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Tue, June 6, 2023 | 06:22
Guest Column
Activists call for end to abortion ban
Posted : 2018-07-18 16:29
Updated : 2018-07-19 10:00
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By Miliann Kang and Arum Yoon


 Miliann Kang
Miliann Kang
"We oppose state control of women's bodies!" "Ending a pregnancy is a woman's right!" "Criminalizing abortion is unconstitutional, abolish the abortion ban!"

These chants, signs and banners filled Gwanghwamun, Seoul, July 7 at a rally and march to repeal laws criminalizing abortion in South Korea. The official crowd estimate was 1,500 but organizers estimated over there were 5,000 participants.

A gynecologist from the Center for Health and Social Change shared a statement from more than 1,000 health care workers issued to the Constitutional Court demanding abolition of the abortion ban.

One Catholic Church member announced that the majority of Catholic countries, such as Ireland and Argentina, support legal abortion. Sharing a message of solidarity, a representative from a human rights organization in the Netherlands committed to providing emergency contraception to Korean young women.

A youth rights activist called not just for legalizing abortion but also for comprehensive education regarding contraception, sexuality and reproductive health. During the open mic period, several women, including college and high school students, shared personal testimonies about their own or their friends' struggles, physically, emotionally and financially, to end unplanned or unwanted pregnancies or even to access information.

South Korea is one of the few industrialized countries in the world that lacks legal abortion. The issue has come to a head as the Constitutional Court is reviewing a challenge from a doctor who was prosecuted for performing nearly 70 abortions.

The case provides an opportunity to change the law, and has mobilized groups on both sides of the contentious abortion debate. The Constitutional Court previously dismissed a 2012 case challenging the law, as it failed to reach a two-thirds majority decision of six justices on the nine-member bench.

The main organizer for the rally was Joint Action to Abolish the Abortion Ban for All, an umbrella group organized in 2017. Other participants included the Korea Sexual Violence Relief Center, Korean Women's Association United, Korean Women's Hot Line, the Sexual and Reproductive Rights Forum, Women with Disabilities Empathy, Femidangdang, Femimonsters and Womanlink.

The protesters marched through Insa-dong but police blocked them before they could reach the Constitutional Court building.

The current law, originally passed in 1953, makes abortion punishable by up to a year in prison or a fine of up to 2 million won (about $1,770) for women who pursue the procedure. Punishments for doctors are even harsher with up to two years in prison and possible suspension of the right to practice.

The Mother and Child Health Act, enacted in 1973, allowed abortion for exceptional circumstances. Currently, these include rape, incest, genetic impairment of the fetus and endangerment of the health of the woman, but they must be performed in the first 24 weeks of pregnancy.

One of the most highly criticized aspects of the current law is the requirement that married women must obtain their husband's consent for an abortion.

Despite being illegal, abortion is common in South Korea. According to the Ministry of Health and Welfare, the estimated number of abortions in 2010, the most recent data available, was 169,000, which places Korea in the top 10 among OECD countries. Many researchers and advocates estimate that the actual rate is much higher, as much as 500,000 per year, which surpasses the number of births.

Although women can access abortions illegally, these procedures are costly, risky and highly stigmatized. Stories of ex-partners or in-laws publicly revealing a woman's abortion are not uncommon, revealing how criminalization can be used as a weapon to disgrace and control women.

The government has inconsistently enforced the abortion ban depending on population trends, and for many decades tacitly allowed sex-selective abortions for son preference. When the birthrate was considered too high, abortion was widely accepted as a form of contraception and both married and unmarried women had the procedure.

However, this de facto acceptance significantly changed around 2010 when conservative Christian groups and doctors associations lobbied against it.

Various women's advocacy groups argue that public discourse about the current low birthrate is now being used to crack down on abortion. Although relatively few cases go to court, the threat of prosecution looms heavily on women and providers.

Instead of limiting women's reproductive choices, policies are needed that provide stronger economic and social support for women to raise children as single mothers and protect mothers from workplace discrimination.

Many countries are currently engaged in battles for the right to access safe, legal abortion. In the United States, the announcement of President Trump's recent Supreme Court nominee, Brett Kavanaugh, is widely seen as a threat to overturn the 1973 Roe v. Wade case which legalized abortion.

On May 25 of this year, the Republic of Ireland voted 66.4 percent to 33.6 percent to overturn its ban on abortion. The Taoiseach (prime minister) Leo Varadkar, announced that the referendum demonstrated that "we trust and respect women to make their own decisions and choices" and that "the burden of shame is gone."

The rally showed that many people from across South Korean society are also recognizing the need to change the law. At the end of 2017, more than 235,000 people signed a Blue House petition calling for an end to the abortion ban. President Moon Jae-in's administration has yet to respond, other than to say it would research the issue.

The costs to Korean women and society for the ongoing criminalization of abortion are high, contributing to gender discrimination, harassment and violence. South Korea currently ranks 116 out of 144 with regard to gender equality. The right to safe and legal abortions is a crucial step toward increasing Korean women's health, equality and freedom.


Miliann Kang is associate professor of women, gender, sexuality studies at the University of Massachusetts, Amherst and Fulbright senior scholar at Ewha Womans University. Arum Yoon is a feminist activist and educator and member of the Korean Teachers and Education Workers Union. The views expressed in the above article are the authors and do not reflect the editorial direction of The Korea Times.


 
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