 | This article needs to be updated. The reason given is: It is missing the provisions of the RA 10354, the Responsible Parenthood and Reproductive Health Act of 2012, on abortion and treatment of post-abortive complications.(March 2018) |
Abortion in the Philippines is illegal. [1]
The constitutional provision that "[The State] shall equally protect the life of the mother and the life of the unborn from conception" was crafted by the Constitutional Commission which drafted the charter with the intention of providing for constitutional protection of the abortion ban, although the enactment of a more definitive provision sanctioning the ban was not successful. The provision is enumerated among several state policies, which are generally regarded in law as unenforceable in the absence of implementing legislation. The 1987 Constitution also contains several other provisions enumerating various state policies. [note 1] Whether these provisions may, by themselves, be the source of enforceable rights without implementing legislation has been the subject of considerable debate in the legal sphere and within the Supreme Court. [note 2]
An analysis by the Population Division of the United Nations Department of Economic and Social Affairs concluded that although the Revised Penal Code does not list specific exceptions to the general prohibition on abortion, under the general criminal law principles of necessity as set forth in article 11(4) of the Code, an abortion may be legally performed to save the pregnant woman's life. [2]
A 1997 study estimated that, despite legal restrictions, in 1994 there were 400,000 abortions performed illegally in the Philippines and 80,000 hospitalizations of women for abortion-related complications; [3] It was reported in 2005 that official estimates then ranged from 400,000 to 500,000 and rising, and that the World Health Organization (WHO) estimate was 800,000. Seventy percent of unwanted pregnancies in the Philippines end in abortion, according to the WHO. As of 2005 [update] , approximately four in five abortions in the Philippines were for economic reasons, often where a woman already has several children and cannot care for another. [4]
While some doctors secretly perform abortions in clinics, the 2,000 to 5,000 peso (US$37 to US$93) fee as of 2005 [update] was too high for many Filipinos, so they instead buy abortifacients on the black market, e.g. from vendors near churches, sari-sari stores and bakeries. [4] As of 2006 [update] , two-thirds of Filipino women who had abortions attempted to self-induce or seek solutions from those who practice folk medicine. [5] As of 2011 [update] , one hundred thousand people ended up in the hospital every year due to unsafe abortions, according to the Department of Health, [4] and 12% of all maternal deaths in 1994 were due to unsafe abortion. Some hospitals have refused to treat complications of unsafe abortion, or operate without anesthesia, as punishment for the patients. [4] In 2000, the Department of Health expanded a 1998 policy called Prevention and Management of Abortion and Its Complications (PMAC) aimed at addressing the complications of unsafe abortion to improve availability of quality of humane post-abortion care services by competent, compassionate, objective and non-judgmental service providers in well-equipped institutions complemented by a supportive environment. [6] [7] In 2018, a new governmental policy strengthening the national framework for postabortion care clarified legal and ethical duties of health service providers and provided formal avenues for redress against abuse. [8]
The Responsible Parenthood and Reproductive Health Act of 2012 RH bill signed into law on December 18, 2012, serves to ensure Filipino people have the access to all services regarding reproductive health to preserve the right to health. [9] The bill ensures accessibility to information about contraception and prevention from sexual abuse and violence. More specifically, the bill allows for services that will not negatively affect pregnancy in order to preserve the family. [10] In other words, abortions and procedures related to as such is not protected under the bill, though post care for people who underwent abortion is protected in this bill. [11]
The act was already in debate for decades as oppositional parties mostly related to religious groups like the Catholic Bishops Conference of the Philippines have been very negatively vocal to the enactment of the bill. [12] Due to many arguments and disagreements on both sides, a temporary restraining order from the Supreme Court was put onto the bill to halt distribution and production of certain contraceptives. [13] The Food and Drug Administration found the banned contraceptives to be ‘non-abortifacient’ which was the main argument that the Supreme Court used to impose the temporary restraining order. [14] The debates about the bill continues today and still there is no mention on the access to safe abortion.
An unsafe abortion is the termination of a pregnancy by people lacking the necessary skills, or in an environment lacking minimal medical standards, or both. An unsafe abortion is a life-threatening procedure. It includes self-induced abortions, abortions in unhygienic conditions, and abortions performed by a medical practitioner who does not provide appropriate post-abortion attention. About 25 million unsafe abortions occur a year, of which most occur in the developing world.
Abortion in El Salvador is illegal. The law formerly permitted an abortion to be performed under some limited circumstances, but in 1998 all exceptions were removed when a new abortion law went into effect.
