38.The Committee is concerned at the high ratio of abortion and suicide among teenage girls and women in the State party. It is particularly concerned:
(a)That, under article 14 of the Maternal Protection Act, read in conjunction with article 212 of the Penal Code, women can only obtain an abortion in situations in which the continuation of pregnancy or delivery may significantly damage their physical health and in situations in which they have been raped in a violent or threatening manner or in which they could neither resist nor refuse and become pregnant;
(b)That women are required to get consent from their spouses in order to obtain an abortion;
(c)That suicide rates among women and girls remain high in the State party.
39. In line with general recommendation No. 24 (1999) on women and health and the Beijing Declaration and Platform for Action, the Committee recommends that the State party:
(a) Amend the Penal Code and Maternal Protection Act to ensure the legalization of abortion not only in cases of threats to the life and/or health of a pregnant woman but also in all cases of rape, irrespective of the use of violence, threat against or resistance by the victim, incest and serious fetal impairment and to decriminalize abortion in all other cases;
(b) Revise the Maternal Protection Act in order to remove the requirement of spousal consent for pregnant women to obtain an abortion; and ensure that where abortion is sought on the ground of serious fetal impairment, the free and informed consent of the pregnant woman is obtained;
(c) Adopt a comprehensive plan with clear targets and indicators aimed at preventing suicide among women and girls.
42.The Committee expresses its concern that, even though abortion is legal under certain circumstances, including under the Mother and Child Health Act in cases of rape and incest, it remains a punishable offence under the Criminal Code. In addition, the Committee is concerned that, in September 2016, the Ministry of Health and Welfare reportedly defined abortion, in violation of the Act, as an unethical medical practice, thereby subjecting health-care professionals to criminal punishment and medical licence suspension. The Committee, however, welcomes the fact that that policy measure was later withdrawn and in that regard takes note of the information provided by the State party indicating that the constitutionality of the criminalization of abortion was being considered by the Constitutional Court.
43. The Committee reiterates its previous recommendation ( CEDAW/C/KOR /CO/7 , para. 35) and, in view of the fact that unsafe abortion is a leading cause of maternal mortality and morbidity, calls upon the State party to legalize abortion in cases of rape, incest, threats to the life and/or health of the pregnant woman, or severe fetal impairment, and to decriminalize it in all other cases, remove punitive measures for women who undergo abortion and provide women with access to high-quality post-abortion care, in particular in cases of complications resulting from unsafe abortions.
10.The Committee recalls its previous observation (A/60/38, part two, para. 382) and regrets that the existing discriminatory provision contained in article 41.2 of the Constitution, which perpetuates traditional stereotypical views of the social roles and responsibilities of women and men in the family and in society at large, has not been amended. The Committee is also concerned that:
(a)The interpretation of article 40.1 of the Constitution is focused on procedural rather than substantive equality; and
(b)Article 40.3.3 of the Constitution (also known as the Eighth Amendment), which protects the right to life of the unborn and therefore unduly restricts access to abortion, has not been amended.
11. The Committee urges the State party to, within a specific time frame:
(a) Amend article 41.2 of the Constitution in order to remove the stereotypical language on the role of women in the home;
(b) Introduce legislative provisions that underline the obligation of the State to pursue actively the achievement of substantive equality between women and men;
(c) Amend article 40.3.3 of the Constitution (also known as the Eighth Amendment), which impedes the introduction of amendments to current legislation governing access to abortion.
42.The Committee welcomes the steps taken by the State party to improve health care for women and girls in the State party. The Committee is concerned that access to abortion in the State party is restricted to cases where there is a real and substantial risk to the life of the pregnant woman under the Protection of Life During Pregnancy Act of 2013, which was enacted following the decision of the European Court of Human Rights in the case of A, B and C v Ireland, and that this exception is interpreted in a very restrictive manner. The Committee is also concerned that under the Regulation of Information (Services Outside the State For Termination of Pregnancies) Act of 1995, the provision of information by health-care providers that advocates and promotes the option of abortion is criminal. The Committee is particularly concerned that owing to this restrictive legal regime:
(a)Abortion in all cases other than where there is a real and substantial risk to the life of the pregnant woman is criminal and carries a maximum penalty of 14 years imprisonment;
(b)Women and girls are compelled to travel outside the State party to obtain an abortion in countries where it is legally available on wider grounds;
(c)Women and girls without means to travel outside the State party to obtain an abortion, such as poor women, asylum seekers and migrant women and girls, may be compelled to carry their pregnancies to full term or to undertake unsafe abortion, which may lead to severe mental pain and suffering;
(d) Health-care providers and pregnancy counsellors cannot freely provide information on abortion for fear of being prosecuted for violating the Regulation of Information Act of 1995.
43. The Committee recommends that the State party:
(a) Repeal the Protection of Life During Pregnancy Act 2013 in order to legalize the termination of pregnancy at least in cases of rape, incest, risk to the physical or mental health or life of the pregnant woman, and severe impairment of the foetus, and decriminalize abortion in all other cases;
(b) Intensify the implementation of health programmes, including awareness-raising programmes, to ensure the availability, accessibility and use of modern contraceptives, in line with general recommendation No. 24 (1999) on women and health;
(c) Repeal the Regulation of Information (Services Outside the State For Termination of Pregnancies) Act of 1995 in order to ensure free access to sexual and reproductive health information and education, and that health-care providers, physicians and pregnancy counsellors do not operate under a constant fear that their services may be subject to criminal investigation and prosecution;
(d) Ensure the provision of post-abortion health-care services for women irrespective of whether they have undergone an illegal or legal abortion.
原著のタイトルは、Down Girl: The Logic of Misogyny……なるほど。