Reproductive Health Bill: A Fascist Bill!
This bill seeks to control and enslave the entire business community, medical profession, and the education sector.
A lot of my blog commenters passionately objected to my assertion that the infamous, highly divisive Reproductive Health Bill
is a fascist bill and that its proponents and supporters are mini-fascists or little dictators. I strongly stand by my contention that this evil legislative proposal is a form of fascism. I call it evil not because it goes against the argument of the Catholic Church and the religionists; it’s evil because it seeks to violate our individual rights and freedom. This bill seeks to enslave some particular sectors of our society for the sake of what its proponents and supporters call “the greater good” or the “common good.” First, let me define fascism. Fascism is properly defined as “a authoritarian and nationalistic system of government and social organization.” Both socialism and fascism are authoritarian ideologies and systems. Here’s the distinction between socialism and fascism, according to Economics Library:
“Where socialism sought totalitarian control of a society’s economic processes through direct state operation of the means of production, fascism sought that control indirectly, through domination of nominally private owners. Where socialism nationalized property explicitly, fascism did so implicitly, by requiring owners to use their property in the “national interest”—that is, as the autocratic authority conceived it.”
But what is this fascist bill all about? Section 2 of House Bill 5043, otherwise known as Reproductive Health and Population Development Act of 2008, authored by a known socialist/statist in Congress, Rep. Edcel Lagman, states that: “The state upholds and promotes responsible parenthood, informed choice, birth spacing and respect for life in conformity with internationally recognized human rights standards.” This particular section is full of contradictions. It talks about “responsible parenthood”, “informed choice”, and “respect for life.” But is this really the case? I disagree. This fascist bill is not simply about “responsible parenthood”, “informed choice”, and “respect for life”, but about slavery and dictatorship, and this is what I’m going to discuss in this blog article.
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The same Section of the bill further states:
“The State shall uphold the right of the people, particularly women and their organizations, to effective and reasonable participation in the formulation and implementation of the declared policy. “This policy is anchored on the rationale that sustainable human development is better assured with a manageable population of healthy, educated and productive citizens. “The State likewise guarantees universal access to medically-safe, legal, affordable and quality reproductive health care services, methods, devices, supplies and relevant information thereon even as it prioritizes the needs of women and children, among other underprivileged sectors.”
The aforementioned provision talks about the following issues:
- The right of the people, particularly women and their organizations, to “effective and reasonable participation in the formulation and implementation” of the state policy— responsible parenthood, informed choice, birth spacing and respect for life.
- The duty of the state to manage population in order to establish a “sustainable human development”, as well as healthy and productive citizens.”
- The people’s right to universal access to medically-safe, legal, affordable and quality reproductive health care services, methods, devices, supplies and relevant information.”
In order to properly deal with the so many contradictions under this particular section, it is important to discuss the concept of rights. What is the proper, valid concept of rights? Does a right mean we are entitled to government welfare programs and services? If that’s the case, that means that we are entitled to the fruits of the productive labor of others through a state-imposed “redistribution of wealth.” As I’ve stated before, a right is not fundamentally a legal term simply because it is not created and should not be created by a piece of legislation or executive order. A right is not a constitutional creature. It is merely recognized and affirmed by our constitution. But the problem is even our 1987 Constitution has a confused, invalid understanding of the concept of rights. This is the reason why our country is moving towards complete political and economic disaster and collectivism.
A “right” is a moral principle elucidating and warranting a man’s freedom of action in a social context. The categories of rights above show that rights are only limited to man’s rights to his LIFE, LIBERTY, PROPERTY, and his PURSUIT OF HAPPINESS. The concept of rights excludes and rejects man’s right of force and compulsion. This fascist bill authored by a statist in Congress explicitly states that the people have a right to “universal access to medically-safe, legal, affordable and quality reproductive health care services, methods, devices, supplies and relevant information.” There is no such thing as a right to health care. What this bill clearly undercuts is the fact that this statist blessing (universal access to medically-safe, legal, affordable and quality reproductive health care services, etc.) does not come from the government or the state. Some people have to provide it to the people by means of voluntary trade. This statist provision is tantamount to sending doctors and health providers to a sacrificial altar, forcing them to provide the people with “medically-safe, legal, affordable and quality reproductive health care services”. If they failed to provide this statist blessing, they would be penalized under Section 22 of this fascist bill.
