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The consolidated RH Bill in the 15th Congress
UPDATED May 13, 2011 —"Have you even read the RH bill text?" In heated arguments between advocates and opponents of the Reproductive Health (RH) bill, this question is often heard. A Pulse Asia survey released in November 2010 shows that 69 percent of Filipinos agree with the RH bill, but the majority of Filipinos admit they have not read the text of any of the RH bills filed in Congress. To help readers form an opinion regarding the controversial bill, GMANews.TV provides below the full text of the consolidated Reproductive Health bill unanimously approved by the House Committee on Population and Family Relations on January 31, 2011. The measure, entitled "An Act Providing for a Comprehensive Policy on Responsible Parenthood, Reproductive Health and Population and Development," is a consolidation of the bills filed by the following lawmakers: House Minority Leader Edcel Lagman, Iloilo Rep. Janette Garin, Muntinlupa City Rep. Rodolfo Biazon, Iloilo Rep. Augusto Syjuco Jr., Akbayan party-list Reps. Arlene Bag-ao and Walden Bello, and Gabriela party-list Reps. Luzviminda Ilagan and Emerenciana de Jesus. The committee will prepare a report on its approval of the consolidated bill and will submit this report to the House Committees on Rules and Appropriations, after which the measure will be presented in the plenary, where lawmakers will discuss and vote on the measure on the floor upon third reading. Once the chamber approves the measure, it will submit the bill to the Senate for consideration. The Senate can either pass its own version of the bill or adopt the bill passed by the House. After this, the bicameral conference committee will be convened to reconcile the respective versions of the House and Senate. Once the bicameral committee approves the bill, it will be returned to the House and Senate for approval. Then it will be submitted to Malacañang for the signature of the President. — Candice Montenegro, GMA News UPDATE: The consolidated RH Bill below was updated to reflect the authors' amendments filed on March 15, 2011. Among the notable changes are the deletion of the sections on "Ideal Family Size" and "Employers' Responsibilities." Rep. Edcel Lagman, one of the primary authors of the bill, said the section on "Ideal Family Size" was deleted in its entirety to rule out "further misinformation and misrepresentation as to the import of the provision," adding that its deletion will underscore "freedom of informed choice." Meanwhile, the section on "Employers' Responsibilites" was deleted "considering that the provision is a restatement and amplification of the existing Article 134 of the Labor Code," Lagman said.
15th Congress - Consolidated RH Bill (Updated with authors' amendments filed 15 March 2011.) SEC. 1. Title SEC. 2. Declaration of Policy SEC. 3. Guiding Principles SEC. 4. Definition of Terms SEC. 5. Midwives for Skilled Attendance SEC. 6. Emergency Obstetric Care SEC. 7. Access to Family Planning SEC. 8. Maternal and Newborn Health Care in Crisis Situations SEC. 9. Maternal Death Review SEC. 10. Family Planning Supplies as Essential Medicines SEC. 11. Procurement and Distribution of Family Planning Supplies SEC. 12. Integration of Family Planning and Responsible Parenthood Component in Anti-Poverty Programs SEC. 13. Roles of Local Government in Family Planning Programs SEC. 14. Benefits for Serious and Life-Threatening Reproductive Health Conditions SEC. 15. Mobile Health Care Service SEC. 16. Mandatory Age-Appropriate Reproductive Health and Sexuality Education SEC. 17. Additional Duty of the Local Population Officer SEC. 18. Certificate of Compliance SEC. 19. Capability Building of Barangay Health Workers SEC. 20. Pro Bono Services for Indigent Women SEC. 21. Sexual And Reproductive Health Programs For Persons With Disabilities (PWDs) SEC. 22. Right to Reproductive Health Care Information SEC. 23. Implementing Mechanisms SEC. 24. Reporting Requirements SEC. 25. Congressional Oversight Committee SEC. 26. Prohibited Acts SEC. 27. Penalties SEC. 28. Appropriations SEC. 29. Implementing Rules and Regulations SEC. 30-32. Separability Clause, Repealing Clause, Effectivity SEC. 1. Title This Act shall be known as the "The Responsible Parenthood, Reproductive Health and Population and Development Act of 2011." SEC. 2. Declaration of Policy The State recognizes and guarantees the exercise of the universal basic human right to reproductive health by all persons, particularly of parents, couples and women, consistent with their religious convictions, cultural beliefs and the demands of responsible parenthood. Toward this end, there shall be no discrimination against any person on grounds such as sex, age, religion, sexual orientation, disabilities, political affiliation and ethnicity. Moreover, the State recognizes and guarantees the promotion of gender equality, equity and women’s empowerment as a health and human rights concern. The advancement and protection of women’s human rights shall be central to the efforts of the State to address reproductive health care. As a distinct but inseparable measure to the guarantee of women’s human rights, the State recognizes and guarantees the