The UAE is to permit women to undergo abortions in cases where the pregnancy was a result of rape or incest.
The decision marks a key milestone in the UAE's evolving abortion laws, with experts saying it will serve to bolster the health and safety of women living in the Emirates.
The Cabinet Resolution No. (44) of 2024 related to the Medical Liability law states that abortion is allowed "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 [ineligible for marriage] relatives".
The rape or incest must be immediately reported to authorities and subsequently proven by an official report from the Public Prosecution.
The foetus must be less than 120 days old at the time of the abortion procedure, the resolution states, and the abortion should be free of any medical complications that may put the woman’s life at high risk.
The law applies to residents who have been in the UAE for at least a year.
"The UAE has a penal code and has laws and procedures in place to penalise and hold perpetrators accountable, what we needed now were legislations to help resolve what may have resulted because of these crimes," a source close to the matter said.
"We needed legislations to protect women, children and families."
She said women would often resort to unlicensed clinics or travel abroad for abortions "risking their life in the process".
According to Article (406) of The Crimes and Penalties Law, the punishment for rape in the UAE is life imprisonment and the death penalty if the victim is under the age of 18 or "has a physical disability or 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 cabinet resolution will come into effect once announced in the UAE's Official Gazette.
Positive step
Dr Paul Bosio, chief medical officer at Corniche Hospital in Abu Dhabi, has welcomed the resolution.
“The new cabinet resolution aims to preserve the health and safety of women and society and as such, it is a significant positive development," he told The National.
He said the existing law already allowed for abortions when pregnancies affected by severe risks to the life of the mother and deadly abnormalities in the baby.
"This resolution now adds pregnancies through coercion, invalid consent or incestuous relationships as possible indications as well as giving the mother the full consent and authority to request the procedure," he said.
"In addition, the resolution puts in place strict processes to authorise, deliver and control all abortion cases. Although the new indications are extremely rare occurrences, these new provisions make this law now one of the most progressive and safe abortion laws in the world."
The new directives are the latest significant change to the UAE's abortion laws.
In October, new legislation came into effect enabling women in the country to undergo emergency abortions without the consent of their husband.
It allows women to terminate their pregnancy if a medical report states that their own life, or that of their unborn child, is at risk.
The procedure is only granted after the woman has given her consent, or if her consent is not possible, her husband or guardian. The consent of any of them is not required in emergency cases where a life is immediately in danger.
Stringent rules in place
Earlier this month, the Ministry of Health and Prevention issued new protocols to define and regulate cases of permissible abortion in the UAE.
The new regulations stipulate that the decision on abortion requests shall be made by a dedicated committee that will be formed within each health authority, by the health minister or the head of an emirate’s health authority.
The committee should comprise three doctors, one of them is an obstetrics and gynaecology specialist, the second is a psychiatry specialist, in addition to a representative of the public prosecution.
The regulation mandates that the abortion procedure should be performed in a healthcare facility licensed by the competent health authority and by a specialist obstetrician-gynecologist licensed to practise within the country, and that the abortion should be free of any medical complications that may put the pregnant woman’s life at risk.
Additionally, the resolution mandates medical and social counselling for women, before and after the procedure.
Protecting women's rights
"This new legislation marks a significant advancement in women's healthcare and legal rights in the UAE," said Byron James, partner and head of UAE firm Expatriate Law.
"By clearly defining permissible cases and establishing stringent procedures, it not only protects women's health but also aligns with international best practices.
“One of the primary objectives of the new legislation is to protect women's health and maintain societal stability by clearly defining the conditions and procedures for permissible abortions. Additionally, the legislation aims to minimise illegal and unsafe abortion practices, addressing a growing concern in recent years.
“Under the new regulations, abortions are explicitly permitted in cases of rape or incest, provided these situations are supported by an official report from the competent public prosecution."
A changing legal landscape
Abortion is prohibited in 24 countries, including Andorra, Poland, the Dominican Republic, Egypt, El Salvador, Jamaica, Iraq, Malta, the Philippines and Sierra Leone.
In March, France became the first country in the world to make a woman's choice to request an abortion a right enshrined in the constitution.
Other countries, such as Mexico, Argentina, Colombia and Ireland, have relaxed abortion restrictions. In 2018, Ireland voted to remove an abortion ban from its constitution, and the procedure is now permitted up to the 12th week of pregnancy, when the health or life of a mother is at risk, or when the foetus has a congenital defect.
In June 2022, the US Supreme Court overturned the constitutional right to an abortion, reversing Roe v Wade, which was upheld for about half a century.
The decision meant that abortion is completely banned in 14 states, while two – Georgia and South Carolina – have banned abortion past about six weeks of pregnancy.
Other states have enacted laws or held ballot referendums to protect abortion rights.
