THAILAND'S ABORTION LAW TRANSFORMATION: CONSTITUTIONAL RIGHTS, PUBLIC HEALTH, AND THE GLOBAL JURISPRUDENCE OF ROE AND DOBBS

Abstract

This article traces the profound transformation of Thai abortion law from a restrictive criminal framework (1957 Penal Code) to a progressive, rights-based public health model. Historically, reform efforts faced significant political and moral opposition, leading to widespread unsafe practices. A crucial turning point emerged with the 2005 Medical Council's expanded interpretation of legal abortion grounds, aligning with the UK's medicalized approach. The decisive shift occurred in 2020 when the Constitutional Court ruled that criminalizing abortion violated women's constitutional rights to equality and liberty. This catalyzed subsequent legislative amendments that legalized abortion on request up to 20 weeks and codified broad therapeutic grounds, marking a significant move towards reproductive autonomy. The essay analyzes the nuanced influence of comparative jurisprudence. While the UK’s health-based model structurally informed Thailand’s regulatory changes, US jurisprudence, particularly the Dobbs decision, served a symbolic cautionary role, reinforcing the necessity of robust legal protections and highlighting the fragility of rights. Thailand’s unique trajectory, grounded in explicit constitutional principles of equality and public health rather than privacy, offers a distinctive model for reproductive justice in Southeast Asia. The article concludes by discussing ongoing challenges in implementation, ensuring equitable access, and safeguarding against potential regression.