Wednesday, April 22, 2009

Legal and Ethical issues of Abortion

Medical abortion (therapeutic) - termination of pregnancy based on medical indications as listed below:

  • To save the life of the pregnant woman
  • To preserve the woman's physical or mental health
  • To prevent delivery of a fetus detected to have serious defects

Induced abortion - abortion that has been caused by deliberate human action, usually voluntarily due to :

  • Desire to delay or end childbearing
  • concern over the interruption of work or education
  • Issues of financial or relationship stability
  • Lack of access or rejection of contraception resulting in unplanned, unwanted pregnancy

Issues related to induced abortion

For years, induced abortion has initiated many public debates and concern from the:

  • Ethical
  • Moral
  • Philosophical
  • Biological
  • Religious
  • Legal aspects

Public opinions on induced abortion are divided into two main groups:

  • Pro-choice group, who supports abortion as a mean of allowing women to make their own reproductive decisions
  • Pro-life group, who is against abortion and regards it as a cruel form of murdering a fetus which has the right to live

Reminder

Teenagers considering abortion must not proceed without first consulting trusted adults and trained medical personnel.

Abortion is not legalized in Malaysia except for certain medical reasons. Any individual considering abortion must be aware of the legal implications as it is an offence to be involved in induced abortions, not indicated by medical reasons, in the Penal Codes of Malaysian law. (2008 March)

The Penal Code (Amendment) Act 1989 (Act A727), 1989.

In 1989, Malaysia amended its penal code to provide that inducing an abortion is not an offense if the procedure is performed by a registered medical practitioner who has determined that continuation of the pregnancy would risk the life of the woman or damage her mental or physical health. Additional amendments include a legal description of the conditions which constitute the act of rape. Among these conditions is intercourse with or without consent with a woman under the age of 16. Malaysia fails to recognize rape within a marriage unless the woman is protected from her husband by judicial decree or is living separately from her husband according to Muslim custom. Rape is punishable by imprisonment for a term of 5-20 years and by whipping.


http://www.popline.org/docs/1454/078431.html

http://www.myhealth.gov.my/myhealth/eng/remaja_content.jsp?lang=remaja&storymaster=0&storyid=1193356705206&substoryid=1193357445064

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