The Problems in enforcing Abortion law in related to Criminal Code Amendment Act (no.28) B.E 2564

Abstract

The purposes of this research were to study 1) Analyze limitations The Criminal Code Amendment Act (No. 28) B.E. 2021 Section 305 and the medical regulations on the Medical Termination of Pregnancy Section 305 of the Criminal Code B.E. 2021 2) Comparative of the conditions for access termination pregnancy services according to criminal law in Thailand and France 3) Suggestions about the access to abortion services. Research methods using documentary Conduct studies and collect information on academic documents, articles, legal texts, and legal websites in Thailand and France. Data is separated into create a questions and comparative analysis to answer questions based on the objectives and assumptions set forth.

          The research results found that:

          1) Criminal law section 305 and the medical regulation on termination pregnancy has not discussed right of doctor to refuse from abortion. because the doctors indeed have a professional and ethical duty to provide appropriate medical care and treatment to patients to the best of their abilities.

          2) Social Security Act B.E. 1990 does not mention safe abortion access to benefits in social security law. Because increasing benefits provided by the government does require a significant allocation of funds from the national budget. Moreover, the law does not mention the right to access safe abortion services. That prevent women for accessing safe abortion because the safe abortion services facilities in Thailand.

          3) Therefore, doctors should have the legal right to refuse care and have to recommend to some doctor for volunteering, should have woman to response the civil society, and develop facility standards for abortion.