Reproductive health bill: Facts, fallacies By Rep.

Edcel Lagman Philippine Daily Inquirer First Posted 00:46:00 08/03/2008 Filed Under: Family, Family planning, Population (Editors Note: Upon the request of readers, we are running the salient features of the proposed Reproductive Health and Population Development Act of 2008. We asked its principal author in the House of Representatives to present the main points of and misconceptions about the bill. We hope that this issue will help readers reach an informed opinion on the measure.) THE BILL IS NATIONAL IN SCOPE, COMPREHENSIVE, rights-based and provides adequate funding to the population program. It is a departure from the present setup in which the provision for reproductive health services is devolved to local government units, and consequently, subjected to the varying strategies of local government executives and suffers from a dearth of funding. The reproductive health (RH) bill promotes information on and access to both natural and modern family planning methods, which are medically safe and legally permissible. It assures an enabling environment where women and couples have the freedom of informed choice on the mode of family planning they want to adopt based on their needs, personal convictions and religious beliefs. The bill does not have any bias for or against either natural or modern family planning. Both modes are contraceptive methods. Their common purpose is to prevent unwanted pregnancies. The bill will promote sustainable human development. The UN stated in 2002 that family planning and reproductive health are essential to reducing poverty. The Unicef also asserts that family planning could bring more benefits to more people at less cost than any other single technology now available to the human race. Coverage of RH. (1) Information and access to natural and modern family planning (2) Maternal, infant and child health and nutrition (3) Promotion of breast feeding (4) Prevention of abortion and management of post-abortion complications (5) Adolescent and youth health (6) Prevention and management of reproductive tract infections, HIV/AIDS and STDs (7) Elimination of violence against women (8) Counseling on sexuality and sexual and reproductive health (9) Treatment of breast and reproductive tract cancers (10) Male involvement and participation in RH; (11) Prevention and treatment of infertility and (12) RH education for the youth. Strengthening of Popcom. The existing Population Commission shall be reoriented to promote both natural and modern family planning methods. It shall serve as the central planning, coordinating, implementing and monitoring body for the comprehensive and integrated policy on reproductive health and population development.

Capability building of community-based volunteer workers. The workers shall undergo additional and updated training on the delivery of reproductive healthcare services and shall receive not less than 10-percent increase in honoraria upon successful completion of training. Midwives for skilled birth attendance. Every city and municipality shall endeavor to employ an adequate number of midwives and other skilled attendants. Emergency obstetrics care. Each province and city shall endeavor to ensure the establishment and operation of hospitals with adequate and qualified personnel that provide emergency obstetrics care. Hospital-based family planning. Family planning methods requiring hospital services like ligation, vasectomy and IUD insertion shall be available in all national and local government hospitals. Contraceptives as essential medicines. Reproductive health products shall be considered essential medicines and supplies and shall form part of the National Drug Formulary considering that family planning reduces the incidence of maternal and infant mortality. Reproductive health education. RH education in an age-appropriate manner shall be taught by adequately trained teachers from Grade 5 to 4th year high school. As proposed in the bill, core subjects include responsible parenthood, natural and modern family planning, proscription and hazards of abortion, reproductive health and sexual rights, abstinence before marriage, and responsible sexuality. Certificate of compliance. No marriage license shall be issued by the Local Civil Registrar unless the applicants present a Certificate of Compliance issued for free by the local Family Planning Office. The document should certify that they had duly received adequate instructions and information on family planning, responsible parenthood, breast feeding and infant nutrition. Ideal family size. The State shall encourage two children as the ideal family size. This is neither mandatory nor compulsory and no punitive action may be imposed on couples having more than two children. Employers responsibilities. Employers shall respect the reproductive health rights of all their workers. Women shall not be discriminated against in the matter of hiring, regularization of employment status or selection for retrenchment. Employers shall provide free reproductive health services and commodities to workers, whether unionized or unorganized. Multimedia campaign. Popcom shall initiate and sustain an intensified nationwide multimedia campaign to raise the level of public awareness on the urgent need to protect and promote reproductive health and rights. *** Smear offensive

