The Ministry of Justice today withdrew draft amendments seeking to significantly raise abortion penalties following fierce public backlash.
The proposed amendments to the Criminal Code would have increased fines for illegal abortions for both pregnant women as well as those performing the procedure, while still allowing abortions pursuant to the Genetic Health Act (優生保健法).
After receiving extensive feedback, the ministry said it realized that there is not yet public consensus on this complex issue regarding women’s bodily autonomy, health rights and fetal protection.
Photo: Wang Yi-sung, Taipei Times
Due to the debate around whether to retain, increase or abolish the penalties altogether, the ministry said it decided to withdraw the proposals pending further deliberation.
Currently, Article 288 of the Criminal Code states that a pregnant woman who causes or permits another to cause her abortion shall be sentenced to prison for no more than six months or a fine of up to NT$3,000 (US$94), although the punishment can be remitted if the abortion is done because of sickness or for averting danger to life.
Article 290 states that causing an abortion “for purpose of gain” merits imprisonment from six months to five years, and a fine of up to NT$15,000.
If it results in the death of the woman, the prison sentence increases to three to 10 years, and if it results in aggravated injury, then the sentence ranges from one to seven years.
The proposal increased penalties in Article 288 from NT$3,000 to NT$80,000 and in Article 290 from NT$15,000 to NT$500,000, with the fine increasing to NT$2 million if the abortion results in the woman’s death.
Women’s rights groups say that the decision to have an abortion is a matter of bodily autonomy and the Criminal Code should align with international trends around decriminalization.
Doctors expressed concern that the proposed revisions could create psychological pressure in their practices, and that the gray area between punishment and non-punishment may harm women’s bodily autonomy.
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