Abortion in Israel

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Abortion in Israel is permitted when determined by a termination committee, with the vast majority of cases being approved, as of 2019. [1] [2] [3] The rate of abortion in Israel has steadily declined since 1988, [1] and compared to the rest of the world, abortion rates in Israel are moderate. According to government data, in Israel, abortion rates in 2016 dropped steadily to 9 per 1,000 women of childbearing age, lower than England (16.2) and the United States (13.2). 99% of abortions are carried out in the first trimester. [4] Despite allegations of permitting abortion under limited circumstances, Haaretz noted in 2019 that this is not the case, and abortion is almost always permitted in Israel. [2]

Contents

Abortion in Israel had been illegal, but became legal, subject to a termination committee's approval, under the penal code of 1977. [5]

Prior to 2014, approval for an abortion in Israel by a termination committee was given under limited circumstances, such as if the woman was unmarried, age considerations (if the woman was under the age of 18 – the legal marriage age in Israel – or over the age of 40), the pregnancy was conceived under illegal circumstances (rape, statutory rape, etc.) or an incestuous relationship, birth defects, or risk to the life or health of the mother. Subsequent to 2014, abortion up to the age of 33 can be provided for under the nationally funded health basket. [6]

According to the Israel Central Bureau of Statistics report from 2004, in 2003, most abortion requests were granted, with 19,500 legal abortions performed and 200 requests for abortion denied. Reasons for termination went as follows: The woman was unmarried (42%), illegal circumstances (11%), health risks to the woman (about 20%), age of the woman (11%), and fetal birth defects (about 17%). [7] Women who would not qualify for an abortion under the statutory scheme may seek an abortion at a private clinic, although abortion in a private clinic is illegal.

It was reported in 2012 that about half of all abortions in Israel were performed in private clinics, i. e., without committee approval. Women who undergo such an abortion do not face criminal penalties, but physicians who perform them face a fine, or up to five years' imprisonment; however, there have been no known prosecutions of physicians for performing non-committee-approved abortions. [8] About 20,000 abortions take place in Israel every year, with the figure remaining steady, despite a substantial increase in the population.

Clauses 312-321 of the 1977 penal code limit the circumstances when an abortion is legal in Israel. Abortions must be approved by a termination committee. Abortions can only be performed by licensed gynecologists in recognized medical facilities that are specifically and publicly recognized as a provider of abortions. [9] However, the Israeli Cabinet updated the 1977 law in 2014 to allow abortion to be provided for nearly every woman in the country seeking an elective abortion. [10]

Circumstances under which abortion is approved

Under a 1977 abortion law, a termination committee can approve an abortion, under sub-section 316a, [9] in the following circumstances:

  1. The woman is younger than the legal marriage age in Israel (which currently is 18, raised from 17 in April 2013), [11] or older than forty. (This was later amended to also include women under the age of twenty.) [10]
  2. The pregnancy was conceived under illegal circumstances (rape, statutory rape, etc.), in an incestuous relationship, or outside of marriage.
  3. The fetus may have a physical or mental birth defect.
  4. Continued pregnancy may put the woman's life in risk, or damage her physically or mentally.

Previously, cases where the woman is between the ages of 20–33, and/or was granted an abortion due to the baby having been conceived under illegal circumstances or incest, the fetus had a serious physical or mental defect, the mother was unmarried, or the mother's health was in danger, the state pays for the abortion. However, the law was modified in 2014 to allow a free state-funded "health basket" for any woman seeking an abortion. [10] Women who get pregnant while serving in the IDF are entitled to free, state-funded abortion. [12] [13]

In practice, most requests for abortion that qualify for the above are granted, and leniency is shown especially under the clause for emotional or psychological damage to the pregnant woman. The committees approve 98% of requests. [14]

In 2022, new regulations went into effect stating that those seeking abortions could send their requests online, and would no longer be asked about their use of birth control. As well, under the new regulations, they no longer have to meet with a social worker, and may obtain a medication abortion (if medically possible) under the oversight of a community health clinic, rather than having to go to hospitals to receive the medication, as they did previously. [15]

Structure of the committee

There are 38 termination committees operating in public or private hospitals across Israel. [16] These committees consist of three members, two of which are licensed physicians, and one a social worker. [9] Of the two physicians, one must be a specialist in obstetrics and gynaecology, and the other one either OB/GYN, internal medicine, psychiatry, family medicine, or public health. At least one member must be a woman. Six separate committees consider abortion requests when the fetus is beyond 24 weeks old.

Abortion debate in Israel

There is an abortion debate in Israel, although it is sidelined by more publicized and controversial issues. The debate as to the morality of abortion is antecedent to the debate about separation of religion and state in the context of Israel as a Jewish State and a democracy.