Rep. Edcel C. Lagman THERE IS A CONTINUING campaign to discredit the reproductive health bill through misinformation. Straightforward answers to the negative propaganda will help educate and enlighten people on the measure. The bill is not antilife. It is proquality life. It will ensure that children will be blessings for their parents since their births are planned and wanted. It will empower couples with the information and opportunity to plan and space their children. This will not only strengthen the family as a unit but also optimize care for children who will have more opportunities to be educated, healthy and productive. The bill does not interfere with family life. In fact, it enhances family life. The family is more than a natural nucleus; it is a social institution whose protection and development are impressed with public interest. It is not untouchable by legislation. For this reason, the State has enacted the Civil Code on family relations, the Family Code, and the Child and Youth Welfare Code. The bill does not legalize abortion. It expressly provides that abortion remains a crime and prevention of abortion is essential to fully implement the Reproductive Health Care Program. While management of post-abortion complications is provided, this is not to condone abortion but to promote the humane treatment of women in life-threatening situations. It will not lead to the legalization of abortion. It is not true that all countries where contraceptive use is promoted eventually legalize abortion. Many Catholic countries criminalize abortion even as they vigorously promote contraceptive use like Mexico, Panama, Guatemala, Brazil, Chile, Colombia, Dominican Republic, El Salvador, Honduras, Nicaragua, Venezuela, Paraguay and Ireland. The Muslim and Buddhist countries of Indonesia and Laos also promote contraceptive use yet proscribe abortion. According to studies, correct and regular use of contraceptives reduces abortion rates by as much as 85 percent and negates the need to legalize abortion. Contraceptives do not have life-threatening side effects. Medical and scientific evidence shows that all the possible medical risks connected with contraceptives are infinitely lower than the risks of an actual pregnancy and everyday activities. The risk of dying within a year of riding a car is 1 in 5,900. The risk of dying within a year of using pills is 1 in 200,000. The risk of dying from a vasectomy is 1 in 1 million and the risk of dying from using an IUD is 1 in 10 million. The probability of dying from condom use is absolutely zero. But the risk of dying from a pregnancy is 1 in 10,000. The bill will not promote contraceptive mentality. The bill does not prohibit pregnancy. Critics are mistaken in claiming that because contraceptives would be readily available, people would prefer to have no children at all. Couples will not stop wanting children simply because contraceptives are available. Contraceptives are used to prevent unwanted pregnancies but not to stop pregnancies altogether. Timed pregnancies are assured. The bill does not impose a two-child policy. It does not promote a compulsory policy strictly limiting a family to two children and no punitive action shall be imposed on parents with more

than two children. This number is not an imposition or is it arbitrary because results of the 2003 National Demographic and Health Survey show that the ideal of two children approximates the desired fertility of women. Sexuality education will neither spawn a generation of sex maniacs nor breed a culture of promiscuity. Age-appropriate RH education promotes correct sexual values. It will not only instill consciousness of freedom of choice but also responsible exercise of ones rights. The UN and countries which have youth sexuality education document its beneficial results: understanding of proper sexual values is promoted; early initiation into sexual relations is delayed; abstinence before marriage is encouraged; multiple-sex partners is avoided; and spread of sexually transmitted diseases is prevented. It does not claim that family planning is the panacea for poverty. It simply recognizes the verifiable link between a huge population and poverty. Unbridled population growth stunts socioeconomic development and aggravates poverty. The connection between population and development is well-documented and empirically established. UN Human Development Reports show that countries with higher population growth invariably score lower in human development. The Asian Development Bank in 2004 also listed a large population as one of the major causes of poverty in the country. The National Statistics Office affirms that large families are prone to poverty with 57.3 percent of families with seven children mired in poverty while only 23.8 percent of families with two children are poor. Recent studies also show that large family size is a significant factor in keeping families poor across generations. Family planning will not lead to a demographic winter. UP economics professors in their paper Population and Poverty: The Real Score declared that the threat of a so-called demographic winter in the Philippines is greatly exaggerated, and using it as an argument against a sensible population policy is a plain and simple scare tactic. The National Statistical Coordinating Board projected that a replacement fertility of 2.1 children per couple could be reached only by 2040. Moreover, despite a reduced population growth rate, the effects of population momentum would continue for another 60 years by which time our total population would be 240 million. Humanae Vitae is not an infallible doctrine. In 1963, Pope John XXIII created the Papal Commission on Birth Control to study questions on population and family planning. The Commission included ranking prelates and theologians. Voting 69 to 10, it strongly recommended that the Church change its teaching on contraception as it concluded that the regulation of conception appears necessary for many couples who wish to achieve a responsible, open and reasonable parenthood in todays circumstances. However, it was the minority report that Pope Paul VI eventually supported and which became the basis of Humanae Vitae.

