Skip to content
Center for Reproductive Rights
Center for Reproductive Rights

Primary Menu

  • About
    • Overview
    • #TheForwardFight
    • Center Leadership & Staff
    • Pro Bono Program
    • Creative Council
    • Annual Reports
    • Contact Us
    • Careers
    • Diversity, Equity and Inclusion
  • Work
    • Overview
    • Litigation
    • Legal Policy and Advocacy
    • Resources & Research
    • Recent Case Highlights
    • Landmark Cases
    • Cases Archive
    • World’s Abortion Laws Map
    • After Roe Fell: Abortion Laws by State
  • Issues
    • Overview
    • Abortion
    • Adolescent Sexual and Reproductive Health and Rights
    • Assisted Reproduction
    • Contraception
    • Humanitarian Settings
    • Maternal Health
    • COVID-19
  • Regions
    • Overview
    • Africa
    • Asia
    • Europe
    • Latin America and the Caribbean
    • United States
    • Global Advocacy
  • News
    • Latest News
    • Center in the Spotlight
    • Events
    • Press Releases
    • Press Room
    • Newsletters
  • Resources
    • Resources & Research
    • World Abortion Laws Map
    • After Roe Fell: Abortion Laws by State
  • Act
    • Overview
    • Give
    • Act
    • Learn
  • Donate
    • Make a Gift Now
    • Be a Champion
    • Join the Advocates Council
    • Become a Major Donor
    • Give Through Your Donor-Advised Fund
    • Make a Gift In Honor
    • Attend an Event
    • Leave a Legacy
    • More Ways to Give
  • Twitter
  • Facebook
  • Instagram
  • YouTube
  • LinkedIn
Donate
icon-hamburger icon-magnifying-glass Donate
icon-magnifying-glass-teal

The Philippines Decriminalizes Consensual Adolescent Sexual Activity

Center for Reproductive Rights - Center for Reproductive Rights - search logo
search Close Close icon
Center for Reproductive Rights -
Menu Close Menu Close icon
Donate

Primary Menu

  • About
    • Overview
    • #TheForwardFight
    • Center Leadership & Staff
    • Pro Bono Program
    • Creative Council
    • Annual Reports
    • Contact Us
    • Careers
    • Diversity, Equity and Inclusion
  • Work
    • Overview
    • Litigation
    • Legal Policy and Advocacy
    • Resources & Research
    • Recent Case Highlights
    • Landmark Cases
    • Cases Archive
    • World’s Abortion Laws Map
    • After Roe Fell: Abortion Laws by State
  • Issues
    • Overview
    • Abortion
    • Adolescent Sexual and Reproductive Health and Rights
    • Assisted Reproduction
    • Contraception
    • Humanitarian Settings
    • Maternal Health
    • COVID-19
  • Regions
    • Overview
    • Africa
    • Asia
    • Europe
    • Latin America and the Caribbean
    • United States
    • Global Advocacy
  • News
    • Latest News
    • Center in the Spotlight
    • Events
    • Press Releases
    • Press Room
    • Newsletters
  • Resources
    • Resources & Research
    • World Abortion Laws Map
    • After Roe Fell: Abortion Laws by State
  • Act
    • Overview
    • Give
    • Act
    • Learn
  • Donate
    • Make a Gift Now
    • Be a Champion
    • Join the Advocates Council
    • Become a Major Donor
    • Give Through Your Donor-Advised Fund
    • Make a Gift In Honor
    • Attend an Event
    • Leave a Legacy
    • More Ways to Give
  • Twitter
  • Facebook
  • Instagram
  • YouTube
  • LinkedIn

Related Content

Issues:

Adolescent SRHR

Regions:

Asia, Philippines

Work:

Engaging Policymakers, Around the World

Type:

News, Story

Follow the Center

Donate Now

Join Now

04.07.2022

Engaging Policymakers Adolescent SRHR Philippines Story

The Philippines Decriminalizes Consensual Adolescent Sexual Activity

Megan Diamondstein
For the first time, adolescents in the country are recognized as rights holders who have sexual autonomy.

