April 9, 2014
Despite
declaring eight (8) provisions illegal, the Supreme Court’s upholding of the RH
Law as constitutional is hard won victory for the Filipino people, especially
for poor women. The salient provisions that will provide the marginalized
free reproductive health services and supplies, adolescents age and development
appropriate reproductive health education in schools, and public awareness and
nationwide campaign for reproductive health and rights have remained
intact. So goes with the role of local government units in the RH Law’s
implementation.
The
Partido ng Manggagawa (PM), however, cannot disregard the importance of the
provisions declared unconstitutional by the high court. The ruling has
direct impact to the availment of services of minors and women of reproductive
health services and supplies. Minor parents or minors who have suffered
a miscarriage and married women not in emergency situations are not
allowed to access RH services and supplies without consent of parents and
spouses, respectively. These negate women’s right to make decisions for
their selves.
The
SC has also considered illegal the punishment of a health care provider who
fails or refuses to disseminate information regarding RH services, refer a
patient not in an emergency or life-threatening case to another health
care service provider, and public officer who refuses to support
reproductive health programs or do any act that hinders the full implementation
of a reproductive health program regardless of his or her religious
beliefs. The ruling undermines the rights of women to avail of RH
information and services from those who are supposed to be implementing the
law.
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