Even 40 years ago when the encyclical was issued, theologians did not generally think that it was infallible. Monsignor Fernando Lambruschini, spokesperson of the Vatican at the time of its release, said attentive reading of the encyclical Humanae Vitae does not suggest the theological note of infallibility It is not infallible. Five days after the issuance of the encyclical, a statement against it was signed by 87 Catholic theologians. It asserted that Catholics may dissent from noninfallible Church doctrine and that Catholic spouses could responsibly decide in some circumstances to use artificial contraception. (Rep. Edcel C. Lagman of Albay is the principal author of the proposed Reproductive Health and Population Development Act of 2008.)
NB: This version was circulated by the Congressional Committee on Health on 02 August 2002. STUDY
LINKS

HOUSE OF REPRESENTATIVES Quezon City, Metro Manila TWELFTH CONGRESS First Regular Session HOUSE BILL NO.

4110

INTRODUCED BY HONORABLE BELLAFLOR J. ANGARA-CASTILLO, DARLENE R. ANTONINO-CUSTODIO, CIELO KRISEL LAGMAN-LUISTRO, LORETTA ANN P. ROSALES, CARLOS M. PADILLA, GILBERT C. REMULLA, NERISSA CORAZON SOON-RUIZ, LIZA L. MAZA, JR. NEREUS 0. ACOSTA, JOSEFINA M. JOSON, EMILIO C. MACIAS II, ANTONIO P. ALAPAHA JR., FILOMENA S. SAN JUAN, GABRIELLE V. CALIZO, ROZZANO RUFINO B. BIAZON, CYNTHIA A. VILLAR, ANTONIO M. ABABA, EDELMIRO A. AMANTE, AGAPITO A. AQUINO, ROSELLER L. BARINAGA, LUIS P. BERSAMIN JR., CARMEN L. CARI, FAYSAH MANIRI-RACMAN DUMARPA, MICHAEL JOHN R. DUAVIT, EDGAR ERICE, CONRADO M. ESTRELLA III, CELIA TAGANAS LAYUS, MA. VICTORIA L. LOCSIN, ALFREDO G. MARANON JR., ANTONIO EDUARDO B. NACHURA, ARTHUR Y. PINGOY JR., MONICO 0. PUENTEVELLA, EDWIN C. UY, WILFRIDO B. VILLARAMA AND JOSE CARLOS V. LACSON

1234 56 78 9 10 11 12 13 14 15 16 17 18 19 20 AN ACT ESTABLISHING A REPRODUCTIVE HEALTH CARE ACT, STRENGTHENING ITS IMPLEMENTING STRUCTURES, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SEC. 1. Title. This Act shall be known as "The Reproductive Health Care Agenda Act of

2001". SEC. 2. Declaration of Principles. The state recognizes and guarantees the human rights of all persons that include, the right to equality and equity, the right to development, the right to reproductive health, the right to education and the right to choose and make decisions for themselves. The state shall ensure the universal access to reproductive health, services, information and education. The advancement and protection of women's human rights shall be central to the State's efforts to address reproductive health care. It shall promote gender equality, equity and women's empowerment as a health and human rights concern. The empowerment and autonomy of women and the improvement of their political, social, economic, and health status is imperative. The state shall positively address and seek to eradicate discriminatory practices and laws and policies, including but not limited to, gender inequality and inequity, and violence against women which infringe on a person's exercise of sexual and reproductive rights.
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12 34 567 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 H.B. No. 4110 - 2 SEC. 3. Definition of Terms. For the purpose of this Act, the following terms shall be defined as follows: a. Gender equality - the absence of discrimination, on the basis of a person's sex, in opportunities, in the allocation of resources or benefits, or in access to services. b. Gender equity - fairness and justice in the distribution of benefits and responsibilities between women and men, and often requires women-specific projects and programs to end existing inequalities. c. Reproductive rights - are the rights of individuals and couples to: 1) Decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so;

2) Make decisions about reproductive health free of discrimination, coercion and violence. d. Reproductive health - is the state of complete physical, mental and social well-being and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its functions and processes. This implies that people are able to have a satisfying and safe sex life and that they have the capability to reproduce and the freedom to decide if, when and how often to do so. Implicit in this last condition are the right of men and women to be informed and to have access to safe, effective, affordable and acceptable methods of family planning of their choice, as well as other methods of their choice for regulation of fertility and the right of access to appropriate health-care services that will enable women to go safely through pregnancy and childbirth and provide individuals and couples with the best chance of having a healthy infant. e. Reproductive Health Care - is the constellation of methods, techniques and services that contribute to reproductive health and well being by preventing & solving reproductive health-related problems. The services includes Family Planning (FP), Maternal & Child
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123456 78 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 H.B. No. 4110 - 3 Health and Nutrition (MCHN), Prevention & Management of Abortion and its

