Abortion in Iran

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Abortion in Iran, as can be expected of many government policies, changed drastically between governments.

Contents

Abortion was first legalized in 1977. [1] In April 2005, the Iranian Parliament approved a new bill easing the conditions by also allowing abortion in certain cases when the fetus shows signs of disability, [2] [3] and the Council of Guardians accepted the bill in 15 June 2005.[ citation needed ]

Abortion is currently legal in cases where the mother's life is in danger, and also in cases of fetal abnormalities that makes it not viable after birth (such as anencephaly) or produce difficulties for the mother to take care of it after birth, such as major thalassemia or bilateral polycystic kidney disease. There is no need for a consent from the father and request and consent of mother with approval of three specialist physicians and final acceptance by legal medicine center suffices. Legal abortion is allowed only before 19th week of pregnancy. [2]

Much of the controversy has historically stemmed from Iran's status as a theocracy as it was established after the 1979 revolution; many policies, including those concerning social topics, are based on sharia law as interpreted from the Qur'an through the nation's Shi'a legal philosophy. While abortion is not actually referenced in the Qur'an, infanticide is specifically condemned, and this has been used as an argument to keep abortion illegal in most or all cases in which it might be sought. The sections of the Qur'an that detail the importance of health for women have been used to combat this argument, [4] and have been moderately successful at changing the legislation against abortion enacted after 1979. Nowadays, most Islamic legal schools of thought hold that the ensoulment of a fetus takes place four months after conception, which has extended the discussion of abortion in many nations and communities that base their judicial codes off of Islamic law; in Iran, a consensus has recently developed that abortion is legitimate if it is before this four-month mark. [5]

Arguing for the legality or partial legality of abortion has the potential to be successful in Iran only if it is through religious discourse. All religious ruling in Iran has its final approval or veto assigned by the Guardian Council, a reviewing and regulatory body that has the ability to support or strike down all policies of Iran. [6] In October 2021 a bill was proposed that would mandate local laboratories to report positive pregnancy tests in order to prevent "criminal abortions." [7] [8]

History

Pre-Revolution

There is a long history of abortion in Iran. In medieval Iran, it was not shocking to have plant-based agents of abortion and their relative effectiveness listed in physicians' texts; other means of abortion were also described with warnings and instructions for treatment of the woman after the procedure. [9] The dissemination and translation of different medical texts to and from China, India, Greece, and Persia led to attempts to develop extensive lists of all medical practices, including abortion, and the practice is described in detail in texts from many different regions. One text, written by physician and jurist Hakim Esmail Jorjani (1042-1137 AD), gives instruction for the appropriate use of natural abortifacients, with the caveat that these instructions are meant only for "a very young mother who fears she may die ... or when there is disease in the uterus". [10] For a long time, abortion in Persia (and then Iran) was a legal gray area, which may explain why it was not uncommon to describe the correct procedure. Natural abortifacients continued to be used for centuries in Iran, and national law said little about the practice itself until European colonial and imperial intervention in the area. [11] Because of this, up until the last years of the shah's regime, Iranian policy on abortion was partially based on parts of Islamic law and parts of law from the French colonial empire, which had carried influence in the region for some time. [12]

The immediate pre-revolutionary period was full of stops and starts in terms of social policy and family planning in Iran, as the regime of Mohammad Reza Pahlavi fell in and out of favor with Iranians in quick fluctuation, eventually collapsing in the 1979 revolution. The pointed nationalism of the shah's government in the early 1960s made for a generally pronatal policy, as the White Revolution began to reform social and economic law; families were encouraged to have children, and the country was set to expand until the shah began a national family planning program in 1967, when the country's extreme population growth made officials worry about resources diminishing too quickly. [13] Abortion became legal at that time under a set of circumstances and restrictions; in fact, a law passed in 1977 even allowed abortion on request. [12] A law a year earlier "broadened access and granted an official license" for abortions to be performed in medical facilities such as clinics and hospitals. Abortions were legal so long as the pregnancy had not exceeded twelve weeks, the ensoulment period—or, if it had, so long as the mother's life was endangered specifically by carrying the child to term. [14]

