Machine Translated by Google

The induced abortion of teenagers according to Thai law from past to present

Yuenyong Phoseenoi1

Law Department, College of Politics and Governance,

Suan Sunandha Rajabhat University.

1 U-Thong nok Road, Dusit, Bangkok 10300.

E-mail: s65123440094@ssru.ac.th

Kamonwan Yoowattana2

Law Department, College of Politics and GovernanceSuan,

Sunandha Rajabhat University.

1 U-Thong nok Road, Dusit, Bangkok 10300.

*Corresponding author E-mail: kamonwan.yo@ssru.ac.th

ABSTRACT

This objective of this article is to study about the rights of teenagers to the induced

abortion according to Thai law.

From the study it was found that the induced abortion is an option for women who

become pregnant. This guarantees the right to decide and determine future obligations whether to

continue the pregnancy or choose to terminate the pregnancy. This is considered a process to

solve social problems related to medical hygiene. Female teenagers who are pregnant also have

the right to receive reproductive health information, confidentiality, and privacy, equal rights and

welfare from the state, including opportunities for further study and still have the right to decide

to terminate the pregnancy. If it appears that pregnancy is a risk of harm to physical or mental

health, there is a reason to believe that the baby will be seriously deformed when born. Pregnancy

1
Yuenyong Phoseenoi, Law Department, College of Politics and Governance, Suan Sunandha

Rajabhat University.
2
Kamonwan Yoowattana, Law Department, College of Politics and Governance, Suan Sunandha

Rajabhat University.

1
Machine Translated by Google

is the result of sexual offenses committed against teenage girls to satisfy the perpetrator's desires

by using the perpetrator's genitals to invade the genitals of women under 15 years of age whether

the woman consents or not, or a teenage girl over the age of 15 has been raped and sexually

assaulted, women can terminate their pregnancy. For pregnancies that occur from other reasons, if

a woman's pregnancy is no more than 12 weeks, she can request to terminate the pregnancy

herself. However, if the pregnancy is more than 12 weeks but not more than 20 weeks, the

pregnancy can be terminated after receiving examination and receiving alternative counseling

from medical practitioners and other professionals according to guidelines for prevention and

solving pregnancy problems. teenage pregnancy

For this reason, the researcher deems it appropriate to specify that parents, guardians, or

those who look after minors where the minor is trusted to participate in the pre- and post-

termination process of pregnancy and require teenage girls to receive birth control or take other

steps as necessary to follow-up, control, and monitor after termination of pregnancy. This is to

reduce the rate of teenage pregnancy and the rate of unplanned induced abortion.

Keywords : law, induced abortion, teenagers

Introduction

Pregnancy is a natural condition that occurs during fertilization. between the egg and sperm until birth

It is a fetus in the womb of a woman. This will lead to the opportunity to give birth to an heir, which is a fulfilling purpose.

The perfection of the family according to the expectations of society in general, but at the same time pregnancy in

In many cases it turned out to be social problems Due to the unpreparedness of the pregnant woman This may be caused by

living situation financial economy Age range and age of women Including factors from actions criminal wrongdoing leading to

an unwanted pregnancy

For the factors that causing pregnancy in teenagers It may be caused by problems within the family. Family

generation, poverty, lack of educational opportunities Taking drugs and

Alcohol leads to unsolicited sex. Accurate information about reproductive characteristics

2
Machine Translated by Google

Lack of knowledge and understanding about birth control. Pressure from friends who have had sex before. Sexual abuse including

rape. Forced to not have sexual intercourse. 3 Abortion to end the pregnancy

is therefore one of the options that are being used. Let's use it to solve the problem. Problems caused by Unplanned

pregnancy: From the data from the stabbing surveillance data from 2013 - 2020, it was found that the proportion of stabbing patients

has increased. It was found to be highest in 2019 at 55.8 percent and decreased slightly in 2019. 2020 was 53 percent from 1,154

respondents4. Pregnancy at that age is one of the causes that lead to the most abortions. It may be that the young person does not

have enough ability to provide care and support. You can have children at the same time. Adolescence is an age where you want

to try and make mistakes. Want to learn something new but not ready yet? will take care of another person They also have a duty

to themselves to study in order to gain knowledge. for themselves, which is a path to a stable career in the future, allowing the

generation to continue pregnancy because they are not ready, or giving the generation the right to choose to terminate pregnancy

