Legal Abortion: A Comparative Study Between Thai Laws and Other Nations in the Context of Immorality and Solving Social Problem

Abstract

This research conducts a comparative examination of Thai law with foreign laws regarding legal abortion, focusing on the concepts of morality and Solving Social Problem. The study has two main objectives: (1) to study and analyze the criteria and conditions for abortion according to criminal law in Thailand and abroad, and (2) to study and analyze the impact of legal abortion according to the newly revised Criminal Code on the ideas of immorality and solving social problems. This qualitative research employs documentary analysis, examining both Thai and English texts, including the Thai Criminal Law, foreign laws, textbooks, law books, articles, journals, research reports, Supreme Court verdicts, internet sources, and other relevant information. The findings indicate significant differences in the criteria and conditions for abortion between Thai and foreign criminal laws, particularly regarding gestational age and the health condition of the mother and fetus. Despite the revised Criminal Code allowing abortion within 12 weeks of pregnancy, it is still considered an immoral offense under Thai law. However, to address social problems, the law permits abortions within 12 weeks of pregnancy and includes additional exceptions for safe and legal abortions, considering both moral and social dimensions.