In 2024, Pew Research Center reported that 51% of Israeli adults believed that abortion should be legal in most or all cases, with 42% having the opposite opinion. [17]

Orthodox Jewish organizations, including political parties, strongly oppose abortion because most interpretations of Jewish law view abortion as prohibited, except for saving a mother's life. [18] Political parties that champion this view include Shas, a Sephardic Haredi party; United Torah Judaism, an Ashkenazi Haredi party; and HaBayit HaYehudi (Jewish Home), a Religious Zionist party. A study published in 2001 found that opposition to abortion among Israelis was correlated to strong religious beliefs – particularly Orthodox Jewish beliefs , below-average income, larger family size, and identification with right-wing politics. [19]

Left wing parties, such as Meretz, argue in favor of legalized abortion for reasons of personal liberty. In 2006, MK Zehava Gal-On of Meretz proposed a bill that would eliminate the termination committees, effectively decriminalizing unrestricted abortion. [20] Gal-On argued that women with financial means can have abortions in private clinics, bypassing the committee and, therefore, gaining rights based on their wealth. The bill was rejected by a wide margin. [21]

When the relevant section of the penal code was originally written, it contained a "social clause" permitting women to seek abortions for social reasons, such as economic distress. [9] The clause was withdrawn in 1980 under the initiative of the Orthodox Jewish parties (see Shas, United Torah Judaism, and National Religious Party).

This clause is still under debate in Israel. In 2004, MK Reshef Chen of Shinui submitted an addendum to reinstate the clause, arguing that under present circumstances, women with financial problems must lie to the termination committee to obtain approval under the emotional or psychological damage clause, and that "no advanced country compels its citizens to lie in order to preserve religious, chauvinistic, patronizing archaic values". Women's organizations such as Naamat supported the proposal. [22]

Women's organizations such as Naamat [23] and Shdulat HaNashim (women's lobby) [24] argue in favor for feminist, pro-choice reasons, such as reproductive rights.

Efrat [25] is a religious organization that lobbies against abortions, as well as offering financial support to women who are considering abortion for economic reasons. Efrat's campaign includes stickers with the slogan, "Don't abort me" (Hebrew : אל תפילו אותי). Be'ad Chaim (Pro-Life) [26] is a Messianic Christian anti-abortion non-profit association. Another organization which provides financial support and counseling to women considering abortion is "Just One Life" (J.O.L.) [27]  – which in Hebrew is known as Nefesh Achat B'Yisrael.

See also

Related Research Articles

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

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Abortion is legal and free of charge upon request in Finland in the first 12 weeks of pregnancy since 1 September 2023. Between 1970 and 2023, abortion was widely accessible in practice for a variety of reasons, but nevertheless, the law required the pregnant woman to state her motivations and get approval from one or two doctors.

<span class="mw-page-title-main">Abortion law</span> Laws that allow, prohibit, or regulate abortion

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Abortion in Australia is legal. There are no federal abortion laws, and full decriminalisation of the procedure has been enacted in all jurisdictions. Access to abortion varies between the states and territories: Surgical abortions are readily available on request within the first 22 to 24 weeks of pregnancy in most jurisdictions, and up to 16 weeks in Tasmania. Later-term abortions can be obtained with the approval of two doctors, although the Australian Capital Territory only requires a single physician's approval.

Abortion in Sweden was first legislated by the Abortion Act of 1938. This stated that an abortion could be legally performed in Sweden upon medical, humanitarian, or eugenical grounds. That is, if the pregnancy constituted a serious threat to the woman's life, if she had been impregnated by rape, or if there was a considerable chance that any serious condition might be inherited by her child, she could request an abortion. The law was later augmented in 1946 to include socio-medical grounds and again in 1963 to include the risk of serious fetal damage. A committee investigated whether these conditions were met in each individual case and, as a result of this prolonged process, abortion was often not granted until the middle of the second trimester. As such, a new law was created in 1974, stating that the choice of an abortion is entirely up to the woman until the end of the 18th week.

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

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Abortion in Norway is available on demand within the first twelve weeks of gestation, measured as 11 weeks and 6 days from the first day of the last menstrual period. After this 12-week time limit, a request must be submitted to a special medical assessment board that will determine whether an abortion will be granted.

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

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Abortion in Spain is legal upon request up to 14 weeks of pregnancy, and at later stages in cases of risk to the life or health of the woman or serious fetal defects.

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.

Abortion in Zimbabwe is available under limited circumstances. Zimbabwe's current abortion law, the Termination of Pregnancy Act, was enacted by Rhodesia's white minority government in 1977. The law permits abortion if the pregnancy endangers the life of the woman or threatens to permanently impair her physical health, if the child may be born with serious physical or mental defects, or if the fetus was conceived as a result of rape or incest. Nevertheless, an estimated 70,000+ illegal abortions are performed in Zimbabwe each year.

<span class="mw-page-title-main">Anti-abortion movements</span> Movement that believes abortion should be illegal

Anti-abortion movements, also self-styled as pro-life movements, are involved in the abortion debate advocating against the practice of abortion and its legality. Many anti-abortion movements began as countermovements in response to the legalization of elective abortions.