The medical profession is not a slave to our society. Doctors and medical health providers are not different from businessmen, lawyers, engineers, architects, and laborers. The important nature of their profession does not give the state the unjust, non-objective power to regulate and control the whole medical profession for the sake of the “greater good.” We have laws that penalize medical malpractice. We have objective laws that give people the right to sue incompetent doctors and health care providers. However, the state or the government has no right whatsoever to tell our doctors and health care providers: “Provide the people with affordable and quality health care services or else…” It is very clear that this legislative proposal seeks to enslave the entire medical profession by immolating and sacrificing doctors and health care providers to our society.
Another important issue is the proper role of the government. The only valid, proper role of the government is to protect our individual rights and freedom. The state has no duty to manage population not only because population cannot be legislated, but also because this statist/fascist “duty” necessitates the use of force. It is very clear that this bill institutionalizes the use of state force and compulsion. That is, by forcing medical providers, businessmen and taxpayers to serve what its proponents call the “greater good.” The government is not a productive agency. Its only source of revenue is taxation. This means that in order to provide the people with their RH care needs, some sectors of our society need to be sacrificed and immolated by the state.
I’ve stated before that this bill targets particular groups that would be sacrificed in the name of “common good.” Section 21 of the bill enumerates these four groups who are the following:
- Public and private health care providers;
- Any person who shall engage in falsification of compliance under Section 14 of the Act;
- Any person who shall maliciously engage in disinformation about the intent or provision of this act.
This fascist bill also talks about Reproductive Health Education, which is a clear attempt to control the education sector. Section 4(h) of the bill defines Reproductive Health Education as “the process of acquiring complete, accurate and relevant information on all matters relating to the reproductive system, its functions and processes and human sexuality; and forming attitudes and beliefs about sex, sexual identity, interpersonal relationships, affection, intimacy and gender roles. It also includes developing the necessary skills do be able to distinguish between facts and myths on sex and sexuality; and critically evaluate and discuss the moral, religious, social and cultural dimensions of related sensitive issues such as contraception and abortion.” The government agency that would be empowered to achieve the goals of this bill is the Commission on Population. The head of this Commission would serve the role of a ‘Reproductive Health and Population czar’ (my own term), and his primary duty is to ensure that “sustainable human development (under Section 4(q) is delivered and the aims of “population development”— (1) help couples and parents achieve their desired family size; (2) improve reproductive health of individuals by addressing reproductive health problems; (3) contribute to decreased maternal and infant mortality rates and early child mortality; (4) reduce incidence of teenage pregnancy; and (5) enable government to achieve a balanced population distribution— (Section 4(r) are achieved. Among the functions of the Commission on Population, which shall be an attached agency of the Department of Health, are the following:
- To create an enabling environment for women and couples to make an informed choice regarding the family planning method that is best suited to their needs and personal convictions;
- To integrate on a continuing basis the interrelated reproductive health and population development agenda into a national policy, taking into account regional and local concerns;
- To provide the mechanism to ensure active and full participation of the private sector and the citizenry through their organizations in the planning and implementation of reproductive health care and population development programs and projects;
- To ensure people’s access to medically safe, legal, quality and affordable reproductive health goods and services;
Since the bill establishes reproductive health as a matter of right, it also provides “mandatory age-appropriate reproductive health education” (under Section 12). “Adequately trained teachers” would be mandated to provide “reproductive health education” to students starting from Grade 5 up to Fourth Year High School level. Both public and private schools shall follow the “reproductive health education curriculum” to be formulated by the POPCOM, in coordination with the Department of Education. The sex education curriculum shall include the following subjects and standards:
- Reproductive health and sexual rights;
- Reproductive health care and services;
- Attitudes, beliefs and values on sexual development, sexual behavior and sexual health;
- Proscription and hazards of abortion and management of post-abortion complications;
- Responsible parenthood.
- Use and application of natural and modern family planning methods to promote reproductive health, achieve desired family size and prevent unwanted, unplanned and mistimed pregnancies;
- Abstinence before marriage;
- Prevention and treatment of HIV/AIDS and other, STIs/STDs, prostate cancer, breast cancer, cervical cancer and other gynecological disorders;
- Responsible sexuality; and
- Maternal, pre-natal and post-natal education, care and services.
Should our politicians pass this bill, both public and public school students would be indirectly indoctrinated with neo-liberal/leftist ideas (e.g. the perversion of the concept of rights). Now, here’s one proof that this RH bill is a fascist bill. Section 17 defines “Employers’ Responsibilities as follows:
“Employers shall respect the reproductive health rights of all their workers. Women shall not be discriminated against in the matter of hiring, regularization of employment status or selection for retrenchment. “All Collective Bargaining Agreements (CBAs) shall provide for the free delivery by the employer of reasonable quantity of reproductive health care services, supplies and devices to all workers, more particularly women workers. In establishments or enterprises where there are no CBAs or where the employees are unorganized, the employer shall have the same obligation.”