Share this Story

  • facebook
  • Twitter
  • linkedin
  • Email id
©Art Phaneuf/Alamy

In an important step in recognizing the sexual autonomy of adolescents, the Philippines has amended its penal code to decriminalize adolescent sexual activity that is consensual, non-exploitative, and non-abusive. The amended law, Republic Act No. 11648, was signed by the president on March 4 and published in the country’s Official Gazette on March 7.

For years, the Center for Reproductive Rights has been working in the Philippines and other countries to ensure that laws criminalizing age-mate and consensual sexual activity are repealed and that they adhere to international human rights standards. The new law raises the age of sexual consent from 12 years–which was the lowest age limit in the Southeast Asia region and among the lowest in the world–to 16 years. It amends the Revised Penal Code as further amended by the Anti-Rape Law of 1997.

While the amendment makes the age limit for statutory rape 16 years, it includes “close-in-age” exceptions: it decriminalizes adolescent sexual activity if the age difference between the adolescents is not more than three years and if the sexual activity is proven to be “consensual, non-abusive and non-exploitative.” The exemption from criminal liability does not apply if an adolescent is under 13 years of age. (See the “Article 266-A” section below for the exact text.) 

“Subjecting adolescents to criminal prosecution and penalties for engaging in consensual sexual behavior not only heightens the stigma around adolescent sexuality but also creates unnecessary barriers for them to seek and have access to sexual and reproductive health information and services,” said Jihan Jacob, Senior Legal Adviser for Asia at the Center for Reproductive Rights. “We’re pleased that this positive development will help ensure that adolescents are able to exercise autonomy about their sexuality.”

Amended Law Is Grounded on an International Human Rights Framework

With the new law, for the first time, adolescents in the Philippines are being recognized as rights holders who have sexual autonomy. Through the close-in-age exceptions, the government recognized that a blanket criminalization of informed and consensual adolescents’ sexual behavior denies adolescents their fundamental rights and freedoms and prevents their full access to SRHR by failing to understand, consider, and address the unique and significant physical, emotional and social changes they have to navigate.

Decriminalization of adolescent sexual activity is in line with international human rights law. The UN Committee on the Rights of the Child’s (CRC) General Comment No. 24 (2019) on children’s rights in the child justice system recommends that states decriminalize consensual sex by adolescents with one another. While taking into account the need to balance protection and evolving capacities, it made a similar call for decriminalization in its earlier General Comment No. 20 (2016).

“In 2020, together with our partners, we have raised before the CRC Committee how the use of criminal law to regulate non-coercive sexual conduct among adolescents punishes them for a natural part of their development,” added Jacob. “Penalizing adolescent sexuality—and in some cases requiring third parties to report adolescent sexual activity to the police—violates adolescents’ rights to privacy and confidentiality. In addition, criminalization often results in adolescent males being imprisoned. This can create a chilling effect for adolescents seeking sexual and reproductive health information and services.”

The Center’s Asia team has worked with its regional partners to engage with the CRC’s recent review of the Philippines. In 2020 the Center, along with its partners, made two submissions before the Committee: the NGO alternative report on the status of adolescents’ reproductive rights and a supplementary report to it. Both these reports examined the implementation of the Convention on the Rights of the Child by the Philippines since its last periodic review in 2009. Further, the report made submissions on issues pertaining to adolescents’ access to contraceptive information and services, prohibitive abortion laws, and criminalization of consensual sexual behavior between adolescents.

Read more.

Ending Child Marriage in the PhilippinesEnding Child Marriage in the Philippines link

Ending Child Marriage in the Philippines

More Reform is Required to Ensure Adolescents’ SRHR Rights 

Decriminalization of close-in-age adolescent sexual activity is an essential starting point towards the full realization of adolescents’ SRHR. However, attention must also be brought to other national laws and policies that are discriminatory and act in conflict with adolescents’ interests. This would require the Government to remove all existing barriers to access sexual and reproductive health services that adolescents face, including the requirement of prior consent from a parent or guardian as a precondition to availing these services.

