The Impact of Abortion Laws on Filipino’s Health and Autonomy

Photo credit: FairTrials.org

Abortion remains one of the most contentious and heavily restricted issues in the Philippines, where it is criminalized under the Revised Penal Code, without exceptions, even in cases of rape, incest, or threats to a person's life. Under the Revised Penal Code of the Philippines, abortion is explicitly criminalized, with severe legal penalties for both the woman undergoing the procedure and those assisting in it. Articles 256 to 259 of the Code outline the different types of abortion offenses and their corresponding punishments:

Intentional Abortion (Article 256): Any person who intentionally causes an abortion, whether with or without the woman’s consent, faces imprisonment ranging from six years to twelve years.

Unintentional Abortion (Article 257): If an abortion occurs due to violence inflicted upon the pregnant person, the penalty of prision correccional in its minimum and medium period shall be imposed to the person responsible (imprisonment of up to six years).

Abortion by the Pregnant Person (Article 258): A person who undergoes an abortion can be imposed the penalty of prision correccional in its medium and maximum periods (imprisonment ranging from two to six years).

Abortion by a Physician or Midwife (Article 259): Medical professionals who perform abortions face harsher penalties, including longer prison sentences and the revocation of their medical licenses. 

Dispensing Abortifacients Without Prescription: Pharmacists who provide abortion-inducing medications without a proper prescription from a physician may face arresto mayor (one to six months of imprisonment), and a fine not exceeding 1,000 pesos.

Real life examples include the crackdown on those attempting to access abortion pills through online platforms. A 2022 report by The Guardian detailed how social media has become a battleground for Filipinos seeking abortion pills, with authorities actively monitoring and shutting down these networks. Individuals who have sought pills online have faced threats, harassment, and legal action, further underscoring the dangers of criminalizing abortion.

Despite the legal prohibitions, the practice persists—albeit under dangerous and clandestine conditions—posing severe risks to individuals’ health and autonomy. In both the Philippines and the diaspora, restrictive abortion laws have led to unsafe procedures, maternal deaths, and limited healthcare options. The criminalization of abortion does not eliminate the practice but instead forces it underground, endangering the lives of countless Filipinos.

The Health Consequences of Criminalizing Abortion

The World Health Organization (WHO) states that unsafe abortion is one of the leading causes of maternal mortality worldwide. Without legal and medically supervised abortion services, Filipinos seeking to terminate pregnancies are often forced into unsafe alternatives.

The Guttmacher Institute estimates that approximately 1,000 women die each year in the Philippines due to complications from unsafe abortion procedures. These include hemorrhage, sepsis, and uterine perforation—conditions that could be prevented with access to safe medical care. The lack of post-abortion care in hospitals due to fear of legal repercussions further exacerbates the health crisis, leading many to suffer in silence. 

Filipino women, particularly those from poor and rural backgrounds, suffer disproportionately due to these restrictions. Without access to safe abortion services, they often resort to traditional or self-induced methods, which carry significant health risks. These women are also at risk of prosecution if they seek medical assistance after complications arise, further discouraging them from obtaining necessary healthcare. 

Abortion Laws as a Tool of Oppression

Criminalizing abortion disproportionately affects marginalized communities, particularly low-income folkswho lack access to private healthcare or the financial means to travel abroad for safe procedures. Wealthier individuals can often circumvent these restrictions by seeking medical services in countries where abortion is legal, while the most vulnerable are left with life-threatening options.

Furthermore, the criminalization of abortion also creates a chilling effect on healthcare providers, many of whom refuse to treat patients experiencing post-abortion complications for fear of legal repercussions. It fosters a culture of fear and judgment that impacts both those seeking and those providing abortion-related healthcare. Institutions such as the Philippine Obstetrical and Gynecological Society (POGS) reinforce this stigma, as seen in their 2011 Ethical Guidelines, which incorrectly describe abortion as wholly illegal and frame it as immoral. By failing to clarify the exceptions to the criminal prohibition, these guidelines not only misinform medical professionals but also contribute to the broader societal perception that abortion is both unlawful and unethical.

This stigma extends into post-abortion care, manifesting in various ways—perceived stigma, experienced stigma, and internalized stigma. Perceived stigma arises when individuals anticipate negative judgment from others due to their association with abortion, whether as a patient or a provider. This fear discourages many from seeking timely medical care for abortion-related complications. 

Additionally, healthcare providers often harbor biases against post-abortion patients, viewing them through a criminal lens rather than as individuals in need of care. Some providers mistakenly believe they are legally obligated to report people who have undergone abortions, leading to reluctance in providing necessary treatment. Others fear legal repercussions themselves and worry that treating post-abortion complications may be construed as complicity in a crime. These factors collectively deter people from accessing essential healthcare, increasing their vulnerability to severe medical complications.

The restrictive laws also place a significant burden on the country’s already struggling healthcare system. The Philippines has one of the highest rates of unintended pregnancies in Southeast Asia, with limited access to comprehensive reproductive health services. Without legal abortion options, many women are forced into cycles of poverty, as unplanned pregnancies exacerbate economic instability.

