Global Abortion Policies Database
A tool to expand knowledge, encourage transparency, and promote accountability.
| Country or Region | |
|---|---|
Malaysia |
No
Read more WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. This legal ground recognizes a woman’s free choice. Safe Abortion Guidelines, § 4.2.1.6.
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| Country | Economic or social reasons |
Foetal impairment |
Rape |
Incest |
Intellectual or cognitive disability of the woman |
Mental health |
Physical health |
Health |
Life |
Other |
|---|---|---|---|---|---|---|---|---|---|---|
Malaysia |
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.5.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information; health protection or social reasons can be interpreted to include distress of the pregnant woman caused by the diagnosis of fetal impairment. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
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Gestational limit
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The scope of mental health includes psychological distress or mental suffering caused by, for example, coerced or forced sexual acts and diagnosis of severe fetal impairment. Safe Abortion Guidelines, § 4.2.1.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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Gestational limit
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Physical health is widely understood to include conditions that aggravate pregnancy and those aggravated by pregnancy. Safe Abortion Guidelines, § 4.2.1.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The fulfillment of human rights requires that women can access safe abortion when it is indicated to protect their health. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.2.
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Gestational limit
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The human right to life requires protection by law, including when pregnancy is life-threatening or a pregnant woman’s life is otherwise endangered. Both medical and social conditions can constitute life-threatening conditions. Safe Abortion Guidelines, § 4.2.1.1.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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Other
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| Country | Authorization of health professional(s) |
Authorization in specially licensed facilities only |
Judicial authorization for minors |
Judicial authorization in cases of rape |
Police report required in case of rape |
Parental consent required for minors |
Spousal consent |
Ultrasound images or listen to foetal heartbeat required |
Compulsory counselling |
Compulsory waiting period |
Mandatory HIV screening test |
Other mandatory STI screening tests |
Prohibition of sex-selective abortion |
Restrictions on information provided to the public |
Restrictions on methods to detect sex of the foetus |
Other |
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Malaysia |
Authorization of health professional(s)Yes Number and cadre of health-care professional authorizations required
While by law, only one medical registered practitioner is required to assess if a termination of pregnancy is, it is suggested that in a Government Hospital setting, two doctors, one of whom is a specialist, should concur on the termination of Pregnancy. For mental health reasons, an opinion from a psychologist or psychiatrist is not needed unless it is deemed necessary by the attending doctor i.e. because of severe depression or suicidal risk. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by hospital authorities may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
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Authorization in specially licensed facilities onlyNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Restrictions on the range of providers or facilities that are authorized to provide abortion reduce the availability of services and their equitable geographic distribution. Safe Abortion Guidelines, § 4.2.2.4.
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Judicial authorization for minorsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. Safe Abortion Guidelines, § 4.2.2.
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Judicial authorization in cases of rapenot applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Police report required in case of rapenot applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Parental consent required for minorsYes Can another adult consent in place of a parent?Yes Age where consent not needed
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by parents may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
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Spousal consentNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by a spouse may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
Additional notesMuslim women require husband’s consent as per Fatwa, this is not a legal requirement otherwise. |
Ultrasound images or listen to foetal heartbeat requiredNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Regulatory, policy and programmatic barriers, one example of which is the requirement for mandatory ultrasound prior to abortion, that hinder access to and timely provision of safe abortion care should be removed. Safe Abortion Guidelines, Executive Summary, Box 7 - Recommendation.
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Compulsory counsellingNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Many women have made a decision to have an abortion before seeking care, and this decision should be respected without subjecting a woman to mandatory counselling. Provision of counselling to women who desire it should be voluntary, confidential, non-directive and by a trained person. Safe Abortion Guidelines, § 2.1.8.1.
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Compulsory waiting periodYes Waiting period
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should consider eliminating waiting periods that are not medically required, and expanding services to serve all eligible women promptly. Safe Abortion Guidelines, § 4.2.2.6.
