リプロな日記

中絶問題研究者~中絶ケア・カウンセラーの塚原久美のブログです

中絶に今も配偶者同意が必要な国々

徹底調査しました! 現在、やはり11か国……台湾はなくす方向で検討中。中絶に配偶者同意要件がある国は、もはや間違いなく少数派です。

The World's Abortion Laws - Center for Reproductive RightsのCategories of Abortion Categories of Abortion Laws from Most to Least Restrictiveのマップによると、配偶者同意要件(SA: Spousal Authorization Required)の記号が付いているのは12ヵ国ですが、このうち韓国は2021年1月1日に堕胎罪が撤廃され、配偶者同意要件もなくなったと考えられるので、残りは11ヵ国です。


中東北アフリカ地域のイスラム国の中絶状況を説明した次の文章によると、配偶者同意要件のない国はチュニジアだけだとされています。

Numerous medical barriers also limit access, such as requiring the authorisation of several doctors, cumbersome requirements for rape and health indications and in all but one country, spousal consent.
Abortion and Islam: Policies and Practice in the Middle East and North Africa


以下は、WHOのGlobal Abortion Policies Databaseで「SA(配偶者同意要件)」のマークがついていることを確認した国々です。さらにこれを補佐するような情報を探しました。


赤道ギニア(Equatorial Guinea)

f) Abortion
Abortion on request is illegal and a woman who seeks an abortion for herself is punishable of 12 to 20 years of imprisonment (Penal Code, art. 413). Anyone who performs an abortion without the consent of the pregnant woman is liable to 20 to 30 years of imprisonment and anyone who performs an abortion with the consent of the pregnant woman is liable to 12 to 20 years of imprisonment (Penal Code, art. 411). An abortion can be legally performed in on restricted grounds, notably to preserve the physical health of the woman or to save the woman’s life (United Nations Population Division, 2002 & Guttmacher Institute, 2016). In those cases, a medical practitioner must approve and perform the abortion in a medical facility (United Nations Population Division, 2002). It is reported that if the pregnant woman’s husband or guardian is opposed to the abortion, the medical practitioner must report it to judicial authorities who will make the final decision (United Nations Population Division, 2002).
https://www.genderindex.org/wp-content/uploads/files/datasheets/2019/GQ.pdf

クウェート(Kuwait)

Abortion is legal only if the pregnancy constitutes a serious threat to the health of the mother or if the child would be born with grave, unexpected, and incurable physical or mental defects.50 Ministerial Decree (No. 55 of 1984) places strict procedural requirements on such abortions, including prior approval by the woman’s husband or guardian.
https://www.iknowpolitics.org/sites/default/files/kuwait.pdf

③モロッコ(Morocco)

In Morocco, abortion is criminalised and punishable by prison and fines, except in the cases of married women whose medical reports prove that the pregnancy carries a physical threat. Even in such cases, a husband’s approval is mandatory.
https://www.aljazeera.com/features/2018/2/25/does-moroccos-strict-abortion-law-need-reform#:~:text=In%20Morocco%2C%20abortion%20is%20criminalised,a%20husband's%20approval%20is%20mandatory.2018の記事

サウジアラビア(Saudi Arabia)
ムスリム一般の説明もあったので、コピペしておきます。

In general, Muslim authorities consider abortion as an act of interfering the role of Allah (God), the only author of life and death. However, different Islamic schools have different views on abortion. According to the Hanafi School, which is predominant in the Middle East, Turkey and central Asia, and that constituted the main body of law during the Ottoman Empire, abortion was conceptualized as ıskât-ı cenîn, which can be translated as the expulsion of the fetus.


At the outset, this terminology was obscure as it made no distinction between miscarriage and abortion (TR). Moreover, within the Hanafi school, it was argued that ıskât-ı cenîn is mekrouh, meaning unwanted rather than haram (prohibited), before the fetus is 120 days old, given that the fetus would not be ensouled until then (TR). Yet, even if it is mekrouh, termination of pregnancy was entrenched to husband’s approval and it did not constitute a right or decision on women’s part.


At the same time, other Islamic schools have diverging opinions on abortion. Shafi school, which is dominant in Southeast Asia and parts of Africa, majorly permits termination of pregnancies up to 40 days and opinions diverge within the school as per the foetal development advances.