The conversation about abortion had begun even before the shah's family planning program in 1967, however; a new global interest in reproductive health and progress in contraception and sexual health matters led a gynecologist in Iran to receive a fatwa from Ayatollah Mahallati of Shiraz that approved of, and even encouraged, contraception with the aim of reducing unwanted pregnancies among Iranian families. [4] One of the reasons the legality of abortion was debated in such open air at this time was that the number of women who had abortion declined in Iran in the 1960s due to increased use of contraceptives. [15]

Post-Revolution

The 1991 law of Islamic Penalties stated that though abortion was still legally prohibited, it could be allowed to save the life of the mother. [12] This law stands today as a background for further discourse on legalizing abortion in Iran. The legal medicine organization that had the ability to approve of the abortion of a fetus suffering from a specified list of problems was a bureaucratic system that made actual approval hard to obtain. Nearly half of the applicants in the 1999-2000 year were not accepted. [14] Abortion is still haram, or forbidden, according to both Islamic law and to post-revolutionary Iranian law, and the punishments for providing or receiving an illegal abortion can be strict. Under current law, physicians can be sentenced to months of imprisonment, and women who get abortions before ensoulment are at the least fined blood money. [11] In other cases, for example if the abortion takes place after ensoulment, the punishments are more severe: both woman and physician can be sentenced to up to ten years' imprisonment. [4] This is because, after much debate over the possible legality of abortion in general, the 16-week limit (when ensoulment is believed to happen) was determined by all involved in that policymaking as the last possible time to have a legal abortion for any reason. [6] Regardless of this baseline, the policies now in place regarding the legality of receiving or providing an abortion are vague in some places.

Recent developments

As a global trend, in recent years, it has become more common for members of relatively developed nations to bring up the question of selective abortion, as science about genetics and techniques for predicting and improving neonatal health has become both more advanced and more common. [6] Iran has been no different; in fact, it is one of the few governments in the Middle East and North Africa that actively supports programs in sexual and reproductive health for its young people. [12] While abortion remains technically illegal in most cases, and in all cases once the pregnancy passes the ensoulment time of 16 weeks, the government has expanded upon its earlier caveat concerning maternal health.

In 2005, the Legal Medicine Organization of Iran created a list of 29 fetal problems and 32 maternal issues in pregnancy that indicated that abortion might possibly be legal—only if, however, it was determined that the life of the mother and the fetus were both endangered if the pregnancy went through, and that the mother could be saved by an abortion. [5] Ayatollah Ali Khamenei issued a fatwa to this effect, allowing abortion in the first trimester for these special cases. [12] The Therapeutic Abortion Act of 2005, passed by the Iranian parliament, [6] stated that if the reason for an abortion was not one of the 61 listed disorders or abnormalities, the cases could be referred to the physician and then the organization, which would decide on an appropriate course of action. [14] The ambiguity of the guidelines for acceptance and the unpredictability of health during pregnancy, however, has not created much definition in the gray area that is Iranian abortion policy. [5] In fact, the Guardian Council rejected the Therapeutic Abortion Act after its passage in 2005, [12] adding to the confusion.

Today, most abortions happen "in unsafe and hazardous circumstances" because the penalties for receiving or giving an abortion can still be quite strict. [14] Common reasons for getting an abortion range from fertility concerns (i. e., already having many children), possible or existing health complications, and socio-economic impediments to pregnancy, such as not being able to support another child. [16] In a nation whose economy depends almost solely on oil, with 50% of revenue coming from those earnings, [15] the distribution of wealth can be strained, and for many families it is not feasible to have many children despite the government's use of oil money to fund statewide welfare systems. With abortion counting for 5% of maternal deaths by some estimates, [14] it is evident that illegal and unsupervised practice of the procedure does occur, and furthermore that it can be quite dangerous to the mother; and with 34% of surveyed pregnant Iranian women in one study reporting their pregnancies as "unintended", [14] it has been noted that the danger has not disappeared in the shift from firm illegality and condemnation of abortion in Iran to its place in a current legal limbo.