promotion of the welfare and rights of children. The State likewise guarantees universal access to medically-safe, legal, affordable, effective and quality reproductive health care services, methods, devices, supplies and relevant information and education thereon even as it prioritizes the needs of women and children, among other underprivileged sectors. The State shall eradicate discriminatory practices, laws and policies that infringe on a person’s exercise of reproductive health rights. SEC. 3. Guiding Principles This Act declares the following as guiding principles: a. Freedom of choice, which is central to the exercise of right must be fully guaranteed by the State; b. Respect for, protection and fulfillment of reproductive health and rights seek to promote the rights and welfare of couples, adult individuals, women and adolescents; c. Freedom of choice, which is central to the exercise of right must be fully guaranteed by the State; d. Since human resource is among the principal asset of the country, maternal health, birth of healthy children and their full human development and responsible parenting must be ensured through effective reproductive health care; e. The provision of medically safe, legal, accessible, affordable and effective reproductive health care services and supplies is essential in the promotion of people’s right to health, especially of the poor and marginalized; f. The State shall promote, without bias, all effective natural and modern methods of family planning that are medically safe and legal; g. The State shall promote programs that: (1) enable couples, individuals and women to have the number and spacing of children they desire with due consideration to the health of women and resources available to them; (2) achieve equitable allocation and utilization of resources; (3) ensure effective partnership among the national government, local government units and the private sector in the design, implementation, coordination, integration, monitoring and evaluation of people-centered programs to enhance quality of life and environmental protection; (4) conduct studies to analyze demographic trends towards sustainable human development and (5) conduct scientific studies to determine safety and efficacy of alternative medicines and methods for reproductive health care development; h. The provision of reproductive health information, care and supplies shall be the joint responsibility of the National Government and Local Government Units; i. Active participation by non-government, women’s, people’s, civil society organizations and communities is crucial to ensure that reproductive health and population and development policies, plans, and programs will address the priority needs of the poor, especially women; j. While this Act recognizes that abortion is illegal and punishable by law, the government shall ensure that all women needing care for post-abortion complications shall be treated and counseled in a humane, non-judgmental and compassionate manner; k. There shall be no demographic or population targets and the mitigation of the population growth rate is incidental to the promotion of reproductive health and sustainable human development; l. Gender equality and women empowerment are central elements of reproductive health and population and development; m. The limited resources of the country cannot be suffered to be spread so thinly to service a burgeoning multitude that makes the allocations grossly inadequate and effectively meaningless; n. Development is a multi-faceted process that calls for the coordination and integration of policies, plans, programs and projects that seek to uplift the quality of life of the people, more particularly the poor, the needy and the marginalized; and o. That a comprehensive reproductive health program addresses the needs of people throughout their life cycle. SEC. 4. Definition of Terms For the purposes of this Act, the following terms shall be defined as follows: ‘(a) Adolescence refers to the period of physical and physiological development of an individual from the onset of puberty to complete growth and maturity which usually begins between 11 to 13 years and terminating at 18 to 20 years of age; “(b) Adolescent Sexuality refers to, among others, the reproductive system, gender identity, values and beliefs, emotions, relationships and sexual behavior at adolescence; “(c) AIDS (Acquired Immune Deficiency Syndrome) refers to a condition characterized by a combination of signs and symptoms, caused by Human Immunodeficiency Virus (HIV) which attacks and weakens the body’s immune system, making the afflicted individual susceptible to other life-threatening infections; “(d) Anti-Retroviral Medicines (ARVs) refers to medications for the treatment of infection by retroviruses, primarily HIV; “(e) Basic Emergency Obstetric Care refers to lifesaving services for maternal complications being provided by a health facility or professional, which must include the following six signal functions: administration of parenteral antibiotics; administration of parenteral oxytocic drugs; administration of parenteral anticonvulsants for pre-eclampsia and eclampsia; manual removal of placenta; removal of retained products; and assisted vaginal