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Protection of the Unborn Child Act of 2010 (HB 13)

Protection of the Unborn Child Act of 2010 (HB 13). Discussion points • ARM • Likhaan • 8/18/2010. Logical flow of PUCA. Constitution "[The State] shall equally protect the life of the mother and the life of the unborn from conception." "Conception" defined as fertilization

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Protection of the Unborn Child Act of 2010 (HB 13)

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  1. Protection of the Unborn Child Act of 2010 (HB 13) Discussion points • ARM • Likhaan • 8/18/2010

  2. Logical flow of PUCA • Constitution • "[The State] shall equally protect the life of the mother and the life of the unborn from conception." • "Conception" defined as fertilization • "the precise moment that the sperm fertilizes the egg" (Sec 4b) • "Unborn" defined as a child • "a child at any stage of existence and development beginning from the union of the sperm and the egg" (Sec 4a)

  3. Logical flow • Unborn child given "human personality" & "human rights" (Sec 3a–b, Sec 4h, Sec 5) • Abortion defined & broadened (Sec 4d, Sec 7, Sec 4e) • "fetal development" from "union of sperm and egg" • protection "from the moment of conception" • abortion as "any act or practice ... intentionally or unintentionally ... that cause or recklessly endanger or result in injury, damage, expulsion, interference in the natural development of the fetus, or death of the unborn child."

  4. Logical flow • prison terms for abortion increased • "The acts ... in Arts. 256 to 259 of the Revised Penal Code ... [are] prohibited acts under this Act but the same shall be penalized with penalties that are one degree higher"

  5. CONSTITUTION "protect the life of the mother and the life of the unborn from conception." 1 conception = fertilization 2 fertilized egg = unborn child 3 widening scope + unborn child has human personality & human rights 4 increasing penalties must be protected against abortion from fertilization of anti-abortion law 5 prison terms in Penal Code 1 degree higher 6

  6. Widening scope of anti-abortion law PUCA PENAL CODE abortion without consent abortion with consent abortion to save woman's life IUDs, hormonal contr. current gray area emergency contraception LAM, fertility-awareness removal of ectopic preg. caffeine, cigarettes, etc drugs affecting pregnancy

  7. PUCA RH bill promotes abortifacients pills, injectables & IUDs interfere with the natural development of the fertilized egg but interfering with the fertilized egg is abortion if you are really against abortion, support this bill RH RH is about health, rights & human development RH bill does not change law on abortion; it only allows legal types of contraceptives ??? ??? Possible opposition strategy: create a deadlock; both bills do not pass

  8. NOT THIS dead-end after this reply: no demarcation IF YOU REALLY ARE AGAINST ABORTION, THEN SUPPORT PUCA. WE ARE ALL AGAINST ABORTION RH ADVOCATES PUCA ADVOCATES A possible communication strategy • demarcate PUCA from RH bill • hit PUCA & promote RH bill along demarcation line

  9. RH bill abortion prevention expanding FP choices spend for health care PREVENTION EXPANDING FP CHOICES HEALTH CARE PUCA abortion deterrence limiting FP choices spend for prisons DETERRENCE LIMITING FP CHOICES PRISONS VS. VS. VS. Key messages on abortion & PUCA

  10. Some facts on abortion deterrence • 90,000 – hospitalized for abortion complications (Guttmacher 2009) • 480,000 – had abortions, not hospitalized (Guttmacher 2009) • 59,639 – total inmates in jails of BJMP (Bureau of Jail Mgt. & Penology)(http://www.bjmp.gov.ph/overview.html) • 4.49 B – budget of BJMP (http://www.dbm.gov.ph/GAA2010/DILG/C.pdf) • 6.8 B – additional budget to jail only those hospitalized for abortion (BJMP budget ÷ total inmates = P75,286 per person; excludes cost of police work, prosecution & trial) • 42.9 B – additional budget to jail all women who undergo abortion (P75,286 per person x 570,000 persons)

  11. Current abortion prison terms RT - reclusion temporal; PM - prision mayor; PC - prision correccional; AM - arresto mayor min - minimum period; med - medium period; max - maximum period - Revised Penal Code

  12. CONSTITUTION "protect the life of the mother and the life of the unborn from conception." Why focus here? 1 • harsh • easier to explain • spending on prisons not popular • deterrence has no record of effectivity • core part of their advocacy--not easy to amend or give up conception = fertilization 2 fertilized egg = unborn child 3 unborn child has human personality & human rights 4 must be protected against abortion from fertilization 5 prison terms in Penal Code 1 degree higher 6

  13. CONSTITUTION "protect the life of the mother and the life of the unborn from conception." Other possible message areas: 1 when this was ratified, people understood that contraceptives will remain legal conception = fertilization 2 bad science - e.g. H-mole, defective embryos that do not implant fertilized egg = unborn child 3 impact on civil law (?) unborn child has human personality & human rights M of contraceptives users being threatened with abortion prosecution 4 medical procedures that may be construed as abortion; e.g., removal of ectopic pregnancy must be protected against abortion from fertilization 5 substances & practices that increase abortion rates; e.g., caffeine, cigarettes prison terms in Penal Code 1 degree higher 6 what about emergency contraception for rape

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