RH Bill: Unconstitutional

“Reproductive health” (RH) appears laudable, especially if avowed to help our poverty-challenged people or provide care, information, and other assistance for well-being. Who doesn’t want to be healthy, particularly among our women who bring new life to the world?

But as always, the devil is in the details. If we examine the entire consolidated RH Bill 4244, it totally disregards the unborn. You don’t even find the word “unborn.” On this score, the bill is unconstitutional for it obviously violates Equal Protection.

If we recall, RH rights in international law do not include the unborn. This is because the unborn have not been recognized with the human right to life by the international community for abortion is legal in many countries. Not surprisingly, the RH bill simply copied the “constellation of reproductive rights” in international instruments, and thus parrots—

“Reproductive Health Rights refer to the rights of couples, individuals and women to decide freely and responsibly whether or not to have children; to determine the number, spacing and timing of their children; to make decisions concerning reproduction free of discrimination, coercion and violence; to have relevant information; and to attain the highest condition of sexual and reproductive health.” (See Sec. 4).

Robotically, the RH bill sets out “freedom of choice” as the very first “Guiding Principle” (Sec. 3 [a]). Thereafter, the bill provides: “While this Act recognizes that abortion is illegal and punishable by law, the government shall ensure that all women needing care for post-abortion complications shall be treated and counseled in a humane, non-judgmental and compassionate manner.” (Sec. 3 [j]). (Emphasis ours.)

The bill further provides that the elements of reproductive health care include “proscription of abortion and management of abortion complications.” (See Sec. 4).(Emphasis ours.)

Certainly, under the above provisions, those seeking abortions by whatever means may very well do so since the State will take care of them anyway.

“Basta ipalaglag mo. Kaming bahala pagkatapos.”

But what cannot be done directly cannot be allowed indirectly. Otherwise, the crime of abortion becomes dead letter law.

Indeed, what about the defenseless unborn? Just thrown into the garbage? Abandoned in churches? Flushed in toilets? Dumped in the gutters? While their heartless murderers are pampered by government at taxpayers’ expense?

That’s the problem with plagiarism. When RH bill proponents lifted from international texts, they forgot the very Constitution they have sworn to obey and defend!

“The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.” (Const., Art. II, Sec. 12) (Emphasis ours.)

Every unborn deserves equal protection. Failing in this primordial mandate makes the RH bill egregiously unconstitutional.