SEC.1.Title. - This Act shall be known as the "The Reproductive Health Care Act of 2002"

       SEC.2.Declaration of Principles. - The State recognizes and guarantees the human rights of all persons including the right to equality and equity, the right to development, the right to reproductive health, the right to education and the right to choose and make decisions for themselves in accordance with their religious convictions, cultural beliefs, and the demands of responsible parenthood.

       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 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.

       In furtherance of these principles, the State shall guarantee access to information and education, and universal access to safe, affordable, and quality reproductive health care services.

       The State shall positively address and seek to eradicate discriminatory practices, laws and policies that infringe on a person's exercise of sexual and reproductive health and rights.

       SEC.3.Objectives. - The Reproductive Health Care Act aims to:

a)	Provide couples and individuals timely, complete and accurate and education on reproductive health;
b)	Provide couples and individuals access to safe, affordable and quality reproductive health care services;
c)	Ensure the planning, implementation, and evaluation of appropriate and effective reproductive health care programs at the national and local levels including maternal, peri-natal, infant, and child health care; family planning information and services; services for the prevention of abortion and management of post-abortion complications; adolescent and youth health services; prevention and management of reproductive tract infections; elimination of violent against women; education and counseling on sexuality and sexual health; treatment of breast, reproductive tract cancers and other gynecological conditions; male involvement in reproductive health; and prevention and treatment of infertility and sexual dysfunction.

       SEC.4.Definition of Terms. - For the purpose of this Act, the following terms shall be defines as follows:

a)	Reproductive health - is 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 function and processes. This implies that people are able to have a satisfying and safe sex life and women and men attain equal relationships in matters related to sexual relations and reproduction.
b)	Reproductive rights - are the rights of individuals and couples to decide freely and responsibly the number, spacing and timing of their children; to make other decisions concerning reproduction free of discrimination, coercion and violence; to have the information and means to do so; and to attain the highest standard of sexual and reproductive health.
c)	Gender equality - is the absence of discrimination on the basis of a person's sex, in opportunities, in the allocation of resources or benefits, or in access to services.
d)	Gender equity - is 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.
e)	Reproductive Health Care - is the constellation of methods, techniques and services that contribute to reproductive health and well being by preventing and solving reproductive health-related problems. The elements of reproductive health care include: maternal, infant and child health and nutrition; family planning information and services; prevention of abortion and management of its complications; adolescent and youth health; prevention and management of reproductive tract infections (RTIs), HIV/AIDS and other sexually transmittable infections (STIs); elimination of violence against women; education and counseling on sexuality and sexual health; treatment of breast and reproductive tract cancers and other gynecological conditions; male involvement and participation in reproductive health; prevention and treatment of infertility and sexual dysfunction;
f)	Responsible parenthood - is the will and the ability to respond to the needs and aspirations of the family and children.
g)	Family planning - is that which enables couples and individuals to decide freely and responsibly the number and spacing of their children and to have the information and means to do so, and to have informed choice and access to a full range of sage and effective family planning methods, provided that abortion is not included as a family planning method.
h)	Adolescent sexuality - refers to the reproductive system, gender identity, values or beliefs, emotions, relationship and sexual behavior of young people as social beings. Adolescence pertains to people aged 13 to 24.
i)	Male involvement and participation - refers to the involvement, participation commitment and joint responsibility of men with women in all areas of sexual and reproductive health, as well as the care of reproductive health concerns specific to men.
j)	Reproductive tract infections (RTI) - includes sexually transmitted infections, sexually transmitted diseases and other types of infections in the reproductive organ.

       SEC.5.Reproductive Health Care Program. - A Reproductive Health Care Program shall:

a)	Undertaken programs and services towards educating people of their reproductive health and rights and increasing their access throughout their life to appropriate, affordable and quality reproductive health care , information and related services;
b)	Provide accurate information and education and counseling regardless of marital status, sex and age on the full range of legal and medically-safe family planning methods that include the relative benefits and risks of each method;
c)	Provide maternal , peri-natal, and post-natal education, care and services
d)	Develop and implement specific services that promote male involvement and responsibility in reproductive health as well as other reproductive health concerns of men;
e)	Undertaken programs for the prevention of abortion and management of post-abortion complications. The government shall take appropriate steps to help women avoid abortion such as the conduct of education programs on preventing unintended pregnancies and ensuring access to quality family planning methods; the prevent of sexual violence on women and girl-children; and provision of social support to indigent women. While nothing in this Act changes the law on abortion, the government shall ensure that women seeking care for post-abortion complications shall be treated and counseled in a humane, non-judgmental and compassionate manner.
f)	Develop and undertake reproductive health programs for adolescents including information that will enable them to understand their sexuality and sexual responsibility. These shall include education on gender roles and values. Further, the program shall provide access to maternal health care, including pre-natal, peri-natal and post-natal care and services for pregnant adolescents; and services geared towards the special reproductive health needs of adolescents including the marginalized, street children, sexually abused children, the differently-abled person, and out-of-school youth.
g)	Undertake programs and services for the prevention and appropriate treatment of infertility;
h)	Undertake programs and services for the treatment of reproductive tract infections, HIV/AIDS and other STIs, breast cancer and other gynecological disorders;
i)	Provide education and information on human sexuality and responsible parenthood in schools, workplaces and communities;
j)	Provide information and services addressing the reproductive health needs of the marginalized, older persons, women in prostitution, the differently-abled person; and women and children in war crisis situations.
k)	Ensure that reproductive health services have adequate and a full range of supplies, facilities and equipment and that service providers are fully trained for reproductive health care.

