Pregnancy is often regarded as a joyous life event, symbolizing the birth of new life and boundless possibilities. However, not everyone shares this view. In reality, the process of pregnancy itself may pose potential health risks to women, and in some cases, even threaten their lives. The birth of a child can impact a woman’s future life trajectory and may place her in a more vulnerable social position. For pregnancies that are not voluntarily chosen by the woman, this situation can impose a significant physical and mental burden. Unmarried mothers, in particular, are more likely to face societal prejudice and additional life challenges. Therefore, depriving women of the right to autonomously decide whether to continue a pregnancy not only harms their physical and mental health but may also plunge them into deeper despair.
The voluntary termination of pregnancy (abortion) remains a highly contentious issue, involving women’s reproductive autonomy, fetal rights, and societal ethics on multiple levels. This paper takes Macau as its research subject, exploring the rationality and necessity of criminalizing the “voluntary termination of pregnancy” under its current legal framework. By analyzing Article 136 of the Penal Code and Decree No. 59/95/M, alongside international human rights standards (e.g., the Convention on the Elimination of All Forms of Discrimination Against Women) and comparative legal experiences (e.g., Japan, Germany, and Canada), this paper argues that women’s reproductive autonomy should be recognized as a fundamental human right deserving constitutional protection. The research finds that Macau’s current abortion laws fail to effectively deter abortion, instead increasing health risks for women, and contradict the principle of substantive equality, revealing the limitations of criminalization. Based on this, the paper proposes the repeal of Decree No. 59/95/M, amendments to the Penal Code, and the development of supporting regulations inspired by Japan’s Maternal Protection Law, adopting a model of limited liberalization with partial control. This approach would ensure women can exercise their choices in a safe and controlled environment while balancing fetal potential rights with maternal health needs.