The first paragraph mandates employers to “respect the reproductive health rights of all their workers”, which simply means they have to provide the RH care needs of their employees. The second paragraph states the legal magic by which employers would be legally coerced and forced to respect the RH rights of their workers. This particular paragraph invalidates the constitutional guarantee on “equal protection of laws”, as employers would have NO choice at all but to provide “free delivery” of “reasonable quantity of reproductive health care services, supplies and devices to all workers, more particularly women workers.” The process of Collective Bargaining Agreement (CBA) is just a formality. Even in businesses and enterprises where there are no CBAs and unions, the bill mandates that the “employer have the same obligation.” This section seeks to enslave the ENTIRE business industry. This is not simply about redistribution of wealth, but primarily about forcing and enslaving the entire business community. Why is this the case? One possible explanation is the fact that the government is already broke that it can no longer provide the RH needs of the people without taxing the people. Also, we all know that the government currently confronts high budget deficit and high foreign debt of more than P4 trillion. The question is: Does Rep. Lagman have any idea what it takes to manage and grow a business? Do the passionate supporters of this bill have any idea how to conduct a simple medical operation? To all mini-fascists and little dictators who sponsor and/or support this statist bill: THE BUSINESSMEN AND HEALTH CARE PROVIDERS ARE NOT YOUR SLAVES! So the best way to guarantee people’s REPRODUCTIVE HEALTH RIGHTS is to enslave employers and health care providers. Is this not a clever fascist idea? Section 18 speaks of enslaving the “private reproductive health care providers, including but not limited to gynecologists and obstetricians”, as they are “encouraged to join their colleagues in non-government organizations in rendering such services FREE OF CHARGE or at REDUCED PROFESSIONAL RATES to indigent and low income patients” (emphasis added). The insulting word here is “encouraged”. What if the private health care providers refused to join their colleagues in non-government organizations? Would they be penalized? Section 21 of the bill enumerates the “Prohibited Acts” that should not be committed by any health care provider, whether public or private. They are the following:
- Knowingly withhold information or impede the dissemination thereof, and/or intentionally provide incorrect information regarding programs and services on reproductive health including the right to informed choice and access to a full range of legal, medically-safe and effective family planning methods;
- Refuse to perform voluntary ligation and vasectomy and other legal and medically-safe reproductive health care services on any person of legal age on the ground of lack of spousal consent or authorization.
- Refuse to provide reproductive health care services to an abused minor, whose abused condition is certified by the proper official or personnel of the Department of Social Welfare and Development (DSWD) or to duly DSWD-certified abused pregnant minor on whose case no parental consent is necessary.
- Fail to provide, either deliberately or through gross or inexcusable negligence, reproductive health care services as mandated under this Act, the Local Government Code of 1991, the Labor Code, and Presidential Decree 79, as amended; and
- Refuse to extend reproductive health care services and information on account of the patient’s civil status, gender or sexual orientation, age, religion, personal circumstances, and nature of work; Provided, That all conscientious objections of health care service providers based on religious grounds shall be respected: Provided, further, That the conscientious objector shall immediately refer the person seeking such care and services to another health care service provider within the same facility or one which is conveniently accessible: Provided, finally, That the patient is not in an emergency or serious case as defined in RA 8344 penalizing the refusal of hospitals and medical clinics to administer appropriate initial medical treatment and support in emergency and serious cases.
This section clearly shows how this bill would control the entire medical profession. This means that should our politicians pass this bill, every health care provider and doctor in the private sector would become employee of the government! Apart from employers and health care providers, the following persons are called upon to obey the will of the state:
- Any public official who prohibits or restricts personally or through a subordinate the delivery of legal and medically-safe reproductive health care services, including family planning;
- Any employer who shall fail to comply with his obligation under Section 17 of this Act or an employer who requires a female applicant or employee, as a condition for employment or continued employment, to involuntarily undergo sterilization, tubal ligation or any other form of contraceptive method;
- Any person who shall falsify a certificate of compliance as required in Section 14 of this Act; and
- Any person who maliciously engages in disinformation about the intent or provisions of this Act.
