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South Korea Central District Court jailed on Wednesday two doctors for performing an abortion on a woman who was in her 36th week of pregnancy.
For the hospital director and the operating surgeon, the court held that they are both guilty of murder, sentencing them to imprisonment of six and four years respectively. According to the prosecutor, the operating surgeon performed a cesarean section to deliver the newborn and placed the baby in a freezer. The court also found that the hospital director had falsified the medical records of a stillbirth to cover up the event.
In addition, the court held that the 26-year-old mother was guilty of attempted murder but suspended her three-year imprisonment for five years, considering that she faced significant difficulty in managing pregnancy, childbirth, and childcare. The court reiterated that the right to life is a constitutional right of all individuals, including a newborn. Nevertheless, the court considered that there has been a legislative vacuum in abortion that renders access to abortion difficult for pregnant women in South Korea, thereby suspending the imprisonment sentence of the mother.
The Constitutional Court of Korea ruled, in a 7-2 majority, that the crime of abortion is unconstitutional because it infringes a woman’s right to self-determination in April 2019. The ruling effectively decriminalized abortion on January 1, 2021. However, the country’s legislature has not enacted any regulatory framework relating to abortion, leaving it uncovered by national health insurance.
Responding to the ruling, Amnesty International’s Deputy Regional Director Sarah Brooks criticized the inaction of depriving pregnant people of access to healthcare:
Instead of regulating abortion, the National Assembly of South Korea enacted the Special Act on Crisis Pregnancy and Protected Childbirth Support and Child Protection in 2024. The law allows a pregnant woman to apply for protected childbirth, which anonymizes the pregnant woman and transfers a child to the head of municipal governments, who will then act as the guardian of the minor. Human Rights Watch has previously urged South Korea to reconsider the law, arguing that it would increase stigma around unwanted pregnancies. Notably, Article 7 of the UN Convention on the Rights of the Child protects a child’s right to know their parents.
The post South Korea doctors jailed for performing abortion at 36 weeks appeared first on JURIST - News.
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For the hospital director and the operating surgeon, the court held that they are both guilty of murder, sentencing them to imprisonment of six and four years respectively. According to the prosecutor, the operating surgeon performed a cesarean section to deliver the newborn and placed the baby in a freezer. The court also found that the hospital director had falsified the medical records of a stillbirth to cover up the event.
In addition, the court held that the 26-year-old mother was guilty of attempted murder but suspended her three-year imprisonment for five years, considering that she faced significant difficulty in managing pregnancy, childbirth, and childcare. The court reiterated that the right to life is a constitutional right of all individuals, including a newborn. Nevertheless, the court considered that there has been a legislative vacuum in abortion that renders access to abortion difficult for pregnant women in South Korea, thereby suspending the imprisonment sentence of the mother.
The Constitutional Court of Korea ruled, in a 7-2 majority, that the crime of abortion is unconstitutional because it infringes a woman’s right to self-determination in April 2019. The ruling effectively decriminalized abortion on January 1, 2021. However, the country’s legislature has not enacted any regulatory framework relating to abortion, leaving it uncovered by national health insurance.
Responding to the ruling, Amnesty International’s Deputy Regional Director Sarah Brooks criticized the inaction of depriving pregnant people of access to healthcare:
Article 12 of the International Covenant on Economic, Social and Cultural Rights requires all state parties to ensure their citizens’ right to the enjoyment of the highest attainable standard of physical health, which includes the right to access to safe abortion.
Instead of regulating abortion, the National Assembly of South Korea enacted the Special Act on Crisis Pregnancy and Protected Childbirth Support and Child Protection in 2024. The law allows a pregnant woman to apply for protected childbirth, which anonymizes the pregnant woman and transfers a child to the head of municipal governments, who will then act as the guardian of the minor. Human Rights Watch has previously urged South Korea to reconsider the law, arguing that it would increase stigma around unwanted pregnancies. Notably, Article 7 of the UN Convention on the Rights of the Child protects a child’s right to know their parents.
The post South Korea doctors jailed for performing abortion at 36 weeks appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.