They are different. The path that might lead resulting in physical, mental, well-being, economic and social impacts. In the year 2021,

Thailand has issued a Royal Act. Motion to amend the legal code,

which is a provision related to business If you want to have an abortion, be sure to do it. There is no fault in order to be

criminal Issue 28 amends the Criminal Code, Section 301 and Section 305. consistent with the the

current situation, both to protect the basic rights of human dignity that persons Have the right and freedom to do or not do anything

to their life and body as long as the action That will not disturb or violate the rights and freedoms of others. It also gives pregnant

women the right to determine their intentions for conception. 5 , causing the Medical Council to issue medical regulations. Decided

to introduce the Council regarding the principles. Criteria related to Medical termination of pregnancy by the patient The medical

implementation of theprofession according to Section 305 of the Criminal Code B.E. 25646 has been newly created to support the

said law.

3
Bureau of Reproductive Health, Report on Pregnancy Surveillance of Adolescent Mothers 2021, Bangkok: Published

by the Bureau of Reproductive Health, Department of Health, Ministry of Public Health,

4
2021, page 11. Bureau of Reproductive Health, Thailand Abortion Surveillance Report 2020, Bangkok: Published by the

Bureau of Reproductive Health, Department of Health, Ministry of Public Health, 2020,

page 11. 5 Royal Act Motion to amend the Criminal Code (Edition No. 28) B.E. 2021, Section 301 and Section 305. 6 Medical
ÿ

Council Regulations regarding criteria regarding crimes. Pregnancy medical conditions of medical professionals

Crimes according to Section 305 of the Criminal Code 2021. (2021, 2 July) Royal Gazette. Volume 138.

3
Machine Translated by Google

The regulations contain regulations on how to provide medical advice regarding the option to terminate a

pregnancy or choose to continue the pregnancy. Procedures Request information that must appear for consideration.

Including the woman's consent to terminate the pregnancy, with the intention of complying with the standards for

prohibiting pregnancy. Breeds and pregnant women can return to their normal lives, but if there is no tight enough

deadlines in the decision-making process and later Termination of pregnancy, especially among pregnant women, may

lead to social problems. other things, especially in the matter of free abortion.

For this reason, it is considered necessary to conduct a study regarding The right to terminate pregnancy

among teenagers According to Thai law, there are What is the nature? The above measures are consistent enough to

Can we solve the problem of teenage pregnancy? Is this enough?

LITERATURE REVIEW

1. The meaning of the word "termination of

pregnancy" "Termination of pregnancy" is also called "induced abortion" according to the English dictionary.

Royal Institute 2011 refers to milking a child with the intent to cause the baby to leave the mother's womb before

maturity and die. By Kanaphon

Chanthhom, it is called "miscarriage." In law, it means The birth of a baby who is lifeless, regardless of
ÿ

gestational age, whether due to natural or human causes.

Got 7

While Kamonnath Praphanwattana It has been explained that it means to control the cause of the stabbing

to be prevented. Use of drugs or obstetric procedures8 termination of pregnancy By using medicine or performing a

procedure before the fetus is in the period of survival in Thailand, the criterion that is less than the gestational age is used.

7
First Volumes 2, 8, Bangkok: Printed by
published at Kanaphon Chanthahom, Explanation of Criminal Law, Offenses,

Winyuchon Publishing House,

8
2022, page 129. km. La Nat Praphan Watthana , Induced abortion, https://w1.med.cmu.ac.th/obgyn/lecturestopics/

topic- review/1768/, retrieved on 2 March. 2024.

4
Machine Translated by Google

24 weeks or infant weight less than 500 grams in case of unknown gestational age or uncertain gestational age 9

Action How to get pregnant It may occur from different factors. Either from physical health problems or

The mind of a woman who is pregnant or abnormalities in the fetus in the mother's womb or because of the choice in

Action legal conception

Therefore, it can be concludedthat pregnancy means the process that takes place. To get pregnant

The woman stopped. By using drugs or other medical procedures that cause the fetus to

The mother cannot continue to grow.

2. The meaning of the word

“teenager” according to the Royal Institute Dictionary 2011 gives the meaning of “teenager” as meaning

Age approximately 13-19 years.

