contraception

In 2016, the Supreme Court ordered the Food and Drug Administration (“FDA”) to observe the basic requirements of due process in the testing, evaluation, and approval of contraceptive drugs and devices, and to determine whether the contraceptives Implanon and Implanon NXT are abortifacients or non-abortifacients. A drug or device is an abortifacient if it is proven to primarily induce abortion, destroy a fetus inside the womb, or prevent the implantation of a fertilized ovum.

This law amends §§3216 ,3221, and 4303 of NYS Insurance Law, and amends §365-a of NYS Social Services Law to require that health insurance policies in New York State provide comprehensive contraceptive coverage. It mandates coverage of all FDA-approved contraceptive methods, including over-the-counter options when permitted by law.

The Act regulates sexually transmitted diseases including HIV, provides information for treatment of HIV, and provides punishment for violations. §18.3 of the Act provides that the Ministry of Health and Social Welfare, the Ministry of Education, and the Ministry of Youth and Sports shall provide education on the prevention and control of HIV. §18.4-18.5 provide that educating the public regarding HIV and AIDS is part of the national response, and the government shall train all relevant personnel.

The petitioners alleged that Republic Act 10354, also known as the Responsible Parenthood and Reproductive Health Act (“RH Law”), was unconstitutional because it violated the right to life of the unborn, the right to health, the right to freedom of religion, and the right to free speech. The RH Law provides poor and marginalized Filipinos with information and access to family planning methods, such as supplies, services, and education related to reproductive health.

Law 25673 regulates the National Program on Sexual Health and Responsible Reproduction and guarantees universal, free access to contraceptive methods for the entire population, without discrimination (Article 6). The law also provides for sexual health education and information, promotes women’s participation in decisions regarding their reproductive health, and includes contraceptive coverage in the Mandatory Medical Program (PMO).

Massachusetts General Laws Chapter 272 § 21B allows privately controlled hospitals and health facilities to refuse to admit patients for abortions, sterilization procedures, or the receipt of contraceptive devices or counseling when such services conflict with the facility's stated religious or moral principles. The statute further provides that such conflict with the facility’s stated religious or moral principles.

The plaintiff was a mother whose second and third pregnancies were complicated by medical issues and resulted in her suffering from a stroke and temporary paralysis. She was advised that her life would be endangered if she became pregnant again. As such, she sought to obtain contraceptives, but their sale and importation was prohibited by Irish law.

New Jersey Revised Statutes § 10:7-2 affirms that every individual in the state has a fundamental right to make personal decisions about their reproductive health. This includes the right to use or decline contraception, to continue a pregnancy and give birth, or to terminate a pregnancy. The statute guarantees that these choices belong to the individual, and not to the government, and it protects access to both contraception and abortion services as part of that right.