Terengganu's amended Syariah Criminal Offences Enactment 2022, which criminalises out-of-wedlock pregnancy and birth, may undermine the country's health system as it weakens the protections and rights of women and girls to healthcare, said Galen Centre.
In a statement today, the health think tank raised concern that the enactment may force women and girls to seek out unsafe abortions due to a hostile climate.
"This is an appalling state of affairs which has a direct impact on the health and well-being of women and girls in Malaysia. It undermines our health system," said the centre’s health and social policy chief executive officer Azrul Mohd Khalib.
"Such laws potentially put our healthcare workers in a difficult and impossible situation. The dictum of 'first do no harm' is embedded into the code of conduct of all healthcare professionals.
"Are they expected to report out-of-wedlock cases to the religious authorities when a woman or girl seeks antenatal, perinatal and postpartum care for their pregnancy? Will women and girls feel that healthcare facilities such as women's clinics are no longer safe spaces as their treatment and care can be used as evidence against them?
"Will access to contraceptives be jeopardised? Will women and girls be forced to seek out unsafe abortions due to a hostile climate? What if her pregnancy becomes life-threatening and it becomes a choice between getting prosecuted after seeking treatment or risking her life?"
"The amended enactment appears to be unusually cruel. There appeared to be neither thought nor consideration given for the health, protection or welfare of the woman or her child. What does this say about our society?" he asked.
The acts of getting pregnant, pregnancy and giving birth should not be criminalised, stressed Azrul.
"Sexual and gender-based violence is an everyday reality for many women and girls in Malaysia. Look at our health data on pregnancies, maternal health and infant mortality. Wanted, unwanted and unintended pregnancies occur every day.
"Evidence and studies from this country and others, clearly show that punitive measures do not work and ignore realities.
"Such legislation instead creates unnecessary suffering, pain or humiliation for the woman and her child. Instead of punishing women and girls, we need to protect and improve access to contraception so that women can choose and plan their pregnancy,” he said.
Last Thursday, the Terengganu state legislative assembly passed an amendment to the Syariah Criminal Offences (Punishments) Enactment 2022 to strengthen the implementation of Syariah law in the state, which includes the addition of four new sections, among others.
The four new sections include offences for Section 3A (witchcraft and black magic), 29A (pregnancy or giving birth out of wedlock), 33A (women acting as men) and 36A (in preparation of sodomy)(persediaan melakukan liwat).
Section 29A states that Muslim women found guilty of out-of-wedlock pregnancy and childbirth will be liable for a fine not exceeding RM3,000, imprisonment up to two years, or both.
The same section states that men who are found guilty of causing a pregnancy out of wedlock can be sentenced with the same punishment. - Mkini
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