delivery; “(f) Comprehensive Emergency Obstetric Care refers to basic emergency obstetric care including performance of caesarian section and blood transfusion; “(g) Employer refers to any natural or juridical person who hires the services of a worker.The term shall not include any labor organization or any of its officers or agents except when acting as an employer; “(h) Family Planning refers to a program which enables couples, individuals and women to decide freely and responsibly the number and spacing of their children, acquire relevant information on reproductive health care, services and supplies and have access to a full range of safe, legal, affordable, effective and modern methods of limiting and spacing pregnancy; “(i) Gender Equality refers to the absence of discrimination on the basis of a person’s sex, sexual orientation and gender identity in opportunities, allocation of resources or benefits and access to services; “(j) Gender Equity refers to fairness and justice in the distribution of benefits and responsibilities between women and men, and often requires women-specific projects and programs to end existing inequalities; “(k) Healthcare Service Provider refers to (1) health care institution, which is duly licensed and accredited and devoted primarily to the maintenance and operation of facilities for health promotion, disease prevention, diagnosis, treatment, and care of individuals suffering from illness, disease, injury, disability or deformity, or in need of obstetrical or other medical and nursing care; (2) a health care professional, who is a doctor of medicine, nurse, or midwife; (3) public health worker engaged in the delivery of health care services; and (4) barangay health worker who has undergone training programs under any accredited government and non-government organization and who voluntarily renders primarily health care services in the community after having been accredited to function as such by the local health board in accordance with the guidelines promulgated by the Department of Health (DOH); “(l) HIV (Human Immunodeficiency Virus) refers to the virus which causes AIDS; “(m) Male Responsibility refers to the involvement, commitment, accountability, and responsibility of males in relation to women in all areas of sexual and reproductive health as well as the protection and promotion of reproductive health concerns specific to men; “(n) Maternal Death Review refers to a qualitative and in-depth study of the causes of maternal death with the primary purpose of preventing future deaths through changes or additions to programs, plans and policies; “(o) Modern Methods of Family Planning refers to safe, effective and legal methods, whether the natural, or the artificial that are registered with the Food and Drug Administration (FDA) of the Department of Health (DOH); “(p) People Living with HIV (PLWH) refers to individuals whose HIV tests indicate that they are infected with HIV; “(q) Poor refers to members of households identified as poor through the National Household Targeting System for poverty reduction by the DSWD or any subsequent system used by the national government in identifying the poor. “(r) Population and Development refers to a program that aims to: (1) help couples and parents achieve their desired family size; (2) improve reproductive health of individuals by addressing reproductive health problems; (3) contribute to decreased maternal and infant mortality rates and early child mortality; (4) reduce incidence of teenage pregnancy; and (5) recognize the linkage between population and sustainable human development; “(s) Reproductive Health refers to the state of complete physical, mental and social well-being and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its functions and processes; “(t) Reproductive Health Care refers to the access to a full range of methods, facilities, services and supplies that contribute to reproductive health and well-being by preventing and solving reproductive health-related problems. It also includes sexual health, the purpose of which is the enhancement of life and personal relations. The elements of reproductive health care include:
15th Congress - Consolidated RH Bill (Updated with authors' amendments filed 15 March 2011.) SEC. 1. Title SEC. 2. Declaration of Policy SEC. 3. Guiding Principles SEC. 4. Definition of Terms SEC. 5. Midwives for Skilled Attendance SEC. 6. Emergency Obstetric Care SEC. 7. Access to Family Planning SEC. 8. Maternal and Newborn Health Care in Crisis Situations SEC. 9. Maternal Death Review SEC. 10. Family Planning Supplies as Essential Medicines SEC. 11. Procurement and Distribution of Family Planning Supplies SEC. 12. Integration of Family Planning and Responsible Parenthood Component in Anti-Poverty Programs SEC. 13. Roles of Local Government in Family Planning Programs SEC. 14. Benefits for Serious and Life-Threatening Reproductive Health Conditions SEC. 15. Mobile Health Care Service SEC. 16. Mandatory Age-Appropriate Reproductive Health and Sexuality Education SEC. 17. Additional Duty of the Local Population Officer SEC. 18. Certificate of Compliance SEC. 19. Capability Building of Barangay Health Workers SEC. 20. Pro Bono Services for Indigent Women SEC. 21. Sexual And Reproductive