Complications (PMAC), Prevention and Management of Reproductive Tract Infections (RTIs), Education and Counseling on Sexuality and Sexual Health, Breast & Reproductive Tract Cancers & other Gynecological Conditions, Men's Reproductive Health, Adolescent & Youth Health, Violence Against Women & Children, Prevention & Treatment of Infertility & Sexual Dysfunction. f. Responsible parenthood - the will and the ability to respond to the needs and aspirations of the family and children. g. Adolescent sexuality - refers to the reproductive system, gender identity, values or beliefs, emotions, relationships and sexual behavior of young people as social beings. The term especially the subjective elements (values, beliefs and emotions) should be seen from the perspective of young people to become meaningful. Adolescence pertains to people aged between 13-24. h. Family planning - a process by which couples, guided by the demands of responsible parenthood, and/or by their personal, religious, social or cultural beliefs, decide freely and responsibly the number, spacing and timing of their children based on their physical, mental and emotional capacities as well as their present or potential resources. i. Male involvement - refers to men's commitment and joint responsibility with women in all areas of sexual and reproductive health. j. Civil society - is the conglomeration of all the non-profit, non-government and voluntary organizations addressing the general issues and welfare of the people. Civil society constitutes a viewpoint of development that gives primary consideration to people empowerment, respect for culture, gender equity, and environmental protection. The civil society perspective encompasses the interest of the following sectors: families, farmers, workers, urban poor, women, indigenous communities, youth and students, media, the academic institutions, civic organizations, the various churches, non-governmental
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15 16 17 18 19 20 21 22 23 24 25 H.B. No. 4110 - 4 organizations (NGOs), and peoples organizations (POs). k. Private Sector - refers to all individual corporations, companies, enterprises, and including their business organizations and chambers, which are operating profit and are also assisting in the implementation of population and development the state as part of their service to their employees and/or in the performance of their social responsibility. SEC. 4. Reproductive Health Care Agenda Framework. The Integrated Reproductive Health Care Agenda shall create an enabling environment wherein an integrated reproductive health care policy and program become positive instruments for the realization of a. The sexual and reproductive health and rights of all individuals and couples including: 1) the reproductive health and rights of all individuals and couples to decide freely and responsibly the number, spacing and timing of their children; 2) the right to make decisions concerning reproduction free of discrimination, coercion and violence; 3) the universal access to a full range of safe, high quality, accessible, and affordable sexual and reproductive health services and products to all individuals and couples; 4) the universal access to sexual and reproductive health information and education; b. The attainment of gender equality, equity and women's empowerment in society; and c. The promotion of the welfare and rights of the child. SEC. 5. Reproductive Health Care Program. a. Elements of Reproductive Health. The following are the priority health care services identified as the Ten Elements of RH: 1) Family Planning (FP) 2) Maternal & Child Health and Nutrition (MCHN) 3) Prevention & Management of Abortion and its Complications (PMAC), 4) Prevention and Management of Reproductive Tract Infections (RTIs) 123456 789 10 11 12 13 14 15 16 17 18 H.B. No. 4110 - 5 5) Education and Counseling on Sexuality and Sexual Health 6) Breast & Reproductive Tract Cancers & other Gynecological Conditions

7) Men's Reproductive Health 8) Adolescent & Youth Health 9) Violence Against Women & Children 10) Prevention & Treatment of Infertility & Sexual Dysfunction. b. Implementing Mechanism. The DOH shall be the lead implementing agency to implement the Reproductive Health Care Agenda. The DOH shall convene the National RH Management Committee (NRHMC) whose members shall include representatives from the Commission on Population (POPCOM), the Department of Interior and Local Government (DILG), and the National Commission on the Role of Filipino Women (NCRFW). Other agencies such as the Human Health Resource Development Institute, Bureau of Local Health Development, National Epidemiology Center, Health Policy and Planning Institute, Bureau of Health Facilities and Services, Center for Health Promotion, and Philippine Health Insurance Corporation (PHIC) shall provide the necessary
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19 20 21 22 23 24 25 26 support services. c. Functions. The DOH-led NRHMC shall: 1) Come out with an Integrated National Policy and Program on Reproductive Health that shall be implemented in the DOH-retained hospitals, the local government unitmanaged health facilities, other government organizations, private sectors and NGOs; 2) Review national and local laws and policies that infringe on the rights of all individuals and couples from access to their sexual and reproductive health and rights and take the necessary efforts to amend and repeal such laws and policies. Particularly, the review of laws and policies shall include the following areas: a. population, reproductive health, and family planning; b. contraception; 123456 789 10 11

