| Home > South-East Asia >> Indonesia | |
Indonesia's abortion clause at 40 days draws further ire
Jakarta Globe - August 19, 2014
Deemed ineffective in protecting the rights of women, activists argue that the 40-day timeframe would not give traumatized rape victims enough time to recognize the early signs of pregnancy.
Maesur Zaky, director for the Indonesian Family Planning Association (PKBI) in Yogyakarta added that the regulation would be difficult to implement.
"The fact is, based on previous cases, not many women realize they are pregnant during those [first five] weeks. Therefore, the government regulation will not be of much help," said Maesur, as quoted by Portalkbr.com.
Most rape victims discover their condition some six months into the pregnancy, he claimed. "A test pack accurately detects a pregnancy after three to four weeks. But during that time, women who have been brutalized by rape may not be able to recognize the symptoms," Maesur said.
The PKBI chief further argued that laws regulating such sensitive matters should remain flexible and each case should be treated according to its circumstances.
Budi Hartono, a senior researcher at University of Indonesia's Administrative Studies and Health Policies, urged the government to consider the psychological state of rape victims when formulating laws that may further impact their lives.
"Victims of sexual violence require guidance and assistance because of what they have had to endure," Budi said, as quoted by Harian Terbit newspaper. "Their weakened physical and mental state have to be taken into consideration; we must show some humanity."
Health Minister Nafsiah Mboi has reminded both activists and the public to remain calm about the controversial stipulation, assuring that "there are conditions [attached to the regulation] and it can't be done arbitrarily."
"There's no need for controversy," she said. Nafsiah said the government had considered the health and psychological ramifications of forcing a rape victim to bare the burden of giving birth, then raising a child conceived in violence.
"Do these children [of rape] have to suffer simply because the public won't treat them well? We also need to take this into consideration," she said, adding that the regulation came into play five years after the 2009 Health Law was passed.
"It may have been implemented in 2014, but it took years of discussions involving multiple parties, including officials from the Health Ministry and the Religious Affairs Ministry, as well as many legal experts," she said.
Abortions were declared legal in the 2009 Health Law, which stipulates that only victims of rape and women whose pregnancies threatened their life of that of the fetus would be allowed to terminate their pregnancy. It did not, however, mention a time limit.
Nevertheless, Nafsiah continued to defend the new government regulation, assuring it was implemented to protect the rights of women.
Presidential spokesman Julian Aldrin Pasha echoed the health minster's claims, saying the regulation on reproductive health worked at improving the health of Indonesian women.
"It was formulated with good intentions; with the aim to protect. Should other implications arise, we can find a solution for them," Julian said.
"If the public has any input or suggestions regarding the health law – including matters concerning abortion – the government will surely consider them, so we may implement them at a ministerial level," he added.
The Health Ministry plans to issue a ministerial decree which contains six articles to support the new government regulation on abortion.
"The regulation will be explained in detail and cover matters such as [health] services before and after pregnancy, labor, and services the government will provide after the birth," Nafsiah said.
The decree will also cover issues related to contraception, sex education and training for doctors. "The decree will be completed soon," Nafsiah said.
Source: http://www.thejakartaglobe.com/news/indonesias-abortion-clause-40-days-draws-ire/.
See also:
 |