Some Shafi imams even tolerated abortion up to 120 days. Although the Hanbali school that is dominant in Saudi Arabia and United Arabic Emirates does not have a unified stance on abortion, some opinions permit abortion until the 120 days. Finally, the Mailiki school, dominant in North Africa, affirms intermediate status of fetus as the potential of life and prohibits abortion entirely. As a matter of fact, all Islamic schools consider fetus to be ensouled by 120 days of conception and none of them permit abortion after this stage.
When abortion is ‘haram’, women find strategies to claim their rights | Sciences Po

インドネシア(Indonesia)

Indonesian law allows abortion in medical emergencies, as well as in cases of severe fetal anomaly. In the latter situation, if the woman is married, both she and her husband must consent. The law was expanded in 2009 to legalize abortion in cases of rape, but only up to six weeks’ gestation.
Induced Abortion in Indonesia | Guttmacher Institute

⑥シリア(Syria)

Abortion is illegal, unless to save the life of the mother; even then, authorisation from her husband or parents is also required.
https://www.rutgers.international/sites/rutgersorg/files/pdf/Factsheet%20Syri%C3%AB%20ENG%20incl%20bronnen.pdf

アラブ首長国連邦(United Arab Emirates)

Abortion is illegal in the UAE except where the woman’s life is in jeopardy or the unborn child has deformities that will prove fatal.23⇒23 For medical terminations, it has to be within 120 days, the procedure also requires the approval of a medical panel and the written consent of the woman's husband or male guardian.
https://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/ARE/INT_CEDAW_NGO_ARE_19610_E.pdf

⑧イエメン(Yemen)
上記2つ以外にサポート資料なし。中絶そのものが非常に厳しく取り締まられているが、実際には多く行われていること、、D&Cが使われており、最近、MVAに移行しつつあることに関する記述は以下。

In Yemen, abortion is legally permitted only to save the life of the mother. Although recent data on abortion prevalence is lacking, the 1997 Demographic Health Survey found that 30% of women aged 28 years and above had ever had an abortion. Yemen’s abortion rate is on a par with rates in many other countries because Yemeni women, like women around the world, want to limit their family size: if contraception is not available, women will turn to abortion even when it is illegal. For Yemeni women with large families, abortion is the commonest method of family limitation.


Post-abortion care was available at the Al-Wahda Teaching Hospital before the IRC intervention, but providers were using the outdated and invasive method of Dilation & Curretage (D&C). The number one training request the IRC received was for manual vacuum aspiration (MVA), the World Health Organisation-recommended method of providing post-abortion care. Training in post-abortion care, conducted in December at the Al-Wahda Teaching Hospital, included the application of MVA, counselling on post-abortion family planning, infection identification and prevention and key messages that placed the provision of post-abortion care within the context of preventing maternal deaths. Five female OB/GYNs from five separate facilities attended, ensuring that post-abortion care was available at both intervention sites as well as other facilities in Aden, and the IRC distributed MVA kits at facilities with trained providers. Between July and December 2012, 227 women received post-abortion care at IRC-supported facilities. Following the MVA training in December, health providers began to phase out D&C and replace it with MVA.
Family planning and post-abortion care in emergency response - IRCs experience in Yemen - Humanitarian Practice Network

⑨トルコ(Turkey)
1983年に第一トリメスタの中絶は合法化されたが、既婚者は夫の、未婚者は親の同意が必要だとされています。

In the late 1970s in Turkey, unsafe abortion was acknowledged as a major public health concern. Population Policy Law No. 2827 was passed in 1983, authorising abortion on request up to ten weeks of pregnancy and up to 24 weeks for medical indications.33 Under this law, trained nurses and midwives are authorised to insert IUDs, and general practitioners are allowed to provide abortions by vacuum aspiration, referred to as menstrual regulation, in hospitals, under the supervision of obstetrician–gynaecologists. Spousal or parental consent is required in the implementing regulation, depending on the woman’s age but is not included in the actual law. Hence, no criminal action can be taken should an abortion be performed without this consent.
https://www.tandfonline.com/doi/pdf/10.1016/S0968-8080%2806%2929279-6
上記では法的に要請されていないように読めますが、以下の3つの文献によると法的にも要請されているようです。
Legal but not accessible: abortion in Turkey from an ethical perspective - Gender DSC 1
Access to Abortion in Turkey: No Laughing Matter - International Women's Health Coalition

