Abortion in Sint Maarten

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In Sint Maarten, a Dutch Caribbean constituent country of the Kingdom of the Netherlands, foreign policy is set by the Netherlands but all other laws including those related to abortion are self-determined. Abortion in Sint Maarten is illegal, although it may be permissible in circumstances where a pregnancy threatens the woman's life. Despite its illegality, abortions are routinely performed by some medical practitioners and are ignored by authorities.

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Legislation

Sint Maarten's abortion law is modelled after Dutch common law which was adopted by the Netherlands' foreign colonies in 1918. This law, covered in Articles 308 to 311, prohibits the act of abortion with no exceptional circumstances. For a woman who procures her own abortion or a health practitioner who intentionally assists, the penalties range from three to 15 years of imprisonment, depending on whether the woman consents to the procedure, whether the woman dies as a result, and whether a qualified health professional is involved. Any woman "who intentionally causes the expulsion or the death of her fruit" can be imprisoned for up to three years, while assistants to abortion can be imprisoned for up to four years and six months if the woman consents to the procedure (increasing to six years if the woman dies) or up to 12 years if the woman does not give her permission (increasing to 15 years if the woman dies). The maximum sentences may be raised by a third if a health professional is involved—including doctors, midwives and pharmacists—and they may be banned from their profession. Although not explicitly stated in the articles relating to abortion law, the principle of necessity may be used as a justification for breaking criminal law if an abortion is required to save a pregnant woman's life. [1]

Although the Netherlands legalised abortion in 1981, the reform was not adopted by any of the former colonies in the Dutch Caribbean, including Sint Maarten, Aruba and Curaçao, which instead retain the old Dutch common law. [1] These three territories became autonomous countries in 2010, but there remains public apprehension about whether the Netherlands will continue to attempt to "impose its liberal values and legislation" on the Dutch Caribbean, with abortion law being a chief concern. [2]

Access to abortion services

Although abortion is illegal in Sint Maarten, it is fairly commonplace as part of a system of "institutionalised tolerance". [3] [4] Since the 1981 Dutch law allowed abortion, Sint Maarten physicians and officials have become more tolerant of abortion despite the fact that Sint Maarten's own law did not change. The Ministry of Health in the nearby island country of Curaçao has had an ongoing agreement with abortion providers in Sint Maarten, providing inspections of the facilities for quality of care. [3]

Abortion is more accessible in the neighbouring country of the Collectivity of Saint Martin—which forms the other half of the island Saint Martin—where medical abortion using misoprostol is legal until 14 weeks' gestation and is universally available to those without health insurance. It is therefore common for women in Sint Maarten seeking abortions to travel to Saint Martin, "just a walk away across the border". [3]

Overall, the abortion rate in the Dutch Antilles is similar to that of Dutch Antillean women living in the Netherlands; this is around eight times higher than the abortion rate amongst native Dutch women. [2]

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Netherlands Antilles 1954–2010 Caribbean constituent country of the Netherlands

The Netherlands Antilles was a constituent country of the Kingdom of the Netherlands. The country consisted of several island territories located in the Caribbean Sea. The islands were also informally known as the Dutch Antilles. The country came into being in 1954 as the autonomous successor of the Dutch colony of Curaçao and Dependencies and was dissolved in 2010. The Dutch colony of Surinam, although it was relatively close by on the continent of South America, did not become part of the Netherlands Antilles but became a separate autonomous country in 1954. All the island territories that belonged to the Netherlands Antilles remain part of the kingdom today, although the legal status of each differs. As a group they are still commonly called the Dutch Caribbean, regardless of their legal status. People from this former territory continue to be called Antilleans in the Netherlands.

Saint Martin (island) Small island in the Caribbean

Saint Martin is an island in the northeast Caribbean Sea, approximately 300 km (190 mi) east of Puerto Rico. The 95.83-square-kilometre (37.00 sq mi) island is divided roughly 60:40 between the French Republic and the Kingdom of the Netherlands, but the two parts are roughly equal in population. The division dates to 1648. The southern Dutch part comprises Sint Maarten and is one of four constituent countries that form the Kingdom of the Netherlands. The northern French part comprises the Collectivity of Saint Martin and is an overseas collectivity of the French Republic. As part of France, the French part of the island is also part of the European Union.

SSS islands Group of Dutch Caribbean islands and former colony

The SSS Islands are the three islands in the Lesser Antilles that are part of the Kingdom of the Netherlands:

  1. Saba
  2. Sint Eustatius
  3. Sint Maarten

Same-sex marriages are not performed in Aruba, Curaçao, or Sint Maarten, which are constituent countries of the Kingdom of the Netherlands. The islands were obliged after several court rulings to register any marriage registered in the Kingdom, but this primarily considers residency rights and they do not have to give same-sex marriages the same legal effect as opposite-sex marriages. As marriage in the European territory of the Netherlands, as well as in Bonaire, Sint Eustatius and Saba is open to any two people, marriages performed there have to be registered in the islands.

Netherlands Antillean guilder

The Netherlands Antillean guilder is the currency of Curaçao and Sint Maarten, which until 2010 formed the Netherlands Antilles along with Bonaire, Saba, and Sint Eustatius. It is subdivided into 100 cents. On January 1st 2011, in the islands of Bonaire, Saba and Sint Eustatius, the guilder was replaced by the United States dollar. On Curaçao and Sint Maarten, the Netherlands Antillean guilder was proposed to be replaced by a new currency, the Caribbean guilder, but this was stalled indefinitely by negotiations over the establishment of a separate central bank for Curaçao. In November 2020, the Central Bank announced the introduction of the replacement guilder, which would have been implemented in the first half of 2021, but it was delayed.

