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AJM

MCHS
Joie Melissande A. Ocampo CN 6
9-Fitton/ PoEE 9B 03-15-19

A Duty to Protect

How would society treat someone who, in their eyes, had committed a grave mistake? Some in society would
continue to support them, help them recover. Others would shun them, isolate them and neglect them. Sadly, the latter is
the most common among marginalized sectors of society, specifically the sector this essay will focus on: pregnant teenagers.
These teens are not able to access their various rights and are not given equal opportunities to support themselves and their
children. While the government has become more open to these teens, as seen in a pending bill sponsored by Risa Hontiveros
entitled the “Prevention of Adolescence Pregnancy Act of 2018”, the government still fails to give a concrete solution to
stop the discrimination of pregnant teenagers and support them.

Despite the bill proposed by Risa Hontiveros, it should be partnered with an enabling act to help pregnant teens
because these teens need more support from the government as it is their duty, without an enabling act a law would be
ineffective, and that we would be helping these pregnant teens to support themselves and the child they carry. This essay
will be discussing various reasons why Risa Hontiveros' proposed bill is a step in the right direction, though it needs
improvement. Many would ask why the protection of these pregnant teens must be prioritized over the ending of the cycle
of teenage pregnancy. It must be prioritized because these teenagers are just that: teenagers, who need support and protection.
It must also be prioritized due to the fact that if pregnant teenagers are given support, they would be discouraged from
having more children at a young age, effectively stopping the rising rates of teenage pregnancy in the Philippines. Finally,
this issue must also be resolved now because as it stands, higher teenage pregnancy rates lead to more problems, and to
have a concrete solution for one would help solve the others.

Now first of all, why should pregnant teenagers be protected by a law? How are they considered marginalized? To
answer such questions, one must look at the meaning of the word marginalized in the context of this essay. Marginalized is
defined as, according to the Merriam-Webster dictionary, “to relegate to an unimportant or powerless position”. In layman’s
terms, this would mean to put someone in a powerless position. Marginalized sectors are groups of people who are put in
an unimportant or powerless position. They are put at an inherent disadvantage due to who they are or what they do or do
not do. Examples of marginalized communities include women, children, pregnant women, single mothers, the poor and
the unemployed. One can find all of these in a pregnant teenager, which is why the government has a duty to protect them.

The government is given a special role as the parens patriae or parent of the nation. This implies that it is their duty
to protect its citizens as though they were a father or mother taking care of their children. This role is especially needed by
the marginalized sectors and outcasts of society, and this includes pregnant teenagers. Due to their inherent immaturity, they
commit a grave mistake that basically isolates them from their peers and main support system which is their family. In these
scenarios, it is the government’s duty to protect them from the harms of discrimination, isolation and marginalization.
Now, one may argue that it is not the government’s duty to support and protect these pregnant teens, but the parents
themselves. Being the closest relative or family member to the pregnant teen instills that they have the main responsibility
of caring for their offspring in times of duress. Not only that, but the government has other duties to fulfill, so one may
argue that pregnant teenagers are the least of their concerns.

However, it must be reiterated and remembered that the government is the parens patriae and it is their moral duty
and obligation to protect all of its citizens especially those put at an inherent disadvantage. This is why they implement laws
to protect children and women from abuse, why they help the impoverished and the unemployed to find jobs, why they
support single mothers and pregnant women, and why they must implement not only the pending bill, but an enabling act
to go with it.

Now, to answer the question of pregnant teenagers being one of the least of the concerns of the government, we
must first ask: how severe is the situation? It can be said that worldwide teenage pregnancy rates are declining, and while
that is fact, in the Philippines, the rates continue to increase. According to the Philippine Statistics Authority or the PSA,
500 infants are born to teenagers every day, leading to an estimated 183,000 births each year as a result of teenage pregnancy.
It can be seen now how this affects many teenagers, and society. This is why this issue needs to be resolved now, and why
pregnant teenagers should be one of the main issues the government needs to pay attention to.

It is known that majority of pregnant teenagers drop out of high school and do not finish their education. Many
assume that it is for them to provide for the child they carry. It is shown however, that most pregnant teenagers drop out to
avoid judgement or discrimination from their peers and their educators. While this did not happen in the Philippines, an
American citizen by the name of Natasha Vianna described in an article the bullying she faced attending school while
pregnant. She recounted “She [the teacher] would refuse to let me leave her class if my breasts were engorged...One day as
I sat in her class with swollen breasts and extreme discomfort, I raised my hand and asked her if I could leave...she said no.
A few moments later, my breasts began to leak....The teacher looked over at me, pointed in front of a class of 18 year olds,
and said ‘You’re leaking breast-milk.’” Her experience is one that many teenagers experience should they choose to attend
school during and after pregnancy. Nothing much is being done about it, however, some senators have been paying attention
to this issue.

