Over the course of the years, the world has seen a push for the liberalization of abortion laws, with this issue exponentially gaining emphasis. In the past 20 years itself, more than 30 Countries have liberalized laws on abortion. This is not only due to the prevalence of unsafe abortions detrimental to both the mother and child but also to demand equal rights, among other reasons. This article explores such reformations on abortion law in Thailand by looking at the prior situation and the current one.
The Beginning
Originally under Thai Law, abortion is generally punishable. Under Section 301 of the Thai Penal Code, any woman who has undergone an abortion either by herself or allowed another person to do so shall be punished either by imprisonment not exceeding 3 years or a fine not exceeding six thousand baht, or both. However, Section 305 of the Code provides that an abortion (under Sections 301 and 302) is not punishable if done by a medical practitioner for the sake of the health of the woman or if the child was conceived as a result of offenses enumerated in the law.
However, in February 2020, through what can be deemed as a revolutionary ruling, the constitutional court adjudged Section 301 of the Penal Code as unconstitutional. This ruling was made in response to Srisamai Chueachart, a pro-abortion activist’s petition asking the Court to rule whether Sections 301 and 305 of the Thai Penal Code were unconstitutional on the basis of its incompatibility with Sections 27 and 28 of the 2017 Constitution which essentially grants equal rights to men and women and the rights and liberties to his or her life and persons, respectively. The three key points of the Constitutional Court Decision are as follows:
Firstly, with regards to Section 301, the unconstitutionality of the provision was invoked owing to its wording as the law only punished the “woman” for getting an abortion. This not only ignores the man’s role in the conception of the child but also not making any provision for a situation where the woman was pressured into having an abortion by such man. The Court ruled that this was indeed incompatible with Sections 27 and 28 of the Constitution.
Secondly, the applicant also petitioned for Section 305 to be amended, as it did not protect all medical personnel but only licensed doctors who performed the abortion as provided under Section 305 of the Code. The Court, however, did not find this incompatible with the rights and liberties empowered to persons under the constitution.
Lastly, the Court ordered for amendment and the alteration of the wording of the two aforementioned provisions with the ruling to take effect 360 days later, on 12 February 2021.
What has been happening in the Parliament
Subsequently, a bill was proposed to make amendments to the two sections of the Penal Code. The new amendment of section 301 of the Thai Penal Code changes the penalty and the substantive law of this section.
The old section 301 criminalised all abortion that was done and consented by the woman while the new version of section 301 proposed by the government allows the woman to make abortion with no penalty up to 12 weeks of the pregnancy. The penalty for the woman who violates the new section 301 also reduced down from maximum of 3 years of imprisonment to 6 months of imprisonment and maximum of 60,000 baht fine to 10,000 fine.
Section 305 is also appealed and amended. The old section 305 only give an excuse to the abortion if it is an abortion made by a doctor in which the woman must be endangered or that the woman is raped but in the new section 305, the law allows the doctor to perform abortions in the case that it will endanger the woman or if the woman is raped or if the child will be born with severe conditions and will be severely disabled or if the woman with less than 12 months of pregnancy confirms that she wants to perform the abortion.
Meanwhile, the Move Forward Party, the second-largest opposition party in Parliament proposed a new draft which will keep the same punishment of maximum of 3 years imprisonment or 60,000 baht fine. The new draft also changes the word from any woman to any person to promote gender equality and in case any intersex or transgender-woman is pregnant. The draft also allows abortion to be perform up to 24 weeks of pregnancy and gives one more condition as an exception which is if the child will have genetic disorders.
The government draft has already passed by the house of representative with a vote of 276-8 while the 54 of the Move Forward Party MPs abstained.
The response towards the recent Parliament’s Voting
The reformation of Thai’s Abortion Law has always been an outstanding issue that many people keep an eye on it. Most women hope that they will be able to get their rights to abortion and bodily rights back. After the Parliament passed the Government’s draft, various responses occurred. Some groups are satisfied with the result as the draft allows abortion even it is within 12 weeks pregnant which is a safe period of time according to medical’s reference. However, some groups are disappointed with the result. Even the draft stated that women can do abortion within 12 weeks, many people have opinions that it is not enough. MP from Move Forward Party suggested that to state duration of abortion within 12 weeks is quite problematic, the pregnant sometimes do not know that they are pregnant at that time due to vague physical changes. Moreover, they support abolishing section 301 or at least extending from 12 weeks to 24 weeks pregnant, so that it would correspond to bodily rights and best interest of the pregnant.
Other support-abortion groups actually want to abolish section 301, so abortion will not be labelled as a crime or at least to legislate duration of abortion to 24 weeks because most of the pregnant tend to do abortion with the period of pregnancy above 12 weeks, as a result from many factors such as hesitation, vague physical changes, lack of safe abortion knowledge, economic factors. Moreover, 24 weeks pregnant is safe according to medical’s reference and with medical services. They want to create a new understanding to the society that abortion is healthcare services and an alternative way of contraception. To decriminalize abortion can help the pregnant in approaching safe abortion and could decrease death rates of the pregnant which benefits the pregnant, bodily rights, and rights to abortion. Besides, many people expressed that the Government does not actually have a genuine understanding about abortion. More importantly, no one desires to be pregnant in order to get abortion.
Conclusion
Many countries in our globalized world have amended abortion law. It is important that the rights of every person shall be respected, not being overlooked. It is also very essential that the Thai Government should support and enhance the rights of its people. The Representative of the people should also be considerate and deliberate. It is their duty to be responsible and listen to the people’s voices.
According to all above mentioned parts, the current abortion law is in process of discussion, not officially legislated yet. Therefore, it would be good if the parliament reconsiders some points of the passed draft, for the sake of bodily rights and rights to abortion of Thai people. Along the amendment thereof, Thailand should improve healthcare services and educate every of its people about sex education and basic human rights
Citations
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“ร่างกายของเธอ สิทธิของเธอ ในการเข้าถึง ‘การยุติการตั้งครรภ์อย่างปลอดภัย’,” Hfocus, (2563) สืบค้นเมื่อวันที่ 21 มกราคม 2564, จาก https://www.hfocus.org/content/2020/03/18655#:~:text=กฎหมายอาญาของไทยระบุความ,ปรับไม่เกิน10%2C000%20บาท
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