VI. The CEDAW Committee’s Recommendations States parties should implement a comprehensive national strategy to promote women’s health throughout their lifespan. This will include interventions aimed at . . . ensur[ing] universal access for all women to a full range of high-quality and affordable health care, including sexual and reproductive health services. a. reintroducing misoprostol to help prevent maternal mortality and morbidity; The Committee affirmed that Philippine national government is ultimately responsible for ensuring the protection of women’s reproductive rights, even where local governments have the authority to regulate aspects of women’s health care. b. ensuring that women experiencing abortion-related complications are neither reported to law enforcement nor subjected to abuse, threats, discrimination, stigma, or delays in or denial of care; [A]ctions of a mayor, his office and all other municipal officers, in their official capacity, are attributable to the State party, as they are state organs . . . . c. establishing policies and mechanisms that protect patients’ privacy and allow them to, without fear of retaliation, file complaints concerning abuse and discrimination; and The decentralization of power . . . does not in any way negate or reduce the direct responsibility of the [national] Government to fulfil its obligations to all women within its jurisdiction. In all circumstances, the State party . . . remains responsible for ensuring full implementation throughout the territories under its jurisdiction. In any process of devolution, States parties have to make sure that the devolved authorities have the necessary financial, human and other resources to effectively and fully implement the obligations of the State party under the Convention. —CEDAW General Recommendation 28, para. 39 The Committee’s inquiry report clarifies the steps that must be taken by the Philippine government to comply with its international legal obligations to respect, protect, and fulfill women’s reproductive rights. The report calls on the Philippine government to undertake the following measures: • Improve access to contraception and other sexual and reproductive health services and information by a. implementing the Magna Carta of Women and RPRH Act to guarantee women’s access to effective methods of family planning and the full range of reproductive health services and information; b. addressing the unmet need for contraception, particularly in the City of Manila and for economically disadvantaged women and adolescent girls, by ensuring universal and affordable access to sexual and reproductive health services, commodities, and information; c. providing adequate funding at the national and local levels and considering including modern contraceptive methods within the public health insurance system; d. reintroducing and promoting emergency contraception, including among adolescent girls, to prevent early and unplanned pregnancies and in cases of sexual violence; and CENTER FOR REPRODUCTIVE RIGHTS • Provide access to quality post-abortion care in all public health facilities by —CEDAW General Recommendation 24, para. 29 —CEDAW inquiry report, para. 21 10 e. regulating the practice of conscientious objection among health care professionals in order to protect women’s decision making with regard to their sexual and reproductive health and ensure their access to such services, as well as guaranteeing that alternative health care professionals are available in cases of conscientious objection. d. researching the incidence of unsafe abortions in the country and its impact on women’s health and maternal mortality and morbidity. • Review and repeal discriminatory laws, including EOs 003 and 030, to clarify that women have a right to contraceptive information and services as guaranteed in the RPRH Act and the Magna Carta of Women; and repeal articles 256–259 of the country’s penal code in order to decriminalize abortion and legalize it on certain grounds. • Strengthen existing machineries and establish new mechanisms to ensure compliance with international obligations and accountability by a. strengthening the Philippine Commission on Women and the Commission on Human Rights in terms of their financial, technical, and human resources, and strengthening coordination and reporting mechanisms between the DOH and local health centers and departments to ensure the implementation of national polices and strategies; b. reducing the negative impact of decentralization through the establishment of monitoring and oversight mechanisms to ensure local government units’ strict compliance with international standards; c. allowing the Commission on Human Rights to receive and investigate complaints on violations of reproductive rights and to ensure women’s access to effective legal remedies; d. ensuring that guidelines, procedures, and complaints mechanisms are in place at the local government level to protect women from abuse and discrimination and to investigate complaints and impose sanctions where necessary; and e. engaging with the international community with regard to technical support and financial aid, and strengthening ties with civil society organizations to enhance access to sexual and reproductive health services, commodities, and information. ACCOUNTABILITY FOR DISCRIMINATION AGAINST WOMEN IN THE PHILIPPINES 11