Issues regarding the Use of Criminal Legal Rights by Women who Have Abortions

Abstract

This research aims to study the law on the exercise of rights under criminal law by women who have abortions. The study examines the abortion laws of the United States, the French Republic, and Australia. Section 301 of the Criminal Code, together with Section 305 of the Medical Council Regulations on Criteria for Medical Termination of Pregnancy by Medical Practitioners under Section 305 of the Criminal Code B.E. 2564 (hereinafter referred to as the “Medical Council Regulations”), analyzes the problems of women who have abortions exercising their rights under criminal law. The research results show that Section 301 of the Criminal Code has a gestational age limit, stipulating that women who are no more than 12 weeks pregnant can have an abortion without being guilty, which is too short a gestational age. Although women who are more than 12 weeks pregnant but no more than 20 weeks pregnant can request an abortion under the conditions of Section 305, the law does not guarantee whether women will have an abortion as requested. Therefore, women experience rejection of abortion by doctors. In addition, there are few abortion service providers in Thailand that do not cover all areas, and each place has different service conditions. Women’s legal right to abortion is therefore violated. Therefore, the law on this issue must be reviewed and amended to truly protect women's rights.