Abortion in Vietnam

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Abortion in Vietnam is legal until 22 weeks of pregnancy [1] and provided free of charge by the state through Article 44 of the 1989 Public Health Protection Law. [2] Vietnam also has one of the highest rates of abortion that has been surveyed in the world [3] [4] and its abortion laws are among the most liberal in Southeast Asia and the world. [5]

Contents

Legality of abortion in Vietnam

Abortion has been available on request from at least 1971 and was made available in the entire country since the 1975 unification. [6] There are a number of laws that codify abortion rights in various ways. Due to its emphasis on family planning, abortion in Vietnam has been legalised without any restrictions on the reason for seeking the abortion. [7] Family planning was made a national priority upon the unification of Vietnam, leading to the incentivization of contraception and abortion acceptance. [6]

The Constitution of Vietnam ensures that men and women enjoy equal rights in all circumstances such as reproductive health: "The State, society, families and citizens have the responsibility to provide health care and protection to mother and children; and carry out the population and family planning program." [8]

The Vietnamese National Assembly adopted the Law on Marriage and Family in 1960, which is based on four major principles – freedom of marriage; monogamy; gender equality; and the protection of women's and children's rights. The Law on the Protection of Public Health was passed on 30 June 1989, affirming people's right to make reproductive decisions over their body and choose their own contraceptive methods. [6] It states that: "Women have the rights to have abortion; to receive gynecological diagnosis and treatment, and health check-up during pregnancy; and medical service when giving birth at health facilities." [3]

By 1989, the Law on Protection of People's Health was approved, affirming the people's right to choose contraceptive methods.

In Article 6 of Decision No. 162 of the Council of Ministers in January 1989 obligated that the State was to provide, for free, birth control devices and public-health services for abortions to eligible persons: "The state will supply, free of charge, birth control devices, such as intrauterine loops and condoms, birth control pills and public health services for the insertion of intrauterine loops and abortions to eligible persons who are cadres, manual workers, civil servants or members of the armed forces, persons to whom priority is given under policy and poor persons who register to practice family planning." [9] [6] Also, Decree No. 12/CP on the promulgation of Social Insurance Regulations authorizes sick leave for abortions.

Significantly, the Criminal Code of Vietnam does not contain any provisions that criminalise abortion practices, pointing to its unrestricted legality in the country. [6] sex-selective abortion, a result of the country's son preference, is illegal but remained rampant and largely unpunished. [5]

Family planning in Vietnam is helmed by the Ministry of Health (MOH) and National Committee for Population (NCPFP). Family planning and abortion services are provided through a network of MOH-approved healthcare centres, including central and provincial hospitals, provincial family planning centres, district hospitals and health centres, intercommunal polyclinics, and commune health centres. [3] MOH-approved physicians, assistant physicians and trained midwives are legally allowed to perform abortions.

As defined in the current National Abortion Standards and Guidelines (NASGs), abortion services are made accessible at three administrative levels of the health system: (1) abortion from 6 to 18 weeks from the last menstrual period (LMP) is available at central and provincial hospitals; (2) abortion from 6 to 12 weeks of LMP is also available at district health stations; and (3) communal health clinics may only offer abortion to women who are not more than six weeks pregnant. [3]

Abortion rates

Vietnam has one of the highest abortion rates in the world. A study conducted by the Hanoi Central Obstetrics Hospital [vi] found that 40% of all pregnancies in Vietnam are terminated each year. [4]

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<span class="mw-page-title-main">Family planning</span> Planning when to have children

Family planning is the consideration of the number of children a person wishes to have, including the choice to have no children, and the age at which they wish to have them. Things that may play a role on family planning decisions include marital situation, career or work considerations, financial situations. If sexually active, family planning may involve the use of contraception and other techniques to control the timing of reproduction.

<span class="mw-page-title-main">Sexual and reproductive health</span> State of the reproductive system without evidence of disease, disorders, or deficiencies

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<span class="mw-page-title-main">Beginning of pregnancy controversy</span> Cultural-linguistic, not scientific question

Controversy over the beginning of pregnancy occurs in different contexts, particularly as it is discussed within the debate of abortion in the United States. Because an abortion is defined as ending an established pregnancy, rather than as destroying a fertilized egg, depending on when pregnancy is considered to begin, some methods of birth control as well as some methods of infertility treatment might be classified as causing abortions.

Since 2021, abortion has no longer been a federal crime in Mexico. However, the criminal law in Mexico varies by state. On 7 September 2021, the Mexican Supreme Court unanimously ruled that penalising abortion is unconstitutional, setting a precedent across the whole country. Before 2019, abortion had been severely restricted outside of Mexico City, where it was legalized on-request in 2007. As of August 2023, abortion is available on request to any woman during the first twelve weeks of a pregnancy in Mexico City and the states of Oaxaca, Hidalgo, Veracruz, Coahuila, Colima, Baja California, Sinaloa, Guerrero, Baja California Sur, Quintana Roo, Jalisco, and Aguascalientes. However, even in states where abortion is legal, there continue to be women in pre-trial detention for murder due to spontaneous miscarriage.

This is a timeline of reproductive rights legislation, a chronological list of laws and legal decisions affecting human reproductive rights. Reproductive rights are a sub-set of human rights pertaining to issues of reproduction and reproductive health. These rights may include some or all of the following: the right to legal or safe abortion, the right to birth control, the right to access quality reproductive healthcare, and the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence. Reproductive rights may also include the right to receive education about contraception and sexually transmitted infections, and freedom from coerced sterilization, abortion, and contraception, and protection from practices such as female genital mutilation (FGM).