While in accordance with the Prevention of and solve the problem of teenage pregnancy 2016, Section 3

“Youth” means a person who is over 10 years of age but not yet 20 years of age. The word “Youth” in the current law

therefore has the meaning covering the word “Child” means It refers to a person who is not more than 15 years of age

and “youth” means a person who is 15 years of age but not yet 18 years of age as per

Juvenile and Family Court and Juvenile and Family Court Procedure Act B.E. 2010, but not included

Children under 10 years of age, who are considered a group with physical conditions that develop as young people, have

Changes in both physical and emotional aspects are evident as being a young person.

According to Section 19 of the Civil Code and commerce, which is based on the age

criteria, will see that the law defines the status of being a teenager. The speed is different. From the law

Others that talk about the person who is During the period of time mentioned, the word "teenage" may have different meanings sometimes.

Considering the measures to prevent and solve the problem of teenage pregnancy, the term puberty will be determined.

based on the changing conditions of the body Especially having a period Menstruation of women in their first years

natural version It is a cause that may cause pregnancy to occur After having sexual intercourse

Therefore, the term youth must be adhered to according to the age criteria for For persons who are over 10 years of age but

Not yet 20 years old according to the current law.

9 Royal College of Obstetrics and Gynecology of Thailand, knowledge documents Information for pregnant women/service providers regarding abortion

(Induced Abortion) https://www.rtcog.or.th/files/1691461971_48d72151315feefb07db.pdf Retrieved when March 2, 2024.

5
Machine Translated by Google

3. Concepts based on the principle of proportionality in actions (principle of proportionality)

The principle of proportionality is a general principle. It is considered to be a constitutional principle that

It is used to check the legality of actions. all types of state affairs creates stability

to the basic rights of the people. 10 Protection of one of the things that exist in natural or according to imagination

A person's consciousness is beauty in a good way but at the same time protection against such things

Consideration must be given to the effects that may affect the rights and freedoms of individuals throughout the country. go to a place that exists generally because of the person

Everyone therefore has the right to have their rights and freedoms protected. Is it equal? Laws enacted by the government

Therefore, it must be in order to guarantee the basic rights of the people according to their needs. appropriate social needs

until it reduces
based on the principles Proportion in actions without biasing in any way The value of justice

Measures or methods used for cause for action or not to do anything.

Appropriate and up to date with the situation, although in many cases there are moral reasons and legal virtues.

It has a counter-intuitive nature, according to the ideas of various schools of thought.

4. Measures regarding termination of pregnancy according to Thai law

4.1 According to the Criminal Code before the amendment of the provisions (No. 28) B.E. 2021 and

Medical Council regulations Concerning the criteria for medical termination of pregnancy according to Section 305 of

the Criminal Code, B.E. 2005

Previously, according to the Criminal Code, the offense of abortion, Section 301, “Any woman who causes

You yourself had a miscarriage or allowed someone else to do it. causing her to have a miscarriage Must be punished..." The woman's fault that caused

You yourself had a miscarriage or allowed someone else to do it. causing one's miscarriage according to criminal law before correcting that act

The offense can occur no matter how many weeks into a woman's pregnancy. both provisions and exceptions

The offense of the offender according to Section 305 only in the case where the offense according to Section 301 and Section

302 is an act of a medical doctor and (1)

necessary to act Because of the woman's health

ÿ

which is in accordance with the criteria related to The Medical Council's Medical Termination of

Pregnancy Act 2005 stipulates that termination of pregnancy can only be done if the pregnant woman agrees to the conditions.

10 Banjerd Singhaneeti and Somsakadinwatrakul Pisutthi, the principle of proportionality according to German law and

French side, Constitutional Court Journal, page 41.

6
Machine Translated by Google

Therefore, (1) it is necessary to do this because of the physical health problems of the pregnant woman, or (2) it is necessary to do it.

Due to mental health problems, through approval or approval from a medical practitioner.

At least one person who is not a doctor who performs the pregnancy procedure.

However, in the case where it appears that the woman is pregnant There is a situation of stress.

Severe because the fetus is at high risk of being born with severe disabilities or genetic causes.

Cause or be at risk of having a disease related to Severe genetics When having a diagnosis, consult with

medical genetics and there is certification of the above abnormalities according to regulations.

The Medical Council has considered that a pregnant woman has a mental health problem according to (2) as a necessary reason for medical treatment of the pregnancy.

