As early as 2006, the CEDAW Committee has recommended for the Philippines to remove the punitive provisions on abortion. In its 2023 Concluding Observations, over 17 years later since its initial 2006 recommendation, the Committee on the Elimination of Discrimination against Women), reiterated its recommendations to the Philippine government to provide adequate access to safe abortion & post-abortion services for women and girls, including those who are located in rural areas, unmarried, and women and girls with disabilities.
A significant step towards women’s rights and gender equality is the reiteration of the Committee’s special inquiry recommendation in 2015 to amend Articles 256 – 259 of the Revised Penal Code to legalize abortion in cases of risk to the life or health of the pregnant woman, rape, incest or severe fetal impairment and decriminalize abortion in all other cases.
Jihan Jacob, Associate Director for Legal Strategies in Asia of the Center for Reproductive Rights stated that, “[T]he Committee’s 2015 special inquiry report reflected the findings of grave and systematic violations of reproductive rights and recommendations to improve the SRHR of women and girls in the country including by decriminalizing abortion and prioritizing women’s well-being over religious ideologies. The World Health Organization in its 2022 Abortion Care Guideline reaffirmed abortion as essential health care and recommended for its decriminalization. Despite these clear and well-documented recommendations, the government has repeatedly fallen short in its duty to act. These recommendations are not mere suggestions but reflect the human rights obligations of the government to fully realize reproductive rights in the country where over half of the female population are women of reproductive age.”
The 2015 recommendations to decriminalize abortion in all cases was reiterated in the CEDAW Committee’s 2016 Concluding Observations. As part of the follow-up reporting process, the Committee requested the government to provide, within two years, written information on steps taken to implement their recommendation to amend the Revised Penal Code to legalize and decriminalize abortion.
According to recent news reports, Sen. Jinggoy Estrada during the deliberation on the proposed 2024 budget of the Commission on Human Rights (CHR) threatened not to defend the proposed budget of the Commission allegedly because of their stance on the decriminalization of abortion. Executive Director Atty. Jacqueline Ann De Guia, in a statement in September 2022, expressed unequivocal support for the passage of progressive legislation that will empower and advance the rights of women and girls including the decriminalization of abortion, “CHR is also pushing for the passage of new pieces of legislation forwarding gender empowerment and women’s rights, such as the decriminalisation of abortion”. The CHR also recommended in November 2022 the decriminalization of abortion as part of its Priority Human Rights Legislative Agenda for the 19th Congress of the Philippines. “With this recommendation, the CHR has played a pioneering role in advancing women’s rights and realizing gender equality in country. Adherence and respect for human rights cannot and should not be used by the government to derail CHR’s budget deliberations”, Jacob added.
The historic march of reproductive justice activists, human rights defenders, advocates, and women and girls from all walks of life united and mobilized together to raise their collective voice for safe and legal access to abortion during the celebration of International Safe Abortion Day was held at Liwasang Diokno, Commission on Human Right last September 28, 2023.
Atty. Clara Rita Padilla, spokesperson of the Philippine Safe Abortion Advocacy Network, emphasized, “Contrary to the claims of certain legislators, many progressive predominantly Catholic countries allow abortion on broad grounds such as Belgium, Brazil, France, Hungary, Ireland, Italy, Portugal, and Spain. In addition, most former Spanish colonies with mostly predominant Catholic populations have liberalized their laws to allow abortion on certain grounds such as Argentina, Bahamas, Bolivia, Chile, Colombia, Costa Rica, Cuba, Ecuador, Guatemala, Jamaica, Mexico, Panama, Paraguay, Peru, Puerto Rico, Trinidad and Tobago, Uruguay, and Venezuela. In the 2023 law of Spain, 16- and 17-year-olds can undergo an abortion without parental consent.”
“Our legislators should be mindful that despite the Philippines being a predominantly Catholic country, we have about 1.26 million Filipino women who induce abortion yearly, and due to the archaic restrictive abortion law that was directly translated from the old Spanish Penal Code of 1870, there are about three women who die each day due to lack of access to safe abortion. I urge legislators to read the bill I drafted in 2020 to decriminalize abortion and call on them to step up and support the passage of the bill to decriminalize abortion to save women’s lives,” added Atty. Padilla.
Danica Shahana Magtubo, Youth SRHR Officer of WGNRR stated that “During the Presidential election in 2022, Ferdinand Marcos Jr expressed his support for women’s right to decide for their body, specifically on abortion. However, we have not seen this through legislation. We have not heard or felt the support any other than supporting legislation that will only impose further restrictions to SRHR and abortion access of women and girls in the country. We will continue to make the government accountable to its commitments and obligations. SRHR is not just an election topic, it is about the human rights of millions of Filipinos.”