The abortion rate in Iran is contested, and many surveys on the topic land with estimated numbers as opposed to hard data. This is due not only to the inherent difficulty in reaching all populations of Iran, which is a diverse country with large groups of the poor and rural, but also because of the sensitivity of the issue; especially in highly religious groups, the questioning about abortion trends is difficult, and the on-and-off receipt of honest answers has the potential to skew data in a way that makes real conclusions rather vague.

The abortion rate does vary significantly among Iran's provinces, but estimates include .26 lifetime abortions per Iranian woman, an estimated 73,000 a year, [17] 27 abortions per 1000 women and 7.5 abortions per 1000 married women, [14] and 11,543 abortions annually in Tehran, the nation's capitol. [16] These statistics are as scholarly accepted as other quite dissimilar ones, such as one study's claim that more than a thousand unsafe abortions "take place every day in Iran" [12] and another that reports that 100,000 younger women have illegal or induced abortions annually. [18] The exact numbers on abortion in Iran are thus unknown, but there are some trends in the practice that have been widely reported and verified.

All over the world, there is a negative correlation between the use of contraceptives and the abortion rate; [17] as the world adapts to new and accessible technologies developed for family planning and reproductive health, Iran is one of many nations that has found a lower rate of abortion in those areas that have higher rates of contraceptive use, which accounts for governmental acceptance and support of family planning and sexual health programs for the young. Additionally, ardent religious objections against the practice of abortion have become less legitimate in the eyes of many, especially in the middle and higher classes of Iran, as developments such as pre-natal genetic testing make abortion more of a viable option in the case of a difficult pregnancy. [6]

See also

Related Research Articles

Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of all pregnancies. When deliberate steps are taken to end a pregnancy, it is called an induced abortion, or less frequently "induced miscarriage". The unmodified word abortion generally refers to an induced abortion. The most common reasons women give for having an abortion are for birth-timing and limiting family size. Other reasons reported include maternal health, an inability to afford a child, domestic violence, lack of support, feeling they are too young, wishing to complete education or advance a career, and not being able or willing to raise a child conceived as a result of rape or incest.

<span class="mw-page-title-main">Family planning</span> Planning when to have children

Family planning is the consideration of the number of children a person wishes to have, including the choice to have no children, and the age at which they wish to have them. Things that may play a role on family planning decisions include marital situation, career or work considerations, financial situations. If sexually active, family planning may involve the use of contraception and other techniques to control the timing of reproduction.

<span class="mw-page-title-main">Sexual and reproductive health</span> State of the reproductive system without evidence of disease, disorders, or deficiencies

Sexual and reproductive health (SRH) is a field of research, health care, and social activism that explores the health of an individual's reproductive system and sexual well-being during all stages of their life. Sexual and reproductive health is more commonly defined as sexual and reproductive health and rights, to encompass individual agency to make choices about their sexual and reproductive lives.

<span class="mw-page-title-main">Beginning of pregnancy controversy</span> Cultural-linguistic, not scientific question

Controversy over the beginning of pregnancy occurs in different contexts, particularly as it is discussed within the debate of abortion in the United States. Because an abortion is defined as ending an established pregnancy, rather than as destroying a fertilized egg, depending on when pregnancy is considered to begin, some methods of birth control as well as some methods of infertility treatment might be classified as causing abortions.

