Some of the issues arising from the implementation of the RH Law were already discussed in the
previous sections: the adverse socio-economic environment faced by many women which renders
basic capabilities of livelihood, education, health service and protection against gender-based
discrimination difficult to attain; the invisibility of certain groups of women in official statistics and
narratives of development (e.g. IP women, Moro women, women with disabilities, women of across
the diverse range of sexual orientation and gender identity); and the continued opposition to the RH
law itself which is regarded as a threat to life and a violation of the Philippine Constitution. These
are in addition to the general issues cutting across the health sector including lack of health facilities
and trained personnel, low budget support for health programs from the national to the local levels
of government, and commercialization of health care.
Violations of the RH Law
The CHR documented the following violations of the RH Law as well as related provisions under
the Magna Carta of Women in 2016: the selective implementation of the RH Law in certain LGUs,
notably in Manila and Sorsogon (see discussion below), the stigmatization of abortion among health
service providers which hinders women in life-threatening situations from accessing post-abortion
care, penalization of home births despite having no national policy authorizing such. In Region X,
contracts of female nurses and midwives in the NDPs stipulate their dismissal in the case of
pregnancy, which is a clear violation of the Magna Carta of Women.
It is also a gap in the implementation of the RH Law when family planning supplies and services do
not reach all women, particularly those in geographically remote areas and other women who would
be hard-pressed to access these without government support or subsidy. The latter refer to income
poor women who are represented across all sectors in society. In contrast, the CHR also interviewed
health workers who said that there is no lack of family planning supplies in their LGU; at times there
were even an excess of them. Factors affecting uneven distribution in their area related more to
issues of favoritism, kinship and partisanship.
Women with disabilities also face discrimination with regard access to RH services, which often
stems from the general insensitivity to their situation and lack of reasonable accommodation by
health facilities. The PWDs are also often excluded in the decision-making process on their health
because of communication issues on the part of service providers (e.g. there were no interpreters,
service provider did not explore other modes of communication which may be more
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accommodating of the PWD’s abilities).
Circumventing the RH Law
The Supreme Court decision on Imbong vs Ochoa upheld the right of health workers, whether
employed in public or private agencies, to conscientious objection (i.e., they can refuse to provide
RH programs and services, or support them, when these are contrary to their moral and religious
beliefs), provided that these are outside the context of life threatening situations. However, some
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This was specifically reported in the NCR, Cagayan de Oro and Bukidnon cluster in the CHR public forum on RH
(CHR, 2016)
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RH Situationer: Phlippines (November 2017)
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