11. Restrictive Abortion Laws HaveĀ Got to Go
Prompt: What is currently illegal in your country that you think should be legal? Why?
For the past few weeks in the STCQC Alumni Association Facebook group, there's been a heated debate about the morality of abortion. It has been quite the messy debate with a lot of name-calling and some shaming, but I think this whole debate just further affirms my stance on the topic.Ā I believe that abortion should be a legalised practice in the Philippines and that uterus-bearers should have safe access to this procedure.Ā Ā
The Philippines is one of the countries with the most restrictive policies regarding abortion. Since the Spanish rule, it has been criminalized and do not contain any exceptions that allow abortions, not even to protect the health of the bearer. āTherapeutic abortionā may be allowed under justifiable grounds such as rape and incest but there are no explicit provisions and there are various other reasons why bearers choose to undergo abortion such as the inability to provide for the child, having more children than initially planned, and health risks. Physicians and midwives who do conduct an abortion even with the bearerās consent could face jail time and risk the suspension or revocation of their medical licenses. Add cultural and religious stigma surrounding reproductive health that work to āpunishā these people to the mix, and the result is an environment that risks the health of the bearer and various barriers towards medical treatment.Ā To illustrate the severity of the situation, about 600,000 Filipino bearers had abortions in 2012.Ā Many, especially the poor and marginalized, turn to unlicensed doctors, folk medicine and even self-induced methods which could add to further complications.Ā It is estimated that about 1000 die every year from related complications, which contributes to the countryās high maternal mortality rate.Ā Despite the provisions of the Reproductive Health Law that could potentially reduce maternal mortality, its full implementation has yet to be realized.Ā
Given the status quo, itās clear that criminalizing the procedure failed to stop it all-together and only creates a discriminatory and dangerous environment for those who need it. I believe that legalizing abortion and approaching it as a healthcare issue is a way to ensure that bearers would be able to receive abortion and post-care safely. In 2016, two U.N. Committee on Economic, Social and Cultural Rights (ESCR) and two other U.N. committees recommended that the Philippine government take measures to reduce the incidence of unsafe abortions and maternal mortality like amending the abortion law, improving access to contraceptives and sex education. Moreover, the World Health Organization suggests policies should be geared towards respecting and protecting the rights of women, achieving positive health outcomes and providing quality reproductive health services.Ā
Beyond legalization, there are still challenges to address such as the cost and accessibility of the abortion procedure, but at the moment, policymakers need to take the first steps towards decriminalization. It is understandably a sensitive topic, but Iām optimistic that even against the odds, it will gain traction to promote reproductive rights and fair healthcare.Ā Ā
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References:
Center for Reproductive Rights. n.d. Facts On Abortion In The Philippines: Criminalization And A General Ban On Abortion. [online] Available at: <https://www.reproductiverights.org/sites/crr.civicactions.net/files/documents/pub_fac_philippines_1%2010.pdf> [Accessed 3 October 2020].
Padilla, C. and Padilla, M., 2018. [OPINION] ItāS Time For The Philippines To Decriminalize Abortion. [online] Rappler. Available at: <https://www.rappler.com/voices/thought-leaders/time-decriminalize-abortion-philippines> [Accessed 3 October 2020].
Guttmacher Institute. 2013. Unintended Pregnancy And Unsafe Abortion In The Philippines. [online] Available at: <https://www.guttmacher.org/fact-sheet/unintended-pregnancy-and-unsafe-abortion-philippines#> [Accessed 3 October 2020].
Center for Reproductive Rights. 2020. U.N. Committee: Philippines Must Allow Legal Abortion, Improve Access To Contraceptives | Center For Reproductive Rights. [online] Available at: <https://reproductiverights.org/press-room/un-committee-philippines-must-allow-legal-abortion-improve-access-to-contraceptives> [Accessed 3 October 2020].
Safe Abortion: Technical and Policy Guidance for Health Systems. 2nd edition. Geneva: World Health Organization; 2012. 4, Legal and policy considerations. Available from: <https://www.ncbi.nlm.nih.gov/books/NBK138197/>Ā [Accessed 3 October 2020].











