Japan to seek safe, spousal consent-free abortion

On June 24, the US supreme court overturned Roe v. Wade and ended the constitutional right to abortion. This shocking news has brought attention to reproductive health and rights worldwide again.

At the same time, the rights related to abortion are attracting attention in Japan. As we previously mentioned, a British medical company applied to introduce an abortion pill in Japan in December 2021. However, Japan hasn’t approved it yet. The price and prescribing method also differ from the global standard, which has resulted in criticism.

Partners’ consent and 100,000 yen may be required to obtain abortion pill

In Japan, abortion is legal. However, its mainstream method is sharp curettage that the WHO defines as unsafe abortion. Many look towards abortion pills as a safer and more reasonable method.

Since the application of abortion pills, the Japan Society of Obstetrics and Gynecology has kept asserting that its price should be approximately 100,000 yen. Furthermore, the Ministry of Health and Labour Standards (MHLW) has stated its opinion that partners’ consent should be required to access the pills. This is because of the Maternal Protection Law mandating “abortion must be performed with the consent of the woman and her spouse.”

MHLW also mentions exempt cases such as domestic violence from a spouse and broken marriage. Yet the reality is far from what they have asserted. Many hospitals require partners’ (“fathers of the child”) consent regardless of the circumstances to avoid trouble. Some people have given up on abortion due to a lack of partners’ consent. Sadly, in June 2020, an unmarried woman gave birth and abandoned her baby in a park restroom because she couldn’t get her partner to sign a consent form for abortion.

The spousal consent requirement deprives women of their rights

In June, Kazane Kajiya, an activist for safe abortion, submitted the petitions of about 83,000 people to MHLW to abolish spousal consent. She also surveyed 58 people who had experienced refusals of abortion due to the consent requirements.

Regarding the relationship with the “partners,” 22.4% (13 respondents) were impregnated by their husbands. As for why they couldn’t obtain consent: “partners refused to sign consent forms,” and “partners ghosted them,” both received 21.8% of responses each. “Domestic violence or moral harassment” accounted for 18.2%, and “Pregnancy was the result of sexual abuse (spousal or non-spousal)” accounted for 12.7%.

Of those who were refused an abortion, 34.5% forged a signature for consent, 12.7% found another clinic that allowed them to have an abortion without others’ consent, and another 12.7% were forced to give birth.

Abortion is a woman’s right

The WHO’s new guideline on safe abortion, released in March, calls for eliminating consent as a requirement for abortion. Of the 203 countries in the world, only 11, including Japan, legally require spousal consent for abortion.

It is clear from the current situation that the mother is at risk when having an unwanted pregnancy due to the barriers to accessing abortion. Reproductive health and rights are to protect one’s own health at one’s own discretion.

What is spousal consent required for? We all need to reconsider now.