Health Programs For Persons With Disabilities (PWDs) SEC. 22. Right to Reproductive Health Care Information SEC. 23. Implementing Mechanisms SEC. 24. Reporting Requirements SEC. 25. Congressional Oversight Committee SEC. 26. Prohibited Acts SEC. 27. Penalties SEC. 28. Appropriations SEC. 29. Implementing Rules and Regulations SEC. 30-32. Separability Clause, Repealing Clause, Effectivity SEC. 1. Title This Act shall be known as the "The Responsible Parenthood, Reproductive Health and Population and Development Act of 2011." SEC. 2. Declaration of Policy The State recognizes and guarantees the exercise of the universal basic human right to reproductive health by all persons, particularly of parents, couples and women, consistent with their religious convictions, cultural beliefs and the demands of responsible parenthood. Toward this end, there shall be no discrimination against any person on grounds such as sex, age, religion, sexual orientation, disabilities, political affiliation and ethnicity. Moreover, the State recognizes and guarantees the promotion of gender equality, equity and women’s empowerment as a health and human rights concern. The advancement and protection of women’s human rights shall be central to the efforts of the State to address reproductive health care. As a distinct but inseparable measure to the guarantee of women’s human rights, the State recognizes and guarantees the promotion of the welfare and rights of children. The State likewise guarantees universal access to medically-safe, legal, affordable, effective and quality reproductive health care services, methods, devices, supplies and relevant information and education thereon even as it prioritizes the needs of women and children, among other underprivileged sectors. The State shall eradicate discriminatory practices, laws and policies that infringe on a person’s exercise of reproductive health rights. SEC. 3. Guiding Principles This Act declares the following as guiding principles: a. Freedom of choice, which is central to the exercise of right must be fully guaranteed by the State; b. Respect for, protection and fulfillment of reproductive health and rights seek to promote the rights and welfare of couples, adult individuals, women and adolescents; c. Freedom of choice, which is central to the exercise of right must be fully guaranteed by the State; d. Since human resource is among the principal asset of the country, maternal health, birth of healthy children and their full human development and responsible parenting must be ensured through effective reproductive health care; e. The provision of medically safe, legal, accessible, affordable and effective reproductive health care services and supplies is essential in the promotion of people’s right to health, especially of the poor and marginalized; f. The State shall promote, without bias, all effective natural and modern methods of family planning that are medically safe and legal; g. The State shall promote programs that: (1) enable couples, individuals and women to have the number and spacing of children they desire with due consideration to the health of women and resources available to them; (2) achieve equitable allocation and utilization of resources; (3) ensure effective partnership among the national government, local government units and the private sector in the design, implementation, coordination, integration, monitoring and evaluation of people-centered programs to enhance quality of life and environmental protection; (4) conduct studies to analyze demographic trends towards sustainable human development and (5) conduct scientific studies to determine safety and efficacy of alternative medicines and methods for reproductive health care development; h. The provision of reproductive health information, care and supplies shall be the joint responsibility of the National Government and Local Government Units; i. Active participation by non-government, women’s, people’s, civil society organizations and communities is crucial to ensure that reproductive health and population and development policies, plans, and programs will address the priority needs of the poor, especially women; j. While this Act recognizes that abortion is illegal and punishable by law, the government shall ensure that all women needing care for post-abortion complications shall be treated and counseled in a humane, non-judgmental and compassionate manner; k. There shall be no demographic or population targets and the mitigation of the population growth rate is incidental to the promotion of reproductive health and sustainable human development; l. Gender equality and women empowerment are central elements of reproductive health and population and development; m. The limited resources of the country cannot be suffered to be spread so thinly to service a burgeoning multitude that makes the allocations grossly inadequate and effectively meaningless; n. Development is a multi-faceted process that calls for the coordination and integration of policies, plans, programs and projects that seek to uplift the quality of life of the people, more particularly the poor, the needy and the marginalized; and o. That a comprehensive reproductive health program addresses the needs of people throughout