Progress on Abortion Rights in the Philippines

For the first time, the Philippine Commission on Human Rights (PCHR) has expressly supported the decriminalization of abortion in the Philippines, marking a historic moment for abortion advocacy in the country. The PCHR made the recommendation in November as part of its Priority Human Rights Legislative Agenda for the 19th Congress of the Philippines. The 19th Congress convened in July 2022 and will be completed in June 2025. 

The PCHR is a constitutionally established national human rights institution mandated to provide recommendations to the Congress for effective promotion of human rights and adherence to international human rights treaty obligations.  

“The PCHR’s call for decriminalization of abortion is truly historic and celebratory and is in line with the global trend towards liberalizing abortion,” said Jihan Jacob, Senior Legal Adviser for Asia at the Center for Reproductive Rights. “This marks the success of advocacy movements in the region, including the Center’s, that has worked for years to realize sexual and reproductive health rights (SRHR).” 

“With President Ferdinand Marcos Jr. previously expressing support for certain cases of abortion and his allies gaining control of Congress, we are optimistic that positive change to the country’s abortion law is possible,” added Jacob. The President appointed the Chairperson and Commissioner of the PCHR, which made the recommendation in November. 

The Philippines has one of the most restrictive abortion laws in the world, without any clear exceptions. Two United Nations treaty bodies have recently called on the country to advance sexual and reproductive health rights.  

The PCHR’s position on abortion has evolved over the past two decades, from declaring abortion “immoral” to acknowledging the impact of abortion bans on health and human rights to finally recommending decriminalization. The Center’s advocacy efforts contributed to the PCHR’s shift in its position on abortion. (See the timeline below for details.) 

Human Rights Bodies Support Abortion Rights and Access 

The right to abortion and the right to bodily autonomy are fundamental human rights. Denying abortion via criminalization violates the fundamental rights to equality and non-discrimination; privacy; the highest attainable standard of health; and freedom from ill-treatment, harmful practices, and gender-based violence.  

The United Nations and other human rights bodies have frequently recommended for the right to abortion and its access and recognized it as an essential health service. Last year, two United Nations treaty bodies called on the Philippines to improve sexual and reproductive rights (SRHR) in the country. Also in 2022, the World Health Organization issued its 2022 Abortion Care Guideline, affirming abortion access as essential to health and human rights and calling for the removal of legal barriers to access.  

The Philippine Safe Abortion Advocacy Network (PINSAN), co-founded by the Center, released a statement in December calling for the decriminalization of abortion and commending the PCHR for including decriminalization in its 19th Priority Legislative Agenda.  

“With progressive legislation getting more support, now is the time to advance the campaign for access to safe abortion for women and girls in the Philippines without fear of arbitrary punishment,” PINSAN wrote. “Continually denying them of this right gravely violates their fundamental rights as people and citizens.” 

“The Center welcomes PCHR’s progressive stance on abortion which is in adherence with international human rights law principles. While we celebrate this win, we will continue to work closely with our regional partners to transform PCHR’s recommendations into law reform to make decriminalization of abortion a reality for Filipinos,” added Jacob. 

• 1999: The PCHR viewed abortion as “immoral.” In its position paper on House Bill 6343 entitled “An Act Legalizing Abortion on Specific Cases” introduced by Hon. Roy Padilla Jr., the PCHR registered its opposition to the bill for being “immoral and/or contrary to the moral standards and religious conviction of the Filipino people.” Instead of referring to human rights standards and principles, the PCHR referred to the encyclical Evangelium Vitae by Pope John Paul II. 
• 2016: The PCHR’s opposition to abortion shifted to a call for the review and reexamination of the Filipino abortion laws. In its report for the National Inquiry on Reproductive Health and Rights, the PCHR referred to “the absolute ban on abortion, which has led to unsafe abortions and to stigma in the access and availability of post-abortion care” as one of the legal and policy barriers to fulfilling Filipinos’ reproductive health and rights. In compliance with the Philippines’ human rights obligations, the PCHR recommended for Congress to “review the provisions on abortion, taking into consideration the studies forwarded by the [Center for Reproductive Rights] and EnGendeRights and other women’s organizations and on how the continuing criminalization of abortion affect provision of post-abortion care.” 
• 2022: The PCHR unequivocally articulated its recommendation for the decriminalization of abortion as a priority legislation for the 19th Congress.