SLIIT International Conference on Advancements in Sciences and Humanities [SICASH] 2021

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End date: 2021Subject: search.filters.subject.Abortion

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    Striking a Balance: Conscientious Objection and Reproductive Health Care from the Sri Lankan perspective
    (Faculty of Humanities and Sciences,SLIIT, 2021-09-25) Perera, M. G. H
    Immorality has always been a feature of abortion, and it frequently calls into question the morality of the procedure itself. Taking one's life is regarded as a sin and a demonstration of immorality by major religions around the globe, such as Buddhism, Christianity, Islam, and others, and has religious implications. In comparison to other nations with more liberal attitudes to abortion, Sri Lanka's present legislative framework is considered a stringent criminalization of abortion. Sections 303 through 307 of Penal Code No.02 of 1883 make abortion illegal. This antiquated legislation only allows abortion to save a woman's life if her life is in jeopardy. Conscientious Objection to abortion has been increasingly problematic throughout the world since Europe's abortion laws were liberalized. As a political compromise or a utilitarian requirement, several of these legislation included clauses allowing medical practitioners and other healthcare workers to refuse to perform abortions based on conscience. The conscientiousness of pharmacists, midwives, nurses, and Medical Practitioner in the execution of abortion according to their particular religious views in the Sri Lankan setting is scrutinized in this study using English Law and case law of several European jurisdictions as reference. The primary objective of the study is to explore the significance of Conscientious Objection reserved for Healthcare Professionals which is a possible legal challenge that could arise in liberalizing the abortion law in Sri Lanka. The findings of the study depict that it is feasible to accommodate those who are opposed to abortion while ensuring that women have access to legal health care.
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    Pro-Choice v. Pro-Life: A Perennial Conundrum- An Alternative Discourse for Abortion in Sri Lanka
    (Faculty of Humanities and Sciences,SLIIT, 2021-09-25) Antony, S
    Abortion is a highly contested issue all over the world. In Sri Lanka, the abortion discourse is emotionally charged and dictated by religious and customary norms and practices that regulate female morality and sexuality. Several attempts at introducing menial changes to the law have failed. Regulation of women in the private sphere, subject to a different set of norms, convolutes the theory of abortion as a right to autonomy and bodily integrity. In the United States, the pro-choice versus pro-life debate has been central to the discourse on a woman’s right to terminate her pregnancy. Since the ruling in Roe v. Wade, activists from both spectrums have fought aggressively to utilize the forces of politics and law to catalyst change. Contrastingly, most Western European states decriminalized abortion whilst maintaining a normative disapproval of abortion. The legal processes adopted in Western European countries situated the debate within broader social and public policy concerns. In this paper, it is argued that the abortion discourse in Sri Lanka should be isolated from the pro-choice/pro-life dichotomy that pits women against their unborn children, limiting possibilities and compromises. The paper advocates an alternative approach by engaging in a comparative analysis. It draws attention to the limitations of the privacy doctrine beyond Roe and repositions the debate within a broader socio-legal framework which encapsulates the real concerns of women.