A Call for Philippine Implementation of Women’s Rights Under CEDAW Clara Ritz A, Padi 1. INTRODUCTION. « 766 I. CEDAW APPLICATION In PHILIPPINE COURTS 767 TIL VIOLENCE AGAINST WOMEN 768 A. Rape B. Sexual Harasement C. Prostitution and Trafficking D. Violence against Women in Intimate Relationships IV. REMEDYING DISCRIMINATION IN LAWS RELATING TO FAMILY, SEXUALITY, SEXUAL ORIENTATION AND GENDER IDENTITY, AND REPRODUCTION. see 780 A, Enactment of Divore Law B. Repel or Judgment of Unconstitutionality ofthe Adultery and the "“Mavial Infidelity Bille” ©. Repeal ofthe Punitive Provisions on Women who Many Within the ‘01-day Period D. Repeal ofthe Discriminatory Provisions in the Family Code E, Repeal ofthe Discriminatory Provisions in the Muslim Code F. Address Lesbian Rights, Discinsnaton of Lesbians and Gender Ideaity Discrimination in Philippine Courts G. Reproductive Rights \V. POLITICAL PARTICIPATION AND GOVERNANCE % 93 JD, Ateneo de Manila Univesity School of Law. The author was a Visiting International Legal Fellow a the Center for Reproductive Righs, New York, New York, fiom July 2002 t0 July 2003. She isthe founder and Execusve Director of EnGendeRtights, Ine, 2 legal non-governmental orgaization that Advances women’s rights through domestic and. interational legal and policy advocacy, research and taining, and impact lsgation. ‘She drafted che EnGendeRights submission to the United Nations Human Rights ‘Council First Universal Periodic Review and abo attended the actsl review of the Philipines in April 2008 in Geneva, Switreslind. She speathesded the draing. of fic colhboraave Shadow Report oa reproductive rights submitted to the CEDAW. Committee during its 36th Session in Augus 2006 in New York. She abo orally Presented the highlights of che Shadow Repore during the 3éth Session CEDAW NGO dialogue and actively lobbied with the CEDAW expert leading to the succesful adoption of strong sexual and reproductive health and nights language in CEDAW's Concluding Comment (Cte as 52 ATENEO LJ. 765 (2008).766 ATENEO LAW JOURNAL Vor. 52:70 VI. PHILIPPINE STATUS OF RATIFICATION AND REPORTING ON 4 MAJOR HUMAN RUGHTS TREATIES, Sor VILCoNcLUSION, 02 LInTRoDucTION There exits a de jae discrimination in the country rooted from reliance on Spanish colonial laws and the de facto non-separation of church and state Such proves to be detrimental most especially to women's rights both in law and in is implementation. Testaments to this prejudice are the preference on the padre de familia (ther of the family) in the Family Code," and che lack of 4 comprehensive reproductive health care law up to now, among othen, This Article tackles the existing discrimination against women int law. policy, and practice and discusses Philippine obligations in light of the Convention on the Elimination of Discrimination against Women (CEDAW).* CEDAW is the second most ratified treaty’ — second only to the Convention on the Rights of the Child.4 The very esience of CEDAW '8 the principles of equality and non-discrimination of women and the concurring state obligations under its “Discrimination against women” is defined under article 1 of CEDAW ‘ cover “any distinction, exclusion or restriction made on the basis of ex in the political, economic, social, cultural, civil or any other field that has “the effect or purpose ‘of impairing or nullifying the recognition nde ofthe Philippines [FAMILY CODE], Executive Onder No. soy 2 Convention on the Elimination of Al Forms of Discrimination against Women, GAA. Res, 34/180, 34 UN. GAOR Supp. (No. 46) at 195, UN, Doe ‘8/34/46, entered nt fore Sep. 3, 1981 [hereinafter CEDAW} 3 CEDAW is undergone 185 ratifeations. See, Orfice of the High Commisioner for Human Rights, CEDAW Status of Ratification, eae ar hupi//seww2ohchrorg/englsh/bodies/ratification/S.him ast accened May 19,2008), 4 Convention on the Rights of the Child, G.A. Res, 44/25, annex, 44 UN. GAOR Supp. (No. 49) at 167, U.N, Doc. A/44/49 (1989). entered ina fone Sep 2 1990. This has been rated 193 times. See, Ofce ofthe High Comintsioney for “Human Rights, CRC Statur of Ratifation, aval ar nap//seww2 ohchr.org/englsh/bodies ratification’ 11-him (last accessed May 19,2008) 8. CEDAW, att. 2& 5 6 Many 2008] WOMEN’S RIGHTS UNDER CEDAW. 