This is a timeline of reproductive rights legislation, a chronological list of laws and legal decisions affecting human reproductive rights. Reproductive rights are a sub-set of human rights pertaining to issues of reproduction and reproductive health. These rights may include some or all of the following: the right to legal or safe abortion, the right to birth control, the right to access quality reproductive healthcare, and the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence. Reproductive rights may also include the right to receive education about contraception and sexually transmitted infections, and freedom from coerced sterilization, abortion, and contraception, and protection from practices such as female genital mutilation (FGM).
Abortion in India has been legal under various circumstances with the introduction of the Medical Termination of Pregnancy (MTP) Act, 1971. The Medical Termination of Pregnancy Regulations, 2003 were issued under the Act to enable women to access safe and legal abortion services.
Abortion in Venezuela is currently illegal except in some specific cases outlined in the Venezuelan Constitution, and the country has one of Latin America's most restrictive laws.
In Trinidad and Tobago, abortion is illegal save for few exceptions. The respective laws are in place since 1925.
The Dominican Republic is one of 24 countries in the world and one of six in Latin America that has a complete ban on abortion. This complete ban includes situations in which a pregnant person’s life is at risk.
Ipas is an international, non-governmental organization that seeks to increase access to safe abortions and contraception. To this end the organization informs women how to obtain safe and legal abortions and trains relevant partners in Africa, Asia, and Latin America on how to provide and advocate for these.
|belowstyle = background-color:#AAF0D1; |below = Status: In force }} The Responsible Parenthood and Reproductive Health Act of 2012, also known as the Reproductive Health Law or RH Law, and officially designated as Republic Act No. 10354, is a Philippine law that provided universal access to methods on contraception, fertility control, sexual education, and maternal care in the Philippines.
The Irish Family Planning Association (IFPA) is an Irish charity working to enable people to make informed choices about sexuality and reproduction. The organisation promotes the right of all people to sexual and reproductive health information as well as dedicated, confidential and affordable healthcare services.
Abortion-rights movements, also self-styled as pro-choice movements, advocate for the right to have legal access to induced abortion services including elective abortion. They seek to represent and support women who wish to terminate their pregnancy without fear of legal or social backlash. These movements are in direct opposition to anti-abortion movements.
Latin America is home to some of the few countries of the world with a complete ban on abortion and minimal policies on reproductive rights, but it also contains some of the most progressive reproductive rights movements in the world. With roots in indigenous groups, the issues of reproductive rights include abortion, sexual autonomy, reproductive healthcare, and access to contraceptive measures. Modern reproductive rights movements most notably include Marea Verde, which has led to much reproductive legislation reform. Cuba has acted as a trail-blazer towards more liberal reproductive laws for the rest of Latin America, while other countries like El Salvador and Honduras have tightened restrictions on reproductive rights.
Abortion in Uganda is illegal unless performed by a licensed medical doctor in a situation where the woman's life is deemed to be at risk.
Abortion is a controversial topic in Nigeria. Abortion in Nigeria is governed by two laws that differ depending on geographical location. Northern Nigeria is governed by The Penal Code and Southern Nigeria is governed by The Criminal Code. The only legal way to have an abortion in Nigeria is if having the child is going to put the mother's life in danger. However, sex-selective abortion has long had acceptance in Nigeria.
The position of the Philippines on women's rights is relatively developed compared to many other nations. Over the past century, noticeable developments have been made which have led to greater endorsement and protection of these rights. The progression towards gender equality came about through women's movements, increased numbers of women political representatives, increased numbers of educated women, greater specificity on women's issues instituted under legislation, and the focused application of those laws. In recent years, the Filipino government has addressed the rights of women under a multitude of legislative schemes including workplace discrimination, domestic violence, sexual harassment and human trafficking.
In Yemen, abortions are only “permitted to save the life of a pregnant woman”, making it one of the strictest abortion laws in the Middle East and the world. Abortion is not widely accepted in Yemeni society. However, because of the recent conflict in Yemen, rape, honor killings, and unsafe abortions have increased in Yemen. According to a study conducted by Canadian Studies in Population, the number of unsafe and illegal abortions are high in Yemen, which can lead to fatal health risks for women.
Abortion in Kenya is prohibited with the exception of certain circumstances including danger to the life and health of the expectant mother, and rape. Unsafe abortions are a major cause of deaths and health complications for women in Kenya.
Abortion in Rhode Island is legal. On June 19, 2019, the legal right to abortion was codified into Rhode Island law by passage of the Reproductive Privacy Act.
Post-abortion care (PAC) is treatment and counseling for post-abortion women. It includes curative care, such as treating abortion complications, as well as preventative care, such as providing birth control to prevent future unwanted pregnancies. Post-abortion care reduces morbidity and mortality associated with abortion.
In 2005, the Ethiopian Parliament liberalised the abortion law to grant safe abortions to women in specific circumstances.
