UAE Liberalizes Abortion Laws: Key Changes and New Permissible Cases

01 August 2024

Glory Sony

The UAE has recently undergone significant changes regarding abortion legislation. These revisions aim to strike a balance between respecting cultural and religious beliefs while prioritizing women's health and autonomy. This article dives into the key changes and newly permissible cases under the updated laws.

Dubai: The UAE has taken a significant step in liberalizing its stance on abortion with the introduction of a Major Legal Shift being Cabinet Resolution No. 44 of 2024 regarding the determination of permissible abortion cases. Effective as of June 21, 2024, this Resolution marks a notable departure from the previous restrictive laws, expanding the circumstances under which abortion is now permissible.

Shifting Landscape: Prior to the Reforms

Previously, abortions in the UAE were strictly limited. Termination was only permitted under exceptional circumstances, typically when the mother's life was deemed at risk. This often-left women with unwanted pregnancies facing limited options and potential legal repercussions.

The Winds of Change: Key Reforms Under the New Resolution

Expanded Permissible Cases

The new Resolution introduces three additional scenarios where abortion is legal:

1. Non-consensual Pregnancy:  If the pregnancy is a result of an act committed against the woman’s will, without her consent, or with forced or unreliable consent—in other words, as a result of rape.

2. Incestuous Pregnancy: If the person who impregnated the woman is a family member or a muhram (such as a father, brother, uncle, or grandfather).

3. Spousal Request: Abortion is also possible at the request of both spouses, subject to approval by a specialized medical committee.

Comparative Analysis: Previous vs. Current Legal Framework

Previous Legal Restrictions

Before this Resolution, the UAE’s abortion laws, governed by the Medical Liability Law (Federal Decree-Law No. 4 of 2016), were highly restrictive. Abortion was only permitted under two conditions:

1. Threat to the Mother’s Life: If the pregnancy posed a serious threat to the life of the mother.

2. Fetal Abnormalities: If severe fetal abnormalities were confirmed by medical reports, and the pregnancy had not exceeded 120 days.

Liberalized Approach

With the new Resolution, the UAE has broadened the permissible cases, reflecting a more progressive stance. This change aims to protect women’s health, safety, and stability by providing clear guidelines and expanding the conditions under which abortion is allowed.

Creation of Medical Committees

The Resolution mandates the creation of a medical committee (“Committee”) under every health authority to oversee abortions. These committees will consist of three doctors, including a specialist in obstetrics and gynecology. They will be responsible for approving or rejecting abortion requests based on substantiated medical reasoning.

Detailed Conditions for Abortion

The Resolution outlines nine specific conditions that must be met for an abortion to be performed:

1. The medical facility must be licensed to perform abortions.

2. The abortion must be performed by a specialist in obstetrics and gynecology.

3. The abortion must not endanger the pregnant woman’s life.

4. The abortion must take place within 120 days of the pregnancy.

5. Written consent from the pregnant woman is required prior to the procedure. If her consent cannot be obtained, consent can be received from the husband or the woman’s guardian. Written consent is not required in emergencies.

6. Non-Emirati pregnant women must have valid residency for at least one year from the date of applying for an abortion.

7. The doctors in charge at the medical facility must provide a detailed report on the pregnancy and the abortion.

8. The Committee must approve the abortion.

9. The pregnant woman must receive medical and social consultations before and after the abortion.

Objective of the Resolution

The Resolution has two main objectives:

1. Protect Women’s Health and Safety: By regulating permissible abortion cases and clarifying conditions, restrictions, and procedures.

2. Curb Illegal Practices: To limit dangerous illegal abortions.

Moving Forward: Transparency and Access

While these reforms represent a positive step, there are still aspects to consider:

·        Clear Guidelines: Developing clear and readily available guidelines for healthcare providers regarding the permissible cases can ensure consistent implementation and reduce confusion.

·        Reduced Stigma: Combating social stigma surrounding abortion is crucial. Public awareness campaigns promoting reproductive health education and emphasizing the legality of abortion in permissible cases can play a significant role.

In Conclusion

Cabinet Resolution No. 44 of 2024 represents a significant liberalization of abortion laws in the UAE, expanding the permissible cases and establishing a comprehensive framework to ensure the health and safety of women. This progressive change reflects the UAE’s commitment to addressing sensitive health issues within a regulated and protective legal structure.

The UAE's recent legal changes regarding abortion reflect a growing recognition of women's rights and the need for safe and accessible reproductive healthcare. While further developments are likely, these initial reforms lay the groundwork for a more progressive and women-centered approach to abortion in the UAE.

ALKETBI TOUCH:

ALKETBI team is highly skilled and frequently provides legal assistance specializing in providing guidance on the legal nuances of the new abortion laws. This includes understanding the specific conditions that qualify for a legal abortion, the receiving of consent process, and ensuring medical providers adhere to the updated regulations. We also act while ensuring the child's best interests. if a mother faces challenges accessing a legal abortion due to misinformation, lack of clarity from healthcare providers, or potential pressure from family members, we can advocate for her rights and ensure she receives the proper care and support throughout the process.