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© 2005 - 2008 www.childrightssea.org All rights
reserved. |
| Crying over Spilt Mothers'
Milk [posted Aug. 2008] Everybody is happy. The United
Nations Children's Fund (UNICEF) Philippines declared its delight
with the Supreme Court October 9, 2007 decision to lift the temporary
restraining order on the Revised Implementing Rules and Regulations
(RIRR) of the National Milk Code (EO51). Arugaan decried as untruths
the stream of news reports claiming that the Supreme Court decision
was a blow to breastfeeding advocates. Neonatologist and pediatricians
believe the Supreme Court decision was a major victory for mothers and
infants.
So why is ARCSEA crying over spilt mother's milk? Because ARCSEA believes we were duped. We were taken for a ride. The heart of the matter in what ARCSEA deems as a major setback in the battle for the protection of exclusive breastfeeding among infants from birth to six months lies precisely in the sections stricken out by the Supreme Court.
Viewed by breast feeding advocates world wide as a crucial test of corporate social responsibility toward consumers, this case of PHAP versus the Department of Health shows how rich and powerful multinational milk companies , in this case represented by the Pharmaceutical and Health Care Association of the Philippines (PHAP), can lay claim to the justice system in furtherance of their profits objectives, all at the expense of the lives of at least 16,000 infants annually, especially those from the marginalized sectors of society. Background • In May 2006, the Revised Implementing Rules and Regulations of the Milk Code was passed by the Secretary of Health. The RIRR was crafted to strengthen the "teeth" of the Milk Code and enable the implementation of the law to be really protective of children's right to health and nutrition. • In July 2006, the Pharmaceutical Health Care Association of the Philippines (PHAP) filed a suit against the Secretary of Health and petitioned the Supreme Court for a temporary restraining order or TRO. The Supreme Court denied the TRO. • In August 2006, the Supreme Court overturned its own decision and granted a TRO in favor of PHAP's request. Atty. Fely Aquino represented PHAP, wife of Sen Joker Arroyo who, in 1986, signed the Milk Code. • On October 9, 2007, the Supreme Court found the rest of the RIRR in consonance with the Milk Code while unanimously declaring null and void the following provisions: (1) SECTION 4(f): Advertising, promotions, or sponsorship of infant formula, breast milk substitutes and other related products are prohibited; (2) SECTION 11: No advertising, promotions, sponsorships or marketing materials and activities for breast milk substitutes intended for infants and young children up to twenty four (24) months; and (3) SECTION 46: The imposition of administrative sanctions against any person, juridical or natural, found to have violated the provisions of the Code and its Implementing Rules and Regulations amounting up to PhP1 million for the 5th and succeeding repeated violations (maximum).
ARCSEA is crying
over spilt mother's milk because the Supreme Court could have penned
a milestone in Philippine jurisprudence by upholding en toto the RIRR
but it chose not to and buckled down under the pressure of profit-taking
giant milk companies. Exceptions to advertisements may now be allowed
by an "Inter-Agency Committee." ARCSEA's
take on this is that at this time when corruption in government is such
a hot and real issue, there is big room for doubt how long and how steadfast
members of the Inter-Agency Committee can withstand attempts of bribery
to facilitate advertisements that undermine breast feeding practices,
especially among poor and marginalized mothers. Moreover, aggressive
promotional campaign for infant formula which has been identified as
a major reason why mothers are discouraged from breastfeeding their
babies. |