Risa Hontiveros, an incumbent senator running for a position in the 2019 senatorial elections, is a main advocate
for women’s rights. Recently, she has proposed an act to not only prevent teenage pregnancy, but to ensure that pregnant
teenagers are protected, supported, and given the chance to finish their education to find a stable source of income. However,
the problem is that this is merely an act. The proposal currently ends on Section 25, dedicated to describing the process that
should take place every year. What is troublesome is that there are no set punishments should someone violate this act. Yes,
it may be talking about how pregnant teenagers should be supported, but without something else, then the policy will remain
just that: a policy.
This is where an enabling act comes in. An enabling act is an act which lists down punishments or rewards
corresponding to certain crime. An enabling act is just what the proposed bill needs to strengthen it. Without the enabling
act, the obedience to the law would be subject to biases, whims and the like, since there is no judicial punishment should,
for example, a school decides to refuse admission to a pregnant teenager or expel a currently enrolled student solely on the
basis of being pregnant. Under the current version of the pending act, one can only file an administrative case to either the
Department of Education or the Commission on Higher Education, depending on which department is involved. That means
that only administrative sanctions will take place which is not enough to deter citizens from breaking the law. An enabling
act would implement judicial sanction, which would discourage people from breaking this law.

Many would argue that the current version of the pending bill would be enough to deter citizens. After all, the
guidelines were explained and elaborated on, and the multiple councils to be formed by the implementation of this law could
act as a judicial body for cases should someone decide to break this rule.

However, we can see in the past that this is not enough to deter citizens from breaking an act, and they have gone
free with no major punishment. Look no further than the Anti-Bullying Act of 2013, signed by former president Benigno
Simeon Aquino III. The act was supposedly implemented to prevent bullying in schools by having schools adopt policies
to lessen cases of bullying. However, the act ends on Section 6, Sanctions for Non-Compliance. While this section seems
to imply a judicial sanction, upon reading Section 6, it can be seen that the sanction for non-compliance are administrative
sanctions. Not only that, but the provision is not clear what action to be done should a person or institution be found guilty
of non-compliance. The act was implemented, yet nothing happened. Bullying still happens in schools nationwide. The
same thing would happen should Risa Hontiveros’ proposed bill was implemented as is without either revising it or
implementing it alongside an enabling law.

This essay has talked about why the government must protect the marginalized sector that is pregnant teenagers. It
has also talked about how the government, while heading in the right direction, still needs to add an enabling act to ensure
that the guidelines would be followed. However, what would this law do to actually help pregnant teenagers beyond
education? The answer is simple: this law would help them to rise again after being pregnant. These pregnant teenagers are
the future of our country, as well as the children they carry. Should they not be supported, then it is likely that they will not
be able to support themselves. With the act implemented with a proper enabling act, these teenagers would be able to be
properly educated not only with the skills that they will need to take care of their child and find a job to be able to provide
for them, but also on the nature of their mistake. With this act, these teenagers would be receiving proper sex education.
This would discourage them from becoming pregnant again, becoming more responsible.

Some would argue that instead of discouraging teens, this act would encourage them due to the fact that they will
be given support by the government should they decide to still have children. The current mindset for minors such as them
would be that good deeds are rewarded while bad deeds are punished. Many say that this law would be considered as
something similar to a reward and as such, teenagers could use this as an excuse to become pregnant.
However, it must be understood, that with this act, these pregnant teenagers would receive sex education where
they would be educated on their mistake and how it would affect them and their families in the future. In fact, this act would
discourage them from being pregnant since they will be able to realize the truth of their mistakes. What must be focused on
is the chance for society to help them rise again and support their children for themselves without needing to commit illegal
acts or living in poverty, which has been proven before, leads to sanitation problems and higher mortality rates.

With all of the reasons above, it is safe to say that it is possible through this bill to protect pregnant teenagers. While
Risa Hontiveros’ bill would help many pregnant teenagers, it needs to be improved with an enabling act, as it is the
government’s duty as the parens patriae, and society’s duty to protect these teenagers. The act must be supported with an
enabling act to support these teenagers as it is the duty of the government, the law would be useless without an enabling act,
and this is the government’s chance to support these pregnant teenagers who are marginalized, and put at an inherent
disadvantage. It is time for society to support these teenagers and not outcast or shun them. The bill above is the correct
way for society to react to these teenagers who have made grave mistakes.
Bibliography

(n.d.). Retrieved from https://lawphil.net/statutes/repacts/ra2013/ra_10627_2013.html


Chamlin, M. B., & Cochran, J. K. (n.d.). An Excursus on the Population Size-Crime Relationship. Retrieved from
http://westerncriminology.org/documents/WCR/v05n2/article_pdfs/chamlin.pdf
Scorgie, F. , Blaauw, D. , Dooms, T. , Coovadia, A., Black, V., & Chersich, M. (2015, August 25). "I get hungry all the
time": Experiences of poverty and pregnancy in an urban healthcare setting in South Africa. Retrieved from
https://globalizationandhealth.biomedcentral.com/articles/10.1186/s12992-015-0122-zMkms. (n.d.).
Bill of the Prevention of Adolescent Pregnancy Act of 2017. Retrieved from
https://www.aseanlip.com/philippines/general/legislation/bill-of-the-prevention-of-adolescent-pregnancy-act-of-
2017/AL16500
Teen Pregnancy, Discrimination, and the Dropout Rate. (2017, July 19). Retrieved from https://www.aclu-
wa.org/blog/teen-pregnancy-discrimination-and-dropout-rate

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