Contraceptive security is an individual's ability to reliably choose, obtain, and use quality contraceptives for family planning and the prevention of sexually transmitted diseases. The term refers primarily to efforts undertaken in low and middle-income countries to ensure contraceptive availability as an integral part of family planning programs. Even though there is a consistent increase in the use of contraceptives in low, middle, and high-income countries, the actual contraceptive use varies in different regions of the world. The World Health Organization recognizes the importance of contraception and describes all choices regarding family planning as human rights. Subsidized products, particularly condoms and oral contraceptives, may be provided to increase accessibility for low-income people. Measures taken to provide contraceptive security may include strengthening contraceptive supply chains, forming contraceptive security committees, product quality assurance, promoting supportive policy environments, and examining financing options.

Abortion in Japan is allowed under a term limit of 22 weeks for endangerment to the health of the pregnant woman, economic hardship, or rape. Chapter XXIX of the Penal Code of Japan makes abortion de jure illegal in the country, but exceptions to the law are broad enough that it is widely accepted and practiced. Exceptions to the prohibition of abortion are regulated by the Maternal Health Protection Law that allows approved doctors to practice abortion on a woman if the pregnancy was the result of rape or if the continuation of the pregnancy endangers the maternal health because of physical or economic reasons. Anyone trying to practice abortion without the consent of the woman will be prosecuted, including the doctors. If a woman is married, consent from her spouse is also needed to approve abortions for socioeconomic reasons, although the rule doesn't apply if she is in a broken marriage, suffering abuse, or other domestic issues. Despite the partner's consent not being necessary for unmarried women and women who were impregnated by abusive partners or through rape, many doctors and medical institutions seek a signature from the man believed to have made the woman pregnant for fear of getting into legal trouble, rights advocates say.

Unintended pregnancies are pregnancies that are mistimed or unwanted at the time of conception, also known as unplanned pregnancies.

Muslim views on abortion are shaped by Hadith, as well as by the opinions of legal and religious scholars and commentators. The Quran does not directly address intentional abortion, leaving greater discretion to the laws of individual countries. Although opinions among Islamic scholars differ over when a pregnancy can be terminated, there are no explicit prohibitions on a woman's ability to abort under Islamic law.

Abortion in Greece has been fully legalized since 1986, when Law 1609/1986 was passed effective from 3 July 1986. Partial legalization of abortion in Greece was passed in Law 821 in 1978 that provided for the legal termination of a pregnancy, with no time limitation, in the event of a threat to the health or life of the woman. This law also allowed for termination up to the 12th week of pregnancy due to psychiatric indications and to the 20th week due to fetal pathology. Following the passage of the 1986 law, abortions can be performed on-demand in hospitals for women whose pregnancies have not exceeded 12 weeks. In the case of rape or incest, an abortion can occur as late as 19 weeks, and as late as 24 weeks in the case of fetal abnormalities. In case of inevitable risk to the life of the pregnant woman or a risk of serious and continuous damage to her physical or mental health, termination of pregnancy is legal any time before birth. Girls under the age of 18 must get written permission from a parent or guardian before being allowed an abortion.

<span class="mw-page-title-main">Family planning in Pakistan</span>

Even though there is considerable demand for family planning in Pakistan, the adoption of family planning has been hampered by government neglect, lack of services and misconceptions. Demographics play a large role in Pakistan's development and security since the change from military rule to civilian leadership. Challenges to Pakistani's well-being, opportunities for education and employment, and access to health care are escalated due to the country's continuously-growing population. It was estimated in 2005 that Pakistan's population totaled 151 million; a number which grows 1.9 percent annually, equaling a 2.9 million population growth per year. Though Pakistan's fertility rates still exceed those of neighboring South Asian countries with a total fertility rate at 4.1 and contraception use is lower than 35 percent, approximately one-fourth of Pakistani women wish to either delay the birth of their next child or end childbearing altogether.

Reproductive coercion is a collection of behaviors that interfere with decision-making related to reproductive health. These behaviors are meant to maintain power and control related to reproductive health by a current, former, or hopeful intimate or romantic partner, but they can also be perpetrated by parents or in-laws. Coercive behaviors infringe on individuals' reproductive rights and reduce their reproductive autonomy.

