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The Criminal Law On Abortion

In a country where moral standards are high, the mere mention of abortion is considered a taboo topic. There are mixed views on abortion, but most of which are against the idea of legalizing the act. If a medical practitioner is found guilty of carrying out abortion, he or she has to face criminal charges. 

Not only does the Philippine law deter women from considering abortion but religious sectors as well. Is it really about time law makers consider the merits of legalizing abortion? 

There are countries that are still not open to the legalization of abortion, and Philippines is one of them. Due to the social stigma, women resort to self-induced abortion, which is considered unsafe and dangerous. 

There are cases when abortion is considered necessary especially if the pregnant woman’s health is at risk. For instance, ectopic pregnancy requires surgery as a means of saving a woman’s life. So long as therapeutic abortion is banned in the country, more and more women continue to subject themselves to dangerous measures. 

For instance, pregnant women who are well aware of the criminal law on abortion refuse to be hospitalized for the fear of getting imprisoned if found that they have undergone unsafe abortion. This is why there is a dramatic increase in the number of women who choose to risk their health and lives.

These women continue to receive moral punches and will be stigmatized for the rest of their lives because of the country’s legal and moral boundaries.

Other countries allow therapeutic abortion when:

• pregnancy is the result of incest or rape;

• the pregnant woman suffers from a medical condition that is life or health threatening such as eclampsia, diabetes, hypertension and cancer. 

• pregnancy is at risk of fetal impairment causing the baby to develop mental or physical defects or die after birth.

Under the Philippine law, abortion has been considered a crime since 1930. Whether abortion is intentional or unintentional, anyone who carries out abortion is said to commit the crime. Even physicians and midwives who perform abortions in the Philippines may be charged of a crime, which can result in six years in prison under the Revised Penal Code. They are still going to be subject for criminal punishments. These are also supplemented by separate laws, prescribing sanctions if medical practitioners including doctors, pharmacists and midwives participated in the process of abortion.

Legalizing abortion in the Philippines is far from happening as there are still various factors that need to be taken into consideration. While the country is still firm in banning abortion, women will continue to endure life-threatening pregnancies and resort to measures that deviate from the medical standards.

Pinoy Attorney

Written by : Pinoy Attorney

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