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Mandatory HIV screening testNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
Additional notesHIV and hepatitis testing should only be performed if indicated in the light of clinical features, individual risk factors, or local prevalence. |
Other mandatory STI screening testsNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
Additional notesHIV and hepatitis testing should only be performed if indicated in the light of clinical features, individual risk factors, or local prevalence. |
Prohibition of sex-selective abortionNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. In situations where abortion is restricted for sex selection purposes, terminating a pregnancy for this reason is likely to involve an unsafe procedure carrying high risks. Any policies or guidelines on the use of technology in obstetric and fetal medicine should take into account the need to ensure women’s access to safe abortion and other services - efforts to manage or limit sex selection should also not hamper or limit access to safe abortion services. Preventing gender-biased sex selection: an interagency statement, p 10 - Recommendation.
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No data
Restrictions on information provided to the publicNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should refrain from limiting access to means of maintaining sexual and reproductive health, including censoring, withholding or intentionally misrepresenting health-related information. Safe Abortion Guidelines, § 4.2.2.7.
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Restrictions on methods to detect sex of the foetusNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
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OtherConsent for cognitively impaired women may be obtained from parent/guardian or doctors caring for her |
| Country | National guidelines for induced abortion |
Methods allowed |
Country recognized approval (mifepristone / mife-misoprostol) |
Country recognized approval (misoprostol) |
Where can abortion services be provided |
National guidelines for post-abortion care |
Where can post abortion care services be provided |
Contraception included in post-abortion care |
Insurance to offset end user costs |
Who can provide abortion services |
Extra facility/provider requirements for delivery of abortion services |
|---|---|---|---|---|---|---|---|---|---|---|---|
Malaysia |
National guidelines for induced abortionYes, guidelines issued by the government WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
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Methods allowedVacuum aspirationYes (7-19 WEEKS) Manual vacuum aspiration is permitted below ten weeks of gestation. Suction evacuation (vacuum aspiration/suction curettage) is permitted between seven and 14 weeks, and surgical evacuation is permitted up to 19 weeks. Dilatation and evacuationYes (15-20 WEEKS) Dilation and evacuation is to be done by a specialist practitioner. It is not the method of choice since it is associated with complications such as bleeding and cervical injury. Combination mifepristone-misoprostolYes (14-22 WEEKS) Misoprostol onlyYes (5-9, 14-22 WEEKS) Other (where provided)Gemeprostor or methotrexate with misoprostol Extra-amniotic saline infiltration is also listed, but with a note regarding limited safety/efficacy data WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Vacuum aspiration is the recommended technique of surgical abortion for pregnancies of up to 12 to 14 weeks of gestation. The procedure should not be routinely completed by dilatation and sharp curettage (D&C). Safe Abortion Guidelines, Executive Summary, Box 1- Recommendation.
Dilatation and evacuation (D&E) and medical methods (mifepristone and misoprostol; misoprostol alone) are both recommended methods for abortion for gestations over 12 to 14 weeks. Safe Abortion Guidelines, Executive Summary, Box 3- Recommendation.
The recommended method for medical abortion is mifepristone followed by misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
Where mifepristone is not available, the recommended method for medical abortion is misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
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Country recognized approval (mifepristone / mife-misoprostol)No Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
Chemists/pharmacists can help women avoid unintended pregnancy through provision of accurate contraceptive information, pregnancy tests, contraceptive methods and referral to safe abortion services. Safe Abortion Guidelines, § 3.3.1.1.
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Country recognized approval (misoprostol)No Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
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Where can abortion services be providedPrimary health-care centresNot specified Secondary (district-level) health-care facilitiesYes Specialized abortion care public facilitiesNot specified Private health-care centres or clinicsYes NGO health-care centres or clinicsNot specified WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion services should be available at primary-care level, with referral systems in place for all required higher-level care. Safe Abortion Guidelines, Executive Summary, Box 6- Recommendation.