       SEC.6.Implementing Mechanism. - A Reproductive Health Management Council (RHMC) shall be established in the Department of Health to incorporate reproductive health and rights concerns into its plans, programs and services. The RHMC shall be composed of various national agencies, local government units and the civil society.

       The RHMC shall, as it may deem necessary, establish mechanisms that will implement the provisions of this Act.

       The RHMC shall have the following functions and responsibilities:

a)	Formulate an integrated national policy and program on reproductive health that shall be implemented in the DOH - retained hospitals, the local government unit-managed health facilities, other health-related facilities operated by government organization, as well as health facilities and services operated and managed by the private sector, NGOs and other civil society organizations opt to participate in implementing said policy:
b)	Review national and local law s and policies that infringe on the sexual and reproductive health and rights of all individuals and couples and recommend to appropriate executive and/ or legislative bodies the amendment and/ or repeal of such law as and policies;
c)	Strengthen the capacities of health regulatory agencies to ensure safe, high-quality, accessible, and affordable reproductive health services and commodities with the concurrent strengthening and enforcement of regulatory mandates and mechanisms;
d)	Take active steps to expand the coverage of the National Health Insurance Program (NHIP), especially among the poor and marginalized women, to include the full range of sexual and reproductive health services, commodities and supplies as health insurance benefits.
e)	Promote the involvement and participation of and provide actual policy, program and financial support to civil society in reproductive health and family planning supplies and commodities to make them accessible and affordable to ordinary citizens. Civil society, represented by NGOs, women's organizations, and other groups shall be at least thirty per cent of all seats in the Reproductive Health Management Council.

       SEC.7.Prohibited Acts. - The following acts are prohibited:

a)	Restrictions on the dissemination of information regarding family planning including requirements for third party authorizations in voluntary sterilizations and other voluntary sexual and reproductive health procedures;
b)	Restrictions on the banning of reproductive health care and services issued by any government agency or any its instrumentalities, any local government unit, and any individual government official at both national and local levels with power and authority over any subordinate;
c)	Refusal to extend quality health services and information on the basis of marital status, gender or sexual orientation, age, religion and nature of work. All conscientious objections based on medical, ethical and religious grounds shall be recognized provided that upon demand of any reproductive health care and services, the person or persons demanding such care and services is immediately referred officially to another health practitioner or professional with a verified proof that such person or persons have been provided adequate attention and care.
d)	The provision of limited, incorrect or inaccurate information regarding reproductive health and sexuality.

       SEC.8.Penalties - Any act or policy that violate against the exercise of one's sexual and reproductive rights and/or violate any provision of this Act is punishable by imprisonment of one month to six months and/or a fine of Twenty Thousand Pesos (P20, 000.00).

       SEC.9.Reporting Requirements - Before the end of April each year, the DOH shall submit an annual report to the President of the Philippines. The report shall provide a definitive and comprehensive assessment of the implementation of its programs and those of other Government agencies and instrumentalities, civil society and the private sector and recommend appropriate priorities for executive and legislative actions. The report shall be printed and distributed to all national agencies, the LGUs, civil society and the private sector involved in said programs.

       The annual report shall evaluate the content, implementation, and impact of all policies related to reproductive health, and family planning to ensure that such policies promote, protect and fulfill women's reproductive health rights.

       SEC.10.Appropriations - An initial allocation of Fifty Million Pesos (P50, 000,000.00) shall be included in the General Appropriations to support the policies and objectives under this act. Upon creation and establishment of the Reproductive Health Management Council, the DOH shall consolidate any surplus funds from previous years and/or existing budgets pertaining to reproductive health and family planning services into the new agency. Congress shall provide subsequent appropriations in the annual budget of the Department of Health under the General Appropriations Act.

       SEC.11.Separability Clause - If any part, section or provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall remain in force and effect.

       SEC.12.Repealing Clause - All other laws, decrees, orders, issuances, rules and regulations which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

       SEC.13.Effectivity - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspapers or general circulation.

Philippine NGO Council on Population, Health and Welfare, Inc. (PNGOC)
#38-A San Luis St. Pasay City 1300 Philippines
Tel. No. 551-6285 Fax. No. 834-5008