“Penal law is not the answer. The restrictive archaic penal law on abortion has never reduced the number of Filipino women who induce abortion but only places their lives at risk due to lack of access to abortion. Maintaining this restrictive law perpetuates discrimination against women, undermines a woman’s personal decision, and imposes conservative religious beliefs on others,” Atty. Padilla elaborated and she explained further,” Moreover, not only women who induce abortion are affected by the restrictive abortion law but also women suffering from naturally occurring pregnancy complications such as spontaneous abortions or miscarriages, intrauterine fetal demise, and incomplete abortion where the women are denied access to even legal therapeutic abortions and post-abortion care.” “Intrusion upon women’s personal decision to discontinue their pregnancies is meant to control and subjugate women. Women should be free to decide on their bodies, lives, health, well-being and their future. This is basic to women’s right to equality and non-discrimination,” Atty. Padilla emphasized.
“Furthermore, the Commission on Human Rights is an independent constitutional body as enshrined in the Philippine Constitution. The Philippine government must comply with the UN Paris Principles to maintain the independence of CHR,” concluded Atty. Padilla.
Despite the recognition of human rights bodies and courts worldwide that SRHR, including abortion care, constitute healthcare and a crucial component of one’s fundamental human rights, the Philippine government persistently neglects women’s rights to bodily autonomy. It discriminates against all women and pregnant persons whose lives and health are jeopardized due to inadequate access to SRHR services, safe abortion, and the healthcare providers who are diligently upholding their sworn duty to safeguard the lives of these pregnant individuals.
Atty. Padilla added, “Therapeutic abortion is recognized as allowed in the Philippines to save the life of the woman and for medical necessity. Abortion to save the life of the woman has been supported by commentaries of constitutionalist and priest Fr. Joaquin Bernas; professors of forensic medicine to preserve the life and health of the woman (e.g., Pedro Solis), and for medical necessity under Philippine jurisprudence (1961 case of Geluz vs. CA, 2 SCRA 801). Legal experts such as Dean Pacifico Agabin, Judge Alfredo Tadiar, Atty. Clara Rita A. Padilla of EnGendeRights (spokesperson of PINSAN) and Atty. Jihan Jacob of the Center for Reproductive Rights (PINSAN member) and reproductive rights activists such as Princess Nemenzo, Mercedes Fabros, and Dr. Florence M. Tadiar (members of PINSAN), among others, have long advocated for decriminalization of abortion and women’s access to safe abortion and post-abortion care.”
Various conditions that could fall under therapeutic abortion are, as follows:
1. Risks to woman’s or a girl’s life or physical or mental health of the woman including prevention of life-long disability:
Pregnant women with conditions such as dwarfism, hypertensive disorders (12-14% of maternal deaths) and other cardiovascular disease, tuberculosis, diabetes, bronchial asthma, goiter, HIV, malaria, severe anemia, malnutrition, and pregnant women who are less than 18 or greater than 35 years of age, have a fourth or more children, are battered by their husbands or partners, have spinal metal plates;
Women who are suicidal or have mental health concerns including those who are suicidal because of their pregnancy;
Broad social and economic concerns can impact women’s mental health status;
Women with extreme preterm premature rupture of membranes (PPROM) before 26 weeks of gestation;
Women with cancer;
2. Pregnancy condition (See International Federation of Gynecology and Obstetrics (FIGO) guidelines on pregnancy diagnosis stating “[t]he decision to continue or terminate the pregnancy should always rest with the woman.”)[1]
3. Rape or incest
Although therapeutic abortion is recognized as allowed in the Philippines, the problem is lack of information and the pervasive judgment imposed on women who induce abortion, hence, decriminalizing abortion is an important step towards eliminating discrimination against women and ensuring women’s access to reproductive health services.
The Philippine government unequivocally supports access to therapeutic abortion, paving the way to decriminalize abortion, by citing in its 2019 state party report to the Human Rights Committee, that women and health providers do not incur criminal liability based on the general principles of criminal legislation on the ground of necessity under Article 11, paragraph 4, of the Revised Penal Code justifying abortion to “protect the life and health of pregnant women.”[2]
The Philippine Commission on Women (PCW) recommended that “justified abortion in circumstances where ‘continuation of pregnancy endangers the life of the pregnant woman or seriously impairs her physical health’ should…be considered.”