Moreover, the rigid abortion laws reinforce gender-based oppression, denying women and gender non-conforming individuals bodily autonomy and the right to make decisions about their reproductive health. The ban reflects the deeply ingrained patriarchal and religious influences that dictate public policy in the Philippines, further limiting women's and LGBTQIA+ rights.

The Impact on Filipino Women in the Diaspora

Many Filipinos living abroad, particularly in countries where abortion is legal, experience a different reality in accessing reproductive healthcare. However, cultural stigma remains a significant barrier, as deeply ingrained religious and societal beliefs continue to influence their decisions. Some Filipino migrants avoid seeking abortion services due to fear of community backlash, while others face language barriers and limited knowledge of their reproductive rights in their host countries. 

Additionally, the U.S. Supreme Court’s 2022 decision to overturn Roe v. Wade has had ripple effects, intensifying abortion restrictions in various states and disproportionately affecting migrants, including Filipinos. The uncertainty surrounding abortion rights in the U.S. has further highlighted the precarity of reproductive healthcare access for Filipinos in the diaspora, as legal protections continue to be challenged and eroded.

On top of that, migrant domestic workers, many of whom come from the Philippines, face unique challenges regarding reproductive healthcare access. Reports indicate that some employers restrict their movements, making it difficult for them to seek medical care, including contraception and abortion services. These systemic barriers further highlight the urgent need for legal reforms that prioritize people’s health and reproductive autonomy.

Call to Action

The criminalization of abortion in the Philippines contradicts international human rights standards. True reproductive justice involves not only legalizing abortion but also ensuring comprehensive sex education, access to contraception, and support for maternal healthcare. Rather than criminalizing people seeking abortion, resources should be directed toward programs that empower them with choices and healthcare services that prioritize their needs.

A comprehensive reform is helpful to addressing the devastating impact of the Philippines' restrictive abortion laws. Advocacy groups, medical professionals, and human rights organizations have long called for legislative and policy changes to decriminalize abortion and ensure access to safe reproductive healthcare.  

Legal and Policy Reform

The Philippine government must align its reproductive health policies with international human rights standards, including the recommendations from the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Decriminalizing abortion is a necessary step to eliminate the fear and stigma surrounding the procedure and ensure that individuals can access safe medical care without legal repercussions. Revising existing laws to allow abortion in cases of rape, incest, fetal abnormalities, and threats to a person’s life and health would be an important starting point.

Improving Healthcare Access and Education

Expanding comprehensive sexual and reproductive health education is critical in preventing unintended pregnancies and empowering individuals to make informed decisions about their bodies. Healthcare providers must be trained on post-abortion care without fear of legal retaliation, ensuring that folks receive compassionate and timely medical attention. Public hospitals and clinics should be equipped with the necessary resources and personnel to provide safe reproductive health services, including contraception, prenatal care, and post-abortion treatment.

Addressing Abortion Stigma

Institutions such as the Philippine Obstetrical and Gynecological Society (POGS) must revise their guidelines to reflect accurate medical and legal information about abortion, eliminating misinformation that contributes to stigma. Advocacy campaigns should focus on reframing abortion as a healthcare issue rather than a moral failing, helping to shift public perception and reduce discrimination against women and LGBTQIA+ individuals who seek reproductive healthcare.

Global Solidarity and Support

Filipinos in the diaspora, along with international human rights organizations, play a pivotal role in amplifying the movement for reproductive rights in the Philippines. Strengthening global partnerships can help bring financial, legal, and organizational support to local advocacy efforts, ensuring sustained progress toward reproductive justice.

By advocating for these reforms, the Philippines can take significant steps toward ensuring every person's health, dignity, and autonomy. The fight for reproductive rights is not just a legal issue—it is a fundamental human rights issue that requires urgent and sustained action.

The continued criminalization of abortion in the Philippines perpetuates a cycle of harm, disproportionately affecting marginalized individuals and violating fundamental human rights. By forcing abortion underground, the law does not prevent the practice but instead increases the risks associated with unsafe procedures. Despite the strict laws, organizations continue to push for abortion decriminalization and expanded reproductive rights in the Philippines. Organizations such as the Center for Reproductive Rights, and the Philippine Safe Abortion Advocacy Network (PINSAN) advocate for a human rights-based approach to reproductive health, urging the government to prioritize women's well-being over punitive policies. 

One notable campaign is PINSAN’s advocacy following the CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) recommendation to decriminalize abortion. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has repeatedly recommended that the Philippine government reconsider its restrictive abortion laws to align with global human rights standards. 

As calls for reproductive justice grow louder, it is imperative to challenge restrictive laws and push for policies that prioritize healthcare, autonomy, and gender equality. Whether in the Philippines or abroad, the fight for abortion rights remains a critical aspect of the broader struggle for social justice and gender equity.