Thailand Constitutional Court rules to amend Criminal Code on Abortion

Team SoOLEGAL 26 Feb 2020 5:05pm

Thailand Constitutional Court rules to amend Criminal Code on Abortion

Thailand: On Wednesday i.e. 19th February 2020, the Constitutional Court for the Kingdom of Thailand issued a ruling that a provision relating to abortion in the criminal code violates the constitution and ordered that it be amended.

Section 301 of the Criminal Code provides that a woman who causes her own abortion or allows someone to perform an abortion on her may be punished with up to three years in prison or up to a fine of 6,000 Baht. The case was brought to court at the demand of Srisamai Chueachart, a surgeon who had been arrested for providing abortions two years ago.

The court found that Section 301 violated Sections 27 and 28 of the Constitution; section 27 provides that “All persons are equal before the law” and that “Men and women shall enjoy equal rights”, moreover section 28 provides that “A person shall enjoy the right and liberty in his or her life and person”.

Decision of the court concerning Section 301 will come into force in 360 days, or next year on February 13. How the clauses will be amended are still uncertain, but the decision has been made as to move forward by advocates of reproductive rights, who have long held that existing law was vague and dissuaded health care providers from treating unwanted pregnancies, especially for underage females.

Accordance to Section 305 of the Criminal Code, abortions may be performed if they are medically necessary for the woman's health, in cases of rape, or if the girl is under 15.

Tagged: Thailand   Constitutional Court   Criminal Code   Section 301  
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