This RH bill is no doubt a fascist bill! This is the only bill that penalizes any person for engaging in “disinformation.” This is worse than the defunct Anti-Subversion law implemented during the reign of late dictator Ferdinand Marcos. For merely engaging in disinformation regarding the intent of this bill, any person may be held liable. What constitutes “malicious disinformation” and why is it punishable by this would-be special law? “Malicious disinformation” is clearly a by-product of political correctness. This proposed crime under the RH bill is akin to politically correct crimes, such as “hate crime”, “racism”, “discrimination”, etc. What is the definition of “malicious disinformation”? This new legal crime under this fascist bill is unconstitutional for being vague, broad and non-objective. “Malicious disinformation” is open to many interpretations that can be abused by the state by trampling upon the right of the people to free speech. Would I be held liable for calling this law (if ever enacted) a fascist law? Would I be held responsible for saying that it seeks to control and regulate the entire business industry, medical profession, and the education sector? What I’m saying is not an example of “malicious disinformation” but the TRUTH! For those who didn’t read this bill, this bill is non-objective, dangerous and unconstitutional for it seeks to violate our individual rights and freedoms! Section 22 states the “Penalties” that may be incurred by any person who violates the provisions and intents of this bill:
“The proper city or municipal court shall exercise jurisdiction over violations of this Act and the accused who is found guilty shall be sentenced to an imprisonment ranging from one (1) month to six (6) months or a fine ranging from Ten Thousand Pesos (P10,000.00) to Fifty Thousand Pesos (P50,000.00) or both such fine and imprisonment at the discretion of the court. If the offender is a juridical person, the penalty shall be imposed upon the president, treasurer, secretary or any responsible officer. An offender who is an alien shall, after service of sentence, be deported immediately without further proceedings by the Bureau of Immigration. An offender who is a public officer or employee shall suffer the accessory penalty of dismissal from the government service. “Violators of this Act shall be civilly liable to the offended party in such amount at the discretion of the proper court.
It is very unfortunate that there are doctors and businessmen who fully support this bill. There are also statist/collectivist intellectuals in this country like economist Ernesto Pernia who said that lawmakers should not look at government funding for contraceptives a problem. It’s very clear that the government would be compelled to allot budget for the supply of contraceptives and reproductive health education, but this is not the main issue. The main issue here is the potential violation of individual rights and freedom. This bill, if enacted, would turn businessmen, health care providers and ordinary individuals into potential criminals. This statist economist (who should not be teaching college students) said that the budget required for the comprehensive family planning law is just a thin slice from the national budget, compared to the funding poured into other programs that do not address the growing population in the country. Pernia is a proof that this country is now intellectually bankrupt! He’s a good example of a nearsighted economist who only sees the immediate, short-range effect of a political proposal. What he failed/refused to understand is the fact that this bill seeks to pass the burden on to employers and health care providers. This bill seeks to control and enslave the entire business community, medical profession, and the education sector. Those who didn’t read the bill simply spout a fantastic fallacy and sophistry that it’s all about “informed choice.” It seems that this “informed choice” is our one-way ticket to fascism, as the dishonest leftist and fascist politicians know how to cleverly sell their agenda. Again, this bill seeks to control the whole business industry, medical profession, and the entire education sector. Should they pass this bill, it would have the following effects:
- Employers would be forced to lay off or even fire employees;
- Employers and doctors would be regarded as potential criminals;
- Employers would not hire more people to avoid RH care spending mandated by the bill;
- There would be mass exodus of doctors and health care providers;
- Both local and foreign investors would be discouraged to invest in RP;
- There would be massive job loss;
- The Philippines would become one of the unfriendliest countries to business (plus consider the possible passage of the Antitrust bill).
- Some people would be penalized for what the bill calls “malicious disinformation”;
- There would be massive medical brain drain and exodus of businessmen and professionals.
We have to fight this bill by exposing its many contradictions and evil intents to violate our individual rights and freedom. We are all engaged in a battle of ideas. I oppose this bill not because it’s against the will of God, but because it is dangerous, non-objective and unconstitutional. We are still free to do what we want in this country. We are free to buy condoms at any convenience store without facing any legal threat to our liberty. Yes, the Catholic Church is against any kind of family planning method and contraception, but we are still free to disobey or follow its religious decrees. The Church threatened with “communication”, I say “excommunication” is a thing of the past- of the Dark Ages when the Catholic Church had an absolute monopoly on the fields of religion and politics. Yes, we are free to apply any kind of family planning method in this country. We are free to spread our views and influence other people. The Catholic Church and all religious institutions have the right to spread their religious ideas and even to influence the government. To prohibit them from spreading their views and beliefs would be tantamount to dictatorship. Also, the communists/leftists are free to spread their evil ideas and to fool young students so long as they don’t initiate the use of force. However, we have no right to ask the government to provide us our needs, be it education, health care, or transportation. By asking the state to be our “benevolent provider”, that would be tantamount to forcing the productive and successful members of our society to be society’s sacrificial animals. Remember, the road to hell is usually paved with good intentions.