Additional notesThe Guidelines on Termination of Pregnancy state: “Patients can be seen at any private or public health institution but the procedure should only be done in a setting with Gynaecologist (Specialist) support ( this is also in accordance with the Private Health Care Act). This is to ensure that the procedure can be done properly and if complications should occur, these complications can be picked up quickly.” |
National guidelines for post-abortion careYes, guidelines issued by the government WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
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Where can post abortion care services be providedPrimary health-care centresNot specified Secondary (district-level) health-care facilitiesYes The Guidelines on Termination of Pregnancy state: “Patients can be seen at any private or public health institution but the procedure should only be done in a setting with Gynaecologist (Specialist) support ( this is also in accordance with the Private Health Care Act). This is to ensure that the procedure can be done properly and if complications should occur, these complications can be picked up quickly.” Specialized abortion care public facilitiesNot specified Private health-care centres or clinicsYes The Guidelines on Termination of Pregnancy state: “Patients can be seen at any private or public health institution but the procedure should only be done in a setting with Gynaecologist (Specialist) support ( this is also in accordance with the Private Health Care Act). This is to ensure that the procedure can be done properly and if complications should occur, these complications can be picked up quickly.” NGO health-care centres or clinicsNot specified The Guidelines on Termination of Pregnancy state: “Patients can be seen at any private or public health institution but the procedure should only be done in a setting with Gynaecologist (Specialist) support ( this is also in accordance with the Private Health Care Act). This is to ensure that the procedure can be done properly and if complications should occur, these complications can be picked up quickly.” WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The facilities and skills required to manage most abortion complications are similar to those needed to care for women who have had a spontaneous abortion (miscarriage). Safe Abortion Guidelines § 2.2.6.
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Contraception included in post-abortion careYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. All women should receive contraceptive information and be offered counselling for and methods of post-abortion contraception, including emergency contraception, before leaving the health-care facility. Safe Abortion Guidelines, § 2.3.
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Insurance to offset end user costsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Financing of abortion services should take into account costs to the health system while ensuring that services are affordable and readily available to all women who need them. Safe Abortion Guidelines, Executive Summary, Box 6 - Recommendation. Abortion services should be mandated for coverage under insurance plans; women should never be denied or delayed because of the inability to pay. Safe Abortion Guidelines, § 3.6.2.
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Who can provide abortion servicesNurseNot specified Midwife/nurse-midwifeNot specified Doctor (specialty not specified)Not specified Specialist doctor, including OB/GYNNot specified Other (if applicable)Medical Practitioner Registered under the Medical Act 1971 WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Subject to gestational age and method, abortion care can be safely provided by any properly trained health-care provider, including specialist doctors, non-specialist doctors; associate and advanced associate clinicians; midwives; and nurses. Health Worker Roles in Safe Abortion Care, p 33- Recommendation.
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Extra facility/provider requirements for delivery of abortion servicesReferral linkages to a higher-level facilityNot specified Availability of a specialist doctor, including OB/GYNYes Minimum number of bedsNot specified Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion facilities within both the public and private sectors should be available at all levels of the health system, with appropriate referral mechanisms between facilities. Safe Abortion Guidelines, § 3.3.1.
