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Clandestine Casualties: Examining the Right to Abortion Under International Law in the Philippine Context


For over a century, the Philippines has criminalized abortion under the Revised Penal Code, making it one of the most restrictive abortion laws in the world. Accounts of the Philippines' dangerous underground network of backstreet abortions show that countless women have become unnecessary casualties of the lack of safe abortion services, with many more enduring long-lasting physical, mental, and emotional traumas. The Philippines is a State Party to the Convention on the Elimination of All Forms of Discrimination Against Women; the International Covenant on Civil and Political Rights; and the International Covenant on Economic, Social and Cultural Rights. Under these treaties, States Parties are obligated to guarantee: (a) the right to health; (b) the right against discrimination; (c) the right against torture, cruel, inhuman, and degrading treatment, and involuntary servitude; and (d) the right to privacy. Pursuant to the interpretations of treaty bodies, these rights arguably protect and promote the right to safe abortion on certain grounds under international law. Following a good faith interpretation of these treaties, the Philippines as a State Party is under an obligation to decriminalize abortion and legalize it on certain grounds.



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