In its General Comment No. 20 (2016) on the implementation of the rights of the child during adolescence, the Committee on the Rights of the Child called on states to adopt “a legal presumption that adolescents are competent to seek and have access to preventive or time-sensitive sexual and reproductive health commodities and services.” Additionally, the Committee also stated that all adolescents, irrespective of age, have the right to access confidential medical advice without requiring parental or guardian consent. 

The Center calls on the Government to:

  • Ensure that existing laws and policies are reformed to guarantee adolescents’ access to SRHR.
  • Work towards health systems that are equipped and have the capacity to meet the specific SRHR needs of adolescents.

Jacob said, “It is crucial that adolescents do not face any other barriers to information and services on sexual and reproductive health and rights, such as requirements for third-party consent or authorization. We look forward to working with the Government to create an enabling environment where adolescents are able to make autonomous and informed decisions about their sexuality and reproductive health, access comprehensive sexuality education, and avail of adolescent-friendly SRHR services.”


The State of Adolescents’ Sexual Activity and SRHR in the Philippines

  • Adolescent sexual activity coupled with inaccessible contraceptive education and services resulted in increased pregnancies. (Philippines Department of Health)
  • Girls from lower economic backgrounds and ones who lack education were found to be at a higher risk of pregnancies. (Philippines National Demographic and Health Survey)
  • The Philippines ranked fourth in 2019 among the other Southeast Asian countries in early childbirth rates. (The Commission on Population and Development)
  • In 2019, 500 Filipino youth gave birth each day. The adolescent birth rate is at 47 per 1,000 live births, which is far higher than the Asia Pacific average of 33.5 and that of the world of 44. (The Commission on Population and Development)
  • The COVID pandemic has had adverse consequences for adolescents accessing family planning services including contraceptives. A 2020 UNFPA and UPPI study estimated that the gap in accessing family planning services for adolescents between the ages of 15 and 19 will increase by 9.3%. (UNFPA and UPPI)
  • While 2020 saw a 13% drop in adolescent pregnancies, the drop is likely due to the restrictions imposed by the pandemic that limited physical interactions and unlikely due to any increased access to sexual and reproductive health services. (The Commission on Population and Development)

Article 266-A

The amendment that decriminalizes consensual adolescent sexual activity modies Article 266-A 1(d) of the Revised Penal Code: 

Article 266-A. Rape; When and How Committed. – Rape is committed:

1) By a person who shall have carnal knowledge of another person under any of the following circumstances:

d) When the offended party is under sixteen (16) years of age or is demented, even though none of the circumstances mentioned above be present. Provided, That there shall be no criminal liability on the part of a person having carnal knowledge of another person under sixteen (16) years of age when the age difference between the parties is not more than three (3) years, and the sexual act in question is proven to be consensual, non-abusive, and non-exploitative: Provided, further, That if the victim is under thirteen (13) years of age, this exception shall not apply.

As used in this Act, non-abusive shall mean the absence of undue influence, intimidation, fraudulent machinations, coercion, threat, physical, sexual, psychological, or mental injury or maltreatment, either with intention or through neglect, during the conduct of sexual activities with the child victim. On the other hand, non-exploitative shall mean there is no actual or attempted act or acts of unfairly taking advantage of the child’s position of vulnerability, differential power, or trust during the conduct of sexual activities.”

Read more:

  • Supplementary Report on the Status of Adolescents’ Reproductive Rights in the Philippines: 2020 Submission to the Committee on the Rights of the Child
  • The Status of Adolescents’ Reproductive Rights in the Philippines: 2020 Submission to the Committee on the Rights of the Child
  • The Center’s Work in the Philippines

Tags: Philippines, adolescent sexual actvity

Related Posts

The Status of Adolescents’ Reproductive Rights in the Philippines: 2020 Submission to the Committee on the Rights of the Child

The Asia Unit of the Center for Reproductive Rights together with Philippine-based partners submitted supplemental information for the adoption of...

Adolescent SRHR,Philippines,Engaging Policymakers, Around the World

UN Treaty Bodies Call for the Philippines to Decriminalize Abortion and Protect Adolescents’ SRHR 

Actions follow years of advocacy by the Center and its national partners.

