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KUALA LUMPUR – Systemic changes to the judiciary that does not demonise women are what is required to tackle unintended pregnancies, said Datuk Seri Azalina Othman Said.
The prime minister’s law and human rights adviser said solutions that aim to support the affected women and girls, especially those undergoing postnatal trauma, are essential to avoid causing further psychological harm.
She added how most of them who find themselves in situations of unplanned pregnancies are often underage girls, those financially incapable of raising a child, and those shunned by health centres when they sought for contraceptive remedies.
“Capacity building of both specialized judges and prosecutors is needed, training authorities on child-friendly laws and victim-centric procedures is essential, as well as the adoption of best practices in order to minimise secondary harm to the victim.
“Generally, we need non-judgemental legal and social services which do not moralize or prosecute individuals under their care for their actions which result in unintended pregnancies, such as sex out of wedlock,” she said in her keynote address at the Tackling Unintended Pregnancies in Malaysia conference at the Aloft hotel here this afternoon.
Azalina the views she shared today are in her personal capacity, and a review of existing laws is due.
She added that current legislation related to this topic often creates an environment of stigma and discrimination toward those dealing with unplanned pregnancies.
“The Attorney-General’s Chambers and the judiciary should be sensitized to the provisions under the Child Act 2001.
Reforms both in terms of legislation and strengthening of human rights frameworks are needed to protect and improve access to contraception so women can choose and plan their pregnancies.
One example of authorities prosecuting a victim, she said, was the recent case of a 15-year-old girl who was arrested, detained, and investigated for murder, despite still undergoing treatment for post-natal shock after allegedly killing her newborn.
The Pengerang MP said the child was denied immediate legal and psychological assistance, and how investigations for the case should have been classified as infanticide under Section 309A of the Penal Code, as opposed to the unbailable Section 302 for murder.
“Infanticide would have been a much more suitable course of action, instead of the non-bailable offence of murder, as it deals with the intentional killing of infants by reason thereof the balance of her mind was disturbed.
“This again highlighted the adverse impacts brought about by gaps between legislative intention and the implementation of it. This particular case exemplifies the traumatic consequence of unintended pregnancy,” she said.
However, the appellate court has since allowed the minor to be released on bail.
Azalina acknowledged religious interpretations that are intertwined when dealing with unplanned conceptions, including a fatwa issued in 2002 that permits abortion for rape victims.
She added that girls and women going through unplanned pregnancies are often treated as offenders instead of victims, an approach that stems from one’s religious views.
“Like it or not, this somewhat relates to certain religious interpretations, which in my opinion, common consensus on human rights could surely be met, and kindness, forgiveness and compassion towards all will always be the priority, in all religions.”
Azalina suggested women in general, for those outside and those present during the conference, to take their frustrations to the ballot boxes if they find policies by the ruling administration unacceptable.
“I always remind my party members and my bosses that our women voting pattern would always exceed 51%, so any political party in power must address women's issues.
“Because if not, they will be punished by the women; and ladies and gentlemen, especially the women, please punish them if their laws and policies are totally unacceptable by you as the women of Malaysia.” – The Vibes, May 20, 2022
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