Special Seminar February 27: Politics Reproductive Health Bill Philippines

Date and Time: February 27, 2016, 15:30-18:00
Place: Tonan tei (Room No. 201), CSEAS, Inamori Foundation Memorial Building, Kyoto University

Speaker: Dr. Marilen J. Danguilan

Title: Overcoming Monkey Wrenches:The Passage and Implementation of the Reproductive Health Law in the Philippines

Abstract:
“Overcoming Monkey Wrenches:The Passage and Implementation of the Reproductive Health Law in the Philippines”

The Reproductive Health Law’s implementation is a grueling uphill climb and its legislative history is a tortuous process. Its opponents in Congress have stalled and tried to block its passage for 14 years. The debates, acrimonious and often ridiculous, delved into the question of when life begins; the emergence of a “contraceptive mentality” that would foster licentiousness, promote divorce, same-sex marriage, and　abortion; the necessity of a population policy in the Philippines with at least 100 million people; and the appropriateness of using government funds for family planning programs.

The RH Law provides government funding for family planning information and services; measures to prevent pregnancy-related deaths; reproductive health education; reproductive health programs for persons with disability; and social health insurance for life-threatening conditions such as HIV/AIDS, breast and reproductive tract cancers, and obstetric complications. The law does not provide abortion.

Three years since its historic passage, the Philippines’ landmark Reproductive Health Act — that　provides for family planning, sexuality education, among others — continues to face a series of　continuing obstacles put in place by allies of the Catholic Church.

Monkey wrench after monkey wrench has been thrown into the Department of Health’s efforts to implement　the Responsible Parenthood and Reproductive Health Act of 2012, as the legislation is known, since it was passed as the capstone of President Benigno S. Aquino III’s presidency in 2012.

The latest hurdle is the Senate’s removal of PHP1 billion (US$21.277 million) from the PHP3.275 billion (US$69.68 million) that the Department of Health proposed for the purchase of contraceptives in 2016, as the RH Law mandates.

Before this, barely two weeks after Aquino signed the law, conservative Catholic groups filed 14 petitions in the Supreme Court　questioning the constitutionality of the RH law. They claimed it violated the constitutional rights to life and health, to free　exercise of religion, to establish a family　according to people’s religious convictions, among others. They requested the Supreme　Court to issue a temporary restraining order against the implementation of the RH law. The Supreme Court issued a TRO in March 2013 and lifted it in April 2014.

The next TRO come when the Alliance for Family Foundation Philippines, Inc., a conservative group allied with the Catholic　Church, filed a case with the Supreme Court in May 2015. Once again, the Supreme Court issued a TRO in June 2015, which prohibits the　health department from selling and distributing the contraceptive implants (Implanon and Implanon NXT). It also prevents the health　department and food and drug administration from distributing any contraceptive drugs and supplies. It　still remains in effect to this　day.

The RH Law polarized the Philippines, a predominantly Catholic country, with a growing 100 million population. The Catholic Church,the Catholic Bishops Conference of the Philippines, and their　conservative political allies have been leading the attempts to thwart the implementation of the RH Law. Most Philippine presidents did not push for legislation on reproductive health because they wanted the Catholic Church on their side. It was only Aquino, a highly popular president, who bucked the trend.

President Aquino signed the measure into law on December 21, 2012. That should have been the end of the controversies. But that was not　to be. Supporters of the RH Law expect more to come in the future.
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About the speaker:
Marilen J. Danguilan, medical doctor, led the Technical Working Group of the Senate Committee on Health that brought about the Generics Law, Magna Carta of Public Health Workers, The Rooming-in and Breastfeeding Act, and The National Health Insurance Act of the Philippines. Marilen went on to work with the WHO Western Pacific Region, UNICEF New York, and is now Senior Policy Adviser of the UN World Food Programme in the Philippines. She completed her studies at the University of the Philippines; graduated from the De La Salle Medical School; did her postgraduate studies in public policy at the London School of Economics and Harvard Kennedy School of Government; and was a Takemi Fellow at the Harvard School of Public Health. She wrote two books: /Making Choices in Good Faith: A Challenge to the Catholic Church’s Teachings on Sexuality and Contraception/that won the National Book Award in 1993; and /Women in Brackets: A Chronicle of Vatican Power and Control/in 1997, finalist in the National Book Award in 1998.

This Special Seminar is sponsored by the “Emerging States” Kaken Project(25101004).

Organized by: Caroline S. Hau (CSEAS) and Takagi Yusuke (National Graduate Institute for Policy Studies, Tokyo)