‘Unplanned Pregnancy’ and State-Provided Abortion Options: Unraveling the Path for Women to Make Their Own Choices

Thai society is a trend-based society, with different issues gaining attention at different times. Currently, society is turning its attention back to the debate on “abortion” amidst controversies over moral correctness from the perspective of some groups. The movement regarding “abortion” has multiple dimensions and various factors to consider, especially the issue of the necessity of abortion beyond cases of abuse or coercion.

What happens during the debate is that there are government agencies that support and provide abortion services under legal conditions. However, many women have been physically affected by self-abortion or trusting unqualified services. This situation has led various communities to unite to demand that government agencies publicize information so that the public can receive good services instead of fearing that this legally correct information will be condemned by a group that views abortion as immoral and against religious beliefs.

Before discussing the facts and debates, it may be necessary to talk about the Thai criminal law regarding the offense of causing an abortion first. These laws are in Chapter 3, with 5 relevant sections.

Thai law specifies penalties for women who self-abort, both in cases where the abortion is consented to and not consented to, but there is a exception in Section 305 that specifies reasons for abortion due to the woman’s health, cases of abortion due to rape, indecent deception, being under 15 years old, and from sex work both with and without consent.

The tightly framed law causes women who seek services without falling under the exception criteria but need abortion services to find alternative services when doctors cannot provide them, accepting services that may be harmful to their bodies, and sometimes choosing alternative services leads to death.

In 2005, the Medical Council issued an amendment allowing doctors to terminate pregnancies beyond the previous specification of physical health, extending to mental health of the pregnant woman and the health of the fetus as well.

However, legal experts view the Medical Council’s regulations as professional regulations that can be issued, but some doctors may still be concerned about using professional regulations in actual abortions that may not align with criminal law, which does not allow for additional interpretation. Currently, there are reports that the Council of State is in discussions to interpret and amend Section 305.

Beyond the legal process, there are many groups that have united to become a social force for campaigns on the website change.org, which works to drive for pregnant women who want an abortion due to different initial problems under the name “Unplanned Pregnancy, Legal and Safe Abortion”, with nearly 3,000 signatures (as of May 18) out of a target of 5,000.

Update on the Movement
One of the campaign leaders is Khun Supecha Bautip, a representative of the “Tam Tang” group. Khun Supecha commented that Section 305 protects doctors, which may not fully reflect the voices of the target group of women, while Section 301, which states that women who cause themselves to have an abortion or allow others to cause them to have an abortion is an offense, tells society that abortion is illegal, bad, and socially unacceptable when considering this law. It causes women to be judged by social attitudes or religious beliefs, including this law.

The Tam Tang group, therefore, joined with several networks, such as the “Network Supporting Women’s Choices for Unplanned Pregnancy” and the “Volunteer Doctors Network,” to submit a case to the Constitutional Court through the Ombudsman, and the Ombudsman’s Office responded two weeks ago that it could not be submitted.

“Personally, I am not very clear on what they mean, but I think they disagree. They may say they do not see the issue as we see it, that it conflicts with the constitution. Section 301 states that any woman who causes herself to have an abortion or allows others to cause her to have an abortion is wrong, but in reality, if there is to be blame, should men also be blamed? But we are not saying anyone is wrong; we are saying no one should be wrong at all.And it also conflicts with Section 7 of the constitution, which states that discrimination based on sex, health, race, religion is prohibited. And now they have responded that they will not submit it further. We are preparing to submit it to the Constitutional Court, but there is no definite schedule yet,” Khun Supecha said.

The effort to amend the law to be more open must continue, while the search for answers on terminating pregnancies due to contraceptive failure cannot yet be definitively answered whether the Council of State interpreting the law will agree with the groups advocating for change. As for submitting to the Constitutional Court, there is no definite schedule for when it will be driven.

Although the movement to push forward remains on a rough path, there are still positive signs for the movement in Thailand. Khun Supecha mentioned that within the network of activists, there are two sides: those who disagree with abortion but support other care options, such as orphanages or adoption, and those who want abortion.

Both sides are able to work together, unlike the situation in other countries where there is internal conflict and clear division of approaches. It is considered a positive phenomenon that the movement is progressive, viewing that women have the choice to decide, and whatever they choose, there will be support for the best system to accommodate, ensure safety, and allow them to continue in society.

Thai Public Health and the “Fear” of Abortion
Relevant government agencies, such as the Department of Health, Ministry of Public Health, import and purchase abortion drugs, control drug use, and organize training seminars, inviting doctors to increase knowledge and understanding. Currently, there are over 100 hospitals nationwide with doctors who have been trained and received drugs for use in their hospitals.

Subsequently, the NHSO, the National Health Security Office, has a budget to support volunteer doctors and hospitals registered to receive drugs and provide services. The NHSO supports each service recipient with 3,000 baht, meaning there is a public health agency certifying safe drugs, and an agency has accepted it.

Volunteer doctors also support amending Section 301 to make the system clearer from the Medical Council’s regulations. Additionally, it sends a signal to other doctors who can perform abortions but are not part of the group offering abortion options for the physical and mental health of pregnant women.

However, the number of doctors and hospitals participating in the hundreds reflects the attitudes of people in society and the understanding of abortion (necessary for physical and mental reasons) as still being inappropriate.

Khun Supecha, who works in advocacy, acknowledges that the movement still has a long way to go, especially in social and religious aspects. Most of the movement is in the form of those affected speaking out. In the past, the activist group opened a Facebook page, posting stories of pregnant women to disseminate information, but found that some comments on women’s experiences were still negative and harshly critical.

The trend of legal changes regarding abortion in Thailand remains uncertain, but the movement has revealed more pathways after starting to drive for some time. People in society are beginning to understand, but there is still a long way to go. Although the initial results may not reach the level the activist groups desire, it is believed that from the signs seen, there is a chance that interpretation and opportunities will open up more in the future.

Source: https://gmlive.com/safe-abortion-case-of-birth-control-failure