A South Korean government proposal would allow medication abortion in South Korea in 2027, but overly restrictive regulations will continue to impair the right of women and girls to safe and affordable abortion services, Human Rights Watch said today. National Assembly members have questioned government officials about the plan during a parliamentary audit.
Seven years after South Korea's Constitutional Court ruled the country's decades-long abortion ban unconstitutional, effectively decriminalizing abortion and ordering legal reform by the end of 2020, the government has yet to amend the law to explicitly guarantee abortion rights. The government's new proposal would finally establish a regulatory framework for medication abortion using Mifegymiso, a combination of Misoprostol and Mifepristone recognized by the World Health Organization (WHO) as the safest and most effective regimen. But access to the medication will remain unnecessarily impaired.
"Allowing use of abortion pills is an important step, but South Korean lawmakers need to ensure that regulations aren't so restrictive that abortions are inaccessible and unaffordable," said Susanne Bergsten, acting women's rights research assistant at Human Rights Watch. "Access to safe abortion is essential to protecting the autonomy, health, and rights of women and girls."
The draft rules would, for the first two years, permit medication abortions only up to nine weeks of pregnancy and specify that only doctors in large hospitals can prescribe and dispense the medication. If no side effects are found, it would likely be distributed more widely after the trial period.
These restrictions are inconsistent with best practices, which endorse use of these medications up to 12 weeks, and with WHO recommendations that a broad range of health workers be authorized to manage medical abortion. Blocking many qualified providers from prescribing and dispensing the medication could hinder patients from receiving timely and critical care. Denying or delaying abortion access violates the rights to life, health, privacy, and freedom from discrimination.
Mifepristone is approved by around 100 countries worldwide, and has been used safely in France and China for nearly 40 years. Major complications requiring hospitalization following medication abortion are very rare and occur in less than 1 percent of cases. The WHO also recommends telemedecine models of medical abortion care, in which prescriptions can be sent directly to pharmacies for self-administration at home. It considers this approach as safe for pregnancies of up to 12 weeks, provided the pregnant person has "accurate information, quality medicines and support from a trained health worker (if she needs or wants it during the process)."
South Korea is obligated under international human rights law to ensure that all women and girls in the country can readily access timely, affordable, and safe abortion services.
To meet these obligations, the National Assembly urgently needs to enact legislation that clarifies the decriminalization of abortion, and amends South Korea's Mother and Child Health Act to ensure that the rights of pregnant people are protected in all areas relevant to safe abortion care, including health care, counseling, and support services.
Abortions should be available at a pregnant person's request, without requirements for parental or partner consent, notification or involvement, or accompaniment for adolescents or women with disabilities. Lawmakers should ensure that abortion services are covered by the National Health Insurance plan, to avoid costs becoming a barrier that prevents people from accessing abortion services.
The government currently operates a crisis counseling system under the Special Act on Crisis Pregnancy and Protected Childbirth, enacted in 2023 for women and girls with unwanted or unintended pregnancies. However, the system has been criticized for not providing neutral advice and failing to provide adequate information about abortion, delaying access to abortion care.
The law, which was intended to address unregistered births, also failed to introduce a comprehensive framework to ensure that all women in South Korea can register their child's birth, access pre- and postnatal care, receive financial support and services, and be free from the stigma and discrimination often faced by single mothers. The government should take genuine measures to support all pregnant people, whether they choose to continue or terminate a pregnancy by ensuring access to healthcare services throughout their pregnancy, at childbirth, and for childcare support.
The government should also improve support and access to information for women and girls experiencing unintended or unwanted pregnancies. A 2023 report by Moimnet (Network to Assure Rights for Safe Abortion for All) found that many people face difficulties obtaining reliable abortion information. The government should provide unbiased information about reproductive health and abortion care, and ensure that schools deliver comprehensive, age-appropriate sexuality education. People seeking abortions should be able to make informed and autonomous decisions with support from healthcare providers who offer unbiased and respectful care.
"South Korea's National Assembly should swiftly align abortion legislation with international human rights standards to protect patients and providers," Bergsten said. "Without safe and affordable access to abortion services, women and girls cannot fully experience their autonomy and reproductive rights."
