“(T)he debate has focused only on whether the Bill should be passed or rejected in its present form. Either option would not be good for Filipinos.”
by Ducky Paredes
Some Jesuits (Fr. Eric O. Genilo, S.J., Fr, John J. Carroll, S.J., and Fr. Joaquin Bernas, S.J. ) have issued a letter on the Reproductive Health Bill under the auspices of the Loyola School of Theology and the John J. Carroll Institute on Church and Social Issues. I pass this on (slightly abridged for length) without comment but welcome readers’ comments:
The polarization of Philippine society over the Reproductive Health Bill has been a source of discouragement and discontent among Filipinos. It is unfortunate that the debate has focused only on whether the Bill should be passed or rejected in its present form. Either option would not be good for Filipinos. The Church sees in the proposed Bill serious flaws that can lead to violations of human rights and freedom of conscience. It would not be acceptable to pass it in its present form. Total rejection of the Bill, however, will not change the status quo of high rates of infant mortality, maternal deaths, and abortions. It is a moral imperative that such dehumanizing conditions should not be allowed to continue. What is needed is a third option: critical and constructive engagement.
The Church insists on protection of human life upon fertilization. The question to be answered by the State is if this is the same position it will take regarding the protection of human life.
The Philippine Constitution says that the State will protect the life of the unborn upon conception. It is not specified in the Constitution whether conception means fertilization or the implantation of an embryo in the womb. The Constitutional Convention seemed to favor fertilization. The definition of conception will have a bearing whether contraceptives that prevent the implantation of embryos would be legally allowed or not. This definition of conception in the Constitution must be worked out both by medical and legal experts in order to determine the parameters of what reproductive services can be provided by the Bill.
At the center of the controversy regarding abortion and the RH Bill are IUDs and other contraceptive medications and devices that may have the possible effect of preventing the implantation of an embryo, which for the Catholic Church, is considered an abortifacient effect.
Proposal: The State first has to make a clear position whether it considers the prevention of implantation of an embryo as an abortion. If the State takes this position, there must be a careful and scientifically based evaluation of each of the medicines and devices provided by the Bill. Those contraceptive medicines and devices which are determined to have abortifacient effects are to be banned even now and regardless of whether the RH Bill is passed or not.
The mandatory nature of the sexuality education curriculum proposed by the Bill is a concern for the Church because it would compel Catholic educators to teach parts of the curriculum that may be unacceptable for Catholics. The Church is also concerned that the parents’ right to decide on the education of their children would be denied by such a mandatory curriculum for all schools.
Proposal: For the purpose of protecting academic freedom and respecting religious traditions, should not the right of religious schools to write and implement their own sexuality education curriculum according their religious traditions be respected? For public schools and non-religious private schools, an appointed panel of parent representatives, educators, experts in child development and psychology, medical experts, and representatives of religious traditions can write the sexuality education curriculum and the DEPED can monitor the implementation. Parents with children in public schools should have the right to have their children exempted from the sexuality education class if the curriculum is not acceptable to them. The Constitution allows religious instruction in public schools only if the parents consent in writing. Should a similar provision be enacted relative to sexuality education? The Bill must also respect the conscientious objection of individual educators who refuse to teach a sexuality curriculum that violates their religious beliefs.
Even if the majority of the population of the country are Catholics, our democratic system should ensure that public polices are not determined solely by majority vote but also by a careful consideration of the common good of all, including non-Catholics.
The Compendium of the Social Teaching of the Church rejects any imposition of norms by a majority that is discriminatory of the rights of a minority: (#422) “Because of its historical and cultural ties to a nation, a religious community might be given special recognition on the part of the State. Such recognition must in no way create discrimination within the civil or social order for other religious groups;” (#169): “Those responsible for government are required to interpret the common good of their country not only according to the guidelines of the majority but also according to the effective good of all the members of the community, including the minority.”
It is the duty of various religions to teach their faithful and form their consciences about what their religious tradition allows and prohibits with regard to family planning. It is the duty of the government to provide correct and comprehensive information on all non-abortifacient (as defined by law) family planning methods that are available. Consciences will thus be better equipped to make informed choices according to their religious traditions.
Proposal: There can be two separate parallel programs for providing information and training, one for NFP and another for artificial methods of family planning (with separate budgets). The separation of the programs will ensure that NFP will get adequate funding and those trainers who wish to teach only NFP for religious reasons will not be forced to teach artificial methods. The conscience of health workers and trainers should be respected. If a Catholic health worker or trainer conscientiously objects to teaching contraception methods, he or she should be allowed to teach only NFP methods.
The current Bill prohibits the refusal of health care services and information based on a patient’s marital status, gender or sexual orientation, age, religion, personal circumstances, and nature of work. This provision must have parameters. For example, if a doctor refuses to administer an IUD to a minor who requests for it, would that be considered age discrimination?
Should the provision apply equally to both in the public and private health care providers or shouldn’t private practitioners have more leeway in practicing their medicine as they see fit?
Proposal: The question of whether contraceptives are essential medicines should be resolved by a panel of objective medical experts such as the Philippine Medical Association. What contraceptives actually prevent diseases? It would be helpful to be able to present cases where the use of a contraceptive is a medically indicated treatment for a particular disease or emergency situation. If some contraceptives are ultimately decided as essential or emergency medicines that should be stocked in government health centers and hospitals, no contraceptives with abortifacient effects are to be allowed.
The above proposals are intended to generate constructive and respectful dialogue leading to concrete actions that would correct the RH Bill. It is hoped that the parties involved in the RH debate would move away from hard-line positions and consider negotiations as a more positive step towards working for the good of all Filipinos, with special consideration for the unborn, the youth, women and families in difficult circumstances.
Finally, we can turn to the following Christian maxim as our guide in our search for answers and solutions regarding the RH Bill: “In essentials, unity; in non-essentials, liberty; and in all things, charity.” For things pertaining to protecting human life and dignity, we need to come to a consensus for the common good; for things that can be left to individual decisions without violating human life and dignity, we need to respect freedom of conscience of every Filipino both Catholics and non-Catholics; in all our discussions, we need to speak and act with charity and understanding as members of the same human family and community.
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hvp 10.28.10
3 Comments
This country is damn overpopulated already! And what makes this worse is that no one seems to consider this to be a serious problem. Overpopulation causes pollution, poverty, starvation, crimes, and what-have-you’s. Government has to conduct some program and tell the people the effects of overpopulation. Mother Nature does not need more babies so people should stop breeding!
Pass the RH Bill! No more Damaso!
it’s a good proposal. maybe this country IS overpopulated and can cause pollution, poverty, starvation, crimes, and what-have-you’s. Hey, look on the brighter side. More people means more taxes, and more taxes means more money to fix the REAL causes of pollution, starvation, crimes, and etc. But where those taxes end up? What our people need is the knowledge, the truth, and the control. The bill only gives knowledge and not the truth. So, why not give them both? =)
If the government, from the national down to the local government units, could only save 30-40 % of government funds from corruption, then there is no doubt that people will have money for their food, education, health etc, tiyak and pag-unlad ng pinas. Kaso dami corrupt sa gobyerno, kaya tuloy dami mahirap.
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