Bill giving pregnant minors better access to health, social services hurdles panel
MANILA, Philippines — In a bid to further reduce pregnancies among adolescents in the country, the House Committee on Youth and Sports Development has greenlighted a bill establishing “adolescent-friendly” sexual and reproductive health services, as well as social protection measures for pregnant minors.
The committee approved on Tuesday a still-unnumbered substitute bill consolidating eight bills and one House resolution creating the “Adolescent Pregnancy Prevention Act," which would create a national policy to prevent adolescent pregnancies while institutionalizing social protection for adolescent parents.
The measure mandates that the Department of Health (DOH)-approved standards for adolescent-friendly health facilities and hospitals be institutionalized and “made a requirement” for the accreditation of private and public health facilities.
The bill also aims to provide social protective services, like psychosocial care and legal services, for female minors who experience sexual violence or those caught in the midst of humanitarian crises, armed conflict and climate-related or emergency situations.
Rep. Edcel Lagman, principal author of the measure, said that addressing the crisis of adolescent pregnancy will entail the creation of evidence-based prevention programs and widening adolescents' access to information.
Lagman added that the measure also aims to provide adolescents with "non-judgmental care and support" from trusted adults to help them make "responsible life choices on relationships, sex and their reproductive health."
‘Mature-minor doctrine,’ int’l principles weaved into bill
The measure gives minors or persons below eighteen years of age the right to avail of reproductive health services, including contraceptives, without parental consent under certain conditions.
In giving persons aged 15 to 18 years old the right to avail of reproductive health services without permission from their parent or legal guardian, authors of the law cited the principle of the "evolving capacities of the child.”
UNICEF has described this as “a new principle of interpretation in international law recognizing that as children acquire enhanced competencies, there is a diminishing need for protection and a greater capacity to take responsibility for decisions affecting their lives.”
Meanwhile, adolescents below 15 years old who have "begun childbearing, who are pregnant, or who have experienced sexual abuse, miscarriage, sexually active or engaged in high-risk behavior" will also have "full access" to reproductive health services without parental consent.
The principle cited for this provision is the “mature-minor” doctrine – a common law in the United States and Canada that takes into account that some minors are mature enough to consent independently to medical procedures.
Recognizing that adolescent mothers who experience sexual violence are disproportionately vulnerable, the measure also mandates the provision of legal, medical and psycho-social services for them.
Among others, the services will cover medico-legal examinations and referral to places where adolescent mothers can seek protective custody or temporary shelter.
The measure also mandates the "swift and efficient delivery of sexual and reproductive health services" for adolescents and pregnant girls in cases of humanitarian, armed conflict and emergency situations.
"Increased vigilance shall be practiced in cases of gender violence, sexual assault and exploitation in these situations,” the bill noted.
The United Nations Population Fund Philippines (UNFPA) has commended the passage of the measure.
“UNFPA supports the pursuance of legislation that would expand the choices of adolescents to sexual and reproductive health services without discrimination,” said UNFPA Philippines Country Representative Leila Saiji Joudane, who previously served as resource person for the deliberation of the bill.
“Adolescent pregnancy is one of the biggest challenges that Filipino youth are facing today. UNFPA is looking forward to seeing the adolescent pregnancy bill approved by both chambers of Congress and enacted into law,” Joudane added.
Although pregnancy rates among those aged 15-19 years old have gone down to 7.2% in 2021 from 14.4% in 2013, the Philippines still has one of the highest adolescent birth rates among ASEAN countries, according to the UNFPA.
In December, DOH Officer-in-Charge Maria Rosario Vergeire reported that the adolescent birth rate in the country is now at 25 per 1,000 women – an improvement over the 2022 target of 37 per 1,000 women.
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