Issues concerning abortion under Section 301

Abstract

Since the amendment of Sections 301 and 305 of the Criminal Code, abortion has become significantly more liberalized than before. Pregnant women can decide to terminate a pregnancy within the first 12 weeks without incurring criminal liability, and within 24 weeks under conditions specified by law. In addition, abortion is also permitted in certain circumstances related to the health of the mother or the fetus. Accordingly, the author intends to study the current situation of abortion in Thailand, including statistical data, the number of medical facilities offering abortion services, as well as the issues and limitations arising from the amended legal provisions.

The findings reveal that the amended Section 301 contains a legal gap concerning the safety of pregnant women. It allows abortion to be carried out without requiring the procedure to be performed by a licensed medical practitioner, which could pose risks to the health and safety of the woman. Although access to legal abortion has become more liberal, the number of hospitals legally authorized to provide abortion services and the registered counseling service units under the Department of Health remain limited. When compared to the number of provinces and the national population, the availability of such services is still insufficient. Even though abortion within the legally prescribed period is no longer considered a criminal offense for the pregnant woman, practical limitations may lead to illegal abortions performed outside the supervision of medical professionals. This could endanger the health and well-being of the woman.