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Friday, December 21, 2012

Amnesty International to Senators: DO NOT be obstacles to Women’s Rights, Pass the RH Bill!

Amnesty International to Senators: DO NOT be obstacles to Women’s Rights, Pass the RH Bill!

MANILA, PHILIPPINES - Amnesty International Philippines will deliver petitionsfor the passage of the Reproductive Health Bill signed by 4,500 individuals from all over the Philippinesto Senate President Enrile, demanding him not be an obstacle to the prevention and reduction of  maternal and infant deaths in the country. More than 30,000 signatures have already been submitted by the human rights organization to Senator Enrile since it started campaigning in 2010 to have millions of Filipino women, girls and couples access to sexual and reproductive information, contraception and services through the passage of the RH Bill.

“We ask Senator Enrile to follow the lead of the House of Congress which passed the RH Bill on second reading last Thursday and the President who had then certified the bill as urgent. Senator Enrileand the other members of the Senate could now join in this historic stand for women’s rights or forever be relegated to the dustbin of history as would be killers of women’s hopes in the 15th Congress.”declared Dr. Aurora Parong, Director of Amnesty International Philippines.

Amnesty International, a Nobel Peace awardee, joined RH advocates in celebrating the historic passage of the RH bill on second reading by the House of Representatives last Thursday as well as the rejection of proposed amendments that may weaken the reproductive health law. Amnesty International had also previously called on President Noynoy to certify the RH Bill as urgent and has welcomed the news that he had done so last Friday.

“We thank the legislators in both houses of Congress for their courageous votes on the RH bill. We support them and hope that more legislators will cast brave votes so that a law, which has been languishing in Congress for about 15 years, that has the potential to improve the maternal health of women and girls in the country will finally be enacted. Senator Sotto is reported to submit several amendments to the RH bill before the voting at the Senate today. Legislators must not be obstacles to the realization of sexual and reproductive rights of women, girls, couples and family,” added Dr. Aurora Parong.

Amnesty International Philippines hope that the events of last week –passage on third reading by the House of Representatives (HOR) and failure to water down the RH bill –will not be spoilt by unacceptable amendments at the Senate by Senator Sotto today and by delaying actions by Senate President Enrile.
Today, the Senate is expected to close the period of amendments and vote on second reading and probably on third reading, as the President has declared the bill urgent on 14 December. The HOR may concurrently do their third and final reading today as well.  Both dates for third and final readings at both chambers are not guaranteed, but the aim is for the Bill to be approved before the Congress goes on recess on 21 December, Friday.

“Women and girls have the right to the highest attainable standard of health, but often, they face legal, economic and social obstacles in access to health information and care, despite having a law that provides for these rights like the Magna Carta of Women. This is true especially in the Philippines thus Amnesty International Philippines is calling on Senate President Enrile to not become an obstacle to women’s rights and lead the Senate into passing the RH Bill into Law before the year ends,” added Dr. Parong.

Amnesty International considers that while current versions of the RH Bill still contain shortcomings, such as the lack of provision for post abortion care, the RH Bill has the potential to make a strong contribution to the realization of sexual, reproductive and maternal health rights in the Philippines, and could contribute to improve the maternal health of women and girls in the country.

“Philippine law and practice require a number of changes to be in line with the country’s international human rights obligations. Some of these issues could be partially solved through the adoption of the RH Bill, whilst others remain. These include the criminalization of abortion, barriers to adolescent access to health care, barriers to complete and scientifically accurate information on contraception, and discrimination on the basis of marital status and sexual orientation in access to sexual and reproductive health care,” Dr. Parong Concluded

Background:
In the Philippines, the government’s policies on sexual and reproductive health services restrict the ability of women to have control over whether and when to become pregnant, and effectively deny them enjoyment of their sexual and reproductive rights. Women living in poverty are often the most affected by these policies, which fail to support them in preventing mistimed, unintended or unwanted pregnancies, and harm their health and wellbeing.
***
Three of the most debated provisions of the RH Bill are on post-abortion medical care for women, the proactive funding of artificial contraceptive methods by the government and the mandatory health and sexuality education. Catholic priests in the Philippines campaign against the passage of the bill, while the President has vocally supported efforts towards promulgating such a law. The RH Bill affirms the state’s responsibility to guarantee universal access to safe, affordable and effective reproductive health care services, information and supplies that are essential in the promotion of people’s right to health, especially of the poor and marginalized.
***
Both versions of the RH Bill recognize that in the Philippines abortion is illegal, based on existing domestic laws. As of September 2012, H.B. 4244 provided that the government must ensure that all women needing post-abortion care for complications shall be treated in a humane and non-judgmental manner and be given counselling,(Section 3 of House Bill no. 4244)  however the Senate version deleted the provision for post-abortion care for women and girls during its period of amendments in September 2012. Section 3 of Senate Bill 2865. (Paragraph (i) originally reads “While this Act does not amend the penal law on abortion, the government shall ensure that all women needing care for post-abortion complications shall be treated and counselled in a humane, non-judgmental and compassionate manner”. It has been amended on 14 September as (j) “Abortion is a criminal act in accordance with existing laws” and “(l) all complications arising from pregnancy, labor and delivery shall be treated in a humane and compassionate manner”.) International human rights standards require the state to decriminalize abortion in all circumstances, to protect women’s rights to life, health, non-discrimination, privacy, physical integrity, and other human rights.

Amnesty International recommends that the Philippine authorities:
·         review all laws and policies, which restrict the sexual and reproductive rights of women and girls;
·         guarantee that women and girls can access the reproductive health services and information they need free from the threat of criminalization
·         review and enact reproductive health legislation within the 15th Congress, and ensure that all provisions are in line with international human rights law and standards.

The proposed law will prohibit the refusal to “perform legal and medically safe reproductive health procedures”  Section 28 of House Bill no. 4244. on persons of legal age on grounds of lack of third party consent, whereby in cases of disagreement among married couples, the decision of the party undergoing the procedure shall prevail. The bill allows for the possibility of conscientious objection, provided that the health worker who conscientiously objects immediately refer the person seeking such care to another health worker willing to provide the information and services. Ibid.

ON AMENDMENTS
Amendments to the Senate version of the RH Bill at the committee level:
AI welcomes the Senate’s rejection of the amendment which sought to take away provisions in the RH Bill which mandates local government units to upgrade or establish health facilities, including hospitals, and to ensure that these health facilities are adequately manned by qualified personnel.

AI is concerned, however, that the provision stating, “no person shall be denied information and access to family planning services, whether natural or artificial” in section 7 of proposed SB 2865, has been removed.  

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