Other countries with the same constitutional prenatal protection allow abortion such as Costa Rica, Hungary, Kenya, Poland, Slovak Republic, and South Africa. These examples show that the Constitution, being the law of the people, is justifiably interpreted liberally in favor of women.
“The Philippine Constitution must be liberally construed to save the lives of Filipino women and prevent disability resulting unsafe abortion complications. The Philippine Constitution, an evolving law and the law of the Filipino people that guarantees constitutional rights, must be construed liberally to save the lives of Filipino women and prevent disability resulting from complications from unsafe abortion and that the woman’s right to life encompasses her physical, mental, emotional, psychological well-being,” Atty. Padilla added.
The CEDAW Committee is a body of independent experts that monitors the implementation of the Convention on the Elimination of All Forms of Discrimination against Women. Apart from CEDAW, several human rights bodies such as the Committee on the Rights of the Child, Human Rights Committee, and the Committee on Economic, Social, and Cultural Rights, and the Committee against Torture have also issued similar recommendations on SRHR.
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[1] e.g., anencephaly, multi-organ malformations, transposition of the great blood vessels, active rubella infection in early pregnancy, etc; Termination of pregnancy after 22 weeks following prenatal diagnosis must not be presented as an abortion, but as a pharmacologically-induced premature delivery, with full maternal pain relief and professional birth attendance as per the 2007 FIGO ethical guidance on “Ethical aspects of termination of pregnancy following prenatal diagnosis.” ETHICAL ASPECTS CONCERNING TERMINATION OF PREGNANCY FOLLOWING PRENATAL DIAGNOSIS, (June 2007), Ethical Issues In Obstetrics And Gynecology by the FIGO Committee for the Study of Ethical Aspects of Human Reproduction and Women’s Health (October 2015), available at https://www.figo.org/sites/default/files/uploads/wg-publications/ethics/FIGO%20Ethical%20Issues%2015.pdf4893.pdf; In March 2012, FIGO came out with their Ethical Issues in the Management of the Severe Congenital Anomalies with recommendations including “[w]omen carrying a fetus with severe congenital anomalies or one at high risk for long term severe disability have the right to discuss and access a termination of pregnancy. The decision to continue or terminate the pregnancy should always rest with the woman.” Ethical Issues In The Management Of The Severe Congenital Anomalies (March 2012), Ethical Issues In Obstetrics And Gynecology by the FIGO Committee for the Study of Ethical Aspects of Human Reproduction and Women’s Health (October 2015), available at https://www.figo.org/sites/default/files/uploads/wg-publications/ethics/FIGO%20Ethical%20Issues%202015.pdf4893.pdf.
[2] Office of the President, Philippine Commission on Women, Letter from Ms. Emmeline Verzosa, Executive Director of PCW, to Mr. Geronimo Sy, Assistant Secretary of the Department of Justice (July 22, 2014), available at https://bit.ly/2Jzykli.
You can check these resources on the Decriminalization of Induced Abortion:
- Read the full text of the draft Decriminalize Abortion Bill. The explanatory note is akin to sexuality education, gender, gender-based violence, SOGIE, freedom of religion/belief, right to privacy, human rights module;
- A Filipino woman or girl is raped every 75 minutes. About one in every 8 Filipino women who induce abortion are rape survivors. Read this Opinion piece.
- Read this Opinion on Why We Need To Decriminalize Abortion.
- Read the Reasons Why We Need to Decriminalize Abortion by Atty. Clara Rita A. Padilla, Fellow at the International Reproductive and Sexual Health Law Program, Faculty of Law, University of Toronto.
- Check this out: Clamor to Decriminalize Abortion in the Philippines.
- Read this news about allowing therapeutic abortion in the Philippines by the Philippine Daily Inquirer.
- Check out this article on Lancet Abortion article lancet The Spectre of Unsafe Abortions in the Philippines published on December 2022.
- Check this out: Saving Women’s Lives: National Policy on the Prevention and Management of Abortion Complications (DOH AO No. 2016-0041) – Frequently Asked Questions by EnGendeRights and Philippine Safe Abortion Advocacy Network (PINSAN), December 2017.
- Check this out: Flyer providing information for women who need post-abortion care services (“Did you have an abortion? Are you bleeding?”).
- Check this out: Poster about post-abortion care-friendly health facilities.
Be counted as a supporter of the Decriminalization of Induced Abortion. Add your name to the sign-on petition at change.org/