FRIDAY, March 01, 2024

Charter court annuls criminal law on abortion

Charter court annuls criminal law on abortion

The Constitutional Court has ruled that sections 301 and 305 of Criminal Law, which govern abortion, should be revised to reflect the current circumstances.

The changes must be made within 360 days. 

On Wednesday (February 19), the Office of the Constitutional Court reported the results of the court's ruling on a peition filed by Dr Srisamai Chaeuchat, seeking amendment of abortion laws.

Srisamai said that Section 301 of the Criminal Law, which stipulated as illegal a woman having an abortion, contradicted the provisions of Article 27 and 28 of the Constitution which said that the human has freedom of life and body and equality.

Abortions performed due to necessity as agreed by a doctor and the mother comply with Section 305 of the Penal Code, and the court considers that it can be done and does not violate the Constitution.
Section 301 will be considered invalid with effect from the date the Constitutional Court has issued its ruling.

Articles 27 and 28 of the Constitution state that men and women have equality in law, rights and freedom of life and body which are protected equally by the law.

Discrimination against people regardless of differences in origin, ethnicity, gender, language, physical condition, health, and political opinions which are not contrary to the Constitution are a violation of their rights.

The court cited Section 77 of the Constitution which is a provision that requires the state to enact laws or cancel amendments to laws that are not needed, are inconsistent with the situation, or are a hindrance to life.