(7)
(8)
(9)
(10)
(11)
(12)
Education and counselling on sexuality and reproductive health;
Treatment of breast and reproductive tract cancers and other gynecologic conditions
and disorders;
Male responsibility and involvement and men’s RH;
Prevention, treatment and management of infertility and sexual dysfunction;
RH education for the adolescents; and
Mental health aspect of reproductive health care.
As mentioned earlier in the overview of the paper, the law also recognizes the gendered realities of
women which may hinder their exercise of their reproductive rights, thus forwards measures to
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ensure that these are addressed, such as imposing penalties for non-compliance with the law.
These penalties are imposable on State and non-State actors. Section 23 of the RH Law, which
presents the list of prohibited acts, is worth quoting in full:
Section 23. Prohibited Acts. – The following acts are prohibited:
(a) Any health care service provider, whether public or private, who shall:
(1) Knowingly withhold information or restrict the dissemination thereof, and/or intentionally
provide incorrect information regarding programs and services on reproductive health
including the right to informed choice and access to a full range of legal, medically-safe,
non-abortifacient and effective family planning methods;
(2) Refuse to perform legal and medically-safe reproductive health procedures on any person of
legal age on the ground of lack of consent or authorization of the following persons in the
following instances:
(i) Spousal consent in case of married persons: Provided, That in case of disagreement, the
decision of the one undergoing the procedure shall prevail; and
(ii) Parental consent or that of the person exercising parental authority in the case of abused
minors, where the parent or the person exercising parental authority is the respondent,
accused or convicted perpetrator as certified by the proper prosecutorial office of the
court. In the case of minors, the written consent of parents or legal guardian or, in their
absence, persons exercising parental authority or next-of-kin shall be required only in
elective surgical procedures and in no case shall consent be required in emergency or
serious cases as defined in Republic Act No. 8344; and
(3) Refuse to extend quality health care services and information on account of the person’s
marital status, gender, age, religious convictions, personal circumstances, or nature of work:
Provided, That the conscientious objection of a health care service provider based on his/her
ethical or religious beliefs shall be respected; however, the conscientious objector shall
immediately refer the person seeking such care and services to another health care service
provider within the same facility or one which is conveniently accessible: Provided, further,
That the person is not in an emergency condition or serious case as defined in Republic Act
No. 8344, which penalizes the refusal of hospitals and medical clinics to administer appropriate
initial medical treatment and support in emergency and serious cases;
(b) Any public officer, elected or appointed, specifically charged with the duty to implement the
provisions hereof, who, personally or through a subordinate, prohibits or restricts the delivery of
legal and medically-safe reproductive health care services, including family planning; or forces,
coerces or induces any person to use such services; or refuses to allocate, approve or release any
budget for reproductive health care services, or to support reproductive health programs; or shall
do any act that hinders the full implementation of a reproductive health program as mandated by
this Act;
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Section 24, R.A. 10354
17
RH Situationer: Phlippines (November 2017)