For over a century, the government has imposed an abortion ban in the Philippines, a deeply Catholic state. It is stated in articles 256, 258, and 259 of the Revised Penal Code that any woman who undertakes the procedure, as well as anybody who aids in it, will be criminalized. No other law in the Philippines authorizes abortion even where incest, rape, or life-threatening pregnancies exist. The abortion ban in the Philippines remains firm under all circumstances and is highly stigmatized by the Catholic religion.
When I was taking my EnLit classes back in freshman year, the legalization of abortion was one of the most problematic and rampant topics we discussed. We debated about whether or not the only way to lower the number of abortion cases would be to criminalize it. However, through the years, criminalizing abortion has not reduced the number of abortions, but rather, driven over half a million women to undergo unsafe abortions each year.
Evaluating today’s abortion policy
Research in 2005 proved that the current abortion ban did not reduce the number of abortions in the country, but rather, made the abortion procedure all the more dangerous for women. According to the sexual and reproductive health research organization Guttmacher Institute, “the abortion procedure many Filipino women resort to are held under unsanitary conditions using outdated techniques.” In fact, such conditions caused the death of 1,000 Filipinas each year due to pregnancy complications. This is because women are more compelled to undergo unsafe abortions rather than to be held criminally liable.
Moreover, more recent estimates from the Guttmacher Institute in 2012 show that over 100,000 of around 610,000 Filipino women who resorted to unsafe abortions were hospitalized.
The alarming number of abortion-related deaths and health complications despite the legal consequences of the act signals for a change in the current policy. Thus, I believe that a new policy that is similar to the model of Chile should be implemented. Specifically, the policy should allow women to undergo abortion only under three specific circumstances: The pregnancy is a product of rape, the life and health of a pregnant woman is threatened, and the unborn child has a serious fetal impairment.
I would like to argue for the implementation of said policy. Similar to the Philippines, Chile was once a Spanish colony with a strong Catholic influence. Both countries have also experienced the same problems like the rampancy of rape and abortion complications that continue to risk women’s lives.
Therefore, I believe that this policy is the best compromise for a predominantly Catholic country. Its reasons for allowing abortion does not entirely go against the Catechism of the Catholic Church which states, “Human life must be respected and protected absolutely from the moment of conception. From the first moment of his existence, a human being must be recognized as having the rights of a person—among which is the inviolable right of every innocent being to life” (No. 2270). In fact, the policy actually saves both the woman—especially with regard to violent rape—and the baby’s lives from serious health complications.
A shield for Filipino women
Another point to consider is the fact that the aforementioned abortion policy is favorable to many Filipino women who are victims of crimes such as rape, incest, and sexual abuse. Rape crimes are rampant in the country and rape survivors are usually left with no choice but to proceed with unsafe and illegal abortion practices.
Furthermore, women are equally entitled to the fundamental right to life, health, and one’s own decisions. They should have the freedom to opt for an abortion in order to save their child from various lethal disorders which cause death—of the parent or the child—at birth.
Protecting the right to life of a woman is an integral aspect of the 1987 Constitution of the Republic of the Philippines. No one should be denied the right to fight for his or her life due to stigma brought by the Catholic religion and the misinformed view that abortion kills innocent lives.
Finally, the suggested policy is in line with the law and is supported by the Filipino people such as constitutionalist and priest Fr. Joaquin Bernas. He believes that abortion may be allowed to save the life of the woman under the protection of the 1987 Constitution. There are also many Filipino medico-legal writers who wrote legal medicine books that recognize the right to therapeutic abortions to preserve the life and health of the woman.
Thus, we should make this revised abortion policy a reality with the help of our fellow Filipino people who believe in protecting the life of the woman. With this, many Filipino women, like any other citizen of society, may continue living their lives in peace and with freedom.
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