67 enjoyment or exercise by women of their human rights and fundamental freedoms.” Since the Philippines “adopts che generally accepted principles of 'nterational Iw 25 par of the law of the land and adheres o the policy of| peace, equality justice, freedom, cooperation, and amity with all nations,”* CEDAW, as a legally binding treaty, ereates an obligation on the part of the national goverment fo enact and implement laws and policies that comply ‘with international laws and standards. Having ratified CEDAW on 3, August 1981" oF more than 26 years ago, the Philippines is legally bound eo uphold its provisions. In addition, reviewing our compliance with CEDAW will phice the counery in perspective as to how far we have gone and what other steps ate needed for us to guin equality and non-discrimination of women H, CEDAW APPLICATION IN PHILIPPINE COURTS ‘A survey of Philippine jurisprudence reveal that there are only few Supreme ‘Court cases citing CEDAW. In the separate opinion of Justice Romero in Romualdez-Maros v. Commission on Eletions® CEDAW was quoted 10 ‘uphold a widow's right to fx her domicile distinct ffom that of her deceased Inusband.** In Philippine Telegraph and Telephone Company v. National Labor Relations Commission’ the woman's right to work and right against discrimination based on marriage were upheld when private respondent vas terminated fiom work for having concealed the fict that she was married in violation of a company policy against hiring married women."? The constitutional provisions on the role of women in nation-building and fundamental equality before the law of women and men were abo used t0 bolster respondent’s claim.'4 Lastly, im the 2004 case of Central Bante 7 Wt 8, Pu. ConsT. art I, § 2 9. See, Office of the High Commissioner for Human Rights, CEDAW Statvs of Patfcation, ——analable at Beps//worwa ois sng/ engl ois! ‘atification/8.hum (st accessed May 19,2008) 40. Romualder-Marcos v. Commission on Elections, 248 SCRA 300 (1995). HL. Hat 346. (Romero, J, separate opinion). 12, Philippine Telegraph and Telephone Company ¥. National Labor Relations Commission, 273 SCRA 596 (2997) 13, Mat 3989, 4. Mat 601-02, See, PHIL. CONST. ar. H, § 14 & art. XIX, § 5,768 ‘ATENEO LAW JOURNAL [vor. 52:765 Employes Association, Inc. v. Bangko Sentral ng Plipinas,"8 CEDAW was used basis for equality under international law." ‘The responsiblity of the judiciary is broadened with the promulgation by the Supreme Court of the Rule on the Writ of Ampar."? ‘This writ is Particularly significant in giving aid to women who have disappeared, were ortured, and raped.!* The role of the judiciary is crucial in effecting the felease and in ending the continvous torture and sexual abuse being committed agains the victims IIL. VioteNCE AGAINST WOMEN Pursuant ro General Recommendation No. 19 on Violence against Women (VAW) prepared by a committee specifically formed 10 monitor the implementation of CEDAW, gender-based violence is defined as “violence which is directed against a woman because she is a woman or which affects women disproportionately.""® The State, being a key player to end this cycle of violence, is mandated to: sefiain fiom engaging in VAW, to exercive due diligence to prevent, ‘investigate and, punish acts of VAW and to provide acces to just and ‘effective remedies including medical asietance to vies; to uke appropriate and effective acon whether thote cts are perpetrated by the State, by private persons or by armed groups or wating factions => 1, Cental Bank Employees Association, Ine. v, Bangko Sentral ng Pilipinas, 446 SCRA 299 (2004), i Td. 3t 376 17. RULEON THE WRIT OF AMPARO, AM. No. 7-9-12-SC (Oct 24,2007) 1. Take for instance the case of ewo universcy stadens, Sheryl Cadapan and Karen Empefo, who were dsappeared since June 26, 2006, Se, Jim Loughran, ‘The Philippines: kidnapping and all-ereatrent of man rights defenders Sherlyn Cadapan and Karen Empefio. in. military custody, walle at hup://ovww fontnedefenders.ong/node/1358 ast accesed May 19, 2008) Dabet Casuieda, 2 Missing UP Students Tortured, Raped inside Miltary Camp, available at hnp://worw bul. com/2007/11/2-missing aden. ‘ortred-raped-insde-miltay-eamp (st accessed May 19,2008), 1% Commitee on the Elimination of Discrimination against Women, General Recommendation No. 19, ar. 1, U.N, Doc. No. A/47/38 (1993), avalable at np, // worn org/womenwatch/daw/cedaw/recommendations/tecoms ht rmitecomig (st accesed May 19,3008) [hereinafter General Recommendation No. 19) 1. Extension of mandate of U.N. Special Rapporteur on Violence against Wome: (UNSRVAW) by the Commision on Human Rights in 2003, sath sex, Res 2003/45 2008] WOMEN'S RIGHTS UNDER CEDAW 709) Below is an appraisal of particular manifestations of VAW and the response of the Philippines on these matters. A, Rap Incidences of rape remain high, with an average of eight women