Thailand Moves To Legalize Abortion but Debate Persists Over Fine Print

A draft bill to legalize abortion in Thailand within the first 12 weeks of pregnancy has attracted both praise and criticism for breaking new ground in the fight for women’s reproductive rights while not going far enough to decriminalize the procedure.

The proposal, which has the backing of Thailand’s cabinet and gained traction in December, was the subject of several days of hearings this month. It would legalize abortion for any reason in the first 12 weeks, bringing Thailand closer to its neighbors that have long eased restrictions, including Cambodia and Vietnam.

The changes afoot in Thailand have not attracted the same amount of attention as similar landmark legislation in Argentina in December, perhaps because of that country’s links to the Catholic church, whose influence has also held back abortion law reforms in the Philippines. 

For now getting an abortion in Thailand is still illegal and can result in a three-year prison term. There are exceptions, including for victims of rape or in cases where physical and mental health are at risk.

Thai lawmakers will debate and vote on the changes in early February, and the bill could become effective as early as the middle of that month. But critics and experts say that under the new law, abortion would still be considered a crime if performed past the 12-week period, and while the jail time would be lower than before, the rules are not progressive enough in a country where teen pregnancy rates remain high.

Planned Parenthood Thailand’s Executive Director Somjet Srikanok suggested that an additional month be added to the legal time frame, citing the lack of proper sex education in the country and the possibility that teenagers may not fully grasp that they are pregnant within the first 12 weeks. Argentina’s legislation permits abortion in the first 14 weeks of pregnancy.

Still, Somjet added that it was an important first step and should be considered a “milestone” for Thailand.

“This is the beginning of bigger changes to come in the future,” he told VICE World News.

But several women’s rights groups expressed disappointment in the proposal.

The new bill is “fooling the international community,” said Emilie Palamy Pradichit, the founder of the Manushya Foundation, whose work revolves around empowerment, gender equality and human rights. She said abortion should be fully decriminalized and that the proposal gives an impression of progress while being rooted in old mindsets.

Thararat Panya, a woman’s rights activist who is on a committee that took part in the hearings, said she could accept the new bill but wants jail time removed as a penalty after 12 weeks. 

Others argue that without full decriminalization, women may still take dangerous measures to rid themselves of unwanted pregnancies after the legal 12-week period, putting their lives at risk.

These have included trying to throw themselves downstairs, crashing a motorbike on purpose, or using a hanger to attempt the procedure, according to Kobgarn Trakulvaree, an executive director at the Sahathai Foundation, which works with people who get pregnant and may not be ready to become a mother.

“It would be great if a woman could decide for herself whether or not she would like to carry on with her pregnancy and not be forced into it just because safe abortion is not accessible,” Kobkarn said.