Difference between revisions of "Abortion in Monsilva"
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{{quote|"在強姦、亂倫或胎兒受損的情況下,以及在婦女的健康或生命受到威脅的情況下,可以在妊娠期的任何時候終止妊娠。"<br /> ''"In cases of rape, incest or fetal impairment, as well as in cases where there is a risk to the woman's health or life, a pregnancy may be terminated at any point in the gestational period."''}} | {{quote|"在強姦、亂倫或胎兒受損的情況下,以及在婦女的健康或生命受到威脅的情況下,可以在妊娠期的任何時候終止妊娠。"<br /> ''"In cases of rape, incest or fetal impairment, as well as in cases where there is a risk to the woman's health or life, a pregnancy may be terminated at any point in the gestational period."''}} | ||
− | This amendment was submitted to the [[federal government of Monsilva]] after a successful referendum where 64% of voters responded in favor of the amendment being added to the constitution of the nation. As this is a part of the national constitution, no matter what state someone is in, | + | This amendment was submitted to the [[federal government of Monsilva]] after a successful referendum where 64% of voters responded in favor of the amendment being added to the constitution of the nation. Since Monsilva's constitution is uncodified (is not written under one document), the amendment is written as a seperate document amongst a series of documents that form the "constitution". As this is legally a part of the national constitution, no matter what state someone is in, the amendment applies. In some states, the amendment is unnecessary as the individual state laws override it with different abortion laws, such as in [[Amking]], where abortion is legal by request for any reason. |
===By state=== | ===By state=== |
Revision as of 16:11, 21 February 2023
Abortion in Monsilva is regulated on a federal basis by the Abortion and Women's Health Act 1981, which permits abortion in cases where there is risk to the woman's life, or her physical or mental health, as well as in cases of rape, incest or fetal impairment. Beyond those cases, some states have gestational limits for the procedure on request, while some also permit abortion on socioeconomic factors. The Department of Health and Care has been known to be very lenient on socioeconomic factors, with many anti-abortion groups and activists stating that it is essentially on request as there is no gestational limit, and around 85% of abortions based on socioeconomic factors are approved.
The first law regarding abortion in Monsilva was introduced in 1902, when the government of the Kingdom of Monsilva made abortion completely illegal except for cases where there is risk to the woman's life or health. This law remained unchanged until 1979, after the establishment of the Monsilvan Republic. In 1979, abortion was still illegal, but with exceptions including risk to life or health of the woman and in cases of rape or incest. Later, in 1981, the Abortion and Women's Health Act was passed which was added to the uncodified Constitution in 1983. This act also included exceptions in cases of fetal impairment. Although the law has remained unchanged federally, some states have made significant changes to their laws on abortion.
In October 2022, the Luhai State Government stated intentions to change the state's abortion laws to be the same as Amking, Meixian and Donguan, which would keep abortion legal in all cases within Luhai and increase the gestational limit to 26 weeks from 16. In February 2023, the state government announced that a proposal to change the state's abortion laws would be brought into the state parliament by the end of the year. If the changes pass, it will be the first ammendment to an abortion law since Meixian increased it's gestational limit to 26 weeks in 2010.
Contents
Current law
One of the amendments of the Monsilvan constitution, which was written in 1983, states the following:
"在強姦、亂倫或胎兒受損的情況下,以及在婦女的健康或生命受到威脅的情況下,可以在妊娠期的任何時候終止妊娠。"
"In cases of rape, incest or fetal impairment, as well as in cases where there is a risk to the woman's health or life, a pregnancy may be terminated at any point in the gestational period."
This amendment was submitted to the federal government of Monsilva after a successful referendum where 64% of voters responded in favor of the amendment being added to the constitution of the nation. Since Monsilva's constitution is uncodified (is not written under one document), the amendment is written as a seperate document amongst a series of documents that form the "constitution". As this is legally a part of the national constitution, no matter what state someone is in, the amendment applies. In some states, the amendment is unnecessary as the individual state laws override it with different abortion laws, such as in Amking, where abortion is legal by request for any reason.
By state
permitted |
permitted, with complex legality or practice |
prohibited[1] |
Country | Risk to life | Risk to health | Rape or incest | Fetal impairment | Economic or social | On request |
---|---|---|---|---|---|---|
Amking | no limit | no limit | no limit | no limit | no limit | 26 weeks |
Bazhong | no limit | no limit | 26 weeks | no limit | 26 weeks | prohibited[1] |
Donguan | no limit | no limit | no limit | no limit | no limit | 26 weeks |
Huachang | no limit | no limit | 26 weeks | no limit | 16 weeks | prohibited[1] |
Leibo | no limit | no limit | 26 weeks | no limit | 16 weeks | prohibited[1] |
Luhai | no limit | no limit | no limit | no limit | no limit | 16 weeks |
Maguan | no limit | no limit | no limit | no limit | no limit | 26 weeks |
Meixian | no limit | no limit | no limit | no limit | no limit | 26 weeks |
Nanyan | no limit | no limit | 16 weeks | no limit | prohibited[1] | prohibited[1] |
Weishi | no limit | no limit | 16 weeks | no limit | 16 weeks | prohibited[1] |
Wuzhong | no limit | no limit | 26 weeks | no limit | 26 weeks | 16 weeks |
Xiaogu | no limit | no limit | no limit | no limit | no limit | 16 weeks |
Xishanjia | no limit | no limit | 16 weeks | no limit | prohibited[1] | prohibited[1] |
Zaixian | no limit | no limit | 26 weeks | no limit | prohibited[1] | prohibited[1] |
Political party approaches
As abortion is a sensitive issue, few parties have complete agreement over their positions on it. However, some parties have given official stances on the matter.
Pro-abortion
The first party to announce it was officially pro-abortion was the Green Party of Monsilva, and has the federal legalization of on-request abortion as part of the party's manifesto since 1997. In 2021, the leader of the Social Democratic Party, Zi Ch'en, stated that it is officially pro-abortion, however the party is yet to add any abortion related topics to their manifesto.
According to surveys, the majority of members of both the Freedom and Democracy Party and the Liberal Party of Monsilva are pro-abortion, however the parties' have both stated that it is up to their individual members.
Anti-abortion
When the Revive Monsilva party was founded, it officially stated in it's manifesto that it would make abortion illegal except for when the woman's life is at risk. The Party of the Emperor has also officially stated that it is against abortion on request, and thinks that allowing it on the basis of socioeconomic factors is "ridiculous".
Before 2020, the People's New Party was officially anti-abortion, however when their new leader, Tain T'ien came into power, the party has since revoked it's anti-abortion policies and changed its stance to neutral.
Unaligned
The three main parties of Monsilva, the Reformed National Party, the Freedom and Democracy Party and the Liberal Party of Monsilva have all stated that their parties' have a neutral stance, and that it is up to individual party members to decide.
In 2020, the People's New Party leader, Tain T'ien, officially changed the party's stance on abortion from against to neutral, stating that it should be up to individual party members. According to a survey in 2021, around 52% of the party's biggest supporters were still anti-abortion.
See also
- Abortion laws by country
- Capital punishment in Monsilva
- LGBT rights in Monsilva
- Human rights in Monsilva