Category: Countries

Philippines Supreme Court identifies issues to be addressed in hearing

In order to simplify and expedite the hearing scheduled for 9 July to review the controversial Reproductive Health law, the Supreme Court of the Philippines has proposed that the petitioners for and against the bill concentrate on three constitutional themes during their oral submissions:

  • proscription of involuntary servitude *
  • equal protection clause (right to life, freedom of religion, natural law) **
  • freedom of speech (academic freedom) ***

Sections of the Bill of Rights (Constitution of the Philippines) relevant to these proposals are:

  • * Bill of Rights, Section 18(2): No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.
  • **Constitution, Section 1: No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
  • ***Bill of Rights, Section 4:  No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
    • ***Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.

[GMA News online]

Defiance of law predicted as Quebec moves toward legalization of assisted suicide

The Canadian Broadcasting Corporation reports that the government of Quebec will introduce legislation to legalize physician assisted suicide in the province between 7 and 14 June, 2013.  The draft bill is expected to assert that physician assisted suicide is a form of health care, and thus (under Canada’s constitutional division of powers) subject to provincial regulation, not the Criminal Code, a federal law that prohibits the procedures.  Depending upon the wording of the bill, the proposed legislation could include euthanasia by physicians.  Dr. Paul Saba of Physicians for Social Justice, a group that opposes the legislation, states that he will refuse to assist or refer any patient who asks for assisted suicide or euthanasia, regardless of the law or the policies of the Collège des médecins du Québec (Quebec College of Physicians), the state regulator of the practice of medicine.  [CBC]

Concerns raised about freedom of conscience in Ireland

The protection of conscience provision in a preliminary draft Irish abortion law has been criticized by Dr. Donal O’Mathuna, a lecturer in ethics at Dublin City University.  Dr. O’Mathuna objected to the claim that freedom of conscience is enjoyed by individuals, but not by institutions, and to the provision demanding mandatory referral by objecting physicians.  Dr. John Murray, a lecturer in moral theology at Mater Dei Institute and chairman of the board of The Iona Institute, insisted that Irish politicians must vote according to their conscientious convictions, even if that means defying the party whips. [Iona Institute]

Ruling in favour of freedom of conscience to be appealed

The National Health Service of Greater Glasgow and Clyde, regional provider of state health care, will attempt to overturn an appeal court ruling favourable to freedom of conscience for health care workers by appealing to Britain’s Supreme Court.  Two midwives who, for reasons of conscience, refused to participate in the supervision and support of staff providing abortions successfully appealed a lower court ruling against them.  The judgement of the appeal court was given in April.  [Irish Post]

Philippines Supreme Court sets new date for RH bill hearing

As a result of continuing interventions, the Supreme Court of the Philippines has rescheduled a hearing into the controversial Reproductive Health law from June 18 to 9 July, 2013.  The operation of the law has been suspended pending a review by the Supreme Court. [Sun Star]