12 13 14 15 16 17 18 19 20 21 22 23 24 25 H.B. No. 4110 - 6 c. abortion; d. HIV/AIDS and other sexually transmissible infections; e. Harmful traditional practices affecting reproductive health; f. Rape and other sexual violence, g. Marriage and family law; and h. Reproductive rights of adolescents. 3) Strengthen the capacities of health regulatory agencies to ensure safe, high quality, accessible, and affordable reproductive health services and products with the concurrent strengthening and enforcement of regulatory mandates and mechanisms; 4) Take active steps to push for the expansion of the coverage of the National Health Insurance Program (NHIP) to extend protection to a wider population especially the poor and to cover the full range of sexual and reproductive health services and products as health insurance benefits. d. Service Delivery. In implementing the Reproductive Health Agenda, the following should be ensured: 1) Enabling Environment for Women's Sexual and Reproductive Health and Rights. a. The implementation of a comprehensive national strategy to promote women's right to health, including their reproductive health, recognizing that health is more than the absence of disease, but encompasses the physical, mental and social well-being of an individual throughout the entire life cycle; b. The elimination of discrimination against women in the field of health
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care in order to promote equal access to health care services and information; c. The undertaking of programs and services towards educating women of

their reproductive rights; 12 34 56 78 9 10 11 12 13 14 15 16 17 18 19 20 21 H.B. No. 4110 - 7 d. The increase of women's access throughout the life cycle to appropriate, affordable and quality health care, information and related services; e. Take all appropriate measures to promote, research and disseminate information on women's health 2) Broad Reproductive Health Care. The provision of broad reproductive health care needs, including a. Family planning counseling, information and education regardless of marital status and age; b. The full range of family planning methods both natural family planning and modem contraceptive methods (e.g., condoms, vaginal barrier methods, oral contraceptives, implants, intrauterine devices, male and female voluntary sterilization, and emergency contraception (EC). c. Prenatal care, safe delivery and postnatal care services and education; d. Prevention and appropriate treatment of infertility; e. Prevention and management of consequences of abortion; f. Treatment of reproductive tract infections, HIV/AIDS and other STIs, and breast cancer; g. Active discouragement of female circumcision/female genital mutilation and other harmful traditional practices; and h. Education and information on human sexuality and responsible parenthood 3) Population, reproductive health, and family planning
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345 678 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 H.B. No. 4110 - 8 a. The equitable distribution of resources and facilities to implement all aspects of reproductive rights; b. The principle of free and informed. consent and choice, non-coercion, confidentiality, privacy, non-discrim i nation and quality of care shall always be present in the policies and programs and its implementation; c. The removal of unnecessary legal, medical, clinical and regulatory obstacles to information on and access to reproductive health services, including family planning; d. The development of policies and programs aimed at effecting significant reductions in maternal, infant and child mortality; 4) Contraception a. The elimination of restrictions on contraception including excessive regulation, requirements for third-party authorizations, and prohibitions on the dissemination of information regarding contraceptives; b. Access to the full range of contraceptive methods, as well as accurate information on the relative benefits and risks of each method; c. The regulation of quality of contraceptive methods and implement appropriate safeguards for efficacy, safety, and full, informed consent by the users; 5) Adolescents a. The removal of all legal and regulatory barriers to reproductive health care for adolescents and create comprehensive, age-specific health programs for them as part of the country's overall health policy. The services should include

information and services addressing reproductive health, STIs, gender roles, sexuality and responsible use of contraceptives; b. Also, there must be: i) the universal access to contraception and maternal health care, including pre- and post-natal care for pregnant adolescents, regardless of marital
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123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 H.B. No. 4110 - 9 status; ii) services geared specifically towards the special reproductive health needs of adolescents; iii) sex education and life-skills programs for all levels of education -primary, secondary and tertiary. The policies must reflect the special needs of marginalized adolescents, such as street children and out-of-school youth; iv) education campaigns for STI and HIV/AIDS-prevention specifically aimed at adolescents; v) programs to sensitize the community, including health care providers and law enforcement officials, regarding the need to protect the girl child and and adolescents against all forms of sexual violence, including rape, incest, prostitution and trafficking; and c. The provision of special attention to reducing the incidence of teen-age pregnancy and other adolescent reproductive health problems; SEC. 5. Education and Information a. Sexual and Reproductive Health and Rights Education in Schools. The

