Termination of pregnancy: legal and human rights perspectives

In Thai society, birth control began in the period 1937 – 1944, when Field Marshal P. Pibulsongkram was Prime Minister. At that time the government encouraged citizens to have children while also disseminating knowledge about sterilization and birth control within medical schools. When such knowledge is passed on through pharmacies and various pharmaceutical products to the low-income middle class and workers in Bangkok. In addition, with Thailand’s role in producing goods for export abroad during the tenure of Field Marshal Sarit Thanarat as Prime Minister, the need for a balance of population and job positions in the market has become more important. For this reason, birth control became an important part of family planning policy in 1961 and of national family planning policy from 1970 onwards.

Birth control, in simple terms, is the prevention of pregnancy. The commonly used birth control methods may be divided into two types: temporary and permanent birth control. Temporary birth control prevents male sperm from fertilizing a female egg or prevents a fertilized egg from implanting in the uterus. Use a condom or birth control device. or receiving birth control pills into the body through implants, injections, or oral contraceptives For permanent birth control In females, this involves surgery to separate the two fallopian tubes. while in males it involves tying the sperm ducts to prevent sperm produced within the body from leaking out during intercourse. This is because permanent birth control must be prescribed by a doctor and costs more than temporary birth control. Individuals therefore prefer temporary contraception due to its ease of access. The cost is not very high. As well as the convenience of being able to do it yourself in your accommodation.

Even birth control may be able to prevent pregnancy at a satisfactory rate. But as time passed, society began to noted that Birth control has many health implications. Especially the health of pregnant women, that is, birth control pills can cause headaches, breast pain, weight gain, and irregular periods. and other abnormalities. At the same time, contraceptive devices such as condoms and IUDs can be difficult to access for vulnerable groups and other special needs groups, and those with access to such devices face a hit. Badge from outside society Not having access to birth control equipment for their needs Moreover, Birth control still cannot solve the problem of pregnancy without financial readiness, mental state, and lifestyle of the pregnant woman. For this reason, the termination Pregnancy or termination of pregnancy therefore arises as another option for pregnant women who have limitations in raising children. If such a person chooses this option, it means that She doesn’t have to bear the burden of raising a baby. education and promotion of quality of life in other areas in any way

Even birth control may be able to prevent pregnancy at a satisfactory rate. But as time passed, society began to noted that Birth control has many health implications. Especially the health of pregnant women, that is, birth control pills can cause headaches, breast pain, weight gain, and irregular periods. and other abnormalities. At the same time, contraceptive devices such as condoms and IUDs can be difficult to access for vulnerable groups and other special needs groups, and those with access to such devices face a hit. Badge from outside society Not having access to birth control equipment for their needs Moreover, Birth control still cannot solve the problem of pregnancy without financial readiness, mental state, and lifestyle of the pregnant woman. For this reason, the termination Pregnancy or termination of pregnancy therefore arises as another option for pregnant women who have limitations in raising children. If such a person chooses this option, it means that She doesn’t have to bear the burden of raising a baby. education and promotion of quality of life in other areas in any way

for Thailand Termination of pregnancy used to be a criminal offence, regardless of the gestational age at the time of termination. The exception is in the case of the pregnant woman having health problems or the pregnancy resulting from sexual abuse. But now that the pregnancy is no more than 12 weeks old, termination of pregnancy is no longer a legal offense. And if the pregnancy is more than 12 weeks old, the pregnancy can be terminated in cases where the baby is at risk of serious disability. In case the pregnant woman has health problems In the case of pregnancy resulting from sexual abuse or in the case of a pregnancy of more than 12 but not more than 20 weeks and the pregnant woman confirms her desire to terminate the pregnancy after examining and receiving medical advice.

