragraph 1. "States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning."
RA 10354 will clearly give women a voice in the management of the family, and this is something very crucial and important as the study of Doepke and Tertilt clearly shows - the more empowered the women are, the better the chances for success of the children.
Paragraph 2. "Notwithstanding the provisions of paragraph I of this article, States Parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal
period, granting free services where necessary, as well as adequate nutrition during pregnancy
and lactation."
This is in-line with the states responsibility to ensure that women, a vital human resource of any nation, are afforded the care and services they need in order to ensure safe and effective healthcare services. RA 10354 Section 3, paragraph C clearly reflects this. It states:
"Since human resource is among the principal assets of the country, effective and quality reproductive health care services must be given primacy to ensure maternal and child health, the health of the unborn, safe delivery and birth of healthy children, and sound replacement rate, in line with the State’s duty to promote the right to health, responsible parenthood, social justice and full human development;'
Article 14
Paragraph 1: "States Parties shall take into account the particular problems faced by rural women and the significant roles which rural women play in the economic survival of their families, including
their work in the non-monetized sectors of the economy, and shall take all appropriate measures
to ensure the application of the provisions of the present Convention to women in rural areas."
Rural women, in any country, always faces the most challenging scenarios in the realm of healthcare as they are most likely least educated, least knowledgeable in natal management and care and least likely to have affordable access to healthcare. This is specially significant in an agricultural based country like the Philippines, were rural women are most likely to die of childbirth related complications. The government alone cannot do this, that is why it needs to partner with nongovernment organizations and other socio-civic groups, in fact, the 1987 Philippine Constitution, Article II, Section 23 specifically states:
"The state shall encourage nongovernmental, community-based or sectoral organizations that promote the welfare of the nation."
That is why in this regard RA 10354 is a boon to rural women, as it affords them badly needed access to childbirth care services and education and the role NGO's and other socio-civic groups as essential partners. This is reflected in RA 10354, Section 3, paragraph i, which states:
"Active participation by nongovernment organizations (NGOs), women’s and people’s organizations, civil society, faith-based organizations, the religious sector and communities is crucial to ensure that reproductive health and population and development policies, plans, and programs will address the priority needs of women, the poor, and the marginalized;"
Paragraph 2, Subparagraph b: "To have access to adequate health care facilities, including information, counselling and services in family planning;"
Once again, access to quality reproductive healthcare is an essential component of human rights.
In the quest to provide comprehensive public health services to the citizenry, none are twice as disadvantaged than those who are disabled, women who have disabilities, more than just having a disability, are on an uphill battle, that is why the CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES, Article 25 states persons with disabilities are entitled too to adequate and effective public health services, and this is the goal of RA 10354. To make healthcare not merely a privilege of the well-to-do but a right for all.
In summary, I would like to say that RA10354 is a matter of Human Right and should not be subjected to the religious opinions of any one church, however powerful. It is not an insult to the Filipino culture, rather, it is an empowering instrument that will ensure Filipino women can have the power to plan the size of the family that they can comfortably care for and support - thus preventing strain on the meager resources of a developing country and ensuring quality life for as many citizens as possible. Finally, it is DOES NOT CONDONE ABORTION, this is repeatedly stated in RA 10354 Sections 3 (J), 19 (a ) (2), 19 (c), and 23 (1).
It is ironic that those who insist on painting RA 10354 as an abortionist piece of legislation will very well be served by the fact that studies have shown that women who have access to free contraceptives actually have lower incidence of abortion - indeed, almost eliminates it. This is a study published in a medical journal Obstetrics and Gynecology and conducted by the Washington University School of Medicine.
Only a reasoned, logical, scientific and patriotic paradigm can provide a truly wholistic understanding as to why RA 10354 is a pressing piece of legislation that is long overdue, and long worth the fight!!!
"Contraceptives unlock one of the most dormant
but potentially powerful assets in development:
women as decision makers."
Melinda Gates
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