The UAE recently specified three additional instances where pregnancy abortions will be permitted, as per a new cabinet resolution. These instances include cases where the pregnancy is a result of rape or incest, or at the request of the spouses after approval by a designated committee. The nature of the requests that spouses can make has not been detailed in the resolution, but non-consensual intercourse and a pregnancy caused by the woman’s lineage or her relatives are now grounds for abortion. With the new resolution and the existing Medical Liability Law, abortions can now be done in five cases, expanding beyond the previous criteria of endangering a woman’s life or foetus deformation.
Under the new regulations, parental or guardian consent will not be required in emergency cases that necessitate immediate surgical intervention. The Ministry of Health and Prevention (MoHAP) will form a committee within each health authority to oversee the process, which will include doctors specialized in obstetrics/gynaecology and psychiatry, as well as a representative from the Public Prosecution. Legal experts have stated that the decision aims to protect women’s health and curb illegal practices related to unsafe abortion procedures, highlighting the importance of seeking the approval of the designated committee before proceeding with the abortion process.
The stipulated conditions for abortion include the requirement for a licensed specialist obstetrician-gynecologist to perform the procedure at a licensed healthcare facility. Additionally, the woman must receive medical and social counseling both before and after the abortion, and the procedure should not pose any medical complications that could endanger the woman’s life. The gestational limit for the abortion operation is set at 120 days, and the law applies to both Emiratis and expatriates, with non-Emiratis required to have legally resided in the UAE for at least a year before submitting an abortion request.
According to Samara Iqbal, a founding partner of Aramas International Lawyers, the new law marks a significant shift in the UAE’s approach to reproductive rights. It expands the conditions under which abortion is permissible, now allowing the procedure in cases where the mother’s physical or mental health is seriously threatened, in addition to situations of rape or incest. Furthermore, specific gestational limits have been introduced aligning with international standards, reflecting the UAE’s progressive move towards enhancing women’s autonomy and health. The country has made significant strides in recent years to promote gender equality, protect against domestic violence, and reduce discrimination, showcasing a commitment to advancing women’s rights.
The passing of this law aligns with the UAE’s efforts to modernize its legal system and promote gender equality and women’s empowerment. Furthermore, the reform is seen as a positive step towards enhancing women’s autonomy and health, reflecting the country’s commitment to advancing reproductive rights and gender equality. Overall, the new resolution represents a significant development in the UAE’s legal framework and highlights the government’s efforts to prioritize women’s health and well-being. It also underlines the country’s commitment to aligning with international standards and promoting reproductive rights for all women residing in the UAE, regardless of their nationality.
