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| == Background == | == Background == | ||
| Abortion law within the country is based on ] law (Islamic law), and has been described as restrictive.<ref>{{cite journal |last1=Hessini |first1=Leila |title=Abortion and Islam: Policies and Practice in the Middle East and North Africa |journal=Reproductive Health Matters |date=2007 |volume=15 |pages=75-84 |doi=10.1016/S0968-8080(06)29279-6 |url=https://www.tandfonline.com/doi/full/10.1016/S0968-8080%2806%2929279-6}}</ref> Despite that, as of 2019, the UAE is one of three countries in the Middle East and North Africa to extend circumstances in which abortion is allowed.<ref>{{cite journal |last1=Maffi |first1=Irene |last2=Tønnessen |first2=Liv |title=The Limits of the Law: Abortion in the Middle East and North Africa |journal=Health and Human Rights Journal |date=9 December 2019 |volume=21 |page=5 |url=https://www.hhrjournal.org/2019/12/09/editorial-the-limits-of-the-law-abortion-in-the-middle-east-and-north-africa/}}</ref> UAE Federal Penal Code No. 3 of 1987 regulates the provisions of abortion under the "infringement on human life and bodily integrity".<ref name="ahjaila">{{cite journal |last1=Ahjaila |first1=Abdullah |title=The Legal Provisions of Induced Abortion Leading to Death In the Jordanian and the UAE Legislations |journal=UAEU Law Journal |date=April 2018 |volume=2018 |issue=74 |url=https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2018/iss74/10/ |language=ar}}</ref>{{rp|6}} Abortion is defined as an any act that may lead to the death of a foetus or its exit from the womb before the natural date of birth. Under article 40 of the UAE Penal Code, whoever intentionally aborts may face imprisonment. The law does not punish for the crime of abortion unless it is intentional, so the crime is not committed by someone who accidentally causes a pregnant woman to miscarry, even in grave error. The Penal Code does not address the criminilization of induced abortion resulting in death;<ref name="ahjaila" />{{rp|18-19}} however, Article 87 of the Penal Code states that if multiple crimes are committed, the crime with the most severe penalty must be considered.<ref name="ahjaila" />{{rp|19}} In a 2021 case where a man beat his pregnant wife leading to the possibility of losing the baby, the man was found guilty of assault and was ordered to pay ] 15,000.<ref>{{cite web |last1=Sebugwaawo |first1=Ismail |title=UAE: Man found guilty of beating pregnant wife, told to pay Dh15,000 compensation |url=https://www.khaleejtimes.com/ta/news/crime-and-courts/uae-man-found-guilty-of-beating-pregnant-wife-told-to-pay-dh15000-compensation |website=Khaleej Times |access-date=5 January 2025 |date=14 February 2021}}</ref> Such incidents have led to questioning on the possibility of legal ]s.<ref name="ahjaila" />{{rp|20-21}} | |||
| ⚫ | A 2011 report by ] found that the illegality and inaccessibility of abortion resulted in women purchasing cheap ulcer medication to end unwanted pregnancies.<ref name="gulfnews">{{cite web |last1=Asger |first1=Muby |title=Illegal abortions a fatal choice |url=https://gulfnews.com/uae/illegal-abortions-a-fatal-choice-1.834605 |website=Gulf News |access-date=5 January 2025 |archive-url=https://web.archive.org/web/20210515111053/https://gulfnews.com/uae/illegal-abortions-a-fatal-choice-1.834605 |archive-date=15 May 2021 |date=7 July 2011 |url-status=live}}</ref> In an interview with a ] who sold such pills, she stated that demand for the tablets had grown due to social and moral values shifting while laws had not. The report found that such tablets did not guarantee an induced abortion, with failure in 15-20% of cases, and could result in death through bleeding or infection in rare cases. The demand for such pills were attributed to the former law enforcing imprisonment and then deportation to mothers with children born out of wedlock. | ||
| ⚫ | A 2011 report by ] found that the illegality and inaccessibility of abortion resulted in women purchasing cheap ulcer medication to end unwanted pregnancies.<ref name="gulfnews">{{cite web |last1=Asger |first1=Muby |title=Illegal abortions a fatal choice |url=https://gulfnews.com/uae/illegal-abortions-a-fatal-choice-1.834605 |website=Gulf News |access-date=5 January 2025 |archive-url=https://web.archive.org/web/20210515111053/https://gulfnews.com/uae/illegal-abortions-a-fatal-choice-1.834605 |archive-date=15 May 2021 |date=7 July 2011 |url-status=live}}</ref> In an interview with a ] who sold such pills, she stated that demand for the tablets had grown due to social and moral values shifting while laws had not. The report found that such tablets did not guarantee an induced abortion, with failure in 15-20% of cases, and could result in death through bleeding or infection in rare cases. The demand for such pills were attributed to the former law enforcing imprisonment and then deportation to mothers with children born out of wedlock. | ||
| Police found 154 newborns abandoned in the UAE between 2004 and 2009.<ref name="gulfnews" /> A man faced charges of pre-meditated murder after it was revealed he aborted a foetus that was born alive but died within hours. | |||
| == References == | == References == | ||
Revision as of 09:45, 5 January 2025
Abortion in the United Arab Emirates (UAE) is only legal in five instances:
- If the pregnancy is the result of sexual intercourse against the woman’s will or without her consent.
