Bahrain is considering significant updates to its medical laws surrounding abortion, a topic often fraught with legal and ethical complexities. A proposed amendment to the 1989 Decree-Law No. (7) on the practice of human medicine and dentistry, spearheaded by a group of Shura Council members, aims to clarify and broaden the circumstances under which a termination of pregnancy is permissible, while maintaining strict medical oversight. This move comes in response to advancements in medical technology allowing for earlier and more accurate diagnoses of both maternal and fetal health risks.
Proposed Changes to Bahrain’s Abortion Law
The current law in Bahrain allows for abortion only when the pregnant woman’s life is in danger. The proposed changes, however, introduce a second, critical condition: severe foetal malformation. This amendment seeks to address situations where continuing a pregnancy would result in a child born with conditions incompatible with life or causing severe suffering. The draft legislation, presented by Lina Habib, Dr Jehad Al Fadhel, Dalal Al Zayed, Dr Jameela Al Salman and Dr Ahmed Al Arrayed, outlines a detailed process for determining eligibility under these new guidelines.
Life-Threatening Pregnancies: Existing and Amended Procedures
Under the proposed law, the existing provision allowing abortion to save the mother’s life remains a cornerstone. However, the amendment adds layers of procedural protection. A medical report from a committee of three consultant doctors, all licensed to practice within the Kingdom of Bahrain, is now mandatory. This committee must definitively confirm that no other viable medical options exist to safeguard the mother’s life before a termination can be considered.
Hospital and Specialist Requirements
The proposed legislation also mandates that any procedure or medical intervention aimed at ending a pregnancy in these life-threatening cases must take place within the walls of a government hospital or a fully licensed private hospital. Crucially, the physician performing the procedure, or prescribing the medication, must be a specialist in obstetrics and gynaecology. This ensures a high level of medical expertise and adherence to established safety protocols.
Introducing Severe Foetal Malformation as Grounds for Termination
The most significant change proposed is the inclusion of severe foetal malformation as a valid reason for abortion. This acknowledges the ethical and emotional burden placed on parents facing the prospect of a child born with a condition that will inevitably lead to a short and painful life.
Diagnostic Process and Committee Review
To qualify under this provision, the foetus must be demonstrably diagnosed with a serious abnormality that would significantly impact its quality of life or survival after birth. This diagnosis requires a comprehensive medical report from a separate committee comprised of three consultants specializing in obstetrics and gynaecology, and paediatrics. The combined expertise of these specialists is intended to provide a thorough and conclusive assessment of the foetal condition.
Parental Consent and Gestational Limit
Importantly, the draft legislation emphasizes the need for informed consent. Both parents must, after being fully informed of the committee’s findings, provide written consent for the procedure. The proposed law also introduces a gestational limit – the abortion must be requested before the pregnancy reaches 120 days. This limit aligns with commonly accepted medical practices regarding later-term diagnoses and intervention options.
Oversight and Constitutional Basis
To ensure consistent application of these new guidelines, the draft legislation proposes that the Chairperson of the Supreme Council of Health be responsible for establishing a detailed decision-making framework. This framework will cover the qualifications of committee members, the procedures they must follow, the medical standards to be utilized, and specific guidance for urgent cases.
The amendment’s explanatory memorandum highlights its grounding in Bahrain’s constitutional principles. These include recognition of Islam as the state religion and Islamic Sharia as a primary source of law, the importance of the family unit, and a commitment to providing citizens with access to healthcare. This framing positions the proposed amendments not just as a medical update, but as a framework aligned with core societal values and legal foundations. Moreover, the justification for updating the legislation acknowledges the need to keep pace with advances in prenatal diagnostics and reproductive health.
Implications and Next Steps
These proposed changes represent a significant step towards modernizing Bahrain’s approach to abortion and acknowledging the complexities surrounding both maternal and foetal health. While navigating sensitive ethical considerations, the legislation attempts to provide a clear and medically sound framework. The draft will now undergo further review and debate within the Shura Council before potentially being enacted into law. It’s likely to spark a national conversation regarding women’s health, reproductive rights, and the role of medical advancements in shaping legal and ethical boundaries.
