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A Discussion Method on the Medical Support to Guarantee the “practical” Self-determination Right of Artificial Abortion

  • Journal of Human Rights Studies
  • Abbr : JHRS
  • 2022, 5(2), pp.105-141
  • DOI : 10.22976/JHRS.2022.5.2.105
  • Publisher : Korean Association of Human Rights Studies
  • Research Area : Social Science > Law > Law of Special Parts > Human Rights / International Human Rights Law
  • Received : October 29, 2022
  • Accepted : December 9, 2022
  • Published : December 31, 2022

Son Moongeum 1

1한국학중앙연구원

Accredited

ABSTRACT

The Constitutional Court of Korea has ruled against the existing laws on the crime of abortion in 2019. This article looked at the progress of discussions, focusing on the medical issues of the Constitutional Court's decision and the related legal amendment submitted to the National Assembly. In particular, this article examined the positions of the legislature, the administration, and civil society focusing on the pharmaceutical authorization and the support of medical expenses related to artificial termination of pregnancy. The abortion-related regulations are being held ineffective. Now women and doctors are not punished for abortions. However, there has been no change in women’s experience of artificial abortion in the medical field. The purpose to lose the effect of punishment for abortion was to protect women's health by institutionalizing of medical support. Therefore, this article proposed to separate the concept of abortion crime and artificial termination of pregnancy. Also this article proposed to stipulate the restriction range of artificial termination of pregnancy through a full revision of the Maternal and Child Health Act. Beyond the discussion of “normative rights”, discussions should now be made on what women want and how to support them in the medical field. Medical support for artificial termination of pregnancy is a way to secure women’s “practical” right to self-determination.

Citation status

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