- If the pregnancy is a result of incest, meaning, if the person responsible for the pregnancy is from the woman's lineage or her relatives.
- At the request of the spouses after the approval of a regulatory committee. The nature of the requests that spouses can make has not been detailed in the resolution.
- If the continuity of the pregnancy endangers the pregnant woman's life.
- If the foetus' deformation is proved. The deformation must be severe, and could affect the newborn’s health and life.
In addition, the duration of the pregnancy at the time of the abortion must not exceed 120 days. The regulatory committee must comprise of an obstetrics and gynaecology specialist, a psychiatry specialist, and a representative from the Public Prosecution. If the pregnant woman is not a citizen, she must have a valid UAE residency permit for at least one year. Prior to 2024, the UAE did not permit abortions in cases of rape or incest. The legislation change aimed to reduce illegal and unsafe abortions.
Background
Abortion law within the country is based on Sharia law (Islamic law), and has been described as restrictive. Despite that, as of 2019, the UAE is one of three countries in the Middle East and North Africa to extend circumstances in which abortion is allowed. UAE Federal Penal Code No. 3 of 1987 regulates the provisions of abortion under the "infringement on human life and bodily integrity". Abortion is defined as an any act that may lead to the death of a foetus or its exit from the womb before the natural date of birth. Under article 40 of the UAE Penal Code, whoever intentionally aborts may face imprisonment. The law does not punish for the crime of abortion unless it is intentional, so the crime is not committed by someone who accidentally causes a pregnant woman to miscarry, even in grave error. The Penal Code does not address the criminilization of induced abortion resulting in death; however, Article 87 of the Penal Code states that if multiple crimes are committed, the crime with the most severe penalty must be considered. In a 2021 case where a man beat his pregnant wife leading to the possibility of losing the baby, the man was found guilty of assault and was ordered to pay Dhs 15,000. Such incidents have led to questioning on the possibility of legal loopholes.
A 2011 report by Gulf News found that the illegality and inaccessibility of abortion resulted in women purchasing cheap ulcer medication to end unwanted pregnancies. In an interview with a Filipino expatriate who sold such pills, she stated that demand for the tablets had grown due to social and moral values shifting while laws had not. The report found that such tablets did not guarantee an induced abortion, with failure in 15-20% of cases, and could result in death through bleeding or infection in rare cases. The demand for such pills were attributed to the former law enforcing imprisonment and then deportation to mothers with children born out of wedlock.
References
- Barakat, Waad (25 June 2024). "UAE: Abortions allowed in 5 cases; all you need to know about the new law". Khaleej Times. Archived from the original on 29 December 2024. Retrieved 5 January 2025.
- Tesorero, Angel (8 June 2024). "UAE ministry announces abortion regulations". Khaleej Times. Archived from the original on 11 August 2024. Retrieved 5 January 2025.
- Issa, Tala (27 June 2024). "UAE abortion laws now apply to cases of rape, incest: All you need to know". Arabian Business. Archived from the original on 11 July 2024. Retrieved 5 January 2025.
- "UAE to legalise abortion in cases of rape and incest in landmark reform". The Express Tribune. 21 June 2024. Archived from the original on 8 September 2024. Retrieved 5 January 2025.
- "Cabinet Resolution No. (44) of 2024 Concerning the Permitted Abortion Cases". uaelegislation.gov.ae. 2024. Archived from the original on 26 June 2024. Retrieved 5 January 2025.
- Hessini, Leila (2007). "Abortion and Islam: Policies and Practice in the Middle East and North Africa". Reproductive Health Matters. 15: 75–84. doi:10.1016/S0968-8080(06)29279-6.
- Maffi, Irene; Tønnessen, Liv (9 December 2019). "The Limits of the Law: Abortion in the Middle East and North Africa". Health and Human Rights Journal. 21: 5.
- ^ Ahjaila, Abdullah (April 2018). "The Legal Provisions of Induced Abortion Leading to Death In the Jordanian and the UAE Legislations". UAEU Law Journal (in Arabic). 2018 (74).
- Sebugwaawo, Ismail (14 February 2021). "UAE: Man found guilty of beating pregnant wife, told to pay Dh15,000 compensation". Khaleej Times. Retrieved 5 January 2025.
- Asger, Muby (7 July 2011). "Illegal abortions a fatal choice". Gulf News. Archived from the original on 15 May 2021. Retrieved 5 January 2025.
