An Ordinance Mandating the Provision of Information on Reproductive Health and Prevention of HIV, AIDS, and STI in Public Secondary Schools

June 27, 2017 QUEZON CITY ORDINANCE NO. SP-2601-17 PO20CC-169 32nd Regular Session AN ORDINANCE MANDATING THE PROVISION OF INFORMATION, EDUCATION AND COMMUNICATION MATERIALS ON REPRODUCTIVE HEALTH AND ON THE PREVENTION AND CONTROL OF HUMAN IMMUNODEFICIENCY VIRUS (HIV), ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS), AND SEXUALLY TRANSMITTED INFECTION (STI) IN PUBLIC SECONDARY SCHOOLS IN QUEZON CITY, AND APPROPRIATING FUNDS THEREFOR Introduced by Councilor Julienne Alyson Rae V. Medalla. Co-Introduced by Councilors Anthony Peter D. Crisologo, Lena Marie P. Juico, Elizabeth A. Delarmente, Victor V. Ferrer, Jr., Oliviere T. Belmonte, Alexis R. Herrera, Voltaire Godofredo L. Liban III, Ranulfo Z. Ludovica, Estrella C. Valmocina, Roderick M. Paulate, Allan Benedict S. Reyes, Gian Carlo G. Sotto, Franz S. Pumaren, Eufemio C. Lagumbay, Marvin C. Rillo, Raquel S. Malagen, Irene R. Belmonte, Ivy Xenia L. Lagman, Marra C. Suntay, Hero Clarence M. Bautista, Karl Edgar C. Castelo, Godofredo T. Liban II, Marivic Co-Pilar, Melencio "Bobby" T. Castelo, Jr., Rogelio "Roger" P. Juan, Diorella Maria G. Sotto, Donato C. Matias, Eric Z. Medina and Ricardo B. Corpuz. WHEREAS, the United Nations defines 'youth,' as those persons between the ages of 15 and 24 years; aSTAIH WHEREAS, the 2013 Young Adult Fertility and Sexuality Study by the University of the Philippines Population Institute revealed that there is an increasing proportion of youth with early sex experience. This signal the start of the exposure to the risk of reproduction and childbearing as well of sexually transmitted infections (STIs); WHEREAS, the same survey disclosed that teenage childbearing has sharply increased, likely as a result of higher premarital sexual activity, increase in prevalence of early sexual exposure, poor knowledge about reproduction and low use of contraception; WHEREAS, the 2015 Integrated HIV Behavioural and Serologic Surveillance (IHBSS) report on Quezon City revealed that there is plateauing HIV prevalence among Males who have Sex with Males (MSM) 20 years old and above. Furthermore, HIV prevalence is increasing among young MSM between 15 to 19 years old; WHEREAS, Section 4, Article I, of Republic Act No. 8504 or the Philippine AIDS Prevention and Control Act of 1998, mandates the Department of Education (DepEd), Commission on Higher Education (CHED), and the Technical Education and Skills Development Authority (TESDA) to utilize official information provided by the Department of Health in integrating the instruction of the causes, modes of transmission and ways of preventing HIV/AIDS and other sexually transmitted disease in subjects taught in all schools, including non-formal and indigenous learning systems. It also states that if the integration of HIV/AIDS education is not appropriate or feasible, the DepEd and the TESDA shall design special modules on HIV/AIDS prevention and control. It further states that it shall not be used as an excuse to propagate birth control or the sale or distribution of birth control devices and should not utilize sexually explicit materials; WHEREAS, Section 7 of Ordinance No. SP-1829, S-2008 also known as "An Ordinance Establishing a Quezon City Population and Reproductive Health Management Policy" mandates that Adolescent Health Education in an age-appropriate manner shall be taught in secondary education; WHEREAS, the City Government likewise adopted Ordinance No. SP-2504, S-2016 known as the Quezon City STI, HIV and AIDS Prevention and Control Ordinance which provides that HIV and AIDS, including topics on confidentiality and reduction or elimination of stigma and discrimination shall be provided in the workplace, academic and training institutions, and communities in Quezon City; WHEREAS, to strengthen efforts of the City Government in addressing reproductive health concerns, the prevention and control of HIV/AIDS and Sexually Transmitted Diseases, it is essential to disseminate accurate and age-appropriate information, education and communication materials to secondary schools in Quezon City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF QUEZON CITY IN REGULAR SESSION ASSEMBLED: SECTION 1. Definition of Terms . For purposes of this Ordinance, the following terms shall mean: a) Acquired Immunodeficiency Syndrome (AIDS) is a condition characterized by a combination of signs and symptoms caused by HIV. It makes the afflicted individual susceptible to other life threatening infections; b) Adolescent Sexuality refers to the reproductive system, gender identity, values or beliefs, emotions, relationships, and sexual behaviour of young people as social beings. It includes the physical, social and emotional changes in adolescents; c) Antiretroviral (ARV) drugs used in Antiretroviral Therapy to suppress the virus and stop the progression of HIV; d) Confidentiality the law dictates that all identifying information and the results of the HIV test must remain confidential, meaning that it must be kept private and will not be shared; e) Human Immunodeficiency Virus (HIV) a virus that weakens the immune system by destroying or impairing the function of the cells of the immune system, particularly CD4 cells; IAaCST f) HIV Counselling and Testing the proper process of