raped every chy" and an average of nine children raped daily "> ‘The Anu-Rape Law of 1997 brought positive changes; however, the law imposes a lighter penalty for “rape by sexual assault” committed with the insertion of an object or instrument into the vaginal orifice, as opposed 10 rape by penile penetration. ** Implicit in this provision is a disregard for the ‘aumanc effees of an assault ofthis nature.) ‘The enactment of the Rape Victim Asistance and Protection Act of 998% provides support to rape victims. Its rape shield provision prohibits admissibility of past sexual conduct ofthe rape victim. Then again, it farther provides that past sexual conduct is admisible if found “relevant by the ‘court."=? This exception subjects the provision to judicial interpretation that ‘may undermine its very purpose. In the essence of CEDAW prohibiting discrimination against women, past sexual conduct of rape victims is never relevant as evidence in rape cates since no woman asks to be raped. [A clear example of the irrelevance of past sexual conduct and “manner of des” of the rape victim is che fact that young children, six years old and below, are also raped. This certainly dispels the erroneous view of blaming, ‘the viccim and clearly shows that the blame rests on no one else but the 31. National Commision on the Role of Flpino Women, VAW Seis, Vile ‘Comes Again Women and Children, anal at pw nerf gov ph! wa _vath vw. stat at accessed Oct. 1, 2003. a 23. An Act Expanding the Definition ofthe Crime of Rape, Recasiing the Same 4s 1 Came. Again Pesons, Amending for the Purpose Act No. 3815, 35 ‘Amended, Otherwise Known a the Revsed Penal Code, and for Other Puposes [The Ant-Rape Law of 1997}, Republic At No. 8353 (997) 24. Chia Rita Pail, Philippine Sobmision to Equality Now Workshop on Lining for Sex qty Qrne pt, a0) (ramerp aaa on file with he Genter for Reproductive Right) 317 [hersnater Pail, Liigating For Sex Equality). Thi workshop was held in Nsirbi, Kenya 25, WOMEN'S LEGAL BUREAU, WOMEN'S HEALTH AND THE LAW, 69-71 (197) 26. An Act Providing Asisance and Protection for Rape Vets, Esublshing for ‘he Purpose + Rape Crist Center in Every Province and ity. Authoring the ‘Appropriation of Funds. Therefor, and for Other Purposes [Rape Vicum ‘Astance and Protection Ac of 1938], Republic Act No. 8505 (1998). m6.770 ATENEO LAW JOURNAL wou. s2:765 perpetrator. Judes and public prosecutors who rale on eriminal cases and rape complaints must not yield to the lame excuses of perpetrator, that perpetuate sexism, patriarchy, and discrimination agains women Despite the enactment of both The Anti-Rape Law of 1497 and the Rape Victim Asistance and Protection Act of 1998, numerous complints for rape are dismissed at the level of preliminary investigation and in the Regional Trial Courts Definitive data on the number of dismissals and acquittals among rape complaints are unavailable from the Departmien of Justice and from the judiciary. However, there are judges and. public prosecutors who sil do not understand the realities of rape as yender- based violence, ignoring the fact that rape is life-threatening 2? Others donot recognize that the demeanor of rape victims during investigations and wile testifying may vary. They ao fai to receive reports of rape with credulity. Some disregard the findings of post-traumatic stress disorder among victims of sexual violence. Although the Supreme Court ruled that the “absence of hymenal lacerations does not disprove sexual abuse,” it is possible that ‘many judges and public prosecutors may continue to mistake the absence of hhymenal lacerations as conclusive proof that rape did not occur due to 8 te the CEDAW Commitee, “the high rte of tenige ren Pesent «significant obstacle to gi edcational opporenies and et empowerment" For the Tonge tie, fosign donor fave provid fe setmcei ned filipino women, atthe phae-down af coo > Notch 2005, pil in 2007, injectbles m 2008 and inaeie Sv UDA on ne date with prejections sat stock oot wl oe mot afer he shipment. ie now up fo the governs to ake oP be sick But rather han aniagonize the Catholic Chueh or Plt 1 of prescribing only natural fmuly” planing metho, no matte inadequate, unsuitable or ineffective they ae to most women 17%. See, Clara Rita A. Padilla, EnGendeRights Position Paper on Levonorges su Emeiency Conacepive Pil (207). ‘This paper wa sabmited 1 echnicl Pane! of Obsetric-Grnecalony Specials rated bythe PREP Sara of Food and Drug GHFAD)- Predominant Cale come 3 allow levonorgestel are Argentina, Belgium, Bolivia, Brazil, ans omnsn Repub, Ector, El