UAE: Abortion now allowed in rape, incest cases as new law issued
- Sulaiman Umar
- 24 Jun, 2024
- 352
The UAE has specified three additional instances where pregnancy abortions will be permitted. According to a cabinet resolution — a copy of which Khaleej Times has seen — a licensed physician can perform the procedure if the pregnancy is a result of rape or incest; or at the “request of the spouses after approval by a designated committee".
The nature of the requests that spouses can make has not been detailed in the resolution. Non-consensual intercourse; or the person responsible for the pregnancy being from the woman's lineage or her relatives are now grounds for abortion. With the new resolution and the prevailing Medical Liability Law, abortions can now be done in five cases.
Previously, abortions were permitted only if the pregnancy endangers a woman's life or if it has been proven that the foetus is deformed.
As reported by Khaleej Times, parental/guardian consent shall not be a condition in emergency cases that require immediate surgical intervention.
The Ministry of Health and Prevention (MoHAP) had earlier revealed details about the committee that will be formed “within each health authority”. The committee comprises three members: Doctors specialised in obstetrics/gynaecology and psychiatry; and a representative of the Public Prosecution.
Legal experts told Khaleej Times that the decision aims to preserve women's health and to limit illegal practices related to unsafe procedures to abort unwanted pregnancies.
Dr Habib Al Mulla, founder of Habib Al Mulla and Partners, explained that in the first two instances, rape and incest must be supported by an official report from the public prosecution.
Key conditions
Provided that the stipulated conditions are met, a specialist obstetrician-gynaecologist licensed to practise within the country may perform the procedure only at a healthcare facility licensed to do so.
According to the resolution, the woman must be offered “medical and social counselling” before and after the procedure.
An abortion should be performed only if it won’t result in medical complications that may put the pregnant woman’s life at risk.
The duration of the pregnancy at the time of the operation must not exceed 120 days.
The law is applicable to both Emiratis and expats. Non-Emiratis must have been legally residing in the UAE for at least a year before the date of submitting the request.
International standards
Samara Iqbal, founding partner of Aramas International Lawyers, said the new law represents a “major shift” in the country's approach to reproductive rights.
“It expands the conditions under which abortion is permissible, now allowing the procedure not only when the mother's life is at risk but also when her physical or mental health is seriously threatened, and in cases of rape or incest. The law introduces specific gestational limits for when abortions can be performed, aligning with many international standards.”
The expert said the reform is part of the UAE's broader efforts to modernise its legal system, “reflecting a progressive move towards enhancing women's autonomy and health”.
“Women's rights in the UAE have seen significant progress in recent years, with reforms aimed at promoting gender equality and enhancing women's social and economic participation. Legal reforms have improved protections against domestic violence and discrimination.
“I think it’s brilliant what the UAE is trying to achieve by passing this law. This aligns with the advancement of the family courts in the UAE, mainly with the Abu Dhabi Civil Court in which women have the right to apply for no fault divorce and to claim more rights in terms of spousal maintenance,” added Samara.
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