their life cycle. SEC. 4. Definition of Terms For the purposes of this Act, the following terms shall be defined as follows: ‘(a) Adolescence refers to the period of physical and physiological development of an individual from the onset of puberty to complete growth and maturity which usually begins between 11 to 13 years and terminating at 18 to 20 years of age; “(b) Adolescent Sexuality refers to, among others, the reproductive system, gender identity, values and beliefs, emotions, relationships and sexual behavior at adolescence; “(c) AIDS (Acquired Immune Deficiency Syndrome) refers to a condition characterized by a combination of signs and symptoms, caused by Human Immunodeficiency Virus (HIV) which attacks and weakens the body’s immune system, making the afflicted individual susceptible to other life-threatening infections; “(d) Anti-Retroviral Medicines (ARVs) refers to medications for the treatment of infection by retroviruses, primarily HIV; “(e) Basic Emergency Obstetric Care refers to lifesaving services for maternal complications being provided by a health facility or professional, which must include the following six signal functions: administration of parenteral antibiotics; administration of parenteral oxytocic drugs; administration of parenteral anticonvulsants for pre-eclampsia and eclampsia; manual removal of placenta; removal of retained products; and assisted vaginal delivery; “(f) Comprehensive Emergency Obstetric Care refers to basic emergency obstetric care including performance of caesarian section and blood transfusion; “(g) Employer refers to any natural or juridical person who hires the services of a worker.The term shall not include any labor organization or any of its officers or agents except when acting as an employer; “(h) Family Planning refers to a program which enables couples, individuals and women to decide freely and responsibly the number and spacing of their children, acquire relevant information on reproductive health care, services and supplies and have access to a full range of safe, legal, affordable, effective and modern methods of limiting and spacing pregnancy; “(i) Gender Equality refers to the absence of discrimination on the basis of a person’s sex, sexual orientation and gender identity in opportunities, allocation of resources or benefits and access to services; “(j) Gender Equity refers to fairness and justice in the distribution of benefits and responsibilities between women and men, and often requires women-specific projects and programs to end existing inequalities; “(k) Healthcare Service Provider refers to (1) health care institution, which is duly licensed and accredited and devoted primarily to the maintenance and operation of facilities for health promotion, disease prevention, diagnosis, treatment, and care of individuals suffering from illness, disease, injury, disability or deformity, or in need of obstetrical or other medical and nursing care; (2) a health care professional, who is a doctor of medicine, nurse, or midwife; (3) public health worker engaged in the delivery of health care services; and (4) barangay health worker who has undergone training programs under any accredited government and non-government organization and who voluntarily renders primarily health care services in the community after having been accredited to function as such by the local health board in accordance with the guidelines promulgated by the Department of Health (DOH); “(l) HIV (Human Immunodeficiency Virus) refers to the virus which causes AIDS; “(m) Male Responsibility refers to the involvement, commitment, accountability, and responsibility of males in relation to women in all areas of sexual and reproductive health as well as the protection and promotion of reproductive health concerns specific to men; “(n) Maternal Death Review refers to a qualitative and in-depth study of the causes of maternal death with the primary purpose of preventing future deaths through changes or additions to programs, plans and policies; “(o) Modern Methods of Family Planning refers to safe, effective and legal methods, whether the natural, or the artificial that are registered with the Food and Drug Administration (FDA) of the Department of Health (DOH); “(p) People Living with HIV (PLWH) refers to individuals whose HIV tests indicate that they are infected with HIV; “(q) Poor refers to members of households identified as poor through the National Household Targeting System for poverty reduction by the DSWD or any subsequent system used by the national government in identifying the poor. “(r) Population and Development refers to a program that aims to: (1) help couples and parents achieve their desired family size; (2) improve reproductive health of individuals by addressing reproductive health problems; (3) contribute to decreased maternal and infant mortality rates and early child mortality; (4) reduce incidence of teenage pregnancy; and (5) recognize the linkage between population and sustainable human development; “(s) Reproductive Health refers to the state of complete physical, mental and social well-being and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its functions and processes; “(t) Reproductive Health Care refers to the access to a full range of methods, facilities, services and supplies that contribute to reproductive health and well-being by preventing and solving reproductive health-related problems. It also includes sexual health, the purpose of which is the enhancement of life and personal relations. The elements of reproductive health care include:
