UAE Issues New Law Allowing Abortion in Rape and Incest Cases

HiDubai Newswire -

UAE Expands Abortion Criteria to Safeguard Women's Health and Rights.

In a significant legal reform aimed at safeguarding women's health and rights, the United Arab Emirates (UAE) has expanded the criteria under which abortions can be performed. A new cabinet resolution specifies three additional instances where abortion procedures will now be permitted, according to a report.

Previously, abortions in the UAE were only allowed if the pregnancy endangered the woman's life or if there was proof of fetal deformity. The recent resolution broadens these conditions, allowing abortions in cases where the pregnancy is a result of rape or incest, or upon the request of spouses following approval by a designated committee.

The decision marks a departure from previous stringent regulations and aims to address illegal practices related to unsafe abortions. Dr. Habib Al Mulla, founder of Habib Al Mulla and Partners, emphasized that for cases involving rape and incest, official reports from the public prosecution are required to support the claims.

Key conditions

  • A licensed specialist obstetrician-gynaecologist in the UAE can perform abortions at authorized healthcare facilities, subject to specific conditions.
  • Before and after the procedure, women must receive medical and social counseling as mandated by the resolution.
  • Abortions are permissible only if they do not pose a risk to the pregnant woman's life due to medical complications.
  • The procedure must be performed within 120 days of pregnancy duration.
  • The law applies to both Emiratis and expatriates; non-Emirati residents must have legally resided in the UAE for at least one year before requesting an abortion.

International standards

Samara Iqbal, founding partner of Aramas International Lawyers, hailed the reform as a "major shift" in the UAE's approach to reproductive rights, noting that it aligns with international standards by considering the physical and mental health of women in addition to cases of rape and incest.

"This law reflects the UAE's progressive move towards enhancing women's autonomy and health,"

Iqbal commented.

"It is part of broader efforts to modernize the legal framework, promoting gender equality and improving protections against domestic violence and discrimination."

The reform applies uniformly to Emirati citizens and expatriates residing legally in the UAE for at least one year. Legal experts believe this development will have a positive impact on women's rights and contribute to a more inclusive legal environment in the UAE.

The establishment of a committee within each health authority, comprising specialists in obstetrics/gynaecology, psychiatry, and a representative from the Public Prosecution, underscores the government's commitment to ensuring the procedure is conducted responsibly and in line with legal requirements.

As the UAE continues its path of legal reform, including advancements in family court procedures and women's social and economic rights, experts anticipate further improvements in gender equality and healthcare access.

The new resolution marks a significant step forward in the UAE's efforts to protect women's health and rights, setting a precedent for other nations in the region to consider similar reforms in the future.

News Source: Khaleej Times