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A rabid supporter of a fascist bill called the Reproductive Health bill and credulous anti-population advocate pulled a cheap, pathetic stunt in front of the Manila Cathedral altar during a mass with Manila Mayor Alfredo Lim and several Catholic bishops present. This Filipino fascist held a sign bearing the word “Damaso”, a reference to the diabolical friar from Jose Rizal’s famous novel “Noli Me Tangere”. To call the attention of the modern-day friars who perhaps represent Rizal’s ‘Padre Damaso’, this atheist protester then screamed: “Stop getting involved in politics.” He was seized by the police and taken to a nearby detention center.
Apart from surrounding himself with well-known Marxists and progressives, President Noynoy Aquino recently showed his determination to support the fascistic, evil Reproductive Health bills authored by socialists in Congress. Reports said Speaker Feliciano Belmonte Jr. said he is prepared to face the rage of the Catholic church in making sure the bills on reproductive health pending in the House of Representatives are tackled extensively and voted on by lawmakers.
However, this doesn’t mean that I’m not in favor of abortion. I am an atheist for the very reason that I don’t want to destroy reason. Most atheists in this country, the free-FARTERS in particular, are the most ardent supporters of this anti-population bill. But this doesn’t mean that all women in this country must undergo abortion. I believe that every human being is responsible for his/her own body. Any woman who has no capacity- physically, financially, emotionally, intellectually or psychologically- to deliver and/or raise a child has the right to demand abortion. An embryo is not a person. This means that any society has no right to deprive any woman of her right to undergo abortion.
As the old saying goes, ‘you know one when you see one. And this is exactly the case as the most ardent advocates of population control have compiled a list of politicians running for public office this May 10 national elections who made an either expressed or implied support to the controversial Reproductive Health bill that would force both employers and doctors to provide RH services to designated beneficiaries against their will.
The staunch supporters of the Reproductive Health bill authored by some communist politicians in Congress peddled a number of altruistic grounds and rationalization to ensure the passage of their socialist proposal. Some of their grounds are the following: a) to provide the needed reproductive health care services for women; b) to help the poor; and c) to curb the alleged population explosion in the country.
Today the issue of population control in this country is widely seen as the battle between the anti-population mystics who support an altruist legislative proposal and the religionists, who tied their arguments to Biblical grounds. Unfortunately, none of the opponents of this legislative proposal—the Reproductive Health Bill authored by socialist representatives in Congress—offered a proper, rational argument to counter the assumptions of the anti-population cultists. This is the reason why the RH bill debate is gaining more supporters than opponents—and this is also the reason why this country is moving toward complete collectivism.
My fundamental premise is this: I don’t believe the government has the right to coerce anyone under the concept of common good or social welfare to provide for the needs of others, and I also don’t believe that need is a claim or a license to enslave a particular group of people. First, it is important to understand that we’re not yet talking about the legality of this bill, because its proponents are still in the campaign process. The wave of public opinion determines the life or death of this legislative proposal, and I’ve heard that the Arroyo regime ordered its temporary confinement.
IT seems that a lot of people in this country, particularly those who ardently support a leftist bill being pushed by Leftist politicians in Congress, have miserably inflated their flawed logic and way of thinking. They accused all Filipinos who expressed their opposition to the controversial Reproductive Health Bill as religionists or Christians. These misguided supporters of the legislative proposal firmly believe that anyone who is against it is a believer of a non-existent mystic entity they call God.
I oppose RH Bill not on the grounds of religious argument (that it is anti-Life), but because it is not part of the function of a government to institutionalize slavery, by sacrificing one group to another group. I do not share the sentiments of the religionists and the Catholics that this bill is pro-abortion or against the sanctity of life. I believe this proposition is anti-Life, but I do not agree with the religious position and definition of the term. To me it is anti-Life in the sense that it kills man’s motivation to achieve and the value of man’s achievement.
The State upholds and promotes responsible parenthood, informed choice, birth spacing and respect for life in conformity with internationally recognized human rights standards. The State shall uphold the right of the people, particularly women and their organizations, to effective and reasonable participation in the formulation and implementation of the declared policy.