The UAE should allow women to have abortions if the pregnancy is the result of rape or incest.
Experts say the decision is a major milestone in the development of abortion law in the UAE and will help improve the health and safety of women living in the Emirates.
Cabinet Resolution No. (44) of 2024 on Medical Liability Law provides that “if the pregnancy is the result of sexual intercourse with a woman against her will without her consent or without her full will” and “the person who caused the pregnancy is one of the woman’s ancestors or her mahram (unmarriable) relatives.”
Rape or incest must be reported immediately to the authorities and proven by an official report from the Public Prosecutor’s Office.
According to the resolution, at the time of abortion, the fetus must be less than 120 days old and there must be no medical complications that could put the woman’s life at great risk through the abortion.
The law applies to residents who have been in the UAE for at least one year.
“The UAE has criminal laws, laws and procedures to punish perpetrators and hold them accountable. What we need now is a law that helps resolve the consequences of these crimes,” said a source familiar with the matter.
“We need laws to protect women, children and families.”
She said women often turn to unlicensed clinics or travel abroad “risking their lives” to get abortions.
According to Article 406 of the Crimes and Punishments Law, the punishment for rape in the UAE is life imprisonment and the death penalty if the victim is under 18 or “disabled or incapacitated due to illness.” If there is resistance or the perpetrator is a relative of a previous generation or a relative who cannot marry the victim. “
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Dr. Paul Bozzio, chief physician at Abu Dhabi’s Corniche Hospital, welcomed the solution.
“The new Cabinet decision aims to protect the health and safety of women and society and is therefore an important and positive development.
He noted that the current law already allows abortion in cases where the pregnancy poses a serious risk to the mother’s life and involves fatal congenital anomalies in the fetus.
“The decision adds forced pregnancy, invalid consent and incest as possible indications and gives the mother full consent and authority to request the procedure,” he said.
“Furthermore, the decree establishes a strict process for authorizing, performing and monitoring all abortion cases. While the new indications are very rare, these new provisions make the law one of the most progressive and safe abortion laws in the world.”
The new guidelines are the latest significant change to the UAE’s abortion law.
In October, a new law came into force allowing women in the country to undergo emergency abortions without their husband’s consent.
Women are allowed to terminate pregnancies if a medical report states that their own life or that of the unborn child is at risk.
The procedure can only be carried out after the woman gives her consent, or, if that is not possible, her husband or guardian. In emergency cases where there is an imminent threat to life, the consent of either is not required.
Strict regulations apply
Earlier this month, the Ministry of Health and Prevention issued a new protocol to define and regulate cases of abortion that are permissible in the UAE.
The new regulation stipulates that decisions regarding requests for abortion will be made by a specialized committee established within each health authority by the Emirati Minister of Health or the head of the health authority.
The committee will be composed of three doctors, one of whom will be a specialist in obstetrics and gynecology, another in psychiatry, and a representative of the Public Prosecutor’s Office.
The regulation stipulates that abortions must be performed in medical facilities approved by the relevant health authorities and by a specialist in obstetrics and gynecology licensed in the country, and that the abortion will not result in medical complications that could endanger the life of the pregnant woman.
In addition, the resolution requires that women receive medical and social counseling before and after the procedure.
Protecting Women’s Rights
“This new law marks an important step forward in women’s medical and legal rights in the UAE,” said Byron James, partner and director of UAE-based law firm Expatriate Law.
“By clearly defining permissible cases and establishing strict procedures, we not only protect women’s health, but also comply with international best practices.
“One of the main objectives of the new law is to protect women’s health and maintain social stability by clearly defining the conditions and procedures for permitted abortions. In addition, the law aims to minimize illegal and unsafe abortion practices and address a problem that has grown in recent years.
“Under the new regulations, abortion in cases of rape or incest is explicitly permitted, provided it is supported by an official report of the relevant prosecutor’s office.” 24 countries, including Andorra, Poland, Dominican Republic, Egypt, El Salvador, Jamaica, Iraq, Malta, Philippines and Sierra Leone.
In March, France became the first country in the world to make a woman’s decision to seek an abortion a constitutional right.
Other countries, including Mexico, Argentina, Colombia and Ireland, have also relaxed abortion restrictions. Ireland voted in 2018 to remove the ban from its constitution. The procedure is now permitted up to 12 weeks into pregnancy if the mother’s health or life is at risk or if the fetus has a congenital anomaly.
In June 2022, the U.S. Supreme Court struck down the constitutional right to abortion, overturning Roe v. Roe. Walk up.
The decision means that abortion is now completely banned in 14 states, while two states, Georgia and South Carolina, ban abortions after the sixth week of pregnancy.
Other states have also enacted laws or held referendums to protect the right to abortion.