TELEMEDICINE ABORTION DURING COVID – 19 AND THE CHALLENGES IN ITS APPLICABILITY IN MALAYSIA

Main Article Content

ALYAA NADHIRAH BINTI DATO HJ MOHAMAD SHARIFF, AMBI S T SINGAM

Abstract

This article investigates the loopholes in Malaysia’s abortion law that make it challenging for Malaysia to implement the use of telemedicine for abortion during Covid – 19.  The purpose of this paper could contribute to a reform in abortion law to ensure the legitimacy of abortion via telemedicine in an emergency situation like COVID – 19 pandemic. This article started out by analyzing Utilitarian theory and the Principle of Reproductive Autonomy. Both the theories and the principle of law arguably reflect that abortion is legitimate including during COVID–19. Following that, this article discusses the advantages of abortion via telemedicine as a whole. Further to this, the article will discuss the local literature on abortion to reflect that the law on abortion in Malaysia is ambiguous and outdated which makes it challenging to implement a new method of abortion via telemedicine. The last part is the comparative study and the author collates the challenges to enabling abortion via telemedicine in Malaysia. It is argued that, while telemedicine is a legitimate method for abortion to be used during the COVID-19 pandemic, it is difficult to implement the applicability in Malaysia due to the undeveloped and ambiguous law on abortion at the current stake.  The author concluded that the current abortion law should be reformed and that much more work needs to be done before abortion via telemedicine can be reached its applicability. This article is significant because it paves the way for further research on telemedicine abortion from a Malaysian perspective.

Article Details

Section
Public Law
Author Biography

ALYAA NADHIRAH BINTI DATO HJ MOHAMAD SHARIFF, AMBI S T SINGAM

ALYAA NADHIRAH BINTI DATO HJ MOHAMAD SHARIFF1, DR. AMBI S T SINGAM2

TAYLOR’S LAW SCHOOL, TAYLOR’S UNIVERSITY MALAYSIA1

ADVOCATE & SOLICITOR, PROGRAMME DIRECTOR LL.B UNDERGRADUATE & SENIOR LECTURER, TAYLOR’S LAW SCHOOL, TAYLOR’S UNIVERSITY MALAYSIA2

References

Aiken A and others, ‘Effectiveness, Safety and Acceptability of No‐test Medical Abortion (Termination of Pregnancy) Provided via Telemedicine: A National Cohort Study’ (2021) 128 BJOG: An International Journal of Obstetrics & Gynaecology 1464

Amnesty International, ‘Amnesty International’s Policy on Abortion : Explanatory Note’ (2020) POL 30/2847/2020

Archer N, ‘The Law, Trials and Imprisonment for Abortion in Malaysia’ (2018)

Athira N, ‘Abandoned By Family In A Pandemic’ (The ASEAN Post, 23 February 2021) <https://theaseanpost.com/article/abandoned-family-pandemic> accessed 15 March 2023

Berer M, ‘Abortion Law and Policy Around the World: In Search of Decriminalization’ (2017) 19 Health and Human Rghts Journal

Cousins S, ‘COVID-19 Has “Devastating” Effect on Women and Girls’ (2020) 396 The Lancet 301

Dworkin R, Life’s Dominion: An Argument about Abortion, Euthanasia, and Individual Freedom (Knopf 1993)

Endler M and others, ‘Telemedicine for Medical Abortion: A Systematic Review’ (2019) 126 BJOG: An International Journal of Obstetrics & Gynaecology 1094

Erdman JN, ‘Harm Reduction, Human Rights, and Access to Information on Safer Abortion’ (2012) 118 International Journal of Gynecology & Obstetrics 83

Farah Insyirah Azman and Kritigeswari Ramesh, ‘THE INFLUENCE OF MORALITY, ACTIVISTS AND HOLISTIC VIEW BEHIND CURRENT LAWS AND POLICIES, IN THE EFFORT TO DESIGN A BETTER GUIDELINE GOVERNING ABORTION IN MALAYSIA’ [2021] International Waqaf Ilmu Nusantara

Garcia-Moreno C and Amin A, ‘Violence against Women: Where Are We 25 Years after ICPD and Where Do We Need to Go?’ (2019) 27 Sexual and Reproductive Health Matters 346

Gill R and Norman WV, ‘Telemedicine and Medical Abortion: Dispelling Safety Myths, with Facts’ (2018) 4 mHealth 3

Hwei Mian Lim, ‘Country Profile : On Universal Access to Sexual and Reproductive Health Malaysia’ (2015)

Ishola F, Ukah UV and Nandi A, ‘Impact of Abortion Law Reforms on Women’s Health Services and Outcomes: A Systematic Review Protocol’ (2021) 10 Systematic Reviews 192

Low W-Y and others, ‘Access to Safe Legal Abortion in Malaysia: Women’s Insights and Health Sector Response’ (2015) 27 Asia Pacific Journal of Public Health 33

Luna Z, ‘“Truly a Women of Color Organization”: Negotiating Sameness and Difference in Pursuit of Intersectionality’ (2016) 30 Gender & Society 769

Neville CW, ‘Telehealth: A Balanced Look at Incorporating This Technology Into Practice’ (2018) 4 SAGE Open Nursing 237796081878650

Rodriguez-Osorio CA and Dominguez-Cherit G, ‘Medical Decision Making: Paternalism versus Patient-Centered (Autonomous) Care’: (2008) 14 Current Opinion in Critical Care 708

Serper M and Volk ML, ‘Current and Future Applications of Telemedicine to Optimize the Delivery of Care in Chronic Liver Disease’ (2018) 16 Clinical Gastroenterology and Hepatology 157

Sinar daily, ‘Baby Dumping Still Rampant’ (17 February 2022) <https://www.sinardaily.my/article/171553/malaysia/national/baby-dumping-still-rampant> accessed 22 February 2023

Tiew A and others, ‘An Exploration of Sexual and Reproductive Health (SRH) Services Provided by Private Clinics in Peninsular Malaysia’ (2020)

Tong WT and others, ‘Exploring Pregnancy Termination Experiences and Needs among Malaysian Women: A Qualitative Study’ (2012) 12 BMC Public Health 743

United Nations Population Fund, ‘COVID-19 Pandemic’ (United Nations Population Fund, 2020) <https://www.unfpa.org/covid19> accessed 17 March 2023

Van Ooijen LT and others, ‘A Trans-National Examination of the Impact of the COVID-19 Pandemic on Abortion Requests through a Telemedicine Service’ (2022) 48 BMJ Sexual & Reproductive Health 179

Walsh J, Møllmann M and Heimburger A, ‘Abortion and Human Rights: Examples from Latin America’ (2009) 39 IDS Bulletin 28

Women’s Aid Organisation, ‘We Must Improve Maternal, Sexual, and Reproductive Health Rights in Malaysia - Women’s Aid Organisation’ (25 April 2022) <https://wao.org.my/we-must-improve-maternal-sexual-and-reproductive-health-rights-in-malaysia/> accessed 18 March 2023

Zailani S, Zainuddin Y and Omar A, ‘Telemedicine in the Malaysian Public Hospitals: Are We There Yet?’ [2009] International Conference on Busines, Finance and Tourism Management

Zeiler K, ‘Reproductive Autonomous Choice – A Cherished Illusion? Reproductive Autonomy Examined in the Context of Preimplantation Genetic Diagnosis’ (2004) 7 Medicine, Health Care and Philosophy 175