Abortion in Cuba is legal and available upon request, which is rare in Latin America because of widespread Catholic influence.

<span class="mw-page-title-main">Reproductive rights in Latin America</span>

Latin America is home to some of the few countries of the world with a complete ban on abortion and minimal policies on reproductive rights, but it also contains some of the most progressive reproductive rights movements in the world. With roots in indigenous groups, the issues of reproductive rights include abortion, sexual autonomy, reproductive healthcare, and access to contraceptive measures. Modern reproductive rights movements most notably include Marea Verde, which has led to much reproductive legislation reform. Cuba has acted as a trail-blazer towards more liberal reproductive laws for the rest of Latin America, while other countries like El Salvador and Honduras have tightened restrictions on reproductive rights.

Abortion in Uganda is illegal unless performed by a licensed medical doctor in a situation where the woman's life is deemed to be at risk.

Abortion in Kazakhstan is legal as an elective procedure up to 12 weeks, and special circumstances afterwards. The relevant legislation is based on the laws inherited from the country's Soviet past, when abortion was legally permitted as a contraceptive.

Abortion is illegal in Afghanistan unless the life of the mother is at risk or the baby's life is endangered, interpreted as the baby having a severe disability or low quality of life. Afghanistan has one of the highest fertility rates in the world, but its levels are decreasing since the fall of the Taliban, as aid workers can now enter the country to help with fertility and decrease mortality rates. In turn, legislation on abortion is influenced by Islamic law.

Abortion is a controversial topic in Nigeria. Abortion in Nigeria is governed by the two laws that differs greatly depending on geographical location. Northern Nigeria is governed by The Penal Code and Southern Nigeria is governed by The Criminal Code. The only legal way to have an abortion in Nigeria is if having the child is going to put the mother's life in danger. However, sex-selective abortion has long had acceptance in Nigeria.

In Yemen, abortions are only “permitted to save the life of a pregnant woman”, making it one of the strictest abortion laws in the Middle East and the world. Abortion is not widely accepted in Yemeni society. However, because of the recent conflict in Yemen, rape, honor killings, and unsafe abortions have increased in Yemen. According to a study conducted by Canadian Studies in Population, the number of unsafe and illegal abortions are high in Yemen, which can lead to fatal health risks for women.

Abortion in Vietnam is legal until 22 weeks of pregnancy and provided free of charge by the state through Article 44 of the 1989 Public Health Protection Law. Vietnam also has one of the highest rates of abortion that has been surveyed in the world and its abortion laws are among the most liberal in Southeast Asia and the world.

<span class="mw-page-title-main">Abortion in Africa</span>

In Africa, abortion is subject to various national abortion laws. Most women in Africa live in countries with restrictive laws. Most countries in Africa are parties to the African Union's Maputo Protocol, the only international treaty that defines a right to abortion. Sub-Saharan Africa is the world region with the highest rates of unsafe abortions and abortion mortality. Most abortions in the region are unsafe. The region has the highest rate of unintended pregnancy, the primary motive for abortion. The most likely women to have abortions are young, unmarried, or urban. Post-abortion care is widely available.

