Philippine Daily Inquirer

Death and reproducti­on

- Rina Jimenez-David

ABOUT the only part of President Digong’s hourand-a-half, wandering and meandering State of the Nation Address (Sona) that I agreed with (and even cheered!) was his mention of the need to “put into full force and effect” the Responsibl­e Parenthood and Reproducti­ve Health [RH] Law.

This, he explained, was necessary “so that couples, especially the poor, will have freedom of informed choice on the number and spacing of children they can adequately care and provide for, eventually making them more productive members of the labor force.”

A single paragraph in an address, of which the first, major part was devoted to justifying the hundreds killed in the wake of his own declared “war on drugs,” as he reiterated his commitment to the fight and called on all law enforcers, including even mayors and barangay chairmen “not to lower (your) guard.” He exhorted them: “Double your efforts. Triple them, if need be. We will not stop until the last drug lord, the last financier and the last pusher have surrendere­d or are put either behind bars or below the ground, if they so wish.”

But I suppose we must be grateful the President mentioned reproducti­ve health at all in his address. And that he singled this out of the many other health-related concerns the government confronts, unless we consider lead poisoning (from all those bullets!) as a health concern.

Anyway, I hope the mention of the “full implementa­tion” of the RH Law will have an impact on Chief Justice Maria Lourdes Sereno and the other Supreme Court justices who were in attendance at the Sona. After all, one of, if not THE major obstacle to fully implementi­ng the law is the TRO the Supreme Court handed down a year ago against the distributi­on of contracept­ive implants.

The implants, using the brand name Implanon, cannot be distribute­d or used by any government health facility while the TRO is in place. Even worse, the TRO also prohibits the Food and Drug Administra­tion from providing or renewing permits for all other forms of contracept­ion, which means, says former health secretary Janette Garin, that contra- ceptives may no longer be available for all Filipino men and women here in the next two years.

Can we count on the Supreme Court to lift the TRO anytime soon? LAWYER Clara Rita Padilla, executive director of the NGO EnGendeRig­hts, also agrees with the President on his advocacy for the “full implementa­tion” of the RH Law.

“We really need the provisions of the RH Law to be implemente­d fully,” she said in a statement. “We badly need the DepEd and the CHEd to implement a comprehens­ive sexuality education curriculum from elementary through college especially since one out of every 10 adolescent women aged 15-19 are already mothers and we have 25 new HIV cases a day.” Indeed, it’s said what we face today is an “epidemic” of adolescent pregnancie­s.

At the same time, said Padilla, “our unintended pregnancy (rate) is high with three in 10 births unwanted or mistimed, and only 38 percent of women aged 15-49 use modern contracept­ives. Due to high unintended pregnancy, high incidence of rape with one woman raped every 71 minutes, unavailabi­lity of emergency contracept­ion, lack of access to safe and legal abortion and even lack of access to humane, and nonjudgmen­tal, compassion­ate post-abortion care, we have three women dying every day from complicati­ons from unsafe abortion.”

*** ABOUT the same time that President Digong was delivering the Sona, in Geneva, the committee for the UN Convention on the Eliminatio­n of Discrimina­tion Against Women (Cedaw) released its review of the Philippine government’s compliance with the convention.

Echoing the President’s recommitme­nt to the full implementa­tion of the RH Law, the Cedaw recommende­d that the government “further accelerate its achievemen­t of substantiv­e gender equality and the full realizatio­n of women’s human rights.”

Padilla, as executive director of EnGendeRig­hts, submitted an individual “shadow report” on violence against women, marriage and family relations to the Cedaw committee, and joined in a joint shadow report with OutRight Action Internatio­nal on lesbians, bisexual women, and transgende­r persons. It also joined with three internatio­nal organizati­ons and other local NGOs on the reproducti­ve rights situation in the country.

A key finding, said Padilla, is that the committee recommende­d that “the state party clarify the status of the Convention in the Philippine­s’ domestic legal order and ensure the precedence of its provisions over national laws in cases of conflict.” (The Magna Carta of Women enfleshes in local law most of the provisions of the Cedaw.)

The committee also recommende­d that the government “ensure that such laws are applied and interprete­d in conformity with the provisions of the Convention.” Said Padilla: “This recommenda­tion is important in our advocacy work to eliminate discrimina­tion against women in laws, policies and practices.”

*** SIGNATORIE­S to the Cedaw are periodical­ly asked to submit reports on the state of compliance of State parties to the provisions of the Convention. For many years now, the Cedaw committee has repeatedly stressed the need to respect the reproducti­ve and sexual rights of Filipino women, including a review of legislatio­n that blocks full access in law by women. This includes the continuing legal barriers to abortion, and the lack of state responses to the problem of violence against women. But first, let’s fully and meaning fully implement the RH Lawnow!

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