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| Country | Public sector providers |
Private sector providers |
Provider type not specified |
Neither Type of Provider Permitted |
Public facilities |
Private facilities |
Facility type not specified |
Neither Type of Facility Permitted |
|---|---|---|---|---|---|---|---|---|
Malaysia |
Public sector providersNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesThe Professional Code of Conduct of the Malaysian Medical Council states in Section 1.2.1: “It should be remembered that a practitioner suffers no loss of dignity or prestige in referring a patient to a colleague whose opinion could contribute to the better care of the patient.” The Code of Conduct can be accessed at: http://www.dermaorgan.gov.my/pdf/Code%20of%20Professional%20Conduct%20-%20Malaysian%20Medical%20Council.pdf |
Private sector providersNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesThe Professional Code of Conduct of the Malaysian Medical Council states in Section 1.2.1: “It should be remembered that a practitioner suffers no loss of dignity or prestige in referring a patient to a colleague whose opinion could contribute to the better care of the patient.” The Code of Conduct can be accessed at: http://www.dermaorgan.gov.my/pdf/Code%20of%20Professional%20Conduct%20-%20Malaysian%20Medical%20Council.pdf |
Provider type not specifiedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesThe Professional Code of Conduct of the Malaysian Medical Council states in Section 1.2.1: “It should be remembered that a practitioner suffers no loss of dignity or prestige in referring a patient to a colleague whose opinion could contribute to the better care of the patient.” The Code of Conduct can be accessed at: http://www.dermaorgan.gov.my/pdf/Code%20of%20Professional%20Conduct%20-%20Malaysian%20Medical%20Council.pdf |
Neither Type of Provider PermittedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesThe Professional Code of Conduct of the Malaysian Medical Council states in Section 1.2.1: “It should be remembered that a practitioner suffers no loss of dignity or prestige in referring a patient to a colleague whose opinion could contribute to the better care of the patient.” The Code of Conduct can be accessed at: http://www.dermaorgan.gov.my/pdf/Code%20of%20Professional%20Conduct%20-%20Malaysian%20Medical%20Council.pdf |
Public facilitiesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Private facilitiesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Facility type not specifiedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Neither Type of Facility PermittedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Concluding Observations issued by respective treaty bodies and selected extracts related to abortion.
| Country | CAT |
CEDAW |
CERD |
CESCR |
CRC |
CRPD |
HRC |
IE HAIT |
SR HEALTH |
SR TORTURE |
SR VAW |
WG-DWLP |
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Malaysia |
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SR TORTURE“(….) The reproductive health services most needed, in particular among girls and young women, include access to safe, reliable and good-quality contraception; comprehensive maternal health services; safe abortion and treatment for complications of unsafe abortion; and prevention and treatment of sexually transmitted infection and HIV/AIDS (see E/CN.9/2014/4, paras. 68–77). These services should be provided irrespective of age and marital status. Evidence shows that access to comprehensive sexuality education has a positive impact on the knowledge and health-related behaviours of adolescents and youth, especially girls and women, as well as on their attitudes about gender equality (see E/CN.9/2014/4, para. 68). (….) Comprehensive sexuality education is not properly integrated into school curricula in Malaysia. Related educational programmes are often not based on evidence and have a stronger emphasis on abstinence than on providing information and education to girls to allow them to make free and informed decisions about their sexuality. This has contributed to the high prevalence of unintended pregnancies amongst girls, high numbers of underage marriages, unsafe abortions and a high risk of the spread of sexually transmitted diseases, including HIV/AIDS. (….) Therapeutic abortion is available in Malaysia (under article 312 of the Criminal Code) and the termination of pregnancy is allowed under specific circumstances, including for saving the life of the mother, and for physical and mental health reasons. In 2012, the Ministry of Health issued Guidelines on the Termination of Pregnancy, in which it is clearly stated that the termination of pregnancy is legal and a service provided in public hospitals. Despite efforts by the authorities, awareness about the legal status of abortion is not yet widespread, neither among women nor among health professionals. An enabling environment is needed to ensure that every woman legally eligible has access to safe abortion care in Malaysia, including by providing the necessary information and training to relevant health professionals and groups of women at risk and by addressing the stigma associated with seeking abortion services or treatment for abortion complications. ”
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Country specific information regarding abortion related penalties. Information regarding penalties has been presented in English only; this information is not based on an official translation. Please review the source documents provided.
