KUALA LUMPUR, Jan 8 – A group of NGOs, comprising For Youth Initiative Kuala Lumpur (FYIKL), Reproductive Rights Advocacy Alliance Malaysia (RRAAM), X Ed Advocates, and Women on Web, have issued a statement in response to an article that was published in the Daily Express last December 22 reporting that a 22-year-old woman in Kota Kinabalu, Sabah, was jailed for a day and fined RM2,000 by the Magistrates Court for terminating her pregnancy.
According to the article, the woman who was made pregnant by her fiancé wanted to terminate her pregnancy, because she was worried and embarrassed that her family might find out about it.
She purchased three pills in July last year, consuming one of them and inserting the other two in her private parts, before suffering from severe abdominal pain.
The woman, who was 21-years-old at the time, then sought treatment at the Women and Children’s Hospital in Likas where she was found to be 25 weeks pregnant.
She later gave birth to a premature baby boy weighing 800gm, who did not survive due to a malfunctioning heart.
A doctor at the hospital made a report against her, and the woman was charged under Section 315 of the Penal Code, which carries a jail term of up to 10 years or fine, or both, on conviction.
The woman’s lawyer told the court she has since married her fiancé and was working full-time helping her mother with her roadside stall.
Limited Access To Safe Abortion Care
In their statement, the NGOs said that despite the strides made in the field of sexual and reproductive health, access to safe abortion care remains limited in Malaysia.
“We are deeply troubled by the imposing of penalties for accessing abortion pills, a form of health care proven safe by the World Health Organization (WHO),” which only deters individuals from safely managing unintended pregnancies,” said the NGOs.
“Self-sourcing and buying abortion pills is in fact an act of self-care in a society and nation that has failed to provide access to safe and essential abortion care.”
“The right to health for all implies that everyone should have access to the health services they require, when and where they need them and in a way that is acceptable to them.”
The NGOs said the imposition of penalties represents a violation of human rights and contravenes the principles enshrined in the Federal Constitution, which guarantees access to health care services for all.
They further provided facts to dispel misconceptions related to safe abortion care, particularly the use of abortion pills.
Abortion Pills Proven Safe By WHO
“We would like to point out that abortion, including the use of abortion pills, is proven safe by WHO,” said the NGOs, adding that studies have shown that individuals who face unintended pregnancies frequently resort to unsafe methods, making unsafe abortions a leading but preventable cause of maternal mortality and morbidity rates.
“Maternal mortality and morbidities not only affect the individual but also negatively impact the economy, social, and health care infrastructure of a country,” they added.
Abortion with pills, also known as medical abortion, practised throughout the world is a combination of mifepristone and misoprostol, or misoprostol alone, which offer women and pregnant people a safe, affordable, and private pathway to abortion care, said the NGOs.
“The World Health Organization (WHO) recommends self-managed medical abortion or abortion with pills at home use for up to 12 weeks. Extensive research has consistently shown that abortion pills are safe and highly effective, with a success rate of over 98 per cent making medical abortion a reliable and safe option.
“In fact, it is safer than any over-the-counter painkillers such as paracetamol.”
Abortion pills can be taken in the comfort and privacy of one’s home for pregnancies of up to 12 weeks, allowing women to reduce the emotional, psychological, and financial stress of in-person care at clinics or hospitals, the NGOs pointed out.
“This approach allows women and pregnant people to have the support of their loved ones if they choose, a key component of compassionate health care.
“We note that the reality of each individual varies, and one may need to access abortion after 12 weeks,” they said, adding that studies have documented that individuals require abortions for valid reasons such as discovering the pregnancy in the second trimester because of irregular periods, fear or financial constraints to access early care, or simply reconsidering the pregnancy decision due to changing circumstances.
“Although late abortions account for a minority of cases, providing access to late abortion care can reduce morbidity and mortality related to abortions.”
Deterrent To Seeking Medical Care
The NGOs also raised their concerns about health care providers reporting patients to authorities. “This is a violation of patients’ rights and creates a ‘chilling effect’ for those who need to seek abortion care, as it deters them from seeking medical care fearing for their safety and freedom.
“Health care providers have the duty to provide care for those who need it. The International Code of Medical Ethics states that: ‘A physician shall respect a patient’s right to confidentiality. It is (only) ethical to disclose confidential information when the patient consents to it or when there is a real and imminent threat of harm to the patient or to others, and this threat can be only removed by a breach of confidentiality.’”
The NGOs urged Malaysian society to embrace compassion and empathy on the issue and demonstrate their commitment to women’s health and wellbeing.
“Let us strive for a society where scientifically accurate health information and compassionate health care are the norm, enabling women and pregnant people to make informed decisions about their health care and bodies, while recognising their inherent rights, autonomy and agency.”
If you or someone you know is in need of accurate and compassionate abortion care, WhatsApp the RRAAM Hotline at 018 368 7950 for more information on safe abortion in Malaysia, or visit Women on Web for more information about abortion with pills and at-home abortion.
FYIKL is a youth-serving initiative based in Malaysia that aims to empower young people by creating creative and interactive content surrounding Youth and Sexual and Reproductive Health and Rights.
RRAAM is a Women’s Rights and Health Advocacy Group.
X Ed Advocates is a comprehensive sexuality education (CSE) advocacy initiative in Malaysia.
Women on Web is an online platform that supports care seekers worldwide to access abortion pills that get delivered to their home addresses.
