found that “the shame and stigma associated with the criminalization of abortion” can
exacerbate the physical and mental anguish a pregnant woman experiences.39 The U.N.
Committee on the Elimination of Discrimination against Women (CEDAW Committee) has
similarly found that criminalizing abortion “serves no known deterrent value…[and] has a
stigmatizing impact on women.”40
DIANE’S STORY: THE TRAGEDY OF ABUSE AND DENIAL OF CARE
Diane was repeatedly beaten by her partner. During one assault, her partner kicked her abdomen
while she was six months pregnant. Several weeks after the incident, Diane suspected that
something was wrong with her pregnancy. When she consulted a private clinic, she learned that
the fetus had died in utero and she urgently needed a procedure to avoid sepsis. She requested
the termination at four different government hospitals and was refused every time. The reasons for
denying the abortion varied. Some staff members inaccurately considered the evacuation of a
dead fetus as an abortion that is not allowed under the law. Others suspected that Diane had
induced an abortion and was therefore not deserving of proper care. There were also staff who did
not categorize her condition as an emergency in need of urgent treatment. A private birthing home
finally accepted her and agreed to clandestinely provide medical care without maintaining any
records of the procedure. The entire experience left Diane utterly traumatized.18
5. Criminalizing Abortion Perpetuates Gender Inequality
Gender inequality is a critical barrier toward achieving human development goals.41 In a
2016 report, the Philippines ranked 116 out of 188 countries on the Human Development
Index42 and 96 out of 159 countries on the Gender Inequality Index.43 Measuring the human
development costs of gender inequality, these indexes reflect how women in the Philippines
continue to face discrimination in various areas, including with respect to their reproductive
health. As part of the Sustainable Development Goals, governments are expected to promote
gender equality and empower women and girls.44 The Philippine Development Plan envisions
a “society where there is equality of opportunities” and identifies “inequality-reducing
transformation” as one of its major pillars to achieve the country’s developmental targets.45
To achieve gender equality, the Philippine government must take steps to overcome systemic
disadvantages faced by women and girls, particularly in the area of reproductive health given
their reproductive capacities and health needs.46
While the enactment of the RPRHA is a step toward improving women’s reproductive health,
abortion laws which criminalize health services that only women need are discriminatory
against women and perpetuate gender inequality.47 These kinds of laws discriminate against
women by undermining their capacity to make informed decisions about their bodies and lives.
Denying women access to abortion can also force them to carry an unwanted pregnancy to
term, which has been recognized as violating a range of fundamental human rights, including
the right to life, health, non-discrimination, privacy, and freedom from cruel, inhuman, and
degrading treatment as well as a woman’s right to decide the number and spacing of her
children.48 The government should recognize that ensuring access to safe and legal abortion
is as important as guaranteeing women equal access to basic social and economic services
such as education, employment, livelihood opportunities, social security, housing, water,
and sanitation.
CENTER FOR REPRODUCTIVE RIGHTS 7