EnGendeRights, Inc.

88-A Calumpit St., Veterans Village, Quezon City, 1105, Philippines Tel. No. (632) 376-2578, engenderights@pldtdsl.net, www.engenderights.org

September 6, 2011

TO:

Sangguniang Barangay Cupang Proper Sangguniang Barangay Cupang West Sangguniang Barangay Puerto Rivas Ibaba Sangguniang Barangay Puerto Rivas Itaas Sangguniang Barangay Puerto Rivas Lote Sangguniang Barangay Tortugas Sangguniang Barangay Tanato

RE: Position Paper on the Unconstitutionality of Seven Barangay Ordinances that Prohibit Contraceptives in Balanga, Bataan

Dear Sangguniang Barangays:

EnGendeRights, through the undersigned counsel, respectfully submits the attached position paper and its annexes to the Sangguniang Barangays to declare the seven barangay ordinances that prohibit contraceptives unconstitutional. These ordinances are the following: a) b) c) d) e) f) g) Barangay Cupang Proper Ordinance No.004, Series of 2011; Barangay Cupang West Ordinance No.08, Series of 2011, Barangay Puerto Rivas Ibaba Ordinance No. 09, Series of 2011; Barangay Puerto Rivas Itaas Ordinance No. 01, Series of 2011; Barangay Puerto Rivas Lote Ordinance No. 03-01, Series of 2011; Barangay Tortugas Ordinance No. 03, Series of 2011; Barangay Tanato Ordinance, Series of 2011

The attached Position Paper is being submitted to stop the grave violations of women's human rights resulting from the enactment of the seven barangay ordinances in Balanga, Bataan that prohibit contraceptives. These seven barangay ordinances penalize the sale, promotion, advertisement, and prescription of modern contraceptives including hormonal contraceptives and intrauterine devices (IUDs), prohibit barangay funds to be used for the purchase or provision of such contraceptives, prohibit barangay officials from soliciting, accepting, or dispensing such contraceptives, penalize business enterprises by declaring void their barangay permits for violating the provisions of the ordinances, penalize the conduct of sex education to minor students if this is done without prior consultation and written permission of the parents,

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EnGendeRights, Inc.
88-A Calumpit St., Veterans Village, Quezon City, 1105, Philippines Tel. No. (632) 376-2578, engenderights@pldtdsl.net, www.engenderights.org

and solely promotes the so-called natural family planning method (NFP) in the seven Balanga barangays. The provisions of the seven barangays in Balanga, Bataan can be struck down for being ultra vires, prejudicial to public welfare, unconstitutional, inconsistent with existing laws such as the Local Government Code of 1991, Magna Carta of Women (RA 9710), Philippine AIDS Prevention and Control Act of 1998 (RA 8504), and for violating international laws. The ordinances prohibit rights that are constitutionally guaranteed. The ordinances infringe on the rights to reproductive health, equal protection of the law and privacy by unduly restricting access to legal, safe, and effective methods of contraception. These ordinances contribute to the unintended pregnancies and maternal deaths related to pregnancy, childbirth, and unsafe abortion which could be averted with increased access to modern contraceptives. The ordinances passed by the seven barangays erroneously define contraceptives as abortifacient. This definition is not based on medical science but on the barangay officials conservative religious beliefs. The constitutional guarantees on separation of church and state and non-establishment of religion prohibit using conservative religious beliefs as basis for crafting our laws. Public officials must enact laws that ensure womens right to life and health and public health and not those that aid religion. As decided by our Supreme Court, our standard in law should be secular standard and not religious standards. All these constitutional guarantees are there to maintain public good and uphold human rights. Our laws should take into consideration international human rights standards, realities women face, public health, and medical science. Public officials should work towards a humane society where no woman should die from pregnancy, childbirth, and unsafe abortion. Good governance demands ensuring the right to control ones fertility with proper access to information, supplies, and services on reproductive health including modern contraceptives and sexuality education. In light of the obligation of the Philippine government to protect womens rights to equality, non-discrimination, life, and health under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Magna Carta of Women, it is imperative that the abovementioned Sangguniang Barangays junk these unconstitutional ordinances. Policy makers and service providers have the duty to uphold womens right to health and life. There being no rational basis and no medical and scientific evidence to prohibit access to modern contraceptives, the Sangguniang Barangays must immediately junk said ordinances. Once the seven ordinances are junked or overturned, any attempt to enforce ---------------------------------------------------------------------------------------------------------Asserting Womens Human Rights

EnGendeRights, Inc.
88-A Calumpit St., Veterans Village, Quezon City, 1105, Philippines Tel. No. (632) 376-2578, engenderights@pldtdsl.net, www.engenderights.org

such ordinances is sufficient ground for the suspension or dismissal of the official or employee concerned. 1 We trust this matter to deserve your immediate consideration. Respectfully yours,

Atty. Clara Rita A. Padilla Executive Director EnGendeRights, Inc. 88-A Calumpit St., Veterans Village, Quezon City, 1105, Philippines Telefax. no. (+632) 376-2578 Email: padillaclara@yahoo.com, engenderights@pldtdsl.net Website: www.engenderights.org

Local Government Code, Sec. 58

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