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| ▲ On the afternoon of April 11, 2019, an abortion pros and cons are held in front of the Constitutional Court in Jongno-gu, Seoul. | |
| Ⓒ Lee Hee-hoon |
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At 00:00 on January 1, 2021, a bold change began. With the beginning of the new year, two criminal laws disappeared into the back of history. Article 269 of the Criminal Act punishing a woman who stopped pregnancy and Article 270 of the Criminal Act punishing doctors for medical treatment with abortion. Now, regardless of the number of weeks of pregnancy, women are no longer concerned about criminal penalties for abortion.
The fact that the suspension of pregnancy, which has been illegally regulated, has been legalized means that further changes in the medical system or related laws must follow. On the 1st, CEO Na Young of the Center Share for Sexual Rights and Reproduction Justice (share below) <오마이뉴스>“With the abolition of abortions abolished, the door to enacting women’s rights has been opened,” said in a call with and said, “Now, we have devised and revised related policies in a way that guarantees the best access to those with the most vulnerable conditions related to abortion. I should do it,” he said.
Representative Na-young pointed out the lack of action that the government and the National Assembly had shown in the call on the day. Although it has been about a year and a half since the conviction for abortion inconsistency, the legislature and administration have not been able to continue in-depth discussions on the crime of abortion. In addition, he pointed out that even discussions after the law was abolished were insufficient. In addition, Na-young emphasized the importance of future tasks. Below are the questions and answers I shared with him.
“Now the punishment itself has disappeared is the outcome of the struggle”
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| ▲ On the afternoon of April 11, 2019, an abortion pros and cons are held in front of the Constitutional Court in Jongno-gu, Seoul. | |
| Ⓒ Lee Hee-hoon |
View related photos |
-As of today (1st), the abortion crime was abolished. What is the significance of repealing the bill?
“There is an interpretation that the abolition decision was simply abolished by the congressional debate. This is not the case. This result is that the abolition of abortion is not just a confrontation between the right to life of the fetus versus the right to decide women, but social inequality and the state. This was possible because the Constitutional Court persuaded the recognition that it was a historical issue of controlling sexual and reproductive rights according to the purpose of the population of Korea, and on April 11, 2019, a constitutional nonconformity ruling was drawn.
It is also the result of actively blocking the government’s proposal, which tried to limit the number of weeks of pregnancy while maintaining punishment. The important achievement of the struggle is that the bill was abolished and there was no punishment. It is also of great significance that the abolition crime has opened the door to legislation that guarantees women’s rights.”
-It is pointed out that discussions between the government and the National Assembly have been lacking for about a year and a half since the decision to contradict the constitution of the abortion crime in 2019.
“Yes. From the time the decision was made unconstitutional, we had to do a full review of the relevant laws. We asked for an on-site investigation into the medical reality immediately after the constitutional decision was made, and to introduce a miscarriage induction system (pregnancy stop drug). As I started preparing, I was asked to make a provision for evidence.
Nevertheless, the government and the National Assembly had been putting their hands on this issue for a very long time after noticing the other side. Although the government came up with a proposal in October of last year, it is difficult to see positively as it came out after two months before the abolition of the law. I think the ruling Democratic Party also lacked a lot of active discussion at the party level on the crime of abortion.”
-What was the specific problem?
“There are a lot of things to consider when abolishing abortion crimes and creating new alternatives. The medical system, including the termination of pregnancy, the education and labor laws, and the system taking into account the socio-economic problems of women, etc. have to be reviewed. But the government and the National Assembly have to consider these details. “It has not been dealt with in depth, and has delayed revision of related laws and policy improvements. Above all, the amendment to the law that the government proposed to allow abortions up to 14 weeks of pregnancy is evidence that women haven’t even considered serious problems.”
“To accommodate all women who are socio-economically vulnerable”
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| ▲ On the afternoon of April 11, 2019, an abortion pros and cons are held in front of the Constitutional Court in Jongno-gu, Seoul. | |
| Ⓒ Lee Hee-hoon |
View related photos |
-Now that the abortion crime has been abolished, what laws and systems need to be improved most urgently?