(2) A woman who is pregnant as a result of committing a criminal offense under Section 276,

Section 277, Section 282, Section 283 or Section 284.

In the case of termination of pregnancy due to an act To commit a criminal offense, there must be

What evidence or facts should you believe? A woman who is pregnant as a result of committing an offense according to

Section 276, Section 277, Section 282, Section 283 or Section 284

4.2 According to the Criminal Code (No. 28) B.E. 2021 and the Medical Council regulations that

With the criteria for medical termination of pregnancy by medical professionals according to

Section 305 of the Criminal Code B.E. 2021

Termination of a woman's pregnancy According to the newly revised criminal law, the principle

Proportionality in actions Criminal offenses and strict freedoms Basics of the body's life
ÿ

pregnant women by valuing the lives of pregnant women existing before the fetus in order to

Legality in doing The letter also includes termination of pregnancy and is considered an exception.

Criminal liability according to Section 305

The offense of causing a miscarriage according to Section 301: “Any woman who causes an abortion or allows herself to

Have another person give it to you to give birth to your child while he or she is still alive. If you are pregnant for twelve weeks you will be punished...” Facts about age

A woman's pregnancy of more than twelve weeks is therefore a material element of a criminal offence. Because if a woman is not more

than twelve weeks pregnant, whether the termination of her pregnancy is due to

In the case of a woman having an abortion herself or allowing another person to have an abortion If you cause yourself to have a miscarriage, it is not an offense according to this section.

In addition, even the actions The elements of Section 301 and Section 302 will be complete. If it is

Actions of a doctor who practices medicine According to the criteria of the Medical Council, the borrower does not

There is an offense which falls under the exception of Section 305.

7
Machine Translated by Google

(1) It is necessary to do this because if a woman continues to become pregnant, she will be at risk

of harm to her physical or mental health. The risk of receiving

Danger may be a risk to the body or mind of the woman. You can get pregnant without needing to.

How many weeks is a woman's pregnancy? According to the Medical Council Regulations, Article 4 (1), pregnancy

Action according to Section 305 (1) in cases where it must be done due to (a)

physical health problems of the pregnant woman or (b)

mental health problems of the pregnant woman. The pregnancy must be certified or approved.

From a medical practitioner who is not a medical doctor, the termination of at least one pregnancy with This is to

evaluate the Mental health of pregnant women (2) It is required

because of great risk or medical reasons.

Anak should believe it. If the baby is born it will have abnormalities to the point of serious disability.

Reasons for terminating a pregnancy in this case include physical appearance, severe disability,

and sexual impairment. This is to prevent serious problems in the womb of a woman. This is to prevent problems that

may occur later if the baby is born and survives. Before terminating the pregnancy, It must be certified or approved by a

medical professional other than a doctor. Termination of pregnancy should not At least one person is confused as to

why. belongs to Yatu (3) The woman confirms to the medical practitioner that She became

pregnant because of an action Gender related disorders

The pregnant woman must You must confirm the cause of pregnancy in writing to your medical

practitioner. It may provide facts to support confirmation regarding the action.

Dong said

sexual offenses according to the criminal code Appears from Section 267 - Section 287. According

to Section 1 (18), the act of sexual assault means an act to satisfy the desire of the doer by using the sexual organ of

the person to commit sexual acts, to penetrate, or to encourage. sexual contact, anus, or oral sex of another person for

behavior that may cause The cause of the woman being raped to become pregnant must be due to the use of the penis

of the man who performed the act of penetration. into the genitals of the woman

who had been raped. For the offense of rape, section 276, the law aims to punish rape, regardless

of the gender that commits it. A person commits a sexual offense by raping another person, which may be caused by

coercion, using force, or assault. Do not cause other people to fall into A state of being unable to resist or act. Let that

understand that my heart is in my other person be another person. Therefore, the offense under this section must result from forcible rape.
I heart. I am doing it.

8
Machine Translated by Google

By any means, such as intimidating the victim into fear. Unable to fight and resist as ordered. Supreme Court judgment no. 7721/2006 is sexual

intercourse without consent. Therefore, if the woman voluntarily Consent to have sex with A man is not rape. Therefore, it is not an offense under

this section. Even if a woman later becomes pregnant, she cannot use such circumstances to terminate the pregnancy according to Section 305

(3), except in the case of At the edge of the quail To a woman not more than fifteen years of age who is not the wife or husband of Bida Ratha,

whether such woman is

Will you consent or not according to Section 277?

