1. Rationale and Background of the Inquiry
Worldwide, women with disabilities are confronted by systemic and structural barriers that
undermine their sexual and reproductive health and rights (SRHR1).2 UN Women declared access
to SRHR as one of the most critical concerns for women and girls with disabilities and asserted
that mainstreaming these concerns is fundamental to the attainment of the Sustainable
Development Goals (SDGs).3
The UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
and the UN Convention on the Rights of Persons with Disabilities (CRPD) guarantee the sexual
and reproductive health and rights of women with disabilities (WWDs). Both international
treaties have specific provisions on the protection of women and persons with disabilities,
particularly in matters pertaining to discrimination that threaten their SRHR, and at the same
time, calling for measures to ensure their equal access to reproductive health care.4
The Commission on Human Rights of the Philippines (CHRP), as a National Human Rights
Institution (NHRI), monitors the compliance of the State with its treaty obligations, including
those under the CEDAW and the UNCRPD. Designated as Gender and Development Ombud
(Gender Ombud) under the Magna Carta of Women (MCW), the Commission also monitors the
implementation of MCW provisions and other related laws—including the Responsible
Parenthood and Reproductive Health (RPRH) law.
In 2016, the CHRP, in partnership with the UN Population Fund (UNFPA), undertook a National
Inquiry on Reproductive Health and Rights. The findings revealed that women with disabilities
1
Reproductive rights embrace certain human rights that are already recognized in national laws, international
human rights documents and other consensus documents. These rights rest on the recognition of the basic right of
all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to
have the information and means to do so, and the right to attain the highest standard of sexual and reproductive
health. It also includes their right to make decisions concerning reproduction free of discrimination, coercion and
violence, as expressed in human rights documents (International Conference on Population and Development,
Programme of Action, Para 7.3). In the RPRH Law, the terminology used is reproductive health rights, which refers
to the rights of individuals and couples, to decide freely and responsibly whether or not to have children; the
number, spacing and timing of their children; to make other decisions concerning reproduction, free of
discrimination, coercion and violence; to have the information and means to do so; and to attain the highest
standard of sexual health and reproductive health. It noted that reproductive health rights do not include abortion,
and access to abortifacients.
2 ASEAN Secretariat. ASEAN Enabling Masterplan 20125: Mainstreaming the rights of persons with disability.
(ASEAN Secretariat, 15 November 2018) https://asean.org/asean-enabling-masterplan-2025-mainstreaming-rightspersons-disabilities/.
3
UN Women. Making SDGs Count for Women and girls with disabilities. http://www.unwomen.org//media/headquarters/attachments/sections/library/publications/2017/making-sdgs-count-for-women-withdisabilities.pdf?la=en&vs=2823
4 Article 12 of CEDAW, Article 23 (1) and 25 of the UNCRPD
2