22 Nov Respect, protect, and fulfill human rights – pass SOGIE and divorce bills now! Decriminalize abortion now!
The Philippine Safe Abortion Advocacy Network denounces the Philippine government’s stern rejection of the United Nations Human Rights Council’s recommendation to pass bills on Sexual Orientation, Gender Identity and Expression, the legalization of same-sex marriage, and the decriminalization of abortion.
Furthermore, PINSAN demands the national government to uphold the separation of church and state in lawmaking, and not continually use religion as a justification to deprive people of their rights. “The Philippine government cannot use the Catholic religion to oppose the decriminalization of abortion. Otherwise, this violates the constitutional guarantee of non-establishment of religion. The standard in governance is public and secular, and not religious morality. This has been held in the Supreme Court en banc cases of Ang Ladlad where I was a co-counsel for Ang Ladlad partylist, and in the case upholding the constitutionality of the RH Law where I acted as counsel for one of the intervenors. The Philippine government must uphold the constitutional guarantee of non-establishment of religion and decriminalize abortion,” said Atty. Clara Rita Padilla, Philippine Safe Abortion Advocacy Network (PINSAN) Spokesperson and Executive Director of EnGendeRights.
“Our constitution guarantees separation of church and state and non-establishment of religion to prohibit the establishment of religion in our law and to guard against the views of any majority or minority religion in influencing our laws. Our constitutional guarantee of non-establishment of religion is significant to uphold the right of all persons to freedom of thought, conscience and religion,” Atty. Padilla emphasized.
PINSAN also vehemently rejects the government’s continued backward stance on abortion, asserting that abortion is a healthcare right, and healthcare rights are basic, inalienable human rights. “Matters related to marriage, procreation, to beget children or not, contraception, divorce, and abortion are covered by the constitutional right to privacy where the government is precluded from interfering,” comments Atty. Padilla.
Atty. Padilla further adds, “As early as 2006, the CEDAW Committee has repeatedly recommended for the Philippines to remove the punitive provisions on abortion. In compliance with our obligations under international human rights treaties to uphold the rights to equality, non-discrimination, privacy and equal protection of the law, abortion must be immediately decriminalized.”
While religion continues to be a an obstacle in the passing of SOGIE, divorce, and abortion laws in the Philippines, many Catholic countries have shifted towards more progressive lawmaking. Atty. Padilla states, “Contrary to misconceptions, many predominantly Catholic countries allow abortion on the following grounds: Spain up to 14 weeks of the pregnancy and thereafter on specific grounds (with Prime Minister Zapatero at the helm of legalizing abortion on request in 2010); Belgium, France, and Italy allow abortion upon a woman’s request ; Poland allows abortion to protect a woman’s life and physical health and in cases of rape, incest, and fetal impairment; Hungary allows abortion up to 12 weeks of gestation; Portugal allows abortion up to 10 weeks of gestation; Brazil on certain grounds; Ireland up to 12 weeks of gestation and later gestational age with risk to the life and health of the woman or fatal fetal abnormality”
Atty. Padilla continues, “While Pope Francis was still an Archbishop in Argentina, he lost his fight opposing the passage of progressive abortion laws when the law further expanding grounds for abortion was passed in Argentina. Most former Spanish colonies with mostly predominant Catholic populations have liberalized their laws on abortion such as Argentina, Bahamas, Bolivia, Chile, Colombia, Costa Rica, Cuba, Ecuador, Guatemala, Jamaica, Mexico, Panama, Paraguay, Peru, Puerto Rico, Trinidad and Tobago, Uruguay, and Venezuela allow abortion on certain grounds. Chile’s 2017 law has explicit exceptions for life, rape, fetal impairment, the constitutionality of which was upheld by the Constitutional Court. Chile’s abortion law was first introduced by then President Michelle Bachelet, former UN High Commissioner for Human Rights, in January 2015—allowing abortion on certain grounds.”
“Placing religious ideology above Filipinos’ well-being and fundamental human rights is a grave and systematic violation of the government’s obligations. During an inquiry into Manila’s then de facto ban on modern contraceptives, the UN Committee on the Elimination of Discrimination against Women recommended that the government prioritize women’s health rights over any religious claims which may discriminate against women and deny them access to sexual and reproductive health services. The Committee called for the sensitization of national and local government officials to remove these barriers. Since the inquiry, it seems that not much has changed. Religious ideology continues to be relied on to justify measures that deny Filipinos of their sexual and reproductive health and rights,” added Atty. Jihan Jacob, Senior Legal Advisor for Asia of Center for Reproductive Rights and PINSAN Steering Committee Member.
PINSAN strongly believes that the government’s failure to recognize LGBTQIA+ and women’s rights is a failure of our elected lawmakers to serve the people whose interests they must duly protect. The inability to protect people’s rights is thus an inability of the government to fulfill its primary duty.
“Three Filipino women die every day due to lack of access to safe abortion and denial of access to post-abortion care. With access to safe abortion and post abortion care services, these deaths can be prevented. We can save the lives of these women with the immediate decriminalization of abortion in the Philippines,” concludes Atty. Padilla.