Department of Education (DEPED), the Commission on Higher Education (CHED), and the Technical Education and Skill Development Authority (TESDA), using information provided by the Department of Health, hall require the integration instruction on sexual and reproductive health and rights in the curriculum in public and private schools at intermediate grades, secondary and tertiary levels, including non-formal and indigenous learning systems. b. Sexual and Reproductive Health and Rights Education in the Workplace. The Civil Service Commission (CSC) and the Department of Labor and Employment (DOLE) shall ensure that all government and private institutions shall conduct education and informational campaigns for their employees, workers, managers, and supervisors on sexual and reproductive health and rights. c. Sexual and Reproductive Health and Rights Education in the Communities. Local governments units, in collaboration with the Department of Health and the 12345 6 789 10 11 12 H.B. No. 4110 - 10 Department of Interior and Local Governance, shall conduct educational and information campaigns in their respective local government units. The provincial governor, city and municipal mayors and the barangay captain shall coordinate such campaign among concerned government agencies, and non-government organizations. SEC. 6. Support a. The State recognizes that civil society, in general, and women's organizations in particular, have made and are increasingly providing essential contributions to sexual and reproductive health and rights-related programs, projects and activities at all levels and are also engaged in the planning and implementation of more innovative, flexible and responsive programs with grassroots participation. This Act shall provide the means for a stronger and more effective partnership by government agencies with civil society at all levels and the necessary support so that they could expand their
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13 14 15 16 17 18 19 20 21 22 23 24 25 26 work more effectively among the citizenry. b. The State recognizes that the private sector plays an important role in social and

economic development that includes the production and delivery of reproductive health care services and commodities. This Act shall provide the means to promote private sector role in service delivery and in the production, distribution and delivery of high-quality reproductive health and family-planning commodities that are accessible and affordable to ordinary citizens, c. The State recognizes the essential role that the various leagues play as an alternative forum by which local government units can participate in governance. The various Leagues shall provide an alternative representation of all the Local Government Units, apart from those that are already defined under the Local Government Code, in the crafting of policies, and in the development of programs and projects in pursuit of the Reproductive Health Care Agenda. 123456 789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 H.B. No. 4110 - 11 SEC. 7. Discriminatory Acts and Policies. Any restriction on dissemination of information regarding contraception including requirements for third-party authorizations in voluntary sterilizations and other voluntary sexual and reproductive health procedure is considered discrimination against the exercise of one's sexual and reproductive rights and is thus punishable punishable by imprisonment of one month to six months and/or a fine of twenty thousand pesos (P20,000.00). SEC 8. Reporting Requirements. Before the end of April each year, the DOH shall submit an annual report to the President of the Philippines. The report shall provide a definitive and comprehensive assessment of the implementation of its programs and those of other Government agencies and instrumentalities, civil society and the private sector and recommend appropriate priorities for executive and legislative actions. The report shall be printed and distributed to all national agencies, the LGUs, civil society and the private sector involved in said programs. The annual report shall evaluate the content, implementation, and impact of all policies related to population, reproductive health, and family planning to ensure such policies promote, protect and fulfill women's reproductive rights. SEC. 7. Appropriation. The Department and LGUs, through its implementing units, shall

endeavor to disburse all appropriated funds based on the set benchmarks; Furthermore, 20% of funds currently allocated to the National Health Insurance Program shall be used to support the policies and objectives under this Act. Subsequent appropriations shall be provided by Congress in the Annual budget of the Department of Health under the General Appropriations Act. SEC. 8. Separability Clause. If any part, section or provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall remain in force and effect. SEC. 9. Repealing Clause. Republic Act No. 6365 dated 06 August 1971, Presidential Decree No. 79 dated 8 December 1972, Presidential Decrees No. 1204 dated 29 September 1977, Executive Order No. 160 dated 13 April 1977, Executive Order No. 408 dated 18 June 1990,
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123 45 6 H.B. No. 4110 - 12 Executive Order No.32 dated 31 October 1992 and all other laws, decrees, orders, issuances, rules and regulations which are inconsistent with the provisions of this Act are hereby repeated, amended or modified accordingly. SEC. 10. Effectivity. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved, BACK TO TOP | SENATE BILL 2325 | STUDY LINKS
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What is discrimination against women? The Magna Carta of Women defines discrimination against women as:

any gender-based distinction, exclusion, or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field; any act or omission, including by law, policy, administrative measure, or practice, that directly or indirectly excludes or restricts women in the recognition and promotion of their rights and their access to and enjoyment of opportunities, benefits, or privileges; a measure or practice of general application that fails to provide for mechanisms to offset or address sex or gender-based disadvantages or limitations of women, as a result of which women are denied or restricted in the recognition and protection of their rights and in their access to and enjoyment of opportunities, benefits, or privileges; or women, more than men are shown to have suffered the greater adverse effects of those measures or practices; and discrimination compounded by or intersecting with other grounds, status, or condition, such as ethnicity, age, poverty, or religion.