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<span class="mw-page-title-main">Birth control</span> Method of preventing human pregnancy

Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unintended pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth control only became available in the 20th century. Planning, making available, and using human birth control is called family planning. Some cultures limit or discourage access to birth control because they consider it to be morally, religiously, or politically undesirable.

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In Trinidad and Tobago, abortion is illegal save for few exceptions. The respective laws are in place since 1925.

A two-child policy is a government-imposed limit of two children allowed per family or the payment of government subsidies only to the first two children.

<span class="mw-page-title-main">Birth control in the United States</span> History of birth control in the United States

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Reproductive coercion is a collection of behaviors that interfere with decision-making related to reproductive health. These behaviors are meant to maintain power and control related to reproductive health by a current, former, or hopeful intimate or romantic partner, but they can also be perpetrated by parents or in-laws. Coercive behaviors infringe on individuals' reproductive rights and reduce their reproductive autonomy.

Women's reproductive health in the United States refers to the set of physical, mental, and social issues related to the health of women in the United States. It includes the rights of women in the United States to adequate sexual health, available contraception methods, and treatment for sexually transmitted diseases. The prevalence of women's health issues in American culture is inspired by second-wave feminism in the United States. As a result of this movement, women of the United States began to question the largely male-dominated health care system and demanded a right to information on issues regarding their physiology and anatomy. The U.S. government has made significant strides to propose solutions, like creating the Women's Health Initiative through the Office of Research on Women's Health in 1991. However, many issues still exist related to the accessibility of reproductive healthcare as well as the stigma and controversy attached to sexual health, contraception, and sexually transmitted diseases.

Abortion in Kazakhstan is legal as an elective procedure up to 12 weeks, and special circumstances afterwards. The relevant legislation is based on the laws inherited from the country's Soviet past, when abortion was legally permitted as a contraceptive.

Abortion in Azerbaijan is legal on request up to 12 weeks of pregnancy, and in specific circumstances between 12 and 28 weeks. The current abortion law of Azerbaijan is based on the abortion law of the Soviet Union of 1955 when Azerbaijan was a Republic of the Soviet Union, and no changes were made after Azerbaijan became independent in 1991. Between 1965 and 1987 the abortion rate used to be very high. Since independence, the abortion rate has almost halved and relatively stabilized after 2000. In the 2014, 13.8% of pregnancies in Azerbaijan ended in abortion, a slight rise from the all-time low recorded in 2005 (12.1%).

Abortion is a controversial topic in Nigeria. Abortion in Nigeria is governed by the two laws that differs greatly depending on geographical location. Northern Nigeria is governed by The Penal Code and Southern Nigeria is governed by The Criminal Code. The only legal way to have an abortion in Nigeria is if having the child is going to put the mother's life in danger. However, sex-selective abortion has long had acceptance in Nigeria.

There are many types of contraceptive methods available in France. All contraceptives are obtained by medical prescription after a visit to a family planning specialist, a gynecologist or a midwife. An exception to this is emergency contraception, which does not require a prescription and can be obtained directly in a pharmacy.

Communist and Marxist ideologies generally allow state-provided abortion, although there is no consensus among Communist parties and governments about how far into the pregnancy abortion should be allowed.

Abortion in Singapore is legal and widely accessible. It was formally legalised in 1974, being one of the first countries in Asia to do so. It is available on request for Singaporean citizens, permanent residents, individuals with an issued student or work pass, individuals who have been a resident of Singapore for a minimum of four months as well as anyone married to a Singaporean citizen or a permanent resident. Foreigners may also obtain an abortion in Singapore if their lives are endangered.

Abortion in North Korea is legal at all stages of pregnancy. During the 1970s, abortion seems to have been generally tolerated and modern contraceptives were widely available. Abortion was made legal in 1983 and banned again in 1993. A law passed in 2015 banned birth control devices and imposed fines and imprisonment for people who provide abortions. A lack of contraceptives and abortion services in hospitals has led to a rise in unsafe abortions.

References

  1. ↑ Lee, Michelle Ye Hee (2021-12-07). "Analysis | Is the United States one of seven countries that 'allow elective abortions after 20 weeks of pregnancy?'". Washington Post. ISSN   0190-8286 . Retrieved 2024-01-13.
  2. ↑ "Vietnam's Abortion Provisions". Center for Reproductive Rights. Retrieved 2022-07-18.
  3. 1 2 3 4 Do, Thi Hong Nga. "More to Demand: Abortion in Vietnam". Isis International Women's House. Retrieved 2018-09-28.
  4. 1 2 Fllek-Gibson, Dana (2014-08-28). "Vietnam tackles high abortion rates". Al Jazeera . Retrieved 2018-09-28.
  5. 1 2 Nguyen, Le Dong Hai (2022-07-13). "What the Roe Reversal Means for Abortion Rights in Vietnam". The Diplomat . Retrieved 2022-07-18.
  6. 1 2 3 4 5 "Abortion Policy in Vietnam". United Nations (Word Document). Retrieved 28 September 2018.
  7. ↑ "Abortion in Asia". Guttmacher Institute. 2016-05-10. Retrieved 2018-09-28.
  8. ↑ Worrell, Marc. "Abortion law Vietnam". Women on Waves. Retrieved 2018-09-28.
  9. ↑ Ministers], [Council of (1989). "Vietnam's New Fertility Policy". Population and Development Review. 15 (1): 169–172. doi:10.2307/1973424. JSTOR   1973424.{{cite journal}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link)
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