getting an HIV test which includes a counselling session before getting blood drawn and another after the release of the test result; g) Immune System refers to the organs and processes of the body that protect your body from diseases and infections; h) Informed Consent in HIV Testing is a legal document signed by the person or a legal guardian, if a minor, indicating that he or she is voluntarily giving permission to be tested for HIV; i) Reproductive Health refers to the state of complete physical, mental and social well-being and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its functions and processes. This implies that people are able to have a responsible, safe, and consensual sex life, that they have the capability to reproduce and the freedom to decide if, when, and how often to do so. This further implies that women and men attain equal relationships in matters related to sexual relations and reproduction; j) Sexually Transmitted Infections infection that are spread by the transfer of organisms from person-to-person during sexual contact; k) Social Hygiene Clinic government clinics which are similar to health centers but specializes in the provision of free services related to STI and HIV, including testing and treatment; SECTION 2. Provision of Information, Education and Communication (IEC) Materials on Reproductive Health and on the Prevention and Control of Human Immunodeficiency Virus (HIV), Acquired Immunodeficiency Syndrome (AIDS), and Sexually Transmitted Infection (STI) to Quezon City Public Secondary Schools . Information, education and communication (IEC) materials such as, but not limited to, pamphlets, books, audio-visual presentations on reproductive health and on the prevention and control of HIV, AIDS, and STI shall hereby be produced for secondary students in Quezon City public schools. These shall be age- and development-appropriate and shall be formulated by competent professionals. a) Components of IEC Materials on Reproductive Health, shall include, but not be limited to, the following: Reproductive health; Adolescent sexuality; Values formation; Gender and development; Women's rights and children's rights; Sexual abuse and violence against women and children and other forms of gender based violence; Knowledge and skills in self-protection against discrimination; Sexually-transmitted Infection and Human Immunodeficiency Virus (HIV)/Acquired Immunodeficiency Syndrome (AIDS); Teenage pregnancy; Responsible teenage behaviour; and Responsible parenthood. b) Components of IEC Materials on the Prevention and Control of HIV, AIDS and STI shall include, but not be limited to the following: Introduction to HIV and AIDS Explaining what HIV is and how HIV infection affects the body Discussing the symptoms of HIV infection Differentiating HIV and AIDS Explaining Antiretroviral Therapy Transmission and prevention of HIV infection Explaining the modes of HIV transmission Enumerating the steps in the prevention and control of HIV transmission emphasizing abstinence as the most effective method to prevent HIV infection Giving good reasons for abstinence as a way of preventing HIV infection Sexually Transmitted Infections Describing common symptoms of sexually transmitted infections (STI) Explaining the relationship between STI and HIV infection Discussing STI prevention and treatment concepts Making decision on what to do to prevent or address STI and HIV infection Available HIV and STI services and Assessment of Risk Identifying the different HIV and STI services available Assessing one's own risk for HIV and STI Applying decision-making skills in managing sexuality-related issues Existing law and current HIV situation Describing government policies in the prevention and control of HIV and AIDS (RA 8504) CDTSEI Voluntary Counselling and HIV Testing with informed consent Confidentiality Discrimination Interpreting data on the current status of HIV in the Philippines Reflecting on the trend of the HIV situation in the country SECTION 3. Implementing Agencies . The Quezon City Health Department, in coordination with the Quezon City Schools Division Office, shall be the main implementing agencies of this Ordinance. They shall coordinate with other relevant local and national government agencies, and non-government organizations for its effective implementation. SECTION 4. Appropriation . An amount to be taken from available funds of the City is hereby appropriated for the initial implementation of this Ordinance. Every year thereafter, a budget necessary for the implementation of this Ordinance shall be appropriated. SECTION 5. Separability Clause . If any part or section of this Ordinance is declared unconstitutional for any reason whatsoever, such declaration shall not in any way affect the other parts or sections of this ordinance. SECTION 6. Repealing Clause . All ordinances, resolutions, executive orders, rules, regulations, and other administrative issuances, or the provisions thereof, which are contrary to or inconsistent herewith are hereby repealed or modified accordingly. SECTION 7. Effectivity . This ordinance shall take effect immediately upon its approval. ENACTED: June 27, 2017. (SGD.) RODERICK M. PAULATE President Pro-Tempore Acting Presiding Officer ATTESTED: (SGD.) ATTY. JOHN THOMAS S. ALFEROS III City Gov't. Asst. Dept. Head III APPROVED: July 31, 2017 (SGD.) HERBERT M. BAUTISTA City Mayor