What are the rights of women guaranteed under the Magna Carta of Women? All rights in the Philippine Constitution and those rights recognized under international instruments duly signed and ratified by the Philippines, in consonance with Philippine laws shall be rights of women

under the Magna Carta of Women. These rights shall be enjoyed without discrimination since the law prohibits discrimination against women, whether done by public and private entities or individuals. The Magna Carta of Women also spells out every woman's right to:

Protection from all forms of violence, including those committed by the State. This includes the incremental increase in the recruitment and training of women in government services that cater to women victims of gender-related offenses. It also ensures mandatory training on human rights and gender sensitivity to all government personnel involved in the protection and defense of women against gender-based violence, and mandates local government units to establish a Violence Against Women Desk in every barangay to address violence against women cases ; Protection and security in times of disaster, calamities and other crisis situations, especially in all phases of relief, recovery, rehabilitation and construction efforts, including protection from sexual exploitation and other sexual and gender-based violence. Participation and representation, including undertaking temporary special measures and affirmative actions to accelerate and ensure women's equitable participation and representation in the third level civil service, development councils and planning bodies, as well as political parties and international bodies, including the private sector. Equal treatment before the law, including the State's review and when necessary amendment or repeal of existing laws that are discriminatory to women; Equal access and elimination of discrimination against women in education, scholarships and training. This includes revising educational materials and curricula to remove gender stereotypes and images, and outlawing the expulsion, non-readmission, prohibiting enrollment and other related discrimination against women students and faculty due to pregnancy outside of marriage; Equal participation in sports. This includes measures to ensure that gender-based discrimination in competitive and non-competitive sports is removed so that women and girls can benefit from sports development; Non-discrimination in employment in the field of military, police and other similar services. This includes according the same promotional privileges and opportunities as their men counterpart, including pay increases, additional benefits, and awards, based on competency and quality of performance. The dignity of women in the military, police and other similar services shall always be respected, they shall be accorded with the same capacity as men to act in and enter into contracts, including marriage, as well as be entitled to leave benefits for women such as maternity leave, as provided for in existing laws; Non-discriminatory and non-derogatory portrayal of women in media and film to raise the consciousness of the general public in recognizing the dignity of women and the role and contribution of women in family, community, and the society through the strategic use of mass media; Comprehensive health services and health information and education covering all stages of a woman's life cycle, and which addresses the major causes of women's mortality and morbidity, including access to among others, maternal care, responsible, ethical, legal, safe and effective methods of family planning, and encouraging healthy lifestyle activities to prevent diseases;

Leave benefits of two (2) months with full pay based on gross monthly compensation, for women employees who undergo surgery caused by gynecological disorders, provided that they have rendered continuous aggregate employment service of at least six (6) months for the last twelve (12) months; Equal rights in all matters relating to marriage and family relations. The State shall ensure the same rights of women and men to: enter into and leave marriages, freely choose a spouse, decide on the number and spacing of their children, enjoy personal rights including the choice of a profession, own, acquire, and administer their property, and acquire, change, or retain their nationality. It also states that the betrothal and marriage of a child shall have no legal effect.

The Magna Carta of Women also guarantees the civil, political and economic rights of women in the marginalized sectors, particularly their right to:

Food security and resources for food production, including equal rights in the titling of the land and issuance of stewardship contracts and patents; Localized, accessible, secure and affordable housing; Employment, livelihood, credit, capital and technology; Skills training, scholarships, especially in research and development aimed towards women friendly farm technology; Representation and participation in policy-making or decision-making bodies in the regional, national, and international levels; Access to information regarding policies on women, including programs, projects and funding outlays that affect them; Social protection; Recognition and preservation of cultural identity and integrity provided that these cultural systems and practices are not discriminatory to women; Inclusion in discussions on peace and development; Services and interventions for women in especially difficult circumstances or WEDC; Protection of girl-children against all forms of discrimination in education, health and nutrition, and skills development; and Protection of women senior citizens.

The Magna Carta of Women defines the marginalized sectors as those who belong to the basic, disadvantaged, or vulnerable groups who are mostly living in poverty and have little or no access to land and other resources, basic social and economic services such as health care, education, water and sanitation, employment and livelihood opportunities, housing security, physical infrastructure and the justice system. These include, but are not limited to women in the following sectors or groups: Small farmers and rural workers, Fisherfolk, Urban poor, Workers in the formal economy, Workers in the informal economy, Migrant workers, Indigenous Peoples, Moro, Children, Senior citizens, Persons with disabilities, and Solo parents.

