人工流產之合法要件與期間: 以生育自主權為中心

Translated title of the contribution: The Legal Elements and Time Limit of Abortion: From the Perspective of Reproductive Rights

Chih-Hsiung Chen, 陳 萱, 廖 瑋婷

Research output: Contribution to journalArticlepeer-review

Abstract

Abortion has been a longstanding practice, and the vicissitudes of its history is embodied in the evolution of worldwide abortion regulations, which involves a plethora of issues from various fields and subjects. Regardless of whether it is decriminalized, there is an irrefutable trend of liberalism towards abortion regulations worldwide. As to the current regulations in Taiwan, women are not only prohibited from terminating pregnancy in early stage without cause, but also rarely allowed to undergo late-term abortion. In addition, due to the declining birth rate, the draft amendment of Genetic Health Law stipulates many procedural requirements, further impinging women's reproductive rights. To begin, this article analyzes current abortion regulations in Taiwan, including the Criminal Code, Genetic Health Law and its draft amendment. The empirical studies of judgment are later analyzed, which consist of the first criminal cases and the simple proceedings during the past 10 years, and both civil and criminal cases related to Genetic Health Law. The studies focus on the rationale of the legal interest of offense of abortion along with the provisions involved, and employ three cases to remonstrate the deficiency of current regulations. Furthermore, this article attempts to articulate the controversy over abortion in the antagonism between advocates of pro-life and proponents of pro-choice via the study of comparative law; it would introduce the Supreme Court cases in both Germany and the United States as evidence to demonstrate the seesaw battle between the right to abortion and other rights, followed by the debate of legal status of fetus in Taiwan. Moreover, this article endeavors to articulate the substance and principle behind reproductive rights in order to empower women as the subject of this fundamental right and thus reviews current regulations. This article also puts an emphasis on the regulatory models in terminating pregnancy from the perspective of specific maternal and/or fetal circumstances. It deals with the legislative intent, the trimester of pregnancy, and the interaction between them, so as to analyze the procedural prerequisites in the beginning, during, and the termination of abortion. Lastly, based on current regulation and the draft amendment from the Executive Yuan, this article makes an effort to propose a regulation, in compliance with legality and legitimacy, with the progression of pregnancy.
Translated title of the contributionThe Legal Elements and Time Limit of Abortion: From the Perspective of Reproductive Rights
Original languageChinese (Traditional)
Pages (from-to)83-122
Number of pages40
Journal醫事法學
Volume24
Issue number1/2
StatePublished - Dec 2019

Keywords

  • Genetic Health Law
  • Reproductive Right
  • Abortion

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