UAE permits abortion in cases of rape, incest in major reform

UAE Allow Abortions in Cases of Rape and Incest in Major Legal Reform

In Short:
The UAE has passed a resolution that allows abortions in cases of rape and incest.
The abortion must be free of medical complications and not endanger the woman’s life.
The new provision is being lauded for safeguarding and protecting women and families.

The United Arab Emirates is set to permit abortions in cases of rape and incest. This significant reform for the Islamic country marks an important development in the UAE’s abortion laws, aiming to ensure better health and safety for women. The new resolution represents a substantial shift in the nation’s approach to reproductive rights and the protection of women, reflecting a broader trend towards modernizing and updating laws to better align with international standards.

The Cabinet Resolution No. (44) of 2024, connected 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,” reports The National, the UAE’s state-owned English-language daily. This precise language ensures that the law specifically addresses situations of coercion and incest, providing legal clarity and protection for affected women.

The incident of rape or incest must be reported to the authorities immediately and proven by a report from the Public Prosecution, according to the Abu Dhabi-based newspaper. This requirement emphasizes the need for prompt reporting and legal documentation to ensure that the abortion is conducted within the legal framework. The pregnancy must be terminated within 120 days, and the abortion should be free of any medical complications that might endanger the woman’s life. This time frame and medical stipulation ensure that the procedure is conducted safely and within a period that minimizes health risks to the woman.

The resolution applies to people who have been in the UAE for at least a year. This residency requirement ensures that the law is applicable to long-term residents, reflecting the country’s approach to integrating legal protections within its specific demographic context.

“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,” a source told The National. “We need legislation to protect women, children, and families.” This statement underscores the necessity of comprehensive legal frameworks that not only punish offenders but also provide necessary support and options for victims.

According to Article (406) of The Crimes and Penalties Law, the punishment for rape is life imprisonment and death if the victim is below 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.” These severe penalties for rape reflect the UAE’s strict stance on sexual violence, emphasizing the gravity of such crimes and the importance of protecting vulnerable populations.

The resolution will come into effect once it is announced in the UAE’s Official Gazette. The formal announcement in the Official Gazette will make the resolution legally binding and enforceable, signaling a new era in the UAE’s legal landscape regarding reproductive rights.

“The new cabinet resolution aims to preserve the health and safety of women and society and, as such, it is a significant positive development,” Dr. Paul Bosio, chief medical officer at Corniche Hospital in Abu Dhabi, told The National. “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. Dr. Bosio’s comments highlight the progressive nature of the law, empowering women with the authority to make decisions about their own bodies in extreme circumstances.

“In addition, the resolution puts in place strict processes to authorize, 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,” Bosio added. The implementation of strict processes ensures that all abortion cases are handled with the highest standards of medical care and legal oversight, minimizing the risk of abuse and ensuring the safety of the women involved.

The UAE’s move to allow abortions in such sensitive cases is being lauded for its progressive approach to women’s health and safety. It addresses the needs of women who may find themselves in traumatic circumstances, providing them with a legal and medical framework to seek abortion without facing additional hardships or risks to their health. This change underscores a broader commitment to protecting women, children, and families in the UAE, aligning the nation’s laws with global standards on reproductive rights and healthcare.

The UAE’s decision to permit abortions in cases of rape and incest represents a monumental step forward in the country’s legal and social policies. By prioritizing the health and safety of women and establishing clear legal guidelines for such procedures, the UAE is making significant strides in enhancing women’s rights and providing necessary protections for those affected by heinous crimes. This reform is a testament to the country’s evolving legal landscape and its dedication to aligning with international human rights standards.