2-The Right to Health
The petitioners claim that the RH Law violates the right to health because it requires the
inclusion of hormonal contraceptives, intrauterine devices, injectables and family products
and supplies in the National Drug Formulary and the inclusion of the same in the regular
purchase of essential medicines and supplies of all national hospitals.176 Citing various studies
on the matter, the petitioners posit that the risk of developing breast and cervical cancer is
greatly increased in women who use oral contraceptives as compared to women who never
use them. They point out that the risk is decreased when the use of contraceptives is
discontinued. Further, it is contended that the use of combined oral contraceptive pills is
associated with a threefold increased risk of venous thromboembolism, a twofold increased
risk of ischematic stroke, and an indeterminate effect on risk of myocardial
infarction.177 Given the definition of "reproductive health" and "sexual health" under Sections
4(p)178 and (w)179 of the RH Law, the petitioners assert that the assailed legislation only seeks
to ensure that women have pleasurable and satisfying sex lives.180
The OSG, however, points out that Section 15, Article II of the Constitution is not selfexecutory, it being a mere statement of the administration's principle and policy. Even if it
were self-executory, the OSG posits that medical authorities refute the claim that
contraceptive pose a danger to the health of women.181
The Court's Position
A component to the right to life is the constitutional right to health. In this regard, the
Constitution is replete with provisions protecting and promoting the right to health. Section
15, Article II of the Constitution provides:
Section 15. The State shall protect and promote the right to health of the people and instill
health consciousness among them.
A portion of Article XIII also specifically provides for the States' duty to provide for the health
of the people, viz:
HEALTH
Section 11. The State shall adopt an integrated and comprehensive approach to health
development which shall endeavor to make essential goods, health and other social services
available to all the people at affordable cost. There shall be priority for the needs of the
underprivileged, sick, elderly, disabled, women, and children. The State shall endeavor to
provide free medical care to paupers.
Section 12. The State shall establish and maintain an effective food and drug regulatory
system and undertake appropriate health, manpower development, and research, responsive
to the country's health needs and problems.
Section 13. The State shall establish a special agency for disabled person for their
rehabilitation, self-development, and self-reliance, and their integration into the mainstream
of society.
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