References

  1. ↑ Eliz Sanasarian, The Women's Rights Movements in Iran, Praeger, New York: 1982, ISBN   0-03-059632-7.
  2. 1 2 Harrison, Frances. (April 12, 2005). "Iran liberalises laws on abortion Archived 2008-12-16 at the Wayback Machine ." BBC News. Retrieved May 12, 2006.
  3. ↑ "Iran's Parliament eases abortion law Archived 2007-09-29 at the Wayback Machine ." (April 13, 2005).The Daily Star. Retrieved May 12, 2006.
  4. 1 2 3 Mehryar, Amir; Shirin Ahmad-Nia; Shahlah Kazemipour (2007). "Reproductive Health in Iran: Pragmatic Achievements, Unmet Needs, and Ethical Challenges in a Theocratic System". Studies in Family Planning. 38 (4): 352–361. doi:10.1111/j.1728-4465.2007.00146.x. PMID   18284048.
  5. 1 2 3 Aramesh, Kiarash (2009). "A Closer Look At The Abortion Debate in Iran". American Journal of Bioethics. 9 (8): 57–58. doi:10.1080/15265160902939966. PMID   19998164. S2CID   39682273.
  6. 1 2 3 4 5 Ballantyne, Angela; Ainsley Newson; Florencia Luna; Richard Ashcroft (2009). "Prenatal Diagnosis and Abortion for Congenital Abnormalities: Is It Ethical to Provide One Without the Other?" (PDF). The American Journal of Bioethics. 9 (8): 48–56. doi:10.1080/15265160902984996. hdl: 2123/12651 . PMID   19998163. S2CID   26792142. Archived (PDF) from the original on 2017-08-14. Retrieved 2018-10-25.
  7. ↑ "Iranian authority mandates pregnant women be reported to prevent 'criminal abortions'". ABC News . Archived from the original on 2021-11-01. Retrieved 2021-11-03.
  8. ↑ "طرح جواني جمعيت و حمايت از خانواده". Archived from the original on 2021-11-02. Retrieved 2021-11-03.
  9. ↑ Shaikh, Sa'diyya (2003). "Family Planning, Contraception, and Abortion in Islam: Undertaking Khilafa". In Daniel C. Maguire (ed.). Sacred Rights: The Case for Contraception and Abortion in World Religions. Oxford: Oxford University Press. pp.  107. ISBN   0-19-516001-0. OCLC   50080419.
  10. ↑ Hosseini, Seyed; Farid Alakbarli; Kamyar Ghabili; Mohammadali Shoja (2011). "Hakin Esmail Jorjani (1042-1137 AD): Persian Physician and Jurist". Archives of Gynecology and Obstetrics. 248 (3): 647–650. doi:10.1007/s00404-010-1707-7. PMID   20931210. S2CID   2681493.
  11. 1 2 Lim Tan, Michael (2004). "Fetal Discourses and the Politics of the Womb". Reproductive Health Matters. 12 (24): 156–157.
  12. 1 2 3 4 5 6 7 Hessini, Leila (2007). "Abortion and Islam: Policies and Practice in the Middle East and North Africa". Reproductive Health Matters. 15 (29): 75–84. doi:10.1016/s0968-8080(06)29279-6. PMID   17512379.
  13. ↑ Mirazaie, Mohammad (2004). "Swings in Fertility Limitation in Iran". University of Tehran Journal of Social Science. 11 (22): 1–15.
  14. 1 2 3 4 5 6 7 Erfani, Amir; Kevin McQuillan (2008). "Rates of Induced Abortion in Iran: The Roles of Contraceptive Use and Religiosity". Studies in Family Planning. 39 (2): 111–122. doi:10.1111/j.1728-4465.2008.00158.x. PMID   18678175.
  15. 1 2 Fendall, N.R.E. (1971). "A Comparison of Family Planning Programs in Iran and Turkey". HSMHA Health Reports. 86 (11): 1011–1024. doi:10.2307/4594372. JSTOR   4594372. PMC   1937193 . PMID   5138279.
  16. 1 2 Erfani, Amir (2011). "Induced Abortion In Tehran, Iran: Estimated Rates And Correlates". International Perspectives on Sexual and Reproductive Health. 37 (3): 134–142. doi: 10.1363/3713411 . PMID   21988789.
  17. 1 2 Ball, H (2008). "Lifetime Abortion Rate In Iran Is Estimated To Be One Per Four Women". International Family Planning Perspectives. 34 (3): 147.
  18. ↑ DeJong, Jocelyn; Iman Mortagy; Bonnie Shepard (2005). "The Sexual and Reproductive Health of Young People in the Arab Countries and Iran". Reproductive Health Matters. 13 (25): 49–59. doi: 10.1016/s0968-8080(05)25181-9 . PMID   16035597.


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