Sago, Fence, Mesto, Pla Slovenia Spans and Venere and "Se, An Act Providing for Reproductive Heath Cae Soca Appropriing Funds Therefor, House Bil No. Bia, rath Con. (27) "8 Concating Commens, sp noe 43,4336 43s4 ATENEO LAW JOURNAL vou, 2:765 The adininistrtion’s policy of refusing to give women access to suitable ccontracepove methods has seeped down to local politics and ordinances, as ») Executne Order No. 3! which led the city government of Manila in 2000 10 retise distribution of modern contraceptives in government clinics Such policn reflect religious fundamentalism in our laws, where the belies of those in government are imposed on others. Government officials should ‘spect plurality in our society and respect the tights of it citizens, regardless of their faith. Clear laws and policies upholding our reproductive rights should address these anomalies, 4 Repeal oF criminal provisions imposed on women who induce abortion and those who assist them Many countries all over the world have been liberalizng theit abortion laws. The CEDAW Committee stated that “barriers to women’s acces to appropriate health care include laws that criminalize medical procedures only needed by women and that punish women who undergo. those Procedures") and that “{wJhen possible, legislation criminalizing abortion could be amended to remove punitive provisions imposed on women who undergo abortion." ‘The CEDAW Committee has recognized that restrictive abortion laws result in a violation of women’s right to life."™ It has, om several occasions, recommended that State parties remove punitive provisions imposed. on women who undergo abortion.™ It has praised at least one State party for '82,aileen F Jimeno, In Manila, Pils and Condoms Go Underground, ase ar sp.//s ww. pei org/stries/2005/pills han (lt aecesed May 20,2008) 15 General Recommendation No. 24, supra note 171, 14 84 ld 185. Ser, The Center for Reproductive Rights & University of Toronto Programme of Reprosiuctive Sexual Health Law, Bringing Rights To Bear. An Ansys of the Work of UN Treaty Monitoring Bodies on Reproductive and. Sexsal Rights, at 143, avalable ati: //wwwreproductiverights org pat” Prub_bo_tn fill pa (ast accesed May 12, 2008) [heeinatter Bringing Reghs 'o Bear. Se, eg, Belize, ULN. Doc. A/54/38,4 56 Guly. 1, 1999); Chie, UN, Do. A’si/38, 9 228 (uly 9, 1999): Colombia, U.N. Doe. A/s4/38, 9 303 (Feb, 4 1999); Dominican Republic, UN. Dac. 4/53/38, 4 599 (May oa 998); Paraguay, U.N. Doe, A/si/38,4 131 (May 9, 1936). 80-General Recommendation No. 24 supra note 171, 31 () Se ab, Bringing Rights To Bear, sypra note 185, at 14s. See, eg. Argentina, UN. Doe 52/38 Re wat, Pae M4 319 Quly 23, 1997): Chile, U.N. Doc. A/30/38 138 (May 51, 1995); Colombia, UN. Doc. A/S4/38, 394 (Feb. 4 sano) Pominicas Republic, U.N. Doc, A/s3/38, 349 (Way tay 1098), telogd, U.N. Dox. A/s4/38. $1186 July 1, 1990); Mexico, U.N. Doe, A/s3/38, #408 (May 14, 1998): Panama, U.N. Doc. A/59/38/Re v.t, $ 201 uly 2, 1998), 2008] WOMEN'S RIGHTS UNDER CEDAW ys amending iy restrictive _legilation.""” Furthermore, the CEDAW Committee his emphasized the vital link between illegal, unsafe abortion, and high rate: of matemal morealiy™ by consistently making the point that lack of access to contraceptive methods and family planning services, as well 3s restrictive abortion laws, tend to coincide with the prevalence of unsafe abortions that contnibutes t6 high rates of maternal moreality.!™ ‘The Phibppines has one of the mose restrictive abortion laws in the world — penalizing the woman who undergoes abortion and the person assisting the woman without providing clear exceptions even when the ‘woman's life or health is in danger, the pregnancy is the result of rape, or fel impairment." The Philippine Constitution provides that “[q)he State shall equally protect the life of the mother and the life of the unborn from conception.” This provision has no counterpart in the 1935 and 1973, constitutions. Although the provision equally protects the unborn from conception, it does not explicitly prohibit abortion, acgmy, UN Doe. A/SV/3% 4131 (May 9, 1996) Pom, UIN. Doc A/Sy/367Re8, 340 (ul 8, 1998) +87 Bringing Rights To Bes, sp note 185, 3146 Set 6. Belg, UN. Doc AISUSRA IBY (May 9 196), 188.Binging Rights To Beat, sg note 185 146; Se, Ania and Babu, UND Asure Paes ug a tony Cie UN Doc MSa/38. 