Sint Maarten Country on the Caribbean island of Saint Martin, part of the Kingdom of the Netherlands

Sint Maarten is a constituent country of the Kingdom of the Netherlands in the Caribbean. With a population of 41,486 as of January 2019 on an area of 41.44 km2 (16.00 sq mi), it encompasses the southern 40% of the divided island of Saint Martin, while the northern 60% of the island constitutes the French overseas collectivity of Saint Martin. Sint Maarten's capital is Philipsburg. Collectively, Sint Maarten and the other Dutch islands in the Caribbean are often called the Dutch Caribbean.

Charter for the Kingdom of the Netherlands Legal document describing the political relationship between the Kingdoms constituent countries

The Charter for the Kingdom of the Netherlands is a legal instrument that sets out the political relationship between the four countries that constitute the Kingdom of the Netherlands: Aruba, Curaçao, and Sint Maarten in the Caribbean and the Netherlands in Europe. It is the leading legal document of the Kingdom. The Constitution of the Netherlands and the Basic Laws of the three other countries are legally subordinate to the Charter.

Dissolution of the Netherlands Antilles 2010 dissolution of the autonomous Caribbean country of the Netherlands

The Netherlands Antilles was an autonomous Caribbean country within the Kingdom of the Netherlands. It was dissolved on 10 October 2010.

The Roman Catholic Church in the Caribbean part of the Kingdom of the Netherlands is part of the worldwide Roman Catholic Church, under the spiritual leadership of the Pope in Rome.

The Joint Court of Justice of Aruba, Curaçao, Sint Maarten, and of Bonaire, Sint Eustatius and Saba serves the three Caribbean countries of the Kingdom of the Netherlands and the three Caribbean special municipalities of the Netherlands. The court primarily hears disputes in first instance and on appeal of these six islands, and is on the same level as similar courts in the Netherlands. Since 2012, the court has also been authorized to hear inquiry procedures originated on Curaçao, of a type that would be heard in the Netherlands by the Enterprise Chamber in Amsterdam.

Kingdom of the Netherlands Sovereign state and constitutional monarchy

The Kingdom of the Netherlands, commonly known as simply the Netherlands, is a sovereign state and constitutional monarchy with 98% of its territory and population in Western Europe and with several small West Indian island territories in the Caribbean.

Index of Netherlands Antilles–related articles Wikipedia list article

The following is an alphabetical list of topics related to the former nation of the Netherlands Antilles.

Caribbean Netherlands Overseas region of the Netherlands

The Caribbean Netherlands are the three special municipalities of the Netherlands that are located in the Caribbean Sea. They consist of the islands of Bonaire, Sint Eustatius and Saba, although the term "Caribbean Netherlands" is sometimes used to refer to all of the islands in the Dutch Caribbean. In legislation, the three islands are also known as Bonaire, Sint Eustatius and Saba or the BES islands. The islands are currently classified as public bodies in the Netherlands and as overseas countries and territories of the European Union; thus, EU law does not automatically apply.

Visa policy of the Kingdom of the Netherlands in the Caribbean Policy on permits required to enter the Kingdom of the Netherlands in the Caribbean

A common visa exists since the end of 2010 for the territories of Aruba, Curaçao, Sint Maarten and the Caribbean Netherlands which form together the territory of the Kingdom of the Netherlands in the Caribbean. The visa is not valid for the European part of the Netherlands, which is part of the Schengen Area.

The Caribbean guilder is a proposed new currency of Curaçao and Sint Maarten, the Caribbean islands which became "landen" within the Kingdom of the Netherlands, following the dissolution of the Netherlands Antilles on 10 October 2010. The Caribbean guilder would replace the Antillean guilder at par and be pegged to the U.S. dollar. In November 2020, the Caribbean guilder was announced for circulation initially in 2021, but it was delayed again.

Dutch Caribbean Parts of the Kingdom of the Netherlands located in the Caribbean

The Dutch Caribbean are the territories, colonies, and countries, former and current, of the Dutch Empire and the Kingdom of the Netherlands in the Caribbean Sea. They are in the north and south-west of the long Lesser Antilles archipelago.

LGBT rights in Sint Maarten

Lesbian, gay, bisexual, and transgender (LGBT) persons in Sint Maarten may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Sint Maarten, a constituent country of the Kingdom of the Netherlands, but same-sex marriage is not legal. Same-sex couples with Dutch nationality must travel to the Netherlands to get married and legal protection of marriage is not unconditional.

Abortion law in Saint Kitts and Nevis, a country in the West Indies and a member of the Commonwealth of Nations, is modelled on British legislation. Abortion is permitted in circumstances where a woman's life is threatened by pregnancy.

Prostitution in the Dutch Caribbean is legal and regulated. At least 500 foreign women are reportedly working in prostitution throughout the islands. Bonaire, Sint Eustatius, and Curaçao are sex tourism destinations.

Same-sex marriage in Bonaire, Sint Eustatius and Saba is legal following the entry into force of a law enabling same-sex couples to marry on 10 October 2012.

References

  1. 1 2 Pheterson, Gail; Azize, Yamila (2010). "Safe Illegal Abortion: An Inter-Island Study in the Northeast Caribbean". University of Puerto Rico. Archived from the original on 19 August 2014. Retrieved 16 August 2014.
  2. 1 2 Allen, Rose Mary (2010). "The Complexity of National Identity Construction in Curaçao, Dutch Caribbean" (PDF). European Review of Latin American and Caribbean Studies. 89.
  3. 1 2 3 Pheterson, Gail; Azize, Yamila (2008). "Abortion within and around the law in the Caribbean". Puerto Rico Health Sciences Journal. 27 (1).
  4. ↑ "Opinion: Abortion". Today. 28 January 2014. Archived from the original on 19 August 2014. Retrieved 16 August 2014.
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