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November 17, 2020
725
Cabinet agrees to amend criminal law Pregnant women up to 12 weeks can “abort” to protect the rights of women and children
On November 17, 2020, Ms. Ratchada Thanadirek, Deputy Spokesperson for the Prime Minister’s Office Revealed after Cabinet Meeting (Cabinet) That the Cabinet has approved a bill to amend the Penal Code for crimes of miscarriage or “Abortion” With the origin, on February 19, 2020, the Constitutional Court ruled that the Penal Code, Section 301, requires that any woman have a spontaneous abortion or allow another person to do so. It is too restrictive of the rights and freedoms of women. Which is contrary to the Constitution. In accordance with the decision of the Constitutional Court, the Cabinet passed a resolution on March 3, 2020, requiring the Office of the Council of State to consider amendments to sections 301 and 305 of the Penal Code together with the relevant agencies.
Today, the Cabinet approved a bill that modifies the Codecriminal law Section 301 and 305 as proposed by the Council of State. The reasons for the amendment of the Penal Code, articles 301 and 305 are: 1. Age limit.matrixFor the offense of women who make themselvesabortChildren or allowing others to doSpontaneous abortionDuring pregnancy of more than 12 weeks, guilty and punishment To protect the rights of pregnant women and the fetus to achieve a balance 2. Add an exception to the cause of miscarriage. To cover various cases That it is necessary and deserving of an abortion OR to terminate the pregnancy for women AND to require doctors to follow the criteria of the Medical Council. For the safety ofPregnant women Which has the following essence
1. Amendment to article 301 for older womenmatrixUp to 12 weeks they can have an abortion. From the original that prohibits pregnant women. “Abortion” The age of pregnancy is absolutely determined according to the opinion of the Medical Council and Royal College of Obstetricians of Thailand. This is because it is the safest time to have an abortion. There is no risk of complications or life-threatening complications for the person performing the abortion. Additionally, the penalty rate has been reduced. Be appropriate so that the person performing the abortion has already suffered physical pain. Therefore, it is not necessary to impose a higher penalty. With details as follows
‘Section 301 Who causes a miscarriage? Or allowing others to cause your miscarriage during pregnancy of more than 12 weeks, you will be punished with imprisonment for a period not exceeding 6 months or with a fine of not more than 10,000 baht or with both ‘of the original set, with imprisonment for a period not exceeding 3 years or a fine Not more than 60,000 baht or both
For Section 305 there is an amendment to add an exception to the cause of miscarriage. Cover the necessary and appropriate cases to have an abortion or terminate a woman’s pregnancy. Details are as follows
‘Section 305 if the commission of a crime under Section 301 or 302 is an act of a physician and in accordance with the rules of the Medical Council in the following cases: The offender is not guilty 1. Need to act Because if a woman is pregnant is still at risk of harming a woman’s physical or mental health. 2. Need to act This is because if the baby is born there is a high risk of physical or mental disorders, even serious disability 3. Pregnant women for sexual offenses 4. A woman who is not pregnant. 12 weeks confirmed to ceasePregnant‘
Is In the following order The bill to reform the Penal Code will be submitted to the Coordinating Commission of the House of Representatives. He then proposed to the House of Representatives for urgent consideration. To be effective before 12 February 2564 Since the decision of the Constitutional Court will enter into force 1 year If you haven’t finished editing section 301 It will not be effective implicitly Because the law cannot be unconstitutional
Ms. Ratchada added that Amendments to laws related to “Abortion” It promotes the protection of the rights of women and the life of the fetus in a balanced way. It also builds confidence in medical staff when it comes to providing voluntary abortion services. It reduces the motivation of women to go to a healer for an abortion. What is illegal and unsafe for life And in the part where the law allows the abortion of fetuses at risk of fetal death. This will reduce stress for families who are not prepared to support children with disabilities.
