reproductive health bill update

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“ A REVIEW / UPDATE” on the REPRODUCTIVE HEALTH BILL CFM Diocese of Cubao December 4, 2010

Ano ba ang Reproductive Health Bill ?:

3/24/2011 2 Ano ba ang Reproductive Health Bill ? RH Bill

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3/24/2011 3 Ito ay panukalang batas na isinulong muli ni Cong. Edcel C. Lagman sa kasalukuyang 15 th Congress na HB 96 at pinangalanang : “ THE REPRODUCTIVE HEALTH AND POPULATION AND DEVELOPMENT ACT OF 2010 (A bill that replaced HB 3773 & 5043 of the 13 th & 14th Congress) HB 96

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Ano ang nangyari sa H.B. 5043? 3/24/2011 4 Tulad ng mga unang RH bills na hindi pumasa sa mga nakaraang congreso , ang H.B. 5043 ay di rin pumasa sa nakaraang 14 th Congress.

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May pagkakaiba ba ang HB 5043 at ang bagong panukalang batas na HB 96? 3/24/2011 5 WALA

Anu-ano ang mga probisyon sa RH Bill na mahigpit na tinututulan ng CBCP at Simbahang Katoliko ?:

3/24/2011 6 Anu-ano ang mga probisyon sa RH Bill na mahigpit na tinututulan ng CBCP at Simbahang Katoliko ?

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Some notes on CBCP’s Position on the RH Bill (Addendum to the Pastoral Statement “Standing Up to the Gospel of Life”- Nov. 14, 2008) 3/24/2011 7

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According to the CBCP, the Bill has some good points – maternal, infant and child health & nutrition, promotion of breastfeeding, adolescent and youth health, elimination of violence against women. Such concerns do not even require new legislation since these are already managed through existing health, education and other legislation and policies. 3/24/2011 8

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In opposing the RH Bill, is the CBCP in effect against reproductive health, responsible parenthood and population development as such? A. The CBCP advocates authentic health care services, administered through programs and methods that respect the integrity of the human body and the dignity of the human person, never in the way that these concepts are presupposed , defined (or left undefined) and used by the draftsmen of the RH bill. 3/24/2011 9

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However, the Bill contains certain aspects that are seriously flawed , undermine the common good and violate fundamental and primary rights of Filipino families and individual citizens as provided for in the Constitution: 3/24/2011 10

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Article II, Section 12 of the Constitution says that the State shall “ protect the life of the mother and the life of the unborn from conception .” 1. The RH bill is unclear about its meaning of “conception” and of the moment when protection of human life begins. 3/24/2011 11

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This silence is alarming, for the Bill intends to promote “hormonal contraceptives, intrauterine devices, injectibles and other allied reproductive health products” (Sec. 9), some of which are intended precisely at preventing the implantation of early human life in its embryonic stage. 3/24/2011 12

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The Bill’s noticeable avoidance of any express reference to conception as the moment of fertilization renders the Constitution’s protection of life from the moment of conception meaningless . 3/24/2011 13

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2. Section 9 of HB 96 refers to the contraceptive products mentioned earlier (i.e., hormonal contraceptives, injectibles , intrauterine devices,etc .) as “essential medicines”. What pathologies are these “essential medicines” supposed to treat? Fertility is an earmark of health; it is not a disease. 3/24/2011 14

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Most of these so-called “reproductive health products” do not only cause the non-survival and termination of a newly-conceived human life ; they also imperil the life and health of the mother, as confirmed by the World Health Organization (WHO). 3/24/2011 15

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The State has a duty to “protect consumers…from hazardous products” (Art. XVI, Sec. 9, Constitution), and “to protect and promote the right to health of the people” (Art. II, Sec. 15, Ibid.). Health is a primary human right. 3/24/2011 16

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3/24/2011 17 3. Section 13 of HB 96 legislates a “Mandatory Age-Appropriate Reproductive Health Education” curriculum for public and private schools. (Grade 5 – High School) This will include, among others: Achieving ideal family size of two children per couple RH & Sexual Rights Management of post abortion complications Treatment of infertility and sexual dysfunction Family planning services and methods

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Such state-mandated Reproductive Health Education would violate the basic and primary right of parents in the rearing of children according to their religious convictions. (Art. II, Sec. 12, Ibid) & the conscience right of educators who will refuse to follow a curriculum that is hostile to their strongly held faith and religious convictions. 3/24/2011 18

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The State has a duty to “ defend . . . the right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood’, and “ the right of families or family associations to participate in the planning and implementation of policies and programs that affect them. ” (Art. XV, Sec. 3 & 4, Ibid.) 19

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4. Section 7 of HB 96 provides that : “Tubal ligation, vasectomy, intrauterine device insertion and other family planning methods requiring hospital services shall be available in all national and local government hospitals… For indigent patients, such services shall by fully covered by PhilHealth insurance and/or government financial assistance.” 3/24/2011 20

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It is unconscionable for the State – using tax-payers’ money – to provide harmful artificial contraceptive methods that also violate the religious belief of majority of its citizens – health workers included. 3/24/2011 21

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It is also greatly disturbing that Section 22 includes among “prohibited acts” the refusal of any health care service provider “to perform voluntary ligation and vasectomy and other legal and medically-safe reproductive health care services on any person of legal age on the ground of lack of spousal consent or authorization.” Sec22.a.2) 3/24/2011 22

