Guidelines for the Development of Law Concerning Termination of Pregnancy or Abortion in Thailand

Abstract

          The objectives of this research are: (1) to review and examine laws, policies, principles, concepts, and theories relating to the termination of pregnancy; (2) to investigate the current situation, problems, limitations, and impacts resulting from the development of laws governing pregnancy termination in Thailand upon Thai women and girls; (3) to conduct a comparative analysis of the criteria and conditions surrounding pregnancy termination between Thai statutory provisions and the relevant laws of foreign jurisdictions—specifically the United States of America, the United Kingdom, the French Republic, the Federal Republic of Germany, and the People's Republic of China—as well as international public law concerning human rights and women's rights; and (4) to formulate recommendations for the legal development of pregnancy termination in Thailand, aiming to establish protection mechanisms for women's rights through laws and regulations that are consistent with international standards.

          The research methodology employs a qualitative research approach, consisting of documentary research and in-depth interviews with key informants, alongside quantitative research utilizing an online questionnaire to survey opinions regarding guidelines for developing laws on pregnancy termination or abortion in Thailand, with a sample size of 162 respondents.

          The findings reveal several legal issues and considerations regarding pregnancy termination or abortion in Thailand. These include: the appropriateness of characterizing pregnancy termination or abortion as a criminal offense; consistency with international human rights standards; the alignment of abortion offenses with current social conditions and necessities; issues regarding law enforcement; and the suitability of grounds for termination based on the condition of the fetus. Consequently, the researcher proposes legal recommendations, specifically the drafting of an amendment to the Criminal Code to repeal the provisions in Title 3 (Offence of Abortion), namely Sections 301, 302, 304, and 305. Furthermore, the researcher proposes the enactment of a specific Draft Act on Termination of Pregnancy B.E. ..., accompanied by policy recommendations and suggestions for the administration of the public health system.