49 209,228 (ly 9, 1009) Georgia, UN, Doc. A/54/38.4 111 Jan. 2. top Greece, UN. Doc. A/34/38,4 207 (Feb. 1, 1998) Gayana, UN. Doc. A/s0'38 4 621 (May 31.1995); Hungary, UN. Doc. A/S1/38, $254 (hay 9, 196; Lada UN” Doc « A/33/38, 4138 June. 6 20005 Macrts, UIN. Dec. 8/30/38, 4 196 June 3, 1993); Mongolia, ULN. Dov Asis 4 273 (Feb. 2, 2001); Paraguay, UN. Doe, A/51/38, $131 (ay 9 ist "¥o.Brangng Rights To Bear, sup note 18s, at 146. Se, 6 Ang and Babs, UN: Dac. A/s8/38/Re vat Pr Hl 238 (Ave. 12,1997); Chile, UN. Doc ‘A/SA/38, 4 209,238 (ly 0, 1999) Georgia, UN, Doe. A/S4/38.4 115 uly 2 woo Greece, UN. Doc. A/34/38, 4 207 (Fb. 1, 1999) Guyana, UN. Doc A/so 85621 (May 2, 1998); Hungary, UN" Dee. A/81738. $56 {My 9, 1996 Lishtani, UN. Doc. 58/38, 4158 Caney so) Maurin, UN. Do. A/s0/38,4 196 May 3, 193); Mongols, UN. Doe A/s6/38.4 273 Jane 2 2001); Paragsy, UN. Doe. A/su/38, 4131 (ay 9 1996), Unnine, UN. Doe. A/st/38, 4 287 (May 9 199d; Venezuel, UN. Doc 52 a8/Rev 4296 (A119) '9o Revise Prat Cons, ans. 256-99; Ser, Pacifico Agabin, he Leal Pepe Abortion, 1 OF REPROD. Heal 7H, Res, & TMCS 2 1999). The Phipine resncion sn abortion, one of the veaies of Spanih colonization inthe Pippin. was ied direc om the ld Spanish eral Code af 1870. {O91-Phau, Cons. atl § 12796 ATENEO LAW JOURNAL Ivor. 525765 Hungary alsohas a constitutional provision protecting life fom conception ue sill permits abortion up to 12 weeks of gestation." The life of the unborn is not placed exactly on the same level as the life of the woman" ax shown by laws and jurisprudence of countries worldwide allowing abortion on various grounds." Furthermore, international human hs stndards provide tremendous support forthe right co safe and legal As stated above, Filipino women do not have access to safe and legal abortion despite statistics in 2000 showing 473,000 women induced abortions: 79,000 women were hospitalized for complications” S00 women died due to complications* (or ewo women die every day) and 12% 192. Law No, 9 of Dec. 17,1992 (Hu), translated in 44 IDHE 249-50 (0993), 195. Glanville Willams, The Fetus and the “Right Life.” 53 CAMBRIDGE L. J. 71,78 (1900): Sv RJ. Cook & BM. Dickens, Huma Righs and Abonion Las, 65 INTL}. OF GynecoLoay & OssTETAICS 85 (1995) (citing Christian Lawyers ‘Awociation of South Afica v. The Minister of Health, Case No. t63y1/07 (2998), ‘The Christen Layers Assocation ete involves 4 group that sued the South Afican Minister of Health co declae the 1996 Choice on Termination of Pregnancy Act unconstitutional based on section t1 of the 1996 Constitution providing that “everyone has che right to life” and on the argument that a fetes 's included in “everyone” since life of human being stars at conception. ‘The ‘Court ruled that “everyone” was a legal altemative expresion to "every person,” and historically legal personhood commences only at live bith, The Coure ruled that it was not necessary to addres the claim on the biological beginning of human Tie, since # eannoe be concluded that the human life that thad begun was chat ofa legal peson. The Court followed the observation that “the question is noe whether the conceptus is human but whether ic shoul! be pen the some legal protection as you and me.” Under artile 4r of the New Civil Code, a fetus must be born alive, that completely delivered from the mother's womb, to be considered 1 person endowed with egal personality. "94. Sec, Poster, Center For Reproductive Rights, The World's Abortion Lavws 200s 195.Karen Llantoy v, Peru, Communication No. 1153/2003, CCPR/C/86/D/ 1153/2005 (2005); Se, Bringing Rights to Bear, spre note 185 196.Singh, eta. supa note 168,24 19714. at 5, ‘The global statistics shows that $85,000 women die annually fom pregnancy-rlated causes. 80,000 ofthese women die from unsafe abortion, 11. Shah et al. Unsafe Aoion, World Health Organization. Annual ‘Techrical Reepor (1990). There are 20 milion nse abortions cach year, 95% of which take place mn developing countries with Southeat Asia accounting for about 40% of global maternal morality. See, World Health Organization, Matin Preqnany Safer in South-East Ava, Regional Health Forum, (3003), 198. 