termination of pregnancy in malaysia

Section 312 of the Penal Code states that a termination of pregnancy is permitted in circumstances where there is risk to the life of the pregnant woman or threat of injury to her physical or mental health. An exception clause has been added to Section 312 of the Penal Code.

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The Guideline on Termination of Pregnancy TOP published by the Ministry of Health Malaysia in 2012 defines abortion as the expulsion or removal of an embryo or fetus from the uterus at a stage of pregnancy when it is incapable of independent survival at either 500 gms or 22 weeks gestation.

. Abortion is legal in Malaysia in the following situations only. However there is an exception to the grounds of abortion under section 312. In a public hospital.

Abortion in Malaysia is mostly illegal except in cases when a medical practitioner deems that continuing the pregnancy poses a danger to the mothers life physical health and mental well-being. Abortion is not illegal in Malaysia. Take the case of Aznalisa Yaacob v.

Her employer claims that it was because of poor performance. She was referred to the hospitals religious officer for opinion. Introduction In Malaysia employer-employee relationships are governed by the Labour Relations Act IRA 1967 and the Employment Act 1955.

When a womans physical health is in danger. Many believe that the procedure to terminate an employee in Malaysia is overly pro-employee. Though legal abortion comes with a heavy restriction in Malaysia.

Needs sedation and anaesthesia. Termination of Pregnancy In Malaysia An Introduction to Sexual Reproductive Rights and Termination of Pregnancy Current Situation In Malaysia The Ministry of Health provides TOP services within the context of the law including medical and surgical methods. There is currently no specific legislation governing TOP in Malaysia.

Though legal abortion comes with extremely immense restrictions. When a womans mental health is in danger. Section 312 of the Malaysian Penal Code states that a pregnancy can be terminated only when a registered medical practitioner deems the continuance of the pregnancy to pose a risk to the womans life or cause injury to their physical or mental health.

Surgical intervention required in small percentage. In Malaysia under Act 574 of the Penal Code 309B whoever commits the offence of infanticide shall be punished at the discretion of the court. Abortion in Malaysia is regulated under Sections 312316 of the Penal Code.

So if you get fired you can lodge a complaint against your employer. The development of the 2012 Guidelines on Termination of Pregnancy and Guidelines for Management of Sexual and Reproductive Health among Adolescents in Health Clinics by the Ministry of Health Malaysia is a step forward toward increasing womens accessibility to safe abortion services in Malaysia. It is carried out by a registered medical practitioner.

Section 312 of Malaysias Penal Code states that a termination of pregnancy is permitted only when there is a risk to the life of the pregnant woman or a threat of injury to her physical or mental health. Termination of pregnancy can be carried out if. As of May 2016 some 32 countries have ratified the Convention but Malaysia is not one of them.

The medical practitioner registered under the Medical Act 1971 terminates the pregnancy of a woman. Some foreign businesses are even nervous of a system perceived as disadvantageous to employers when it comes to termination of. Access to abortion has been hampered by religious cultural and social stigmas against abortion poor.

1 it is prohibited to terminate pregnancy more than 120 days as it is considered as a crime against. Every female employee is entitled to at least 60 consecutive days maternity leave which shall be paid leave in respect of each confinement. Continuance of the pregnancy would involve injury to the physical and mental health of the pregnant women.

Abortion is technically still prohibited in Malaysia even if the pregnancy was a product of rape in cases of fetal impairment or for other socio-economic reasons. Malaysia has an abortion law which permits termination of pregnancy to save a womans life and to preserve her physical and mental health Penal Code Section 312 amended in 1989. When a womans life is in danger.

Portal Rasmi Kementerian Kesihatan Malaysia. Malayan Banking Berhad for example. It involves a risk to the life of the pregnant woman or.

Termination of Pregnancy is legally permissible under specific circumstances in Malaysia. Hence in Malaysia a woman cannot or does not have the privilege of choice to have an abortion on any other special grounds unless the mothers life is in danger. The related legal aspects are covered under the Malaysian Penal Code Act 574.

However the expiration of maternity leave often leads to the same pattern of bifurcation in choices for women. Confinement simply means parturition or the act of giving birth to a child whether alive or death emphasis added after 28 weeks of pregnancy. Although terminations are permitted the law is nevertheless limited.

Injury to the mental or physical health of the pregnant woman. Issues With The Law. Changes are being proposed to the Employment Act 1955 which will hopefully address this gap in the law but for now this means that employees in the private sector who are discriminated against may have to rely on the principles of unfair dismissal if they are terminated due to their pregnancy or constructive dismissal if they are subjected to unfair treatment as a.

Unfortunately getting an abortion is a risky and fatal business in Malaysia. A medical practitioner registered under the Medical Act 1971 who terminates the pregnancy of a woman if. To resign and care for their child or to resume work and leave her child under the care of her family or a hired carer.

Aznalisa Yaacob was under probation when she was seven months pregnant and found herself dismissed from her job. Furthermore a woman must consent to an abortion and. This section DOES NOT extend to.

OFFENCES AFFECTING THE HUMAN BODY Sections 312 to 318. Based on the Malaysian Fatwa Committee on TOP due to rape. Injuries to Unborn Children.

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