International Women’s Day 2019, the RSA volunteer network and the Unplanned Pregnancy Network jointly called for #BalanceforBetter by advocating for equality in legal aspects related to abortion between women and men. Pregnancy does not occur solely from women; men must also be involved every time.
On November 13, 2018, the Constitutional Court unanimously accepted the complaint regarding the constitutionality of the Penal Code related to abortion. The petition argued that Section 301 has issues concerning its constitutionality under the Constitution of the Kingdom of Thailand, B.E. 2560 (2017).
Because the provision that only women who cause themselves to have an abortion or allow others to cause them to have an abortion is an offense under Section 301 of the Penal Code, it contradicts the principle of equality between men and women. It is an unfairly discriminatory law and affects women’s rights to their bodies and freedom in life, not aligning with the Constitution of the Kingdom of Thailand, B.E. 2560 (2017), in Section 27 and Section 28.
1) Section 27: Guarantees equality in law and equal legal protection for men and women. Unfair discrimination against individuals, whether due to differences in origin, race, language, sex, age, disability, etc., or any other reason, is not permissible.
2) Section 28: Provides the right to one’s own body. If a woman chooses to terminate an unplanned pregnancy to continue her normal life or to preserve her own life without infringing on or affecting the rights and freedoms of others, it is the woman’s right and freedom to decide to do so because the body is the complete right and freedom of the woman.
This is the first case where the Constitutional Court accepted a complaint from the public, and it is considered a precious gift on International Women’s Day.
Justice is here…