2008] WOMEN’S RIGHTS UNDER CEDAW 197 of maremal deaths were due to unsafe abortion. The statistics also shows the following: nine in 10 women are martied/consensual union; more than half have at Jest three children; ewo-thirds are poor; nearly 90% are Catholic; 27 out of every 1,000 women induce abortion; and 18 induced abortions per 100 pregnancies. nn 2000, the DOH introduced the Prevention and Management of Abortion and xs Complications (PMAC) poliey,2® which aims to improve the health care services for women suffering complications from induced abortion, Although the PMAC policy was enacted in 2000, it has only been ‘implemented in pilot hospitals** Hence, there is an urgent need to broaden the policy to include more hospitals and to support it with enforceable iguidelines and mechanisms to protect women from discrimination by health cate providers. Safe abortion service providers who provide the much- needed services that only women seek have been subjected to harassment by police operatives, with some even facing baseles criminal charges. In the case of Colombia, a Colombian citizen challenged in the Constitutional Coute on 14 April 2005 the former Colombian abortion law {hc outlawed he procedure under all circumstances." The argument in the petition included CEDAW and Human Rights Committee's recommendations that Colombia decriminalize abortion under the most extreme cases. In the Constitutional Court's decision, the Colombian abortion law was declared unconstitutional. Colombia now permits abortion fon the following circumstances: when the woman's life or health is in ‘danger; when the pregnancy is the result of rape; and when the fetus has 199 Ht 200.14 201, Department of Health, Prevention and Management of Abortion and Its Complications MAC) Policy, Administrative Order No. 45-B (May 2, 2000). 202.14 at 2. For the coverage of PMAC, Administrative Order No. 4$-B provides: that, “For the fist. year of implementation, PMAC shall initally be Unnplemented im four (4) ploe hospital sites. . By the end oF the fh year of !mplementation (end of 2004), 50 DOH-reuined hospital shall be providing ‘quality PMAC. services, 2°3.Clara Rit A, Padilla, Presentation Before che Integrated Bar ofthe Philippines Esser Vizuyas Convention, Gender Issues in Legal Ethics (Ape 2, 2008). This presentation was held in Cebu, 294 Women's Heath Journal, Abortion law challenged in consittional cour, Ja.— Mar. 200s, citable at p//findartile.com/p/artiles/ni_moMDX/ .1_2005/a1_117209597 (st accented May 20, 2008) 205.14,us ATENEO LAW JOURNAL (vor. 522765 ‘maltormation incompatible with life outside the uterus Compare this with the Philippine law that provides no expressed exceptions, Im the communication K. Llantoy v. Pen? filed with the Human Rights Compustee, a 17-year old woman was prevented from terminating her risky pregnuncy of an anencephalic fetus — a fetus with a paral brain 2 In KL’s case, the fetus died five days after birth and KL fell into a deep depression.2>» The findiny of the Human Rights Committee was: forcing her to carry hher pregnancy to a term constituted cruel and inhuman treatment in Violition of article 7 of the ICCPR;"° violated her right to privacy under anticle 17:2 and violated her right to receive the special care she required as an adolescent from the health system under article 24.2"? The State party ‘was recommended to provide an effective remedy to the author, including, compensation. and to adopt measures to prevent similar violations from ‘occurring in the future.*9 To state the truth about other predominantly Catholic counties allowing abortion, there is Spain, Belgium, France, Italy, Poland. and Hungary whose constitution protects life ftom conception but permits abortion up to 12 weeks of gestation. Recent ones are from Colombia, and Mexico City, which legalized abortion in the first trimester without restntion, and Portugal which allows abortion up to 10 weeks of pregnancy. 306, Women’s Link Worldwide, Colombia's highest cour rules in fvor of exing fone of the world’s most restrictive abortion ws, avilable at !nepe//ww.womenslinkworldwide,ong/ pal pres/press release 2006520, clip Ar last aecesed May 13,2008) 207K. Llantow v. Peru, Case No. 1553/2003, U.N, Doc. CCPR/C/85/D/ 1133/2003 (2005), 2X Yat 200.1 $G2.5 & 210.1463, 211.6 212d 965 215-K. Llamtoy, v, Peru, Case No. 1553/2003, U.N. Doc. CCPR/C/8S/D/ 1133/2003, 8 (2005). 214. Cente for Reproductive Rights, Spain penmit abortion on grounds of ape and fat impairment. Sve, Poster, Center for Reproductive Rights, The World's Abortion Laws 2005. 