UAE Legal Reform Permits Abortion in Cases of Rape and Incest, Marking Landmark Change

The UAE is set to allow women to undergo abortions in cases of rape or incest, marking a significant milestone in the nation's evolving abortion laws. This legal reform aims to enhance the health and safety of women living in the Emirates.

The Cabinet Resolution No. (44) of 2024, pertaining to the Medical Liability Law, stipulates that abortion is permitted "if the pregnancy is the result of intercourse with a female against her will, without her consent, or without adequate volition" and "if the person who caused the pregnancy is an ancestor of the woman or one of her mahram relatives". To proceed with the abortion, the rape or incest must be promptly reported to authorities and subsequently validated by an official report from the Public Prosecution.

The law mandates that the fetus must be less than 120 days old at the time of the abortion procedure. Additionally, the abortion should be performed without any medical complications that may endanger the woman’s life. This new regulation applies to residents who have lived in the UAE for at least a year.

Stay informed with the latest news. Follow DXB News Network on WhatsApp Channel    

A source close to the matter emphasized the necessity of this legislation, stating, "The UAE has a penal code and has laws and procedures in place to penalize and hold perpetrators accountable. What we needed now were legislations to help resolve what may have resulted because of these crimes. We needed legislations to protect women, children, and families." The source added that women often resorted to unlicensed clinics or traveled abroad for abortions, thereby risking their lives in the process.

Under Article (406) of The Crimes and Penalties Law, the punishment for rape in the UAE includes life imprisonment and the death penalty if the victim is under the age of 18, has a physical disability, suffers from a health condition that renders her unable to resist, or if the perpetrator is one of the victim's ascendants or non-marriageable relatives. The new cabinet resolution will take effect once it is published in the UAE's Official Gazette.

Dr. Paul Bosio, Chief Medical Officer at Corniche Hospital in Abu Dhabi, welcomed the resolution, calling it a significant positive development. “The new cabinet resolution aims to preserve the health and safety of women and society,” he told The National. He noted that the existing law already allowed for abortions in cases where pregnancies posed severe risks to the mother's life or involved deadly abnormalities in the baby. The new resolution expands the criteria to include pregnancies resulting from coercion, invalid consent, or incestuous relationships, while ensuring that the mother has full authority to request the procedure.

The new directives are part of the UAE's ongoing efforts to reform its abortion laws. In October, new legislation enabled women to undergo emergency abortions without their husband's consent if a medical report indicated that their own life or that of their unborn child was at risk. The procedure is granted after the woman's consent, or if her consent is not possible, the consent of her husband or guardian. In emergency cases where a life is immediately in danger, no consent is required.

Stay informed with the latest news. Follow DXB News Network on WhatsApp Channel    

Earlier this month, the Ministry of Health and Prevention issued new protocols to define and regulate cases of permissible abortion in the UAE. These regulations require that abortion requests be decided by a dedicated committee formed within each health authority. The committee should include three doctors—one obstetrics and gynecology specialist, one psychiatry specialist, and a representative of the public prosecution.

The regulation mandates that the abortion procedure be performed in a healthcare facility licensed by the competent health authority and by a licensed specialist obstetrician-gynecologist. It also requires that the abortion be free of any medical complications that may put the pregnant woman’s life at risk. Additionally, the resolution mandates medical and social counseling for women before and after the procedure.

Byron James, partner and head of UAE firm Expatriate Law, praised the new legislation as a significant advancement in women's healthcare and legal rights in the UAE. “By clearly defining permissible cases and establishing stringent procedures, it not only protects women's health but also aligns with international best practices,” he said.

This legal reform is part of a broader trend of changing abortion laws worldwide. Abortion remains prohibited in 24 countries, including Andorra, Poland, the Dominican Republic, Egypt, El Salvador, Jamaica, Iraq, Malta, the Philippines, and Sierra Leone. In contrast, some countries, like France, have made a woman's choice to request an abortion a constitutional right, while others, such as Mexico, Argentina, Colombia, and Ireland, have relaxed their abortion restrictions.

In June 2022, the US Supreme Court overturned the constitutional right to an abortion by reversing Roe v. Wade, which had been upheld for about half a century. This decision resulted in abortion being completely banned in 14 states, with others enacting laws or holding ballot referendums to protect abortion rights.

The UAE's new abortion legislation marks a significant step forward in protecting women's health and rights, setting an example for progressive and safe abortion laws globally

#trending #latest #UAE #AbortionLawReform #WomensRights #HealthAndSafety #LegalReform #ReproductiveHealth #WomensHealthcare #MedicalLaw #HumanRights #ProgressiveLegislation #breakingnews #worldnews #headlines #topstories #globalUpdate #dxbnewsnetwork #dxbnews #dxbdnn #dxbnewsnetworkdnn #bestnewschanneldubai #bestnewschannelUAE #bestnewschannelabudhabi #bestnewschannelajman #bestnewschannelofdubai #popularnewschanneldubai

SeaWorld Yas Island and the Yas SeaWorld Research & Rescue Center have received accreditation from the Association of Zoos & Aquariums (AZA), becoming only the...Read More.

Authorities were first alerted in March by food inspectors. After months of surveillance, they arrested the pizzeria's manager at his residence, uncovering a dr...Read More.