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Controversy over ‘preservation of abortion’ legislation
“Affected the purpose of determining nonconformity
Violation of the right of women to health and self-determination “
Citizens are protesting in front of the Seoul National Assembly in front of the Seoul National Assembly on the afternoon of the 7th, when the government announced a legislative amendment to keep guilty abortion under criminal law but allow abortion up to 14 weeks in the early pregnancy. Yunhap news
The government announced a legislative amendment to the Penal Law that allows preserving the ‘crime of abortion’, but suspending the pregnancy without conditions within 14 weeks of pregnancy. Like ‘Mifgin’, a draft of the Maternal and Child Health Law was also published, with the content of stopping pregnancy with the use of drugs. The government affirmed that “the protection of the right to life of the fetus and the right to self-determination of women are in practical harmony”, but criticized in legal and feminine circles the violation of women’s right to health and self-determination by strictly interpreting the purpose of the constitutional inconsistency decision of the Constitutional Court. Comes out. According to the preliminary draft of the Penal Law and the Maternal and Child Health Law issued by the government on the 7th as a follow-up measure to the constitutional inconsistency in April of last year, it is possible to suspend the pregnancy until 14 weeks of gestation, and in addition to the cases in those that until now have been allowed exceptions in the 14 to 24 weeks. Pregnancy can be stopped even when there are social and economic reasons. Until the 24th week of pregnancy, △ if the person or spouse had a mental disorder, physical illness or infectious disease, △ pregnancy due to rape or near-rape, △ pregnancy between blood relatives and relatives. The legislative draft also allowed the suspension of pregnancy through the use of drugs and surgery, and contained the content of recognizing the rejection of artificial abortion treatment according to the personal beliefs of the doctor. In the case of mental and physical disability, the consent of the legal representative instead of the person prior to the procedure, and the minor can substitute the confirmation of the facts of the counseling instead of the consent of the guardian. Without a separate briefing, the government stated in the explanatory material of the legislative draft that these contents were aimed at “optimizing the realization of the protection of the life of the fetus and the self-determination of the pregnant woman.” However, the existence of culpable abortion has not solved the problem that women have long pointed to. For example, if you become aware of your pregnancy late due to sexual violence, disability or minor, or do not provide the money necessary to stop the pregnancy, you cannot stop the pregnancy after 24 weeks, even if you have serious health problems or imprisonment for an abortion of up to one year. They are punished with a fine of less than 2 million won. A woman who is in a relatively poor situation will bear the burden of abortion, but the legislative bill did not contain this reality. Hong Yeon-ji, director of the women’s health team of the Korean Women’s Association, said: “If you look at a case where the pregnancy is canceled at the end of the pregnancy, it is a case where it has been delayed because neither You can even visit a hospital because you are a teenager or because you are a teenager. Reality is first diagnosed and corrected ”. There is also the problem that women are allowed to stop pregnancy only exceptionally between 14 and 24 weeks, and that women have to “prove” their pregnancy history, such as sexual violence and social and economic difficulties. Children under 16 years of age can receive treatment with confirmation of counseling only if they demonstrate that they do not have a legal representative or that they have been attacked or threatened by him.
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The lawyers’ meeting of a democratic society issued a press release that day, saying: “The government strictly understood that the core of the constitutional decision was to determine the scope of the criminal punishment according to the number of weeks of pregnancy.” It is highly unconstitutional, such as violating the principle of prohibition of excess, secrecy and freedom of privacy, and the violation of the right to self-determination of personal information ”. In fact, the constitutional ruling stated that “the statement that the life of the fetus is protected can make practical sense when it includes the physical and social protection of the pregnant woman.” “Social and institutional measures that can prevent unwanted pregnancies and reduce abortion It is stated that it is necessary to comprehensively establish preliminary and post-mortem measures such as the establishment of conditions.” Lawyer Chun Ji-seon, who participated in the delegation of the constitutional petition for abortion, said: “The constitution does not say that criminal punishment is the only method. Rather, criminal punishment was said to have only violated women’s rights because it was not effective, and there were many conversations about guaranteeing women’s rights and seeking practical support measures. This also applies to pregnant women after 24 weeks. “This bill is a constitutional decision. It is difficult to say that it fits,” he criticized. Some point out that the law is not in line with the international trend of developing health and basic rights of women. Canada allowed termination of pregnancy for all periods in 1988 and France passed a bill in the House of Representatives last month allowing termination of pregnancy for all periods. Abortion was abolished in Queensland, Australia Lawyer Kim Soo-jeong, who served as the head of the constitutional petition delegation on abortion, said: “Some in Europe also oppose the abolition of abortion, saying they keep abortions in Europe or prevent stopping pregnancy at the end of pregnancy, but that’s because the European legal system was influenced by religion and became legislation a long time ago. rque. Also, there are few cases of punishment, so it is actually a private clause, “she criticized, saying,” Why should Korea follow the previous legislation after reviewing the law for the first time in 66 years? “By Park Da-hae, Staff Reporter, and Hwang Ye-rang, [email protected]
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