Responsible Parenthood and Reproductive Health Act of 2012
The Responsible Parenthood and Reproductive Health Act of 2012, also known as the Reproductive Health Law or RH Law, and officially designated as Republic Act No. 10354, is a Philippine law that provides universal access to methods of contraception, fertility control, sexual education, and maternal care.
While there is agreement about its provisions on maternal and child health, there is debate on its mandate that the government and private sector will fund, and undertake widespread distribution of family planning devices such as condoms, birth control pills, and IUDs, as the government continues to disseminate information on their use, through health care centers. Although the subject of abortion was heavily discussed in relation to the RH Law, the law does not legalize abortion.
The passage of the legislation was controversial and divisive, with academics, religious institutions, and politicians declaring their support or opposition while it was pending in the legislature. Heated debates and rallies supporting and opposing the Bill took place nationwide. The Supreme Court of the Philippines delayed the implementation of the law in March 2013 in response to challenges. In April 2014, the Court ruled the law was "not unconstitutional" but struck down eight provisions partially or in full.
The history of reproductive health law in the Philippines dates back to 1967 when President Ferdinand Marcos was among the heads of state who signed the Declaration on Population. The 30 countries who participated in the signing of the declaration were acknowledged by U.N. Secretary-General U Thant during a United Nations ceremony on December 11, 1967, a day after Human Rights Day. The Philippines agreed the population problem should be considered as the principal element for long-term economic development. Thus, the Population Commission was created to push for a lower family size norm and provide information and services to lower fertility rates.
Starting in 1967, the United States Agency for International Development began shouldering 80% of the total family planning commodities of the country, which amounted to $3 million annually. In 1975, the U.S. adopted as its policy the National Security Study Memorandum 200: Implications of Worldwide Population Growth for U.S. Security and Overseas Interests. The policy gives "paramount importance" to population control measures and the promotion of contraception among 13 populous countries, including the Philippines, to control rapid population growth which they deem to be inimical to the sociopolitical national interests of the U.S., since the "U.S. economy will require large and increasing amounts of minerals from abroad", and these countries can produce destabilizing opposition forces against the U.S. It recommended the U.S. leadership to "influence national leaders" and that "improved world-wide support for population-related efforts should be sought through increased emphasis on mass media and other population education and motivation programs by the UN, USIA, and USAID."
Different presidents had different points of emphasis. President Marcos pushed for a systematic distribution of contraceptives all over the country, a policy that was called "coercive", by its leading administrator. The Corazon Aquino administration focused on giving couples the right to have the number of children they prefer, while Fidel V. Ramos shifted from population control to management. Joseph Estrada used mixed methods of reducing fertility rates, focusing on mainstreaming natural family planning.
In 1989, the Philippine Legislators' Committee on Population and Development was established, "dedicated to the formulation of viable public policies requiring legislation on population management and socio-economic development". In 2000, the Philippines signed the Millennium Declaration and committed to attaining the Millennium Declaration Goals by 2015, which include promoting gender equality and health. In 2003, USAID started its phase out of a 33-year-old program by which free contraceptives were given to the country. Aid recipients such as the Philippines, faced the challenge to fund its own contraception program. In 2004, the Department of Health introduced the Philippines Contraceptive Self-Reliance Strategy, arranging for the replacement of these donations with domestically provided contraceptives. In August 2010, the government announced collaborative work with the USAID in implementing a comprehensive marketing and communications strategy in favor of family planning called They Have a Plan.
Content
Sections
The basic content of the Consolidated Reproductive Health Bill is divided into the following sections.SEC. 1. The Responsible Parenthood and Reproductive Health Act of 2012
SEC. 2. Declaration of Policy
SEC. 3. Guiding Principles
SEC. 4. Definition of Terms
SEC. 5. Midwives for Skilled Attendance
SEC. 6. Emergency Obstetric Care
SEC. 7. Access to Family Planning
SEC. 8. Maternal and Newborn Health Care in Crisis Situations
SEC. 9. Maternal Death Review
SEC. 10. Role of the Food and Drug Administration
SEC. 11. Procurement and Distribution of Family Planning Supplies
SEC. 12. Integration of Family Planning and Responsible Parenthood Component in Anti-Poverty Programs
SEC. 13. Roles of Local Government in Family Planning Programs
SEC. 14. Benefits for Serious and Life-Threatening Reproductive Health Conditions
SEC. 15. Mobile Health Care Service
SEC. 16. Mandatory Age-Appropriate Reproductive Health and Sexuality Education
SEC. 17. Additional duty of the local population officer
SEC. 18. Certificate of Compliance
SEC. 19. Capability Building of Barangay Health Workers
SEC. 20. Pro Bono Services for Indigent Women
SEC. 21. Sexual and Reproductive health
SEC. 22. Right to Reproductive Health Care Information
SEC. 23. Implementing Mechanisms
SEC. 24. Reporting Requirements
SEC. 25. Congressional Committee
SEC. 26. Prohibited Acts
SEC. 27. Penalties
SEC. 28. Appropriations
SEC. 29. Implementing Rules and Regulations
SEC. 30–32. Separability Clause, Repealing Clause, Effectivity
Summary of major provisions
The bill mandates the government to "promote, without biases, all effective natural and modern methods of family planning that are medically safe and legal."Although abortion is recognized as illegal and punishable by law, the bill states that "the government shall ensure that all women needing care for post-abortion complications shall be treated and counseled in a humane, non-judgmental and compassionate manner".
The bill calls for a "multi-dimensional approach" integrates a component of family planning and responsible parenthood into all government anti-poverty programs. Age-appropriate reproductive health and sexuality education is required from grade five to fourth year high school using "life-skills and other approaches."
The bill also mandates the Department of Labor and Employment to guarantee the reproductive health rights of its female employees. Companies with fewer than 200 workers are required to enter into partnership with health care providers in their area for the delivery of reproductive health services.
Employers with more than 200 employees shall provide reproductive health services to all employees in their own respective health facilities. Those with fewer than 200 workers shall enter into partnerships with health professionals for the delivery of reproductive health services. Employers shall inform employees of the availability of family planning. They are also obliged to monitor pregnant working employees among their workforce and ensure they are provided paid half-day prenatal medical leaves for each month of the pregnancy period that they are employed.
The national government and local governments will ensure the availability of reproductive health care services like family planning and prenatal care.
Any person or public official who prohibits or restricts the delivery of legal and medically safe reproductive health care services will be meted penalty by imprisonment or a fine.
Support
Free choice regarding reproductive health enables people, especially the poor, to have the number of children they want and can feasibly care and provide for. There are several studies cited by those who support the bill:- Economic studies, especially the experience in Asia, show that rapid population growth and high fertility rates, especially among the poor, exacerbate poverty and make it harder for the government to address it.
- Poverty incidence is higher among big families. Smaller families and wider birth intervals could allow families to invest more in each child's education, health, nutrition and eventually reduce poverty and hunger at the household level
- Studies show that 44% of the pregnancies in the poorest quintile are unanticipated, and among the poorest women who would like to avoid pregnancy, at least 41% do not use any contraceptive method because of lack of information or access and "among the poorest families, 22% of married women of reproductive age express a desire to avoid pregnancies but are still not using any family planning method"
- Use of contraception, which the World Health Organization has listed as essential medicines, will lower the rate of abortions as it has done in other parts of the world, according to the Guttmacher Institute
- An SWS survey of 2008 showed that 71% of the respondents are in favor of the bill