ii. Effects of failure to implement the RPRHA
The delays in determining the legality of the RPRHA have had a number of follow-on effects.
By way of example, the members of the National Implementation Team (the body tasked with
managing the implementation of RPRHA) were only appointed following an order issued in
January 2015 by the DOH—9 months after the Court’s decision in Imbong v Ochoa and more
than 2 years from the enactment of the RPRHA.63 While the National Implementation Team
has already submitted its 2015 annual consolidated report to the Congressional Oversight
Committee, 64 there is no publicly available information on any steps taken by the latter to
monitor and ensure the implementation of the law.65
Further, the DOH has publicly acknowledged that the suspension imposed by the Court also
restricted access to financing for the implementation of the RPRHA.66 Recent budget cuts for
contraceptives by the Senate have also undermined the implementation of the RPRHA.67 For
2016, it is unclear whether adequate financial resources for the full implementation of the
RPRHA will be allocated in the Php128.4 billion (approximately USD2.6 billion) proposed
budget of the DOH.68
c. Delisting of emergency contraception
The Committee has long stressed that emergency contraception (EC) should be provided by
states parties as part of the full range of contraceptives available to women69 as referenced
under Article 12.70 In the Inquiry Report, the Committee noted the “prohibition of emergency
contraception”71 which came into effect when Postinor, an internationally recognized EC, was
delisted by the FDA from the Philippine registry of drugs in 2001.72 The Committee has urged
the Philippines to reintroduce EC,73 stressing that the Philippines needs to address the “unmet
need for contraception”, including EC,74 and that EC needs to be reintroduced in order to
“prevent early and unplanned pregnancies and in cases of sexual violence.”75 Data available
after the inquiry visit shows that over 10,000 women aged 15-49 have ever experienced sexual
violence76 with a higher incidence among women who have 5 or more children compared to
women with fewer children, or no children.77
The Committee also recommended that the state party “raise awareness about the benefits” of
EC78 and has found that failure to provide information about modern contraceptives and their
use also “violates article 10 (h) of the Convention, which requires states parties to provide
access to health-related education, including information and advice on family planning.”79 The
latest state party statistics indicate that only 15% of currently married women have heard of the
existence of EC.80
Despite the Committee’s recommendations in its Inquiry Report81 to relist Postinor, the FDA
has not taken any step to relist the drug. In 2012, the RPRHA was enacted which expressly
prohibits national hospitals from purchasing or acquiring EC.82 Since the publication of the
inquiry findings, the state has not taken any steps to amend this ban and relist Postinor or any
other EC method.
d. Lack of access to comprehensive sex education
In its Inquiry Report, the Committee called on the state party to ensure “the availability,
accessibility and affordability of reproductive health services”, 83 including access to
education, 84 and to strengthen existing mechanisms to ensure implementation of national
policies.85 As noted by the Committee, the state party has been unable to fulfil its obligations
under Article 16(1)(e) to provide access to information and Article 5 to eliminate gender
stereotypes86 and has recommended that the action be taken to integrate age-appropriate sex
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