Therefore, the age of the victim must be considered. What is the age limit? According to the Supreme Court's judgment

no. 7841/2009, Section 16 of the Civil and Commercial Code stipulates that the calculation of a person's age shall begin from the date of birth.

When was the victim born? Date: March 5, 1989. Therefore, the age from March 5, 1989 must be counted as one full day. Therefore, the victim

was 15 years of age on March 4, 2004, according to the Civil and Commercial Code, Section 193/5. The case is that the incident occurred on

March 5, 2004 at approximately 2 a.m. Therefore, when the victim was over 15 years of age at the time of the incident, the defendant's actions

lacked elements of reasonableness. Violates Section 227 of the Criminal Code, so there is no offense under Section 277. And when the victim

consented to the rape, the case was not rape and rape. Therefore, the defendant is not guilty under Section 276. Like this

(4) A woman who has eyesight Not more than twelve weeks pregnant, notice to terminate the pregnancy.

Doctors who practice medicine can perform can be operated according to standards Practice the medical profession. In

addition, they can give advice and be forwarded to medical facilities without delay according to the Medical Council Regulations, Section 4.

However, if it is found that The woman who expected Pregnancy age over twelve Weeks had initially reported her wish to terminate the pregnancy

to the Alternative Counseling Service, but examination results showed that the woman was no more than twelve weeks pregnant. If the woman

insisted on terminating the pregnancy, Pregnancy procedures according to the regulations in the announcement of the Ministry of Public Health.

Doctors can proceed so that the woman receives (5) Women whose pregnancy is more than twelve weeks but not more than twenty weeks, if they

According to the regulations of the Medical Council

insist on Terminate the

pregnancy after receiving the examination and receiving advice. Provide alternative counseling according to the criteria and

methods that have been established in order to comply with measures to prevent and solve problems of pregnancy in young people. According to

the said law, it is the right of the young person to be cut. How can you decide? Persons involved in pregnancy have the right to access Receive

information about health and reproductive services, prevention, treatment, rehabilitation, care and assistance for students

who are pregnant. maintain confidentiality and Privacy Receive appropriate and equal welfare from the state. Not being discriminated against when

women Young people want to do it. Pregnant women can report their wishes to the alternative service unit by themselves.

9
Machine Translated by Google

or in writing, by telephone, or electronic media. 11 To proceed according to the guidelines

Set according to the regulations of the Medical Council

RESULTS AND FINDINGS

Termination of pregnancy in teenage girls It is not considered a criminal offense under current law. If it appears that

the pregnancy was caused by Sexual offenses according to Section 305 (3) where teenage girls can request to terminate their

pregnancy immediately without needing to It must appear that there has been Criminal proceedings against the borrower who

have committed the offense must be completed first. Request to terminate pregnancy without having to take into account the fact

of gestational age. Women can also request to terminate pregnancy. in writing, confirming to the medical practitioner that she is

pregnant as a result of committing a sexual offense According to the Criminal Law, Section 276 - Section 287, when considering

the provisions in Section 277, which is an act It is an offense to sexually assault a child under 15 years of age in order to satisfy

his sexual desire by using the sexual organ of the offender, or by violating or sexually assaulting a woman. A teenage girl under

the age of 15 who is sexually assaulted by another man who is not her husband, regardless of the woman's consent or not, can

request to terminate the pregnancy. In the case of a teenage girl who is over 15 years of age, it must be an offense of rape and

rape by being threatened in any way by means of violence. By that woman If the woman is unable to resist or the woman is

mistaken for someone else, a young woman can request to terminate the pregnancy, but only if there is sexual intercourse. A

contract with consent between women who are over 15 years of age. It is not an offense under both Section 276 and Section

277. Therefore, a request for termination of pregnancy cannot be made on the grounds of Section 305 (3), but only if the gestation

period of the young woman is not more than 12 weeks. Young people can choose to terminate pregnancy at will according to
ÿ

Section 304 (4), regardless of the reason the pregnancy occurred. This is a Sexual offenses according to Section

fundamental right in the body. body without any criminal wrongdoing which is different from the old law

In addition, if it appears that if the pregnancy of a teenage girl with a gestational age of more than twelve weeks but

not more than forty weeks, a woman can report a crime Pregnancy If you have documents showing that you have been examined

and received Already consulted about alternatives according to the regulations of the Medical Council that With the rules and

regulations regarding termination of pregnancy The patient's medical needs Medical profession which is a guideline for prevention and

11 Announcement of the Ministry of Public Health regarding inspection and receipt of information Consultation about options for transportation Pregnancy according to Section

305 (5) of the Criminal Code 2021, (2021, 26 Kanayayan) Royal Gazette. Volume 139.