How can Filipino women living abroad benefit from this law? Statistics show that more and more Filipino women are migrating for overseas employment. In many places, women migrant workers have limited legal protections or access to information about their rights, rendering them vulnerable to gender-specific discrimination, exploitation and abuse. Section 37 of the Magna Carta of Women mandates the designation of a gender focal point in the consular section of Philippine embassies or consulates. The said officer who shall be trained on Gender and Development shall be primarily responsible in handling gender concerns of women migrant workers, especially those in distress. Other agencies (e.g. the Department of Labor and Employment and the Department of Social Welfare and Development) are also mandated to cooperate in strengthening the Philippine foreign posts' programs for the delivery of services to women migrant workers, consistent with the one-country team approach in Foreign Service. Who will be responsible for implementing the Magna Carta of Women? The State, the private sector, society in general, and all individuals shall contribute to the recognition, respect and promotion of the rights of women defined and guaranteed in the Magna Carta of Women. The Philippine Government shall be the primary duty-bearer in implementing the said law. This means that all government offices, including local government units and government-owned and controlled corporations shall be responsible to implement the provisions of Magna Carta of Women that falls within their mandate, particularly those that guarantee rights of women that require specific action from the State. As the primary duty-bearer, the Government is tasked to:

refrain from discriminating against women and violating their rights; protect women against discrimination and from violation of their rights by private corporations, entities, and individuals; promote and fulfill the rights of women in all spheres, including their rights to substantive equality and non-discrimination.

The Government shall fulfill these duties through the development and implementation of laws, policies, regulatory instruments, administrative guidelines, and other appropriate measures, including temporary special measures. It shall also establish mechanisms to promote the coherent and integrated implementation of the Magna Carta of Women and other related laws and policies to effectively stop discrimination against Filipino women. What are the specific responsibilities of government under the Magna Carta of Women? The Magna Carta of Women mandates all government offices, including government-owned and controlled corporations and local government units to adopt gender mainstreaming as a strategy for implementing the law and attaining its objectives. It also mandates (a) planning, budgeting, monitoring and evaluation for gender and development, (b) the creation and/or strengthening of gender and development focal points, and (c) the generation and maintenance of gender statistics and sex-disaggregated databases to aid in planning, programming and policy formulation. Under this law, the National Commission on the Role of Filipino Women which will be renamed as the Philippine Commission on Women (PCW) shall be the overall monitoring and oversight body to ensure the implementation of the law. As an agency under the Office of the President of the Philippines, it will be the primary policy-making and coordinating body for women and gender equality concerns and shall lead in ensuring that government agencies are capacitated on the effective implementation of the Magna Carta of Women. Consistent with its mandate, the Commission on Human Rights shall act as the Gender and Development Ombud to ensure the promotion and protection of women's human rights. The Commission on Audit shall conduct an annual audit on the government offices' use of their gender and development budgets for the purpose of determining its judicious use and the efficiency, and effectiveness of interventions in addressing gender issues. Local government units are also encouraged to develop and pass a gender and development code to address the issues and concerns of women in their respective localities based on consultation with their women constituents. What are the penalties of violators?

If the violation is committed by a government agency or any government office, including government-owned and controlled corporations and local government units, the person directly responsible for the violation, as well as the head of the agency or local chief executive shall be held liable under the Magna Carta of Women. The sanctions under administrative law, civil service or other appropriate laws shall be recommended by the Commission on Human Rights to the Civil Service Commission and the Department of the Interior and Local Government. Further, in cases where violence has been proven to be perpetrated by agents of the State, such shall be considered aggravating offenses with corresponding penalties depending on the severity of the offenses. If the violation is committed by a private entity or individual, the person directly responsible for the violation shall be liable to pay damages. Further, the offended party can also pursue other remedies available under the law and can invoke any of the other provisions of existing laws, especially those that protect the rights of women. How will the implementation of the Magna Carta of Women be funded? The Magna Carta of Women provides that the State agencies should utilize their gender and development budgets for programs and activities to implement its provisions. Funds necessary for the implementation of the Magna Carta of Women shall be charged against the current appropriations of the concerned agencies, and shall be included in their annual budgets for the succeeding years. The Magna Carta of Women also mandates the State to prioritize allocation of all available resources to effectively fulfill its obligations under the said law. When is the effectivity of the Magna Carta of Women? The Magna Carta of Women shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation. Who will formulate the Implementing Rules and Regulations? The Philippine Commission on Women, in coordination with the Commission on Human Rights and all concerned departments and agencies including, as observers, both Houses of Congress, and with the participation of representatives from non-government organizations and civil society groups shall formulate the implementing rules and regulations of the Magna Carta of Women within one hundred eighty (180) days after its effectivity.