Abortion now allowed in rape, incest cases as new law issued

UAE abortion law

The UAE has introduced significant changes to its abortion laws, specifying three additional instances in which the procedure is permissible. A cabinet resolution, seen by Khaleej Times, now allows licensed physicians to perform abortions if the pregnancy results from rape or incest. Additionally, abortions can be carried out at the request of both spouses, subject to approval by a designated committee.

These changes expand the conditions under which abortions can legally occur in the UAE. Previously, the procedure was only allowed if the pregnancy endangered the woman’s life or if the fetus was proven to be deformed. With the new resolution, abortions can now be performed in five distinct scenarios.

Key Conditions for Legal Abortions

The resolution outlines specific conditions under which abortions can be performed. A specialist obstetrician-gynaecologist, licensed to practice in the UAE, may carry out the procedure only at healthcare facilities authorized to do so. The woman must receive medical and social counseling before and after the abortion to ensure comprehensive care. Additionally, abortions should only be performed if they do not pose medical complications that could endanger the woman's life. The gestational age at the time of the abortion must not exceed 120 days.

In cases of rape or incest, an official report from the public prosecution is required to support the claims. This ensures that the legal framework is strictly adhered to, providing a structured and safeguarded process for those seeking abortions under these circumstances.

Legal and Social Implications

Dr. Habib Al Mulla, founder of Habib Al Mulla and Partners, emphasized that the resolution aims to safeguard women's health and curb illegal and unsafe abortion practices. The Ministry of Health and Prevention (MoHAP) earlier revealed that a committee will be formed within each health authority to oversee abortion requests. This committee will include specialists in obstetrics, gynecology, psychiatry, and a representative from the Public Prosecution.

Legal expert Samara Iqbal, founding partner of Aramas International Lawyers, highlighted that the new law marks a significant shift in the UAE's approach to reproductive rights. The legislation not only allows abortions 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 aligns with many international standards by introducing specific gestational limits for when abortions can be performed.

Broader Legal Reforms and Women's Rights

Iqbal noted that this reform is part of the UAE’s broader efforts to modernize its legal system, reflecting a progressive move towards enhancing women's autonomy and health. Women's rights in the UAE have seen considerable progress in recent years, with reforms aimed at promoting gender equality and enhancing women’s social and economic participation. Legal reforms have also improved protections against domestic violence and discrimination.

The new abortion law aligns with advancements in the UAE’s family courts, particularly with the Abu Dhabi Civil Court. Here, women have the right to apply for no-fault divorce and claim more rights concerning spousal maintenance. These legal reforms signify a commitment to enhancing women's rights and providing them with greater control over their lives and bodies.

Impact on Expatriates

The new law applies to both Emiratis and expatriates. However, non-Emiratis must have been legally residing in the UAE for at least a year before submitting a request for an abortion. This stipulation ensures that the law is accessible to those who have established a legal and social presence in the country.

The introduction of these new conditions for abortion is a notable step in the UAE's journey towards modernizing its legal framework and ensuring the health and rights of women are protected. By expanding the grounds on which abortions can be performed, the UAE is making a significant effort to limit illegal abortion practices and provide safe, regulated options for women facing difficult circumstances.