Abortion in the United Arab Emirates

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Abortion in the United Arab Emirates (UAE) is only legal in five instances: [1] if the pregnancy is the result of rape; if the pregnancy is a result of incest; at the request of the couple after the approval of a regulatory committee; if the continuation of the pregnancy puts the woman's life in danger; if the foetus is deformed. [a]

Contents

In addition, the abortion must be performed within 120 days of pregnancy. [2] The regulatory committee must comprise of an obstetrics and gynaecology specialist, a psychiatry specialist, and a representative from the Public Prosecution according to The Ministry of Health and Prevention. [3] Non-citizen pregnant women must hold a valid UAE residency permit for a minimum of one year. Prior to 2024, the UAE did not permit abortions in cases of rape or incest. [4] [5] The legislation change aimed to reduce illegal and unsafe abortions. [6] Since the change, abortion laws within the country have been described as less restrictive than some American states which do not permit abortions in cases of rape or incest, following the overturning of Roe v. Wade . [7]

Legality

Abortion law within the country is based on Sharia law (Islamic law), and was described as restrictive in 2007. [8] Due to an absence of legal framework at the time detailing the cases in which abortions were allowed, very few abortions were carried out legally. [9] Following the issue of the Medical Liability Law signed by Sheikh Khalifa bin Zayed Al Nahyan clarifying the circumstances in which abortions were allowed, the number began to increase, averaging at about 25 abortions per year in Corniche Hospital Abu Dhabi from 2013 to 2015. [9]

Since then, substantial progress has been made in broadening the conditions under which abortions are permitted. As of 2019, the UAE is one of three countries in the Middle East and North Africa to extend circumstances in which abortion is allowed. [10] In addition, abortion laws within the country have been described as less restrictive than some American states following the overturning of Roe v. Wade . [7] UAE Federal Penal Code No. 3 of 1987 regulates the provisions of abortion under the "infringement on human life and bodily integrity". [11] :6 Abortion is defined as an any act that may lead to the death of a foetus or its exit from the womb before the natural date of birth. Under article 40 of the UAE Penal Code, whoever intentionally aborts may face imprisonment. The law does not punish for the crime of abortion unless it is intentional, so the crime is not committed by someone who accidentally causes a pregnant woman to miscarry, even in grave error. The Penal Code does not address the criminilization of induced abortion resulting in death; [11] :18–19 however, article 87 of the Penal Code states that if multiple crimes are committed, the crime with the most severe penalty must be considered. [11] :19 In a 2021 case where a man beat his pregnant wife leading to the possibility of losing the foetus, the man was found guilty of assault and was ordered to pay AED 15,000. [12] Such incidents have led to questioning on the possibility of legal loopholes. [11] :20–21 Assisting in an abortion illegally is a criminal offence punishable of up to seven years in prison. [13]

Although abortions are currently permitted only if the pregnancy is under 120 days, many medical professionals in the country have advocated for a change in the law to allow abortions beyond this period, citing the inability to detect certain deformities before 120 days. [14]

History

Unwanted pregnancies have led to women in the UAE illegally procuring abortions or abandoning babies. [15] A 2011 report by Gulf News found that the illegality and inaccessibility of abortion resulted in women purchasing cheap ulcer medication to end unwanted pregnancies. [16] In an interview with a Filipino expatriate who sold such pills, she stated that demand for the tablets had grown due to social and moral values shifting while laws had not. The report found that such tablets did not guarantee an induced abortion, with failure in 15-20% of cases, and could result in death through bleeding or infection in rare cases. The demand for such pills were attributed to article 356 of the UAE Penal Code enforcing imprisonment and then deportation to mothers of children born out of wedlock. [16] Such abortion pills sold on black markets can cost as much as AED 5000, while the price of such pills in most European countries is only AED 160. [13] There have been several instances of arrests involving illegal abortions. [17] [18]

In October 2023, a legislation change allowed women to undergo abortions without spousal consent and permitted private licensed clinics to perform the procedure. [19] In June 2024, it was announced that the circumstances in which an abortion could be obtained had extended to include rape and incest. [1]

Notes

  1. The deformation could negatively impact the child's quality of life.

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Public opinion on abortion has changed dramatically in Ireland. Abortion in Ireland is regulated by the Health Act 2018. Abortion is permitted in Ireland during the first twelve weeks of pregnancy, and later in cases where the pregnant woman's life or health is at risk, or in the cases of a fatal foetal abnormality. Abortion services commenced on 1 January 2019, following its legalisation by the aforementioned Act, which became law on 20 December 2018. Previously, the 8th Constitutional Amendment had given the life of the unborn fetus the same value as that of its mother, but the 36th constitutional amendment, approved by referendum in May 2018, replaced this with a clause permitting the Oireachtas (parliament) to legislate for the termination of pregnancies.

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

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Chile's abortion laws have evolved significantly in recent years. Since 2017, abortion has been legal under three specific circumstances: when the woman's life is at risk, in cases of rape, and in instances of severe fetal malformations. Despite these legal changes, some medical professionals refuse to perform abortions, particularly in rape cases.

The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States. The MPC was a project of the American Law Institute (ALI), and was published in 1962 after a ten-year drafting period. The chief reporter on the project was Herbert Wechsler, and contributors included Sanford Kadish and numerous other noted criminal law scholars, prosecutors, and defense lawyers.

Abortion in Israel is permitted when determined by a termination committee, with the vast majority of cases being approved, as of 2019. The rate of abortion in Israel has steadily declined since 1988, 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. 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.

Abortion is illegal in El Salvador. The law formerly permitted an abortion to be performed under some limited circumstances, but in 1998 all exceptions were removed when a new abortion law went into effect.

Abortion in Switzerland is legal during the first twelve weeks of pregnancy, upon condition of counseling, for women who state that they are in distress. It is also legal with medical indications – threat of severe physical or psychological damage to the woman – at any later time. Switzerland is among the developed nations with the lowest rates of abortions and unwanted pregnancies.

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

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Abortion in Panama is illegal except in instances that the pregnancy is life-threatening or the health of the woman is at risk, or if the pregnancy is the result of rape or incest.

<span class="mw-page-title-main">Abortion law in the United States by state</span>

The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly, depending on the laws of each state or other jurisdiction, although there is no uniform federal law. Some states prohibit abortion at all stages of pregnancy, with few exceptions; others permit it up to a certain point in a woman's pregnancy, while some allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.

Abortion in Costa Rica is severely restricted by criminal law. Currently, abortions are allowed in Costa Rica only in order to preserve the life or physical health of the woman. Abortions are illegal in almost all cases, including when the pregnancy is a result of rape or incest and when the foetus suffers from medical problems or birth defects. Both social and economic factors have led to this legal status. It remains unclear whether abortions are legal to preserve the mental health of the woman, though the 2013 United Nations abortion report says Costa Rica does allow abortions concerning the mental health of a woman.

The legal system in the United Arab Emirates is based on civil law, and Sharia law in the personal status matters of Muslims and blood money compensation. Personal status matters of non-Muslims are based on civil law. The UAE constitution established a federal court system and allows all emirates to establish local courts systems. The emirates of Abu Dhabi, Dubai and Ras Al Khaimah have local court systems, while other emirates follow the federal court system. Some financial free trade zones in Abu Dhabi and Dubai have their own legal and court systems based on English common law; local businesses in both emirates are allowed to opt-in to the jurisdiction of common law courts for business contracts.

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.

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.

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

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<span class="mw-page-title-main">Marriage in the United Arab Emirates</span>

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References

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