The main issue of abortion in Thai society from the past to the present has two key points: First, the mindset embedded in Thai criminal law that views abortion as a crime, and women who are unprepared for pregnancy and seek an abortion are criminals, guilty under Section 301, which is the only section in the criminal code that punishes only women. Other sections related to various offenses use the term ‘person,’ which includes both women and men. This section punishes women even though there is no victim, as it is a decision made about one’s own body, known in English as a victimless crime. What the network wants to drive is the repeal of Section 301, but personally, I would like to see all laws related to abortion repealed, namely Sections 301-305. How and to what extent abortion can be performed should be a matter of health regulations.
The second issue is that even though the current law has some exceptions allowing women who are unprepared for pregnancy to have an abortion in three main cases: (1) The pregnancy endangers the physical and/or mental health of the pregnant woman, (2) The pregnancy is a result of a criminal offense under Section 276, which is causing a girl under 15 years old to become pregnant, whether the girl consents or not, Section 277 is rape, Sections 282, 283, and 284 are using deceit to satisfy lust, resulting in the woman becoming pregnant, and (3) The fetus has severe disabilities. The person performing the abortion must be a doctor. In reality, even women who are unprepared for pregnancy due to these conditions find that many doctors in state medical facilities refuse to perform abortions, forcing women to seek illegal services or use unsafe drugs, endangering their lives. The presence of the RSA volunteer network has somewhat alleviated this problem, but in terms of proper service systems, the state, through the Ministry of Public Health, should push for safe and legal abortion services to be genuinely available in every hospital, prohibiting any further refusals.
Source: Campaign activities for access to safe abortion services by the Network Supporting Women’s Choices for Unplanned Pregnancy Pro Voice 5: Let’s Talk about Abortion – On the occasion of International Safe Abortion Day, September 28, every year
by Assoc. Prof. Dr. Kritaya Archavanitkul, Coordinator of the Network Supporting Women’s Choices for Unplanned Pregnancy