Myanmar's Abortion Law: Understanding The Complexities

Abortion is illegal in Myanmar unless the pregnancy is proven to be a risk to the life of the birth parent. The laws governing abortion have not changed since they were first enacted in the 19th century, when Myanmar was under British colonial rule. Anyone who assists with an illegal abortion can face up to three years in prison. The threat of significant jail time has given rise to a network of black-market abortion pills and providers, and some of the resulting underground abortions are dangerous. According to the United Nations Population Fund, complications arising from unsafe abortions are a leading cause of death for pregnant people in Myanmar.

Abortion is illegal unless the pregnancy is a proven risk to the birth parent's life

Abortion is illegal in Myanmar, except when the pregnancy is proven to be a risk to the life of the pregnant person. The laws governing abortion have not changed since they were first enacted in the 19th century when Myanmar was under British colonial rule. The Penal Code states that:

> "Whoever voluntarily causes a woman with child to miscarry shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with a fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to a fine."

Anyone who assists with an illegal abortion can face up to three years in prison. The threat of significant jail time has led to a network of black-market abortion pills and providers in Myanmar. Some of these underground abortions are dangerous, and people who undergo them may not seek post-abortion care due to the threat of strict sentences. According to the United Nations Population Fund – Myanmar, complications from unsafe abortions are a leading cause of death for pregnant people in the country.

Contraceptives are available in Myanmar, but they can be difficult to obtain, especially for poor women and those in rural areas. As a result, an estimated 250,000 Burmese women obtain illegal abortions each year, making it a leading cause of maternal death in the country.

Myanmar's abortion laws have been criticised by the Committee on the Elimination of Discrimination Against Women (CEDAW), which recommended that the country:

> "Amend its legislation to legalize abortion not only in cases in which the life of the pregnant woman is threatened, but also in all cases of rape, incest and severe fetal impairment, and to decriminalize abortion in all other cases."

Anyone who assists an illegal abortion can face up to three years in prison

The punishment for assisting an illegal abortion varies across different countries and states. In the United States, for example, abortion laws vary widely from state to state. While some states prohibit abortion at all stages of pregnancy, others permit it up to a certain point in a woman's pregnancy, and some allow abortion throughout a woman's pregnancy.

In Alabama, for instance, performing an abortion is a Class A felony with up to 99 years in prison, and attempted abortion is a Class C felony punishable by 1 to 10 years in prison. In contrast, in California, abortion is legal up to the point of fetal viability or after that if necessary to preserve the life or health of the pregnant individual.

In some countries, such as Equatorial Guinea and Zambia, those who seek an abortion may face life imprisonment. In other countries, such as the United States, Sierra Leone, Poland, and Morocco, assisting someone in having an abortion is criminalized and can result in varying degrees of punishment.

The criminalization of abortion not only affects those seeking an abortion but also those who assist them. This can include anyone from medical professionals to family members or friends. The specific punishment for assisting an illegal abortion will depend on the laws of the particular country or state.

In some cases, the punishment for assisting an illegal abortion may be less severe than for performing the abortion itself, reflecting the recognition that those who assist are often doing so out of support or compassion rather than for financial gain. However, this is not always the case, and it is important to be aware of the specific laws and potential consequences before providing any assistance.

It is worth noting that the laws and punishments related to abortion are constantly evolving, and it is essential to stay informed about the current legal situation in one's country or state.

Unsafe abortions are a leading cause of maternal death in Myanmar

Abortion has long been illegal in Myanmar, except when a woman's life is at risk. Anyone who assists with an illegal abortion can face up to three years in prison. Despite the law, an estimated 250,000 Burmese women are said to undergo illegal abortions each year, and abortion complications are a leading cause of maternal death in the country.

Myanmar's abortion law is informed by the Buddhist belief that "human life happens only in a blue moon, so we shouldn't waste a life like this". Most people in Myanmar practice Theravada Buddhism, which asserts that life starts at conception.

The reality, however, is that many Burmese women are faced with the difficult choice of whether to continue with an unwanted pregnancy or to attempt a dangerous, illegal abortion. The harsh realities of sexual assault, limited sexual education, and widespread poverty mean that many women feel they have no choice but to seek an abortion.

Unsafe abortion methods include insertion, pummeling, and abdomen massaging, none of which are safe or reliably effective. Women who can afford it may be able to access a safe, albeit illegal, abortion from a trained medical practitioner. However, for those who cannot, the consequences can be deadly.

Myanmar's high maternal mortality rate due to abortion complications is a symptom of the country's crumbling healthcare system and conservative views on women and sexuality. To reduce abortion-related morbidity and mortality, better access to effective contraception, information, and counselling are needed.

The law hasn't changed since the 19th century

The abortion law in the United States has not changed since the 19th century. In fact, abortion was not an issue of significant controversy from the American Revolution to the mid-19th century. Most people held the traditional Protestant Christian belief that personhood began at quickening, which occurs between 18 and 21 weeks. It was legal prior to quickening in every state under the common law.

However, in 1821, Connecticut became the first state to regulate abortion. It outlawed abortion after quickening and forbade the use of poisons to induce abortion post-quickening. Many states followed suit and passed various abortion laws.

In the mid-1800s, about 1 in 5 or 1 in 6 pregnancies ended in abortion. By the 1850s and 1860s, physicians concluded that if society considered it unjustifiable to terminate a pregnancy after quickening, and if quickening was not a crucial step in the gestation process, then it was just as wrong to terminate a pregnancy before quickening as after. This led to a raft of state laws banning abortion in the latter half of the 19th century.

Since then, the abortion law in the US has remained largely unchanged.

Underground abortions can be dangerous and may lead to long-term consequences

Underground abortions can be extremely dangerous and may lead to long-term consequences. An unsafe abortion is defined as a termination of pregnancy by people lacking the necessary skills or in an environment that does not meet minimal medical standards. About 25 million unsafe abortions take place each year, and most of these occur in developing countries. Unsafe abortions can result in serious complications and long-term damage or disease, such as incomplete abortion, infection, sepsis, bleeding, and injury to internal organs.

The World Health Organization (WHO) estimates that at least 22,800 women die annually from complications of unsafe abortions, and between two and seven million women suffer long-term damage. Unsafe abortions are one of the leading causes of death during pregnancy and childbirth, accounting for approximately 5-13% of all deaths during this period. The risk of unsafe abortion is significantly higher in developing countries, where more than half of all abortions are unsafe, compared to nearly all abortions being safe in developed regions.

The methods used for unsafe abortions can be life-threatening and include drinking toxic fluids, inflicting direct injury to the vagina, cervix, or rectum, and using sharp objects to break the amniotic sac inside the womb. These methods can cause serious infections, uterine perforations, and damage to internal organs.

In addition to the immediate health risks, unsafe abortions can also have long-term consequences. Women who undergo unsafe abortions may experience poor wound healing, infertility, and long-term health complications such as urinary and stool incontinence due to injuries to the internal organs. The financial and logistical impact of treating these complications can overwhelm healthcare systems, affecting the quality of care for other patients.

The prevalence of unsafe abortions is strongly associated with restrictive abortion laws. Restrictive laws contribute to the prevalence of unsafe abortions, as they limit access to safe and legal abortion services. However, it is important to note that legalization alone may not be sufficient to eliminate unsafe abortions. Affordability, accessibility, and social stigma also play a significant role in a person's ability to access safe abortion services.

To address the dangers and long-term consequences of underground abortions, it is crucial to adopt a comprehensive approach that includes improving access to safe and legal abortion services, ensuring affordable and competent medical care, addressing social and cultural barriers, and providing accurate information and education about reproductive health and contraceptive methods.

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