215, Comer for Reproductive Rights, Religious Voices Worldwide Support Choice Pro-choice Perspectives ‘in’ Five World Religions, analale at Jnup//sewwreproductiverghts.org/pub_fic_atkrelhtml lst accesed May 20, ). See, Power, Center for Reproductive Rights, The World's Abortion Laws 2005 2008) WOMEN'S RIGHTS UNDER CEDAW 99 [As can be seen. Spain has iberalize its laws to allow abortion and yer we ate left to contend with our old colonia! laws, In its Angust 2006 Concluding Comments on the Philippines, the CEDAW Committee recommended for the Philippines as 2 State party 10 consider the problem of unsafe abortion as a matter of high priority and consider reviewing the liws relating to abortion witha view ta removing, ppuniave provisions imposed on women who undergo abortion and provide them with acces 10 quality services for the management of complications arising from unsafe abortions and to reduce women's matemal morality sates line with the Committee's general recommendation 24 0n women an heal and the Bejing Platform for Action 2 ‘The law criminalizing abortion does not eliminate abortions. Ie only makes i dangerous for women who undergo clandestine and unsafe abortion. The criminal provision penalizing the woman and the physician for selE-induced abortion must be repealed. Hlaving ratified the CEDAW, the Philippines is obligated to make abortion safe and legal \V. POLITICAL PARTICIPATION AND GOVERNANCE CEDAW General Recommendation No. 23 on Political and Public hie provides that Sates putes shall ake all appropriate measures to eliminate discrimination aginst women in the politcal and public life of the country and, in Parocular, shall ensure to women, on equal terms with men, ... the night (b) [Ho parcipate sn the formulation of government policy and the Implementasion thereof..." In predominantly Muslim countries such as Indonesia, Bangladesh, and Pakistan, quota vystems were instituted to increase women’s participation in Political hfe. Tlie use of temporary special measures, in accordance with aticle 4, paragraph 1, of CEDAW2© and the Committee's General Recommendation No. 25 on temporary special measures to increase a 216.Conclading Comments supa note 45,4 28 1 Elimination of Discinination agsunt Women, Gens mn No, 23, ar. 7, ULN. Doc. No. A/$2/38 (1997), available at Recommend bhap.//www unhchrch/tbs/doc n/o/eatacyageaSasesc1256ds000s6es6COp *endocument iat accesed May 20, 2008). 218-Comminee on the Elimination of Discrimination aginst Women, Gener Recommeniition No. 35, ar 4, | 1, A/s0/38 Part I; CEDAW/C/2004 AUP.A/Rev.4 (3004), aaa at ep/ eww an ong/womenwath/ ‘i /recommendations/Generasorscommendatondnes%ao(Englah) pdf {lst acesed May 20,2008)B00 ATENEO LAW JOURNAL [wou. 2:765 women's eual participation in political and public hie i one way to achieve marked improvement in women’s de fato and de je equality ‘The CLDAW Committee raised its concern on the enitence of patarchil atinudes and deep-rooted stereonpes ‘exarding the roles and responsbiltes of women and men in the Gee 3nd sociy. These sereorypes presenta significant impediment Implementation of the Convention .. as well at of the deadvantaged Psion of women in a number of ares, including in all ecco Jabour market andl in political and public hie The Commitee called upon the Philippines so ssablnh concrete goals and timetables and to take sustained measure, including temporary special measures, in accordance ‘with ariel argmiph of “the Convention "and the Commitee’ gener fecommendation 2$ on temporary special measures, to accelewte Wonnn'y life and ensure that the "Epresentation of women in political and public bodies relecs the tt verity of the popultion, pariculaly indigenous women seal Mead Jr ato recommended to the Philippines to “implement eraining programmes Ai isenestasing campaigns to highligh che importance to wocecty we ¢ hake of women’s full and equal participation in leadership positions val levels of decision-making,"™2* The intensional failure on the part of the Philippine government to sqaure the protection and flfilment of sexual and reproductive righe iss President Gloria t© uphold Filipino women’s sexual and {hroductive nights isan example of poor governance. As enunciated in toby Constitution, “sovereignty resides in the people and all govermmere auuherity emanates from them."= Thus, a a representative ofthe Flipine People, the President is obligated to uphold women's. sexual on reproductive rights 219. Concluding Comments, pra note 45,4 17, ~ 220.14. $ 24 aati, 222. PHIL, CONST. att I, § 2008] WOMEN'S RIGHTS UNDER CEDAW Sor VL. PHILIOPINE STATUS OF RATIFICATION AND REPORTING ON THE MAJOR HUMAN RIGHTS TREATIES ‘The Philippines has ratified several treaties including the CEDAW, the Civil ana Political Rights Covenant the Economic, Socal and Cultural Rights Covenant. che Convention on the Rights of the Child2*5 the Convention Against Torture, the Convention on Racial Discrimination.” the ‘Migrants Convention,*¥ and the Convention on the Rights of Persons with Disbilties” The Philippines has not ratified the Rome Statute of the International Criminal Court, the Optional Protocol 0 the Convention fon the Righss of Perons with Disbilites3" and the International Convention for the Protection of All Penons from’ Enforced Disappearance The Special Rapporteurs on extrajudicial summary or arbitrary executions situation of human rights and fundamental Reedoms or 2}ICCPR, apa note 1 se4totematiom Covenant om Economic, Social and Cultural Right, 93 UNTS. 5: GA. Res. 22008 (XI, 21 UNGAOR Supp. (No. a6) t oe UN, Doc: A/6516 (1966), ened into fone Jan. 3, 1996. 