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This is an affront on the autonomy of spouses , on “the sanctity of family life” (Art. II, Sec.12, Ibid.) and the spouses’ unity and mutuality in marriage, which is acknowledged in the Constitution as an “inviolable social institution” (Art. XV, Sec. 2, Ibid.) 3/24/2011 23

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5. Section 18 of HB 96 provides that : “Employers shall provide for the free delivery of a reasonable quantity of reproductive health care services, supplies, and devices to all workers…” 3/24/2011 24

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This provision mocks the conscience and rights of employers who will refuse to so act, on grounds of religious belief. After all, “ no law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. 3/24/2011 25

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“The free exercise and enjoyment of religious profession and worship, without discrimination nor preference, shall forever be followed” (Art. III, Sec. 5, Ibid.). This right is inviolable. 3/24/2011 26

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“Religious freedom is a fundamental right which is entitled to the highest priority and the amplest protection among human rights, for its involves the relationship of man to his Creator.” (German vs. Barangan , 135 SCRA 514) 3/24/2011 27

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6. HB 96’s Sec. 22 (e) penalizes “any person who maliciously engages in disinformation about the intent or provisions of this Act.” As to what constitutes “malicious disinformation ”, the Bill is silent. It is basic that “ no law shall be passed abridging the freedom of speech….of expression …” (Article III, Section 5, Constitution). 3/24/2011 28

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SEC. 23. Penalties. – The proper city or municipal court shall exercise jurisdiction over violations of this Act and the accused who is found guilty shall be sentenced to an imprisonment ranging from one (1) month to six (6) months or a fine ranging from Ten Thousand Pesos (P10,000.00) to Fifty Thousand Pesos(P50,000.00) or both such fine and imprisonment at the discretion of the court. 3/24/2011 29

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If the offender is a juridical person, the penalty shall be imposed upon the president, treasurer, secretary or any responsible officer. An offender who is an alien shall, after service of sentence, be deported immediately without further proceedings by the Bureau of Immigration. 3/24/2011 30

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An offender who is a public officer or employee shall suffer the accessory penalty of dismissal from the government service. Violators of this Act shall be civilly liable to the offended party in such amount at the discretion of the proper court. 3/24/2011 31

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3/24/2011 32 HB96 is patently unconstutional . It conflicts with the Constitution and other legislation. 2. Destructive of public morals and family values . It seeks to legislate a sex-oriented lifestyle instead of a mutually fulfilling conjugal life. IN SUMMARY: HB 96

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3/24/2011 33 3. Unjust to Catholic taxpayers who constitute the majority. They will pay for programs which are against their moral and religious convictions. 4. Based on flawed population premise : a) the few are not always richer b) the many are not always poorer

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3/24/2011 34 5. Undermines freedom of conscience 6. Assumes that the State is omnipotent, and may control and supervise the most intimate private lives of men and women 7. Promotes a heavy handed policy towards disagreement – like in totalitarian states

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3/24/2011 35 8. Potentially restricts freedom of speech 9. Seeks to eliminate the poor while paying lip service to their cause 10. While it neither mandates a 2-child policy nor legalizes abortion, it prepares the ground for both.

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3/24/2011 36 11. Violates the Right of Parents 12. Violates Conjugal Rights 13. Violates the Right to Health –thru use of harmful substances for family planning 14. Violates international standards of conscience protection

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MOST OF ALL H.B. 96 VIOLATES Article II, Section 12 of the Constitution which says that “the State shall protect the life of the mother and the life of the unborn from conception.” 3/24/2011 37

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3/24/2011 38 Parents Killing Children Children Killing Parents “EUTHANASIA” o PAGPATAY SA MATATANDA KULTURA NG KAMATAYAN “ABORTION” o PAGLALAGLAG

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3/24/2011 39 KULTURA NG PAG-IBIG AT BUHAY PAG-IIBIGAN NG MAG-ASAWA NAGBUBUNGA NG BAGONG BUHAY

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With the strong resistance shown by our Prolife Representatives in the last Congress and the vigilance and continuous prayers of our anti-RH Bill advocates , HB 5043 did not reach the congress floor for assembly debate and found its way once again in the archives. 3/24/2011 40

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However, we cannot “rest on our laurels”. Our victory is once again only temporary since as anticipated, we now have HB 96 which was filed by Cong. Edcel C. Lagman in the current congress last July 1, 2010. 3/24/2011 41

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Ipaalam sa ating Kinatawan sa Congreso ang ating PAGTUTOL sa pamamagitan ng “isang signature campaign” at ipadala ito sa kanyang tanggapan. Ibahagi sa ating mga kapitbahay at mga kaibigan ang mga dahilan kung bakit tayo tutol sa panukalang batas na ito. 3/24/2011 42

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3/24/2011 43 to FAMILY FOREVER Yes ! It is ANTI-LIFE & ANTI-FAMILY REPRODUCTIVE HEALTH BILL NO 2

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3/24/2011 44 “Sa pamilya nakasalalay ang kinabukasan ng sangkatauhan.” “Tulad ni Kristo, maging ilaw kayo ng mundo.” Maraming Salamat Po!!! “Totus Tuus”