PROTECTION OF THE MOTHER CHILD’S RIGHT TO TERMINATION OF PREGNANCY UNDER THE CONCEPT OF THE BEST INTERESTS OF THE CHILD

Abstract

Child's consent to criminal law is an essential condition for terminating a pregnancy, as such consent gives medical personnel authority over the child’s body. If such consent be violated, medical personnel may be liable under criminal law. However, because a child is not yet fully developed intellectually and be immature, in some cases children may be unable to recognize and understand the nature and consequences of their actions, making it impossible to give true consent. Therefore, in determining the minimum age at which a child may be considered to have the capacity to give consent to any legal act, the child's knowledge and understanding of the nature of the act must be considered. The purpose and consequences of the action in the matter are determined on a case-by-case basis.

In Thailand, law recognizes that women may voluntarily terminate a pregnancy of less than twelve weeks. However, this section of the law does not specify specific measures to be used in the case a child mother wishes to terminate a pregnancy. For example, there is no minimum age specified for a child to be considered competent to give consent. There are no special measures for children who lack the capacity to give consent in terms of steps to be taken to enable the child to have the pregnancy terminated, including necessary measures such as seeking advice from an expert specialist.These factors should be considered to promote welfare and appropriate psychological rehabilitation of children in accordance with the principles of the best interests of the child.