優生保健法風雲

The Dispute over Taiwan's Genetic Health Law

1980年代台彎地區人口高度成長，每年出生人口約40萬人，相當於一個基隆市的人口。政府為提高人口素質、降低人口壓力、增進家庭幸福，乃於1985年實施優生保健法，除施行健康保護及生育調節外，並使人工流產合法化。二十年來，已達成立法政策目標。但婦女團體對於法律規定人工流產須經配偶或父母之同意，衛生署修正案中增定諮商及思考期，致妨礙女性生育自主權，表示強烈反對，並爭取修法；而宗教團體則呼籲尊重生命權，減少墮胎，主張人工流產婦女應經諮商和6天思考期，才能作審慎決定。在行政院提出將優生保健法修正為「生育保健法」草案後，雙方遊說立法委員支持，角力激烈，造成立法院於2007年1月審查修正草案時，因委員一席之差而流會，致法案懸而未決。筆者試提修法意見，供各界參採；期望能理性思考，在短期間內塵埃落定。

Population growth in Taiwan reached four hundred thousand births per year in the 1980s. Responding to the challenges presented by this significant increase in the population, the government implemented the Genetic Health Law in 1985 to improve quality of life and provide relief to those with large families,. The Law promoted health awareness, birth control and the legalization of abortion. Although this policy has significantly and successfully lowered the birthrate over the past 20 years, abortion-related disputes have been on the rise in recent years. On side, woman's rights activists argue that current Department of Health regulations that require the consent of a spouse or of parents, mandatory counseling and a deliberation period prior to obtaining an abortion violates a woman's autonomy. On the other side, religious groups appeal for a tightening of legal strictures in order to reduce the number of abortions as well as enforced counseling and a six-day deliberation period before an abortion could be permitted. As the Executive Yuan's deliberated over a proposed amendment to relevant laws, legislators were aggressively lobbied by both sides to support their respective positions. The polar positions stalemated a decision on the amendment by one vote during a Legislative Yuan vote on a draft amendment in January 2007. The author urges all parties to reconsider the proposed amendment rationally and hopes that the amendment can be passed in the near future.