Comparative analysis reveals challenges of current abortion laws in Malaysia and England & Wales, suggesting a need for legal reforms.
his article examines the legislative framework on abortion in Malaysia, a multireligious and multiracial country, and how shortcomings in the law make it challenging for Malaysia to increase access to safe abortion through telemedicine during the period of Covid – 19 pandemic. Malaysia follows the Common Law system, and this article includes a comparative study with the law in England & Wales. Before the use of telemedicine could be implemented in Malaysia, the legal framework for abortion first requires amendment prior to recognizing telemedicine-assisted abortion. The article first examines the overall benefits of telemedicine-assisted abortion. The Principle of Reproductive Autonomy and utilitarian theory are then addressed. The article then explores literature relating to local abortion to highlight Malaysia’s perplexing and out-of-date abortion laws which make difficult the introduction of a new technique of abortion via telemedicine. In the final section, it is argued that whilst the use of telemedicine is legal for abortion to be enacted during the Covid -19 pandemic, applicability in Malaysia is challenging due to the current ambiguous law on abortion and also the stigma of abortion in a multiracial and multireligious society. In conclusion the current abortion law requires reform and a revised and robust law passed before telemedicine-assisted abortion can be introduced in Malaysia. From the perspective of this multireligious and multicultural country the article is an essential first step in preparing the way forward for further research on telemedicine assisted abortion in Malaysia.
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Binti et al. (2024) studied this question.
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