To provide a clearer picture of legal developments regarding the right to terminate pregnancy. Can be considered from the provisions of the Criminal Code, Sections 301 and 305, as follows: Former Section 301: “What woman causes herself to have an abortion? or allowing others to cause their own miscarriage Must be punished with imprisonment not exceeding three years. or a fine not exceeding sixty thousand baht or both imprisonment and fine.” Section 301 in the present era: “A woman who causes an abortion herself or allows another person to cause an abortion while she is more than twelve weeks pregnant. Must be punished with imprisonment not exceeding six months. or a fine not exceeding ten thousand baht or both imprisonment and a fine.” Former Section 305 “If the offense mentioned in Section 301 and Section 302 is committed by a medical doctor and (1) it is necessary to commit it due to the woman’s health or (2) the woman is pregnant due to the commission of a criminal offence. As provided in Section 276, Section 277, Section 282, Section 283 or Section 284, the offender is not guilty.” Section 305 in the present era “If the offense under Section 301 or Section 302 is committed by a medical practitioner and according to the criteria of the Medical Council in the case as follows The offender is not guilty. (1) The act was necessary because if the woman continued to be pregnant there would be a risk of harm to her physical or mental health. (2) The act was necessary because there was a great risk or there was a formal reason. A doctor should reasonably believe that if the baby is born there will be an abnormality to the point of serious disability. (3) A woman confirms to a medical practitioner that she is pregnant because of a sexual offense. (4) A woman whose gestational age does not exceed Twelve weeks confirmed to terminate the pregnancy. (5) A woman whose pregnancy is more than twelve weeks. but not more than twenty weeks Confirm that you will terminate the pregnancy after examination and receive alternative counseling from medical practitioners and other professionals in accordance with the criteria and methods announced by the Minister of Public Health with the advice of the Medical Council and relevant agencies according to law. Concerning preventing and solving the problem of teenage pregnancy”

According to the concept of international human rights that aims to support the freedom of the body of each person. Termination of pregnancy is one thing to confirm. Pregnant women have the right to own their own lives. have good health and not being discriminated against The fact that Thai society in the past has made terminating a pregnancy a criminal offense punishable by imprisonment reflects the prevention of pregnant women from receiving proper midwifery according to medical science. Because it pushes them to resort to illegal abortions. Often the person who performs the termination of pregnancy is not a doctor with expertise in terminating a pregnancy. It poses a great danger to the health of the recipient of the pregnancy termination. And worse when such a case occurs Many abortion recipients are afraid to receive proper medical treatment because they want to conceal the termination of their pregnancy and do not want to be prosecuted. For this reason, termination of pregnancy is required. It is a past wrong and therefore does not guarantee the right of individual ownership of their own life. It also increases the risk that pregnancy termination recipients who are prosecuted will be discriminated against from the personal perspective of judicial officials. All of this sparked calls for the right to terminate pregnancy until the amendments to Sections 301 and 305 of the Criminal Code were made to legalize termination of pregnancy in a variety of cases in Thai society.

However, although termination of pregnancy is increasingly being accepted in law, But Thailand still cannot be classified as a country that accepts complete termination of pregnancy as an ideal of the concept of human rights. To achieve this ideal, it is necessary to amend the criminal code so that terminating a pregnancy in any case is no longer an offense, along with creating correct knowledge and understanding. comprehensive information regarding termination of pregnancy for society in order to create Awareness at the lifestyle level Only then will termination of pregnancy be truly recognized as an inalienable right. Lead to the end of illegal pregnancy termination and no one will ever again be discriminated against for exercising their personal reproductive health rights.

Reference list
Amnesty International. (2020, May 11). Why Termination of Pregnancy and Birth Control? Therefore, it is an important health right. Amnesty International. https://www.amnesty.or.th/latest/blog/789/
iLaw. (2021, February 7). Revised criminal law #Safe abortion Available at 12 weeks of pregnancy. ilaw.or.th. https://ilaw.or.th/node/5816
Wells, J. (2021, January 21). 8 important facts about abortion. Amnesty International. https://www.amnesty.or.th/latest/blog/841/
Family Planning Association of Thailand (IPST). (2021, August 23). My stomach is not ready, what should I do to stay safe? Family Planning Association of Thailand (IPST). https://ppat.or.th/ท้องไม่พร้อมทำไงดี
Hfocus news agency takes an in-depth look at the health system. (2017, May 6). History of birth control among Thai people. Hfocus.org. https://www.hfocus.org/content/2017/05/13870
Sikarin Hospital. (2022, January 4). What methods of birth control are there? What kind of birth control should I choose? Sikarin Hospital. https://www.sikarin.com/health/What are birth control methods?

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