⑩台湾(Taiwan)
以下の記事では、台湾が配偶者同意をなくそうとしていること、同様の規制が明示的にあるのは世界で10カ国に満たないと書いてあります。

Taiwan's Health Promotion Administration (HPA) on Wednesday (Dec. 9) announced it will propose eliminating a law that requires women to receive permission from their spouses to have an abortion.


Article 9 of the Genetic Health Act (優生保健法) states that if a married woman wishes to undergo an abortion, she must first receive consent from her spouse. However, a petition to rescind the law on the Public Policy Proposal Platform received 7,441 signatures, exceeding the minimum of 5,000 needed to require a response from a government department.


On Wednesday, HPA Deputy Director-General Wu Chao-chun (吳昭軍) announced that in order to comply with the UN's Convention on the Elimination of All Forms of Discrimination Against Women and Convention on the Rights of Persons with Disabilities and after consulting with various groups in the community, the department is planning to amend the Genetic Health Act to meet the expectations of the public and achieve the greatest consensus, reported CNA. Wu said more discussions will be held internally and that a draft of the new legislation will be announced in March.


Some who signed the petition pointed out that since a pregnancy affects an individual woman's body, she should be granted the power to terminate it. They argued that whether a woman is married or not should make no difference. However, those opposed to changing the law argue the matter affects both partners in a marriage and that both should have a hand in deciding whether or not to go through with the pregnancy.


From the standpoint of the medical association, Huang Min-chao (黃閔照), chairman of the Taiwan Association of Obstetrics and Gynecology, supports the removal of spouse consent, reported UDN. Although some people think that the husband provides sperm and has the right to claim embryos, pregnancy actually has a greater impact on women's health, said Huang.


Huang pointed out that among the countries in the world where abortion is legal, fewer than 10 explicitly require spousal consent.


Lin Hsiu-i (林秀怡), director of the Development Department of the Awakening Foundation, said that there have been reports of women in the midst of divorce negotiations who wished to terminate their pregnancy but whose husbands did not agree to it and used the current abortion law to gain leverage. She said that in some cases, the husband has threatened to report their wife if she goes through with the abortion but does not agree to his terms for divorce.


Lin welcomed the proposed amendment as an important development in women’s physical autonomy. She said that the consent requirement places more decision-making power in the hands of the husband rather than the woman.
Proposed law would let Taiwanese women get abortions without spouses' approval | Taiwan News | 2020-12-10 18:37:00

同様の記事は複数あります。
Government to propose dropping spousal consent for abortions - Focus Taiwan
Abortion bill would remove need for ‘husband’s consent

⑪日本
配偶者の同意に関する日本医師会の疑義解釈照会文とその回答



中東の中絶事情について、アラバマとの比較で載せていた記事がありました。

In Saudi Arabia, abortion is allowed in cases of risk to a woman’s life and to protect her physical and mental health. A pregnancy arising from incest or rape might qualify for a legal abortion there under the mental health exemption. Saudi women just got the freedom to drive last year, but it seems they have less to fear when it comes to terminating pregnancies than women in Alabama.

Similarly, abortion laws in other Muslim-majority nations allow pregnancies to be terminated in cases of rape, incest, fetal impairment, or risk to a woman’s mental or physical health. These exemptions to abortion bans exist in Kuwait, Jordan, Qatar, Bahrain, and the United Arab Emirates.

In Turkey, abortion is legal and free during the first trimester. Thereafter it is allowed only if a woman’s life is at risk or to protect her physical and mental health or in case of fetal abnormalities.

Similar exemptions are legalized in the North African countries Tunisia, Morocco, and Algeria. And Tunisia—like Turkey—provides free abortions in the first trimester of pregnancy at public health facilities with no restrictions.
https://qz.com/1628427/saudi-arabias-abortion-laws-are-more-forgiving-than-alabamas/