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 in Thailand is legal and available on-request up to 20 weeks of pregnancy. Abortion has been legal up to at least 12 weeks of pregnancy since 7 February 2021. Following a 2020 ruling of the Constitutional Court which declared a portion of the abortion statutes unconstitutional, the Parliament removed first-term abortion from the criminal code. Once strict, over time laws have been relaxed to take into account high rates of teen pregnancy, women who lack the means or will to raise children, and the consequences of illegal abortion.

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Abortion in Singapore is legal and widely accessible. It was formally legalised in 1974, being one of the first countries in Asia to do so. It is available on request for Singaporean citizens, permanent residents, individuals with an issued student or work pass, individuals who have been a resident of Singapore for a minimum of four months as well as anyone married to a Singaporean citizen or a permanent resident. Foreigners may also obtain an abortion in Singapore if their lives are endangered.

References

  1. 1 2 Applications for Pregnancy Termination in 2014
  2. 1 2 "Shhh! Don't Tell Evangelical Supporters of Israel, but Abortion There Is Legal — and Often It's Free". Haaretz.
  3. ↑ "Israel: Reproduction and Abortion: Law and Policy". Library of Congress .
  4. ↑ "Israel's abortion rate falls". Haaretz. Retrieved 29 September 2019.
  5. ↑ "תקנות העונשין (הפסקת הריון), תשל"ח-1978". www.nevo.co.il.
  6. ↑ קלנר, ירון (December 30, 2013). "סל התרופות 2014: הפלות חינם גם ללא סיבה רפואית". Ynet– via www.ynet.co.il.
  7. ↑ (in Hebrew) Central Bureau of Statistics. (August 30, 2005). Patterns of Fertility in Israel in 2004 .docx icon.svg DOC . Retrieved February 12, 2007.
  8. ↑ "REPRODUCTION AND ABORTION: LAW AND POLICY" (PDF). Library of Congress . Archived from the original (PDF) on 2018-10-01. Retrieved 2017-12-29.
  9. 1 2 3 4 Israeli penal code at the Hebrew Wikisource.
  10. 1 2 3 Update: Israel's abortion law now among world's most liberal -- Free abortions for all women http://www.timesofisrael.com/israels-abortion-law-now-among-worlds-most-liberal/
  11. ↑ Ynetnews.com, 11.4.13: Knesset raises marriage age to 18.
  12. ↑ "Op-Ed: Don't set back reproductive rights for Israeli women". 9 July 2012.
  13. ↑ Kamin, Debra. "Israel's abortion law now among world's most liberal". www.timesofisrael.com.
  14. ↑ Debra Kamin (January 6, 2014). "Israel's abortion law now among world's most liberal". The Times of Israel.
  15. ↑ Fishkoff, Sue (June 28, 2022). "Days after U.S. ends right to abortion, Israel makes access easier". J.
  16. ↑ "Legal Terms of Abortion in Israel". www.jewishvirtuallibrary.org. Retrieved 2020-01-27.
  17. ↑ "Support for legal abortion is widespread in many places, especially in Europe". Pew Research Center . 15 May 2024. Retrieved 19 July 2024.
  18. ↑ Sales, Ben. "Jewish women express anger after Orthodox rabbis compare abortion to murder". www.timesofisrael.com. Retrieved 2019-02-03.
  19. ↑ Remennick, Larissa I.; Hetsroni, Amir (2001). "Public Attitudes toward Abortion in Israel: A Research Note". Social Science Quarterly. 82 (2): 420–431. doi:10.1111/0038-4941.00033.
  20. ↑ "הצעת חוק העונשין (תיקון - ביטול ועדת ההריונות), התשס"ו-2006". מאגר החקיקה הלאומי. Retrieved 18 February 2024.
  21. ↑ "הח"כיות נעדרו מההצבעה על ועדות ההריון". Ynet. 28 June 2006. Retrieved 18 February 2024.
  22. ↑ (in Hebrew) Ruti, Sinai. (June 8, 2004). "Proposal: Women in poor financial condition will be able to get an abortion Archived 2012-02-05 at the Wayback Machine ." Walla!. Retrieved February 3, 2007.
  23. ↑ "NA'AMAT USA | Jewish Women's Organization Supporting Israel". NA'AMAT USA | Jewish Women's Organization Supporting Israel.
  24. ↑ (in Hebrew) IWN official site Archived August 19, 2007, at the Wayback Machine , legal pregnancy termination in Israel
  25. ↑ "Efrat official site". Archived from the original on 2019-10-19. Retrieved 2007-02-03.
  26. ↑ "Help Israeli women and men choose LIFE | Be'ad Chaim - Israel Pro-Life". www.beadchaim.com.
  27. ↑ "Just One Life - Just One Life". justonelife.org.
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