Anti-abortion law to be revised by 2020
The Constitutional Court delivered a landmark ruling Thursday on the Anti-abortion Act, first enacted in 1953 to punish women undergoing and doctors performing abortions. Under the Mother and Child Health Law, women who have abortions are imprisoned for up to one year or fined up to 2 million won ($1,850), while doctors who perform the procedure are jailed for up to two years.
The Constitutional Court ruled that it was unconstitutional to bar women from ending a pregnancy regardless of their circumstances, and gave the National Assembly until Dec. 31, 2020, to complete the necessary legal revisions.
The ruling was in response to a complaint filed by a doctor in 2017. He was charged in 2013 for performing abortions requested by multiple patients. The obstetrician claimed that the law infringed on the women's right to free choice.
The Constitutional Court said the 66-year-old anti-abortion act imposed excessive restrictions on women's right to make decisions for themselves. Thursday's ruling overturns a previous Constitutional Court ruling in 2012 which upheld the law, placing priority on protecting a fetus until birth over women's rights.
The ruling invited keen attention from various religious civic groups that were actively staging campaigns against abortion ahead of it. The ruling was seen as a huge victory for abortion rights activists.
The law was first enacted when women in this country did not have much say in their own lives. Given that Korean society has changed considerably in the last 66 years and women's rights have also improved significantly, it is long overdue for Korea to get rid of such intense restrictions on abortion and punishing women for making the decision to terminate a pregnancy.
Since times have changed, more Koreans believe women should have a full say in how to deal with pregnancy according to their own circumstances. The Constitutional Court's ruling reflects the growing public opinion that it is wrong to unilaterally impose a ban on abortion.
In a recent survey, 58.3 percent of respondents said it was right to abolish the anti-abortion law. It should be noted that the ruling reflects the growing public sentiment that women should not be forced to keep an unwanted pregnancy and suffer the consequences.
The ruling is more sensible than the previous ruling in 2012 because it upholds the importance of women's rights, which have been overlooked for too long in the abortion debate in Korea.
While the ruling is expected to bring a positive change to women's rights, there are concerns that the sudden abolishment of the anti-abortion law will bring more division in Korean society. The National Assembly should be mindful of such concerns as it prepares to make the necessary legal revisions.
The Constitutional Court delivered a landmark ruling Thursday on the Anti-abortion Act, first enacted in 1953 to punish women undergoing and doctors performing abortions. Under the Mother and Child Health Law, women who have abortions are imprisoned for up to one year or fined up to 2 million won ($1,850), while doctors who perform the procedure are jailed for up to two years.
The Constitutional Court ruled that it was unconstitutional to bar women from ending a pregnancy regardless of their circumstances, and gave the National Assembly until Dec. 31, 2020, to complete the necessary legal revisions.
The ruling was in response to a complaint filed by a doctor in 2017. He was charged in 2013 for performing abortions requested by multiple patients. The obstetrician claimed that the law infringed on the women's right to free choice.
The Constitutional Court said the 66-year-old anti-abortion act imposed excessive restrictions on women's right to make decisions for themselves. Thursday's ruling overturns a previous Constitutional Court ruling in 2012 which upheld the law, placing priority on protecting a fetus until birth over women's rights.
The ruling invited keen attention from various religious civic groups that were actively staging campaigns against abortion ahead of it. The ruling was seen as a huge victory for abortion rights activists.
The law was first enacted when women in this country did not have much say in their own lives. Given that Korean society has changed considerably in the last 66 years and women's rights have also improved significantly, it is long overdue for Korea to get rid of such intense restrictions on abortion and punishing women for making the decision to terminate a pregnancy.
Since times have changed, more Koreans believe women should have a full say in how to deal with pregnancy according to their own circumstances. The Constitutional Court's ruling reflects the growing public opinion that it is wrong to unilaterally impose a ban on abortion.
In a recent survey, 58.3 percent of respondents said it was right to abolish the anti-abortion law. It should be noted that the ruling reflects the growing public sentiment that women should not be forced to keep an unwanted pregnancy and suffer the consequences.
The ruling is more sensible than the previous ruling in 2012 because it upholds the importance of women's rights, which have been overlooked for too long in the abortion debate in Korea.
While the ruling is expected to bring a positive change to women's rights, there are concerns that the sudden abolishment of the anti-abortion law will bring more division in Korean society. The National Assembly should be mindful of such concerns as it prepares to make the necessary legal revisions.
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