“The application of health insurance to stop pregnancy and the introduction of a miscarriage induction system (pregnancy stop drugs) should be improved first. This is because it is the system most closely aligned with socio-economic conditions. First of all, the cost of abortion treatment, which was vaguely high due to the adjustment of health insurance and medical fees in parallel, should be improved. Until now, due to the fact that termination of pregnancy was illegal, the cost of medical treatment was not regulated. Now that the punishment regulations have disappeared, the Ministry of Health and Welfare has stepped up to set an appropriate overall fee and introduced health insurance to relieve the economic burden of women. You should be able to relieve it.”
-What is the necessity of introducing a miscarriage induction system?
“Abortion drugs are a particularly safe method in the early stages of pregnancy and are usually sought after by people who are restricted by surgical methods. Previously, they were often illegally taking imported drugs with unidentified ingredients through brokers. Now we need to formulate drug imports, get prescriptions in hospitals, and create a medical system that women can safely take.”
-Is there any institutional part that needs to be improved further?
“First, we need to include abortion surgery in the medical school curriculum, and establish a medical delivery system between hospitals related to abortion. In small hospitals, if prescriptions related to abortion and procedures in the early stages of pregnancy can be provided, it is in the late pregnancy stage. Women should be sent to large hospitals so they can be consulted and considered for further assistance.
In addition, it is important for women to obtain correct information through formal abortion counseling. Fortunately, the Ministry of Health and Welfare announced that it would quickly review the establishment of a counseling system, expansion of insurance, and introduction of an inheritance induction system. Related policies should be implemented within January and February.”
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| ▲ Abortion Crimes for All Joint Action Members of the affiliated group said in front of the Blue House on the morning of October 8, 2020, “The government’s abortion crime-related criminal law and maternal and child health law amended legislation preliminary bill maintains punishment for women and restricts the right to health, self-determination, and social rights. They are demonstrating condemnation, saying, “It is a deceptive bill.” | |
| Ⓒ Kwon Woo-seong |
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-Conflicts with some medical circles remain a task. The Korean Society of Obstetrics and Gynecology said that the abortion procedure was performed only in less than 10 weeks of pregnancy, and in fact demanded the right to veto abortion.
“What we are most concerned about is the’right to veto medical care.’ If abortions are delayed after 10 weeks, it usually belongs to women who are socio-economically inadequate for surgery. The more these people, the sooner they have to undergo the procedure. If the medical staff refuses to do so, they lose their right to safe surgery.
Currently, international organizations such as the UN Human Rights Committee are recommending that the veto of medical personnel be removed worldwide. I don’t think it is an irresponsible act as a doctor to stick to the position not to undergo surgery, rather than to devise an improvement plan tailored to the changing society in this situation.”
-The need for revision of the law is also mentioned. Representatively, the’Mother and Child Health Act’ is discussed. What is the problem with the current law?
“This law was created to succeed the family planning policy in the 1970s. It wasn’t a law to protect the health of mothers and children, but a law designed to fit the national demographic policy. So this time in the 21st National Assembly, Kwon In-sook and Democratic Party member (President Proportion) and Rep. Eun-joo Lee (President Proportionate) proposed a revised bill, both of which stipulated not only the rights of women but also the responsibilities and roles of the state and local governments in the bill. Suggested.”
-Recently, Cher has prepared a draft’Basic Act on the Guarantee of the Right to Sex and Reproduction’, which contains more expanded contents. What is the content?
“In the meantime, the abolition of abortion is just the most basic request for Cher, and the right to sex and reproduction is in each area of medical, education, labor, and social welfare, enjoying sexual enjoyment without discrimination, coercion, violence, stigma, contraception, menstruation, sexual health, and gender confirmation. It has emphasized that it is the right to be guaranteed for gender correction, assisted reproductive technology, pregnancy and childbirth and discontinuation, and sex education.
These contents are contained in the basic law. What the state should do to guarantee advanced rights, and what should be guaranteed in terms of health care is collectively mentioned. From this year on, we plan to actively promote the proposal we have made through members of the National Assembly.”