- “(1) family planning information and services; “(2) maternal, infant and child health and nutrition, including breastfeeding; “(3) proscription of abortion and management of abortion complications; “(4) adolescent and youth reproductive health; “(5) prevention and management of reproductive tract infections (RTIs), HIV and AIDS and other sexually transmittable infections (STIs); “(6) elimination of violence against women; “(7) education and counseling on sexuality and reproductive health; “(8) treatment of breast and reproductive tract cancers and other gynecological conditions and disorders; “(9) male responsibility and participation in reproductive health; “(10) prevention and treatment of infertility and sexual dysfunction; “(11) reproductive health education for the adolescents; and “(12) mental health aspects of RH care;
- “(a) Values formation; “(b) Knowledge and skills in self protection against discrimination, sexual violence and abuse, and teen pregnancy; “(c) Physical, social and emotional changes in adolescents; “(d) Children’s and women’s rights; “(e) Fertility awareness; “(f) STI, HIV and AIDS; “(g) Population and development; “(h) Responsible relationship; “(i) Family planning methods; ‘(j) Proscription and hazards of abortion; “(k) Gender and development; and “(l) Responsible parenthood.
- “(a) providing physical access, and resolving transportation and proximity issues to clinics, hospitals and places where public health education is provided, contraceptives are sold or distributed or other places where reproductive health services are provided; “(b) adapting examination tables and other laboratory procedures to the needs and conditions of persons with disabilities; “(c) increasing access to information and communication materials on sexual and reproductive health in braille, large print, simple language, and pictures; “(d) providing continuing education and inclusion rights of persons with disabilities among health-care providers; and “(e) undertaking activities to raise awareness and address misconceptions among the general public on the stigma and their lack of knowledge on the sexual and reproductive health needs and rights of persons with disabilities.
- “(a) Ensure full and efficient implementation of the Reproductive Health Care Program; “(b) Ensure people’s access to medically safe, legal, effective, quality and affordable reproductive health supplies and services; “(c) Ensure that reproductive health services are delivered with a full range of supplies, facilities and equipment and that service providers are adequately trained for such reproductive health care delivery; “(d) Take active steps to expand the coverage of the National Health Insurance Program (NHIP), especially among poor and marginalized women, to include the full range of reproductive health services and supplies as health insurance benefits; “(e) Strengthen the capacities of health regulatory agencies to ensure safe, legal, effective, quality, accessible and affordable reproductive health services and commodities with the concurrent strengthening and enforcement of regulatory mandates and mechanisms; “(f) Promulgate a set of minimum reproductive health standards for public health facilities, which shall be included in the criteria for accreditation. These minimum reproductive health standards shall provide for the monitoring of pregnant mothers, and a minimum package of reproductive health programs that shall be available and affordable at all levels of the public health system except in specialty hospitals where such services are provided on optional basis; “(g) Facilitate the involvement and participation of non-government organizations and the private sector in reproductive health care service delivery and in the production, distribution and delivery of quality reproductive health and family planning supplies and commodities to make them accessible and affordable to ordinary citizens; “(h) Furnish local government units with appropriate information and resources to keep them updated on current studies and researches relating to family planning, responsible parenthood, breastfeeding and infant nutrition; and “(i) Perform such other functions necessary to attain the purposes of this Act.
- “(a) Integrate on a continuing basis the interrelated reproductive health and population development agenda consistent with the herein declared national policy, taking into account regional and local concerns; “(b) Provide the mechanism to ensure active and full participation of the private sector and the citizenry through their organizations in the planning and implementation of reproductive health care and population and development programs and projects; and “(c) Conduct sustained and effective information drives on sustainable human development and on all methods of family planning to prevent unintended, unplanned and mistimed pregnancies.
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