Ethical and Legal Issues in Reproductive Health

Published: February 2, 2022 by Varone Lander Garcia, Careys Joy Sandoval & Princess Yvone Zosima
Last updated on March 21, 2022

Ethical Issues of Contraceptive Use

Contraception provides people the choices of preventing unintended pregnancies, allowing them to decide on the number of children and improve birth spacing, which in turn lead to better health outcomes for infants, children, and women. Furthermore, some contraceptives, like male and female condoms, also provide protection against sexually transmitted infections (STIs), including human immunodeficiency virus (HIV). For all these reasons, ensuring access to contraception and family planning services is recognized as a decision that will maintain the health of the people and facilitate economic development..

However, the wide availability of contraceptives in the country bring about concern as conservatives believe that the application of such anti-life birth control methods will lead to promiscuity. According to their argument, people, especially teenagers, may ignore the health risks and become encouraged to increase sexual activity with more partners, making it morally wrong. At present time, the use of contraception makes it easier for people to have sex outside marriage and as this proves true, public morality is undermined and there remains a significant risk of women or teenagers becoming pregnant and conceiving a child. 

Instead, natural family planning is the method considered morally acceptable by everyone. Hence, it is urged that couples consult with midwives, nurses and doctors by calling the Telemedicine hotlines or the Commission on Population to avail themselves of family planning services/supplies and prevent unwanted pregnancies.

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The Impacts of Unintended Pregnancy

Over the last two decades, childbearing among Filipino adolescents presented an increasing trend with data in 2017 showing roughly 1 in 10 Filipinas were already pregnant or had given birth. Consequently, unintended (mistimed and unwanted) pregnancies were more likely among adolescent mothers than older women, with approximately 30% of births reported as unintended.

A University of the Philippines Population Institute (UPPI) and United Nations Population Fund (UNFPA) study showed a 42% increase in unintended pregnancies among Filipinos in 2020. Based on the January 2020 Policy Brief by the UNFPA, only 3% of all live births within the adolescent age group of 10 to 19 are fathered by men of the same age group. In other cases, unintended pregnancies, according to the briefer, were a result of “coercion and unequal power relations between girls and older men.” In addition, the religious beliefs and conservative ideals against abortion and contraception which remain embedded in Filipino social norms, policy and legislation continue to hinder the free and full maximization of Filipino adolescents’ SRH rights. With abortion also being illegal in the country, anyone found guilty of either terminating a pregnancy or helping someone abort their child can be imprisoned for up to 6 years. Thus, women who are pregnant and do not plan to have children yet are left with no other choice but to give birth to their children. 

As the COVID-19 pandemic occurred, the country has cycled through various levels of community quarantine, each differing in intensity, in that they limit the amount of people allowed to go out in varying degrees. The pandemic and the subsequent quarantine of various areas in the Philippines has led to a decrease in access to family planning, proper women health care, and contraceptives. The Commission on Population also reported that the use of modern contraceptive methods among women declined by 2.2 percent during the lockdown. This means 400,000 women dropping out of family planning programs, thus increasing the likelihood of unplanned pregnancies. Moreover, a study by the UNFPA in 2016 found that adolescents lose aggregate lifetime earnings of about PHP33 billion due to early childbearing. Extensive literature and news articles have also highlighted the association between adolescent pregnancy and risks of pregnancy/childbirth-related morbidity and mortality, as well as compromised educational and employment opportunities, especially with teenagers in impoverished communities.

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Teenage Pregnancies

In the Philippines, adolescent pregnancy is declared a serious public health concern of national priority due to its potential health and socioeconomic risks to young mothers, their children, and the country at the macro perspective. The structural inequalities among people in terms of age, gender, and social class make the them more vulnerable to adolescent pregnancy with the denied/inadequate access to sexual and reproductive health (SRH) learning resources and services.

Unplanned pregnancies usually cause lower educational achievement in teenagers as they are more likely to drop out of school due to health problems or in fear of other people’s judgment, which eventually decrease their chances for employment as a young adult. Hence, with the increased cases of unintended pregnancies in teenagers amidst the lacking support, the economy’s growth is also continuously threatened.

Abortion in the Philippines

Unintended pregnancy is a common problem among Filipino women, especially with teenagers of reproductive age. Although the Philippine government has made efforts to improve access to contraceptive services, abortion is highly stigmatized due to the deeply embedded moral values on the sanctity of life and thus, it remains illegal under all circumstances until today. In contrast to the liberalizing trend in contraceptive policy, the Philippines’ abortion law is among the strictest worldwide.

While a liberal interpretation of the law could exempt abortion provision from criminal liability when done to save the woman’s life, there are no such explicit provisions. There is also no mention of exceptions in cases of rape, incest or fetal impairment. The Penal Code considers abortion to be a criminal offense punishable by up to six years in prison for doctors and midwives who perform abortions and by 2‒6 years in prison for women who undergo the procedure, regardless of the reason. A separate set of laws under the Midwifery Act, Medical Act and Pharmaceutical Act permit the revocation or suspension of the licenses of any practitioner who performs abortions or provides abortifacients. However, despite the procedure being illegal in the country, women and teen mothers who desperately seek it still undergo unsafe abortions that are often performed in unsanitary conditions by underground abortionists using outdated techniques.

With these potentially fatal abortions performed, significant risks are imposed among Filipino women. Others become hospitalized while about 1,000 die every year from abortion complications, which contributes to the country’s high maternal mortality ratio. Adolescents and young women are also particularly vulnerable to this as comprehensive sex education and contraceptive supplies remain lacking while sexual activity among young people is becoming more common in the Philippines. As a result of the criminalization of abortion and the discriminatory environment in the country, women are left with limited means to control their fertility, thus exposing them to unsafe abortions and making them susceptible to abuse in the current health system.

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References
World Health Organization. (2020, November 9). Family planning/Contraception methods. http://www.who.int/news-room/fact-sheets/detail/family-planning-contraception.

Hussain, R. & Finer, L. B. (2013). Unintended pregnancy and unsafe abortion in the Philippines: context and consequences. Guttmacher Institute. http://www.guttmacher.org/pubs/IB-unintended-pregnancy-philippines.pdf.

Johnson, H., Simonette, V., & Drury, F. (2020, December 23). Covid-19: The Philippines and its lockdown baby boom. BBC News. https://www.bbc.com/news/world-asia-55299912

National Nutrition Council. (2021, March 22). Negative Impacts of Teenage Pregnancy in the Philippines. https://nnc.gov.ph/regional-offices/mindanao/region-ix-zamboanga-peninsula/4931-negative-impacts-of-teenage-pregnancy-in-the-philippines

UNFPA Philippines. (2020, August 14). Significant rise in maternal deaths and unintended pregnancies feared because of COVID-19, UNFPA and UPPI study shows. https://philippines.unfpa.org/en/news/significant-rise-maternal-deaths-and-unintended-pregnancies-feared-because-covid-19-unfpa-and

World Health Organization. (2019, October 25). High rates of unintended pregnancies linked to gaps in family planning services: New WHO study. https://www.who.int/news/item/25-10-2019-high-rates-of-unintended-pregnancies-linked-to-gaps-in-family-planning-services-new-who-study
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