termination of pregnancy in malaysia
A medical practitioner registered under the Medical Act 1971 who terminates the pregnancy of a woman if. The new bill also introduced maternity leave for married male workers.
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Malaysia has an abortion law which permits termination of pregnancy to save a womans life and to preserve her physical and mental health Penal Code Section 312 amended in.
. It must be provided by a medical doctor using WHO recommended methods appropriate for the pregnancy duration. This Code as adopted by the Malaysian Medical Council at its 46th Meeting 9th December 1986 stated the following. Nevertheless Tey 2010 using Bongaarts model estimated that the abortion rate to be 16 6 in Malaysia.
If the mother is more than 22 weeks pregnant the doctor should induce labour and. Although terminations are permitted the law is nevertheless limited. If the gestation is unknown it is where the fetus is estimated to be less than 500 gms.
Malayan Banking Berhad for example. In my opinion Section 312 should be read together with the Guideline on Termination of Pregnancy TOP for a clearer interpretation. If the woman is quick with child defined as around the fourth month of pregnancy the accused can be sentenced up to seven years imprisonment and fine.
Patients can be seen at any private or public health institution but the. Section 312 of the Penal Code states that a termination of pregnancy is permitted in circumstances where there is risk to the life of the pregnant woman or threat of injury to her physical or mental health. Abortion is a complex issue as people have different views and reasons to terminate a pregnancy.
A procedure for terminating an unwanted pregnancy either by persons lacking the necessary skills or. Abuse of professional privileges and skills 21 Abuse of Privileges Conferred by Law 215. Previously the EA 1955 only applied to employees who.
An employer is also prohibited from terminating the service of a female employee while she is on maternity leave unless the termination is due to closure of the employers business. Exceptions under Penal Code. In Malaysia while employees in the public sector who are discriminated against on grounds of pregnancy may have recourse by relying on the Federal Constitution there are no laws to protect pregnant employees in the private sector.
Section 312 of the Malaysian Penal Code states that a pregnancy can be terminated only when a registered medical practitioner deems the continuance of the pregnancy to pose a risk to the womans life or cause injury to their physical or mental health. Malaysia has a less restrictive law whereby the law permits abortions to be carried out if the pregnancy poses a risk to the life of the pregnant woman or is injurious to the physical andor the mental. Mifepristone has yet to be registered while Misoprostol is only registered for use as a treatment for gastric ulcers.
If termination of a pregnant employee occurred the employer would have to provide evidence that the termination is not on the ground of her pregnancy or on the ground of illness arising out of her pregnancy. I believe that abortion or termination of pregnancy should only take place if the point of fetus viability has not been reached less than 22 weeks. For the purpose of this moduleit is confined to procedures to remove an embryo or fetus where the pregnancy is less than 22 weeks of gestation.
In addition Section 314 indicates that if the process of termination of pregnancy results in the death of the mother this would constitute a criminal offence Malaysian Penal Code 4. When a womans life is in danger. As of 21 March 2022 onwards married male employees can take up to.
Termination of Pregnancy is addressed in the Malaysian Medical Council Code of Professional Conduct CPC. Those who cause a woman with a child to miscarry without her consent can serve up to 20 years in jail and is also liable to fine. Abortion rates in Malaysia.
An exception clause has been added to Section 312 of the Penal Code. This section DOES NOT extend to. Abortion in Malaysia is illegal.
Abortion is legal in Malaysia in the following situations only. TERMINATION OF PREGNANCY Standard Operating Procedures Pre Requisite. Under the Act any attempt by an employer to remove or reduce such maternity benefits will be rendered void.
Access to abortion in Malaysia has been hampered by religious cultural and social stigmas against abortion poor awareness of abortion legislation among health professionals and the high cost of abortion services in the private health sector. Amendments to the Malaysian Employment Act 1955 EA 1955 will provide further protection and benefits to employees. When a womans physical health is in danger.
In Malaysia under Act 574 of the Penal Code 309B whoever commits the offence of infanticide shall be punished at the discretion of the court. So if you get fired you can lodge a complaint against your employer. The act of abortion does not only involves adults.
When a womans mental health is in danger. Furthermore a woman must consent to an abortion and. As a result illegal and risky unsafe abortions are.
If the gestation is unknown it is where the fetus is estimated to be less than 500 gms. It is regulated under Sections 312316 of the Penal Code. In Malaysia the drug manufacturers need to make the initial move.
While mifepristone and misoprostol is registered in the WHO Model List of Essential Medicines and is recommended to be used for early pregnancy termination this is not the case in Malaysia. Take the case of Aznalisa Yaacob v. Any employer who terminates the service of a female employee during the period in which she is entitled to maternity leave commits an offence.
A earn less. Abortion is not illegal in Malaysia. It is confined to procedures to remove an embryo or fetus where the pregnancy is less than 22 weeks of gestation.
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