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  • 1. Legal Rights ofBreastfeeding Mothers Legal Rights of Breastfeeding Mothers
  • 2. Relevant Laws and Regulations• International Code of Marketing of Breast- milk Substitutes• Executive Order No. 51 or the Milk Code• Republic Act No. 7600 or The Rooming-in and Breastfeeding Act of 1992• Republic Act No. 10028 or Expanded Breastfeeding and Promotion Act• IRR and RIRR of the Milk Code• IRR of Expanded Breastfeeding and Promotion Act Legal Rights of Breastfeeding Mothers
  • 3. International Code of Marketing Breastmilk Substitutes• Aim – protect and promote breastfeeding by ensuring appropriate marketing and distribution of breastmilk substitutes• Covers infant formula, other milk products, cereals for infants, vegetable mixes, baby teas and juices, follow- up milks  when marketed or otherwise represented as partial or total replacement for breastmilk• Also applies to feeding bottles and teats• Prohibited acts: – No advertising to the public – No free samples to mothers, families or health workers – No promotion (product displays, posters, free gifts/samples or free or low-cost supplies to any part of health care system) Legal Rights of Breastfeeding Mothers
  • 4. E.O. No. 51 or the Milk Code• Signed into law by former Pres. Cory Aquino on 20 October 1986• Important to understand scope: breastmilk substitutes – Infant formula, other milk products, foods and beverages, feeding bottles and teats• Regulated acts: – Advertising – needs prior permission from Inter-Agency Committee• Prohibited acts: – Giving of samples and supplies of products, gifts of any sort – Point-of-sale advertising, promotion device (displays, discount coupons, premiums, special sales, bonus – Giving of gifts/articles/utensils which promote use of breastmilk substitutes or bottlefeeding Legal Rights of Breastfeeding Mothers
  • 5. Violations of the Milk Code Legal Rights of Breastfeeding Mothers
  • 6. Republic Act No. 7600• Rooming in as a national policy to encourage, protect and support breastfeeding• Covers all private and government health institution• Exemptions – mothers who are: – Seriously ill, taking medications contraindicated to breastfeeding, violent/psychotic or those whose conditions do not permit breastfeeding or rooming-in• Provide facilities for breastfeeding collection and storage Legal Rights of Breastfeeding Mothers
  • 7. Salient Points of Republic Act No. 10028• Signed into law by former Pres. Gloria Macapagal-Arroyo on 16 March 2010• Setting up of lactation stations in private enterprises (including NGOs) and government offices• Expenses incurred for setting up stations, lactation programs are deductible expenses for income tax purposes• Provision of “lactation periods” for breastfeeding employees in addition to meal times (at least a total of 40 minutes for every 8-hour work period)• Encourage health institutions to put up breast milk banks• Inclusion of breastfeeding in school curriculums• Set August every year as Breastfeeding Awareness Month Legal Rights of Breastfeeding Mothers
  • 8. IRR and RIRR of the Milk Code• No more TV ads, billboard, print ads, radio ads for products within the scope of the Code. But companies get around this: – Re-branding their products. E.g. Enfamama to promote Enfa+ line – Promoting milk for older kids e.g. 3+ and usually these follow-on milk have the same brands• No more visible health/nutritional claims – companies still do this for follow-on milk. Check photo.• Increase of scope: from 0-12 months to 24 months• Now considers the “total effect” of advertising materials instead of specific prohibitions on text/information• Prohibition on health/nutrition claims (gifted child, higher IQ)• No manufacturers, distributors, representatives are allowed in ANY activity on breastfeeding or misleading information or claim. Violation: False promotion, classes/seminars for women and children• Compliance and reporting violations are BIG ISSUES Legal Rights of Breastfeeding Mothers
  • 9. IRR of RA10028• Provision of lactation stations and implementation of a workplace policy that protects, promotes and supports the breastfeeding program• Requires that workplaces comply with the Milk Code• Requires that employers make sure that staff/employees are made aware of RA10028 and IRR – give information on how women can combine work and breastfeeding• Lactation periods: 2-3 breastmilk expressions lasting 15-30 minutes each within a workday Legal Rights of Breastfeeding Mothers
  • 10. Your Role as LATCH Counselors• Be aware of Milk Code violations and DO NOT VIOLATE THE MILK CODE• Apprise mothers of their rights under the Rooming in Act - suggest that they print-out Unang Yakap Step by Step Guide before delivery• Inform them that they can continue to breastfeed even if they return to work and inform them about the lactation room and policy requirements• Encourage them to talk to HR about setting up lactation rooms/policy at their work place if not available. Legal Rights of Breastfeeding Mothers