Abortion, Legal Restrictions, Adolescent SRHR, Sex Education,Asia, Philippines,Engaging Policymakers, Around the World
<strong>UN Treaty Bodies Call for the Philippines to Decriminalize Abortion and Protect Adolescents’ SRHR</strong> 

Supplementary Report on the Status of Adolescents’ Reproductive Rights in the Philippines: 2022 Submission to the UN Committee on the Rights of the Child

The Asia Unit of the Center for Reproductive Rights together with Philippine-based partners submitted supplemental information for the adoption of...

Adolescent SRHR,Philippines,Engaging Policymakers, Around the World

Sign up for email updates.

The most up-to-date news on reproductive rights, delivered straight to you.

Footer Menu

  • Careers
  • Privacy Policy
  • Contact Us

Center for Reproductive Rights
© (1992-2023)

Use of this site signifies agreement with our disclaimer and privacy policy.

Center for Reproductive Rights
This site uses necessary, analytics and social media cookies to improve your experience and deliver targeted advertising. Click "Options" or click here to learn more and customize your cookie settings, otherwise please click "Accept" to proceed.
OPTIONSACCEPT
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
CookieDurationDescription
_ga2 yearsThis cookie is installed by Google Analytics. The cookie is used to calculate visitor, session, campaign data and keep track of site usage for the site's analytics report. The cookies store information anonymously and assign a randomly generated number to identify unique visitors.
_gat_UA-6619340-11 minuteNo description
_gid1 dayThis cookie is installed by Google Analytics. The cookie is used to store information of how visitors use a website and helps in creating an analytics report of how the wbsite is doing. The data collected including the number visitors, the source where they have come from, and the pages viisted in an anonymous form.
_parsely_session30 minutesThis cookie is used to track the behavior of a user within the current session.
HotJar: _hjAbsoluteSessionInProgress30 minutesNo description
HotJar: _hjFirstSeen30 minutesNo description
HotJar: _hjid1 yearThis cookie is set by Hotjar. This cookie is set when the customer first lands on a page with the Hotjar script. It is used to persist the random user ID, unique to that site on the browser. This ensures that behavior in subsequent visits to the same site will be attributed to the same user ID.
HotJar: _hjIncludedInPageviewSample2 minutesNo description
HotJar: _hjIncludedInSessionSample2 minutesNo description
HotJar: _hjTLDTestsessionNo description
SSCVER1 year 24 daysThe domain of this cookie is owned by Nielsen. The cookie is used for online advertising by creating user profile based on their preferences.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
CookieDurationDescription
_fbp3 monthsThis cookie is set by Facebook to deliver advertisement when they are on Facebook or a digital platform powered by Facebook advertising after visiting this website.
fr3 monthsThe cookie is set by Facebook to show relevant advertisments to the users and measure and improve the advertisements. The cookie also tracks the behavior of the user across the web on sites that have Facebook pixel or Facebook social plugin.
IDE1 year 24 daysUsed by Google DoubleClick and stores information about how the user uses the website and any other advertisement before visiting the website. This is used to present users with ads that are relevant to them according to the user profile.
IMRID1 year 24 daysThe domain of this cookie is owned by Nielsen. The cookie is used for storing the start and end of the user session for nielsen statistics. It helps in consumer profiling for online advertising.
personalization_id2 yearsThis cookie is set by twitter.com. It is used integrate the sharing features of this social media. It also stores information about how the user uses the website for tracking and targeting.
TDID1 yearThe cookie is set by CloudFare service to store a unique ID to identify a returning users device which then is used for targeted advertising.
test_cookie15 minutesThis cookie is set by doubleclick.net. The purpose of the cookie is to determine if the user's browser supports cookies.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
CookieDurationDescription
adEdition1 dayNo description
akaas_MSNBC10 daysNo description
cookielawinfo-checkbox-functional1 yearThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-others1 yearNo description
geoEdition1 dayNo description
next-i18next1 yearNo description
SAVE & ACCEPT
Powered by CookieYes Logo
Scroll Up