Want abortion, must prove rape?
Many opinions say that the draft Population Law allowing abortion after 12 weeks due to rape or incest is difficult to implement.
The draft Population Law, which is being drafted to replace the Population Ordinance, is being put out for public consultation. The draft Population Law proposes allowing abortion at will if the gestational age is less than 12 weeks, except in cases of abortion to select the sex of the fetus or abortion that causes serious consequences to the woman's health. In addition, women are allowed to have abortions due to incest or rape if the gestational age is 12 weeks or more.
On the afternoon of October 7, speaking with Ho Chi Minh City Law, Mr. Tran Dinh Bach, Director of the Department of Legislation and Inspection, General Department of Population and Family Planning (Ministry of Health), said that the two cases of rape or incest, if not aborted, would cause social and human consequences, so the law allowed these subjects to have abortions.
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| Ultrasound to check the health of the fetus at a hospital. Photo: HTD |
There are different opinions.
Responding to concerns about having to prove incest or rape, this is a sensitive matter, proving it is not easy, even if it is proven that the fetus is too big and cannot be aborted, Mr. Bach said: "If we look at this case, we see it is complicated, but if we look at the overall cases of abortion, including cases of minors and unmarried young people, whether the fetus is under or over 12 weeks old, they can have an abortion. Thus, minors and unmarried young people are eliminated from this case because they can have an abortion. Filtering out the regulations on incest and rape, there are only cases of people who are married. Thus, the subjects are narrowed down."
Mr. Bach also admitted that this is an issue with different opinions. When including it in the draft, the drafting agency also suspected that those involved in these cases did not want to disclose it but wanted to hide it. For example, incest between father and stepchild, father-in-law and daughter-in-law… no one wanted to bring it up.
“In terms of time, the fetus should have been detected at 12 weeks old, but after the agency has verified, the fetus could be 16 or 17 weeks old, or even too big to be aborted. This is the public opinion that is raising the issue of whether this regulation is practical or not, whether it will be implemented or not. But in any case, it must still be included in the draft, because it is part of the overall regulation on the conditions for abortion or not,” said Mr. Bach.
Unclear appraisal agency and conclusion
Mr. Bach also said that which agency will appraise and conclude this matter and how to ensure feasibility still needs to be researched and discussed further before issuing sub-law documents such as decrees.
Responding to the question of whether abortionists can use the excuse of not being married to have an abortion or to choose the sex of the fetus, and how to monitor it, Mr. Bach said: "The responsibility of how to correctly determine and avoid abuse is the responsibility of the abortion facility and the management agency."
In response to the question of determining the sex of the fetus not only after 12 weeks of age, Mr. Bach also admitted that in the past, after 12 weeks of age, the sex of the fetus could be determined by ultrasound, but now, in addition to ultrasound, it can be determined by many other methods such as through the mother's blood cells, through urine tests or other invasive tests such as amniocentesis, placenta... And it is possible to determine the sex under 12 weeks of age.
At the end of the discussion, Mr. Bach emphasized: "The purpose of setting conditions for abortion is not to limit gender determination, but the main goal is to protect the health and future happiness of girls and women." However, Mr. Bach is also worried that pregnant women over 12 weeks old who are prohibited from having abortions may seek out illegal facilities. The consequences can cause infection, infertility, even uterine perforation and life-threatening hemorrhage.
Time consuming The number of abortions in our country has decreased significantly. In 1992, the number was 1.33 million, but in 2014, it was only 0.3 million, a decrease of 77%. This proves that abortion can still be reduced significantly without "tightening the conditions". What factors have reduced the number of abortions in our country? I think it is education and propaganda and timely provision of adequate contraceptives. Therefore, the conditions should be regulated based on respecting women's need for abortion and it is necessary to continue to do better in education and propaganda work and provide adequate contraceptives. The draft law currently divides the conditions for abortion under 12 weeks and over 12 weeks with many purposes, including the purpose of preventing the selection of the fetus's gender. This is explained that the fetus's gender can only be determined after 12 weeks. However, with the advancement of science and technology, this time is being shortened. Therefore, the "rigid" regulation will be outdated. The regulation that only allows abortion after 12 weeks in cases of incest and rape seems reasonable, but to verify and authenticate these sensitive reasons is also time-consuming, troublesome and not easy. Prof. Dr. Nguyen Dinh Cu, Chairman of the Scientific Council (Institute for Population, Family and Children Research) I dare not confirm for fear of trouble. I think the draft proposal that abortions over 12 weeks old must be proven by rape is difficult to implement. Because it is difficult to find someone to testify that the fetus in the pregnant woman's womb was formed by rape. Furthermore, to confirm that the pregnant woman's pregnancy was due to rape, the witness must clearly state who raped her, when and where the rape occurred... If there is no clear evidence, the witness can be sued by the person who alleges rape. Because of the inconvenience, no one has come forward to confirm that the pregnant woman's pregnancy was due to rape. Once it is not proven that the fetus over 12 weeks old is the result of rape, the medical facility cannot perform an abortion. In this case, it is not impossible that the pregnant woman will seek out illegal abortion facilities. Dr. TRAN VAN TRI, Head of the Population Department - Recorded by TRAN NGOC Pushing back the protection of women's rights In my opinion, one of the conditions for abortion after 12 weeks is that the pregnancy is due to rape. Is it required to prove it or is just a statement enough? Either way, this regulation directly affects the health and psychology of women. Abortion cases nowadays are often in difficult economic circumstances, limited awareness. Therefore, if this regulation is tightened mechanically, it will only solve the problem on the surface. The socio-economic consequences will be greater than what this regulation achieves. Current laws have prioritized the protection of women in all areas of life. Now, the regulation that rape is only permissible for abortion is, in my opinion, a setback in the protection of women's rights. MSc. DONG MANH HUNG (Pham Nghiem Law Firm) |
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