(10 POINTS)
The City Mayor issues an Executive Order declaring that the city promotes responsible parenthood and upholds natural family planning. He prohibits all hospitals operated by the city from prescribing the use of artificial methods of contraception, including condoms, pills, intrauterine devices and surgical sterilization. As a result, poor women in his city lost their access to affordable family planning programs.
Private clinics, however, continue to render family planning counsel and devices to paying clients.
(a) Is the Executive Order in any way constitutionally infirm? Explain.
(b) Is the Philippines in breach of any obligation under international law? Explain.
(c) May the Commission on Human Rights order the Mayor to stop the implementation of the Executive Order?
Explain.
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2 comments:
II.
a.
Yes. The executive order violates the right of the spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood. Moreover, since the executive order is unreasonable, it violates due process.
b.
No. Family planning is an internal matter for each state. It does not concern international law.
c.
No. The principal function of the Commission on Human Rights is investigatory. It may not issue writs of injunction or restraining orders against supposed violators of human rights to compel them to cease and desist from continuing their acts complained of.
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