Zika-infected pregnant women should have final say in abortion, says lawyer group

PETALING JAYA: The Association of Women Lawyers (AWL) has taken the Health Ministry to task following its decision to consult the National Fatwa Council on the issue of abortion involving Zika-infected women.
Its treasurer Daniella Zulkifili said they view the matter seriously and that the ministry's seeking of a ruling by the fatwa council has raised serious implications.
"Firstly, there is no basis for the ministry to consult the council as the law does not require or provide for an opinion to be sought from a religious body.
"Secondly, the risk of foetal abnormality is not exclusive to Zika infection cases, and does not require a special consideration. Thirdly, any ruling by the fatwa council has no legal standing.
"And lastly, matters relating to Islam are confined to personal law and doctrines, in line with the Federal Constitution," she said in a statement yesterday.
Citing Article 12 of the Convention on the Elimination of All Forms of Discrimination against Women, Daniella stressed that access to proper sexual and reproductive healthcare is a guaranteed right.
"As such, the decision whether or not to undergo an abortion should be made by the pregnant woman upon being provided with the information regarding the medical risks involved for both options - to continue or not with the pregnancy," she said.
Daniella pointed that the law allows for abortion to be conducted in cases where the pregnancy would involve risk to the life of the woman, greater than if it was terminated.
She said a decision on abortion should therefore be based on medical considerations in relation to the pregnancy risks, and that this was a matter of personal choice.
"In any event, should a pregnant woman choose to carry her pregnancy to term, there should be support by healthcare providers to assist in the care of the child to allow the woman to make an informed choice on the matter," she added.