10
Machine Translated by Google

Solving the problem of teenage pregnancy which is different from the practice Pregnancy Under the old law, it

could be carried out only in cases of necessity. It's a batter. Because young women who are pregnant have

physical health problems or mental health problems with certification or approval from a medical professional.

Karma and pregnancy of young women resulting from actions Criminal offenses, Section 276, Section 277,

Section 282, Section 283 or Section 284 only, without taking into account the rights and liberties. Basics in the

meat The woman's physical condition and the fact of her gestational age are grounds for surgery. Decided to

terminate the pregnancy To protect teenage girls like the current law

CONCLUSION

Teenagers are considered to be a certain social group. State agencies are required to have the duty

to create awareness and provide information about sexual behavior changes. reproductive health Methods for

preventing unwanted pregnancy including giving the right to express one's intentions Intention to choose

Continuing the pregnancy or terminating the pregnancy in a condition where the age of the pregnant woman is

not more than twenty weeks or because the pregnancy is due to an act. sexual offense or for other reasons,

without any criminal offense, it is considered a measure to help youths have the opportunity to return to life in

The way of learning can be normal without affecting learning. In addition to not forcing young women to bear

the burden of pregnancy and becoming young mothers, they are not yet sufficiently prepared to support them.

The child has been raised according to the law. Can also reduce the rate However, in the process of doing so,

it should be specified that the parents adopter Parents or those who look after Trusted minors are involved in

all pre- and post-pregnancy procedures for adolescents to provide care, advice, correction and prevention.

There are other problems that may follow. There should be measures to prevent repeated pregnancies. in the

youth group, for those who have previously requested to terminate Pregnancy is determined as a compulsory

measure to receive birth control or take other steps as necessary, except for pregnancy because of an act.

sexual offenses In addition, surveillance measures with follow-up should be instituted after terminating a

pregnancy to reduce the rate of unplanned pregnancy again in the same case.

ACKNOLEDGMENT

11
Machine Translated by Google

The author would like to express sincere thanks to Suan Sunandha Rajabhat University

for kindness and support to this paper.

REFERENCE

Kamolnat Praphanwattana, Induced abortion, https://w1.med.cmu.ac.th/obgyn/lecturestopics/

topic-review/1768/. Retrieved on March 2, 2024.

Kanaphon Chanthom, Explanation of Criminal Law, Crime Section, Volume 2. 8th printing. Bangkok: Print

By Winyuchon Publishing. 2022.

Banjerd Singhaneeti and Somsakatdinwatrakulphisutthi, Proportionality principle according to the law of

Germany and the French side. Constitutional Court Journal.

Rajawatiyalaya Obstetrician-Gynecologist of Thailand, knowledge documents For pregnant women/abortion services.

You https://

www.rtcog.or.th/files/1691461971_48d72151315feefb07db.pdf . Retrieved on 2 March 2024.

Bureau of Reproductive Health, Report on Surveillance of Pregnancy and Young Men 2021. Bangkok: Published.

By the Bureau of Reproductive Health, Department of Health, Ministry of Public Health. 2021.

________, Thailand Abortion Surveillance Report 2020, Bangkok: Published by the Ministry of Public Health.

Reproductive Health, Department of Health, Ministry of Public Health. 2020.

Constitution of the Kingdom of Thailand 2017

Royal Act amending the Criminal Code (No. 28) B.E. 2021. Requests the Medical Council that With the

rules regarding treatment Pregnancy medical conditions of entrepreneurs

Medical profession according to section 305 of the Criminal Code 2021.

Announcement of the Ministry of Public Health on Checking and receiving Consultation about options for transportation pregnancy

According to Section 305 (5) of the Criminal Code B.E. 2021.

12