225 Convention on the Right of the Child, 1577 U.N-TS. 3: GA. Res. 44/25, amex: 44 CN. GAOR Supp, (No. 49) at 167, UN. Doc. A/44/49 (ote) ‘tered inte ve Sep. 2, 190 26.Convention against Torture and Other Cruel Inhuman or Degrding [reatment oF Punishment, 1468 U.N.TS. 85; GA Res, 39/46, amex, #9 UN GAOR Sopp. (No. 51) 38 197, UN Doc. 8/30/51 (1984), ented int ine June 26.198), 227-bermational Convention on che Elimination of All Forms of Racial Cietiminaton, 66o UNTS. 195: GA. Res. 2106 (XX), Annex, 30 UN GAOR Supe (No. 14) at 47, ULN, Doc. A/6014 (1966), entered ina fone Jn 2h {retmationsl Convention on the Protection of the Righs: of All Migane rowkers and Members of Their Families, 30 1LM. 1517 GA, Res, Stak, tine a5 UN. GAOR Supp. (No. 49A} at 263, UN: Doe. A/4s/49 (ee), ered int foe July 1. 2605, %9 Convention ofthe Rights of Penons with Disabilities, GA, Res. 61/611, UN. oc. A/61/6:1 (2008); mee inte fore May 5 soot *s0 Rome State ofthe International Criminal Cout, 2187 UNS. 90; UN, Doe: A/CONF.183/9 (1958), ented int fone July teaser, *HOFNonal Protocol on the Rights of Penons, with Disables, UN Doc 61/611 (2006), emer into fe May 3, 2008, %2 rematonal Convention for the Protection of All Persons fom Eninced Dsppearance,E/CN.a/2003/W6.22/ WP 1/ Rev. (ae) Ss Qed Navons Human Right Counc, Inplonenson of Cee Ase Roclaion 6/251 o 5 March 2006 Entitled “Hhonon Right Court” PearsNoz ATENEO LAW JOURNAL Ivou. 52:765 ‘ndigenous people,*} the human rights of migrants and the Representative of the Secretary-General on internally displaced persons?” have issued reports on the Philippines. The Philippines, however, hav not ‘sued a “standing invitation” to the Special Rapporteurs despite having been pointed out in the April 2008 United Nations Human Rights Council review on the Philippines? The Philippines has been delayed in submitting its report to the teaty- ‘monitoring bodies. The delayed and combined country reports due are the following: the CEDAW Committee 7h and 8th country report in 2010, Committee on Economic, Social and Cultural Rights sth country report on 0 June 2010: Human Rights Committee 3rd country report overdue since 1 November 2006; Committee on the Rights of the Child rd and 4eh country report overdue since 19 September 2007; and Committee against ‘Tonture and to sth reports overdue since 1992, 1996, 2000, and 2004, VII. ConcLUSION Having ratified CEDAW, the Philippines signified its intent as a State party to be bound by its obligations to the convention. As a State patty, it has to fulfill ts obligation co enact laws and policies, establish ease laws and practices thar are in line with very the basic principles of CEDAW on ‘equality and non-diserimination of women, The CEDAW must be used to the fullest extent possible, through “all appropriate means”™)" and cven through “temporary special measures"? or ‘more populatly known ss afirmative action, for the “full realization"? of women's right. a Note om the Vist of the Special Rapporteur on Exngjudal, Summary or Airy Exeaions, Philip Aston, © the Philippines (Feb. x-a8, 007) AVHIRC/20/Add 3 (Mat. 22, 3007) United Nations Economic and Social Council, Rep ofthe Special Rapporteur om the Simotion ¥ ‘Hiner Rights and Fundamensi Freedoms of Indigenous Prop, Mr, Redelfo Stavenha F/CN.4/2003/90/Add.s (Mat. 5, 2003) 235, United Nations Economic and Social Cound, Report ofthe Spaial Rapport 4M. Gabriel Roshguez Pisano, E/CN.4/3003/85/ Aad (Nov. 1 2003), 236. United Nations Economic and Social Council, Repor ofthe Representative ofthe Seaetan-General on Intemally Diplaced Panont, Me. Fret Beng, EXCN 4/2003/86/Add.4 (Feb. 3, 2003) 237-United Nations Human Rights Council, Report of the Working Group on the nivel Pec Review, A/HRC/WG.6/1/PHL/s (Apr. 16, 2088). A tanding ination wn open invitation forthe Rapporteurs to vs the Philippines 238. CEDAW, ant. 2 230M ae 4 240.14 act. 24 2008] WOMEN’S RIGHTS UNDER CEDAW 803 recognized under the Convention. Whether in the legislative, executive, or judicial field, oF as private actors, all are called to fall eheir obligations 0 respect, procect, nd fulfill women's right