| Country | Penalties deconstructed |
Penalties for woman |
Penalties for provider |
Penalties for person who assists |
Secondary additional considerations/judicial discretion |
Penalties for non-consensual abortion and or negligence |
|---|---|---|---|---|---|---|
Malaysia |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesMALAYSIA Penal Code. 312. Whoever voluntarily causes a woman with child to miscarry shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both; and if the woman is quick with child, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine. Explanation: A woman who causes herself to miscarry is within the meaning of this section. Exception: This section does not extend to a medical practitioner registered under the Medical Act 1971 [Act 50] who terminates the pregnancy of a woman if such medical practitioner is of the opinion, formed in good faith, that the continuance of the pregnancy would involve risk to the life of the pregnant woman, or injury to the mental or physical health of the pregnant woman, greater than if the pregnancy were terminated. 313. Whoever commits the offence defined in section 312, without the consent of the woman, whether the woman is quick with child, or not, shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to fine. 314.Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine; and if the act is done without the consent of the woman, shall be punished with imprisonment for a term which may extend to twenty years. Explanation It is not essential to this offence that the offender should know that the act is likely to cause death. 315.Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive, or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act is not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment for a term which may extend to ten years, or with fine, or with both. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesMALAYSIA Penal Code. 312. Whoever voluntarily causes a woman with child to miscarry shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both; and if the woman is quick with child, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine. Explanation: A woman who causes herself to miscarry is within the meaning of this section. Exception: This section does not extend to a medical practitioner registered under the Medical Act 1971 [Act 50] who terminates the pregnancy of a woman if such medical practitioner is of the opinion, formed in good faith, that the continuance of the pregnancy would involve risk to the life of the pregnant woman, or injury to the mental or physical health of the pregnant woman, greater than if the pregnancy were terminated. 313. Whoever commits the offence defined in section 312, without the consent of the woman, whether the woman is quick with child, or not, shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to fine. 314.Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine; and if the act is done without the consent of the woman, shall be punished with imprisonment for a term which may extend to twenty years. Explanation It is not essential to this offence that the offender should know that the act is likely to cause death. 315.Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive, or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act is not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment for a term which may extend to ten years, or with fine, or with both. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesMALAYSIA Penal Code. 312. Whoever voluntarily causes a woman with child to miscarry shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both; and if the woman is quick with child, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine. Explanation: A woman who causes herself to miscarry is within the meaning of this section. Exception: This section does not extend to a medical practitioner registered under the Medical Act 1971 [Act 50] who terminates the pregnancy of a woman if such medical practitioner is of the opinion, formed in good faith, that the continuance of the pregnancy would involve risk to the life of the pregnant woman, or injury to the mental or physical health of the pregnant woman, greater than if the pregnancy were terminated. 313. Whoever commits the offence defined in section 312, without the consent of the woman, whether the woman is quick with child, or not, shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to fine. 314.Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine; and if the act is done without the consent of the woman, shall be punished with imprisonment for a term which may extend to twenty years. Explanation It is not essential to this offence that the offender should know that the act is likely to cause death. 315.Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive, or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act is not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment for a term which may extend to ten years, or with fine, or with both. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesMALAYSIA Penal Code. 312. Whoever voluntarily causes a woman with child to miscarry shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both; and if the woman is quick with child, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine. Explanation: A woman who causes herself to miscarry is within the meaning of this section. Exception: This section does not extend to a medical practitioner registered under the Medical Act 1971 [Act 50] who terminates the pregnancy of a woman if such medical practitioner is of the opinion, formed in good faith, that the continuance of the pregnancy would involve risk to the life of the pregnant woman, or injury to the mental or physical health of the pregnant woman, greater than if the pregnancy were terminated. 313. Whoever commits the offence defined in section 312, without the consent of the woman, whether the woman is quick with child, or not, shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to fine. 314.Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine; and if the act is done without the consent of the woman, shall be punished with imprisonment for a term which may extend to twenty years. Explanation It is not essential to this offence that the offender should know that the act is likely to cause death. 315.Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive, or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act is not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment for a term which may extend to ten years, or with fine, or with both. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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