Issue 2. Guarantee of adolescents’ right to abortion and their access to safe
abortion – in relation to para. 1 (b) of the List of Issues
4.
The NHRCK submitted its opinion that punishing a woman for her abortion under the
Criminal Act infringes upon her right to self-determination, right to health and right to
reproduction, to the Constitutional Court of Korea in March 2019. At that time, the Criminal
Act completely banned abortions, without giving any exception to this ban, and the Mother and
Child Health Act provides for only very limited reasons for which an abortion is allowed,
which forces the women who chose an abortion to take the risk of an illegal abortion operation
and places adolescents at even higher risk. Later, in April 2019, the Constitutional Court ruled
as unconstitutional the provision of the Criminal Act which is to punish, in criminal terms,
women who abort their pregnancy and medical doctors, etc. who abort a woman's pregnancy
upon her request or with her permission, reasoning that the provision completely and uniformly
bans all cases of abortions and forces pregnant women to maintain their pregnancy and give
birth, which infringes on pregnant women’s right to self-determination, and ruled that the
provision should be revised by December 31, 2020.
5.
A medical system for safe abortion should be in place, the abortion inducing drugs
should be introduced in a lawful manner and an educational program on abortion surgery for
medical personnel should be established. However, even though the bill to abolish the crime of
abortion has been proposed, there is little progress towards the establishment of a medical
system for safe abortion and the women who choose to abort are still forced to go through an
illegal operation or buy, by way of social network service (SNS), abortion inducing drugs
whose source or effect is not clear. According to the Government, the uncovered cases of
illegal sale of abortion inducing drugs numbered 1,434 in the period of January ~ June 2019.
6.
It should be ensured that adolescents have a full understanding about what
changes their maintenance of pregnancy will bring to their life and what effect their
abortion may have on their health. The Government should increase adolescents' access
to information on pregnancy, childbirth and childcare so that they can make an
informed decision to discontinue or maintain their pregnancy. The Government should
try to ensure that adolescents are able to choose to abort or maintain their pregnancy,
based on such understanding. Furthermore, the Government should formulate and
implement policy actions to ensure access to safe abortion, including the establishment of
a medical system for safe abortion, for the adolescents who choose to abort.
2