Introduction:
Abortion, reproductive rights, and medical ethics have undergone significant legal reforms in the UAE, as stipulated by Federal Decree-Law No. 4/2016 on Medical Liability and its amendment by Federal Decree-Law No. 18/2023. These laws identify under what circumstances abortions are permitted, and the procedures to be followed. Furthermore, Federal Decree-Law No. 31/2021 on the Issuance of the Crimes and Penalties Law stipulates penalties in cases of unlawful abortions.
Federal Decree-Law No. 4/2016 On Medical Liability:
The recently amended Article 14 emphasizes the importance of following established laws regarding assisted reproductive technology for women and embryo implantation. This provision ensures that such procedures are carried out in accordance with applicable laws, protecting the rights and well-being of those involved in reproductive processes.
Article 15 focuses on the necessity of informed consent in matters related to reproductive health. It stipulates that any action or intervention aimed at regulating reproduction must be carried out with the explicit consent of the wife and husband involved. Furthermore, engaging in birth control for women is only permissible under certain conditions, unless based on the recommendation of a specialized medical committee.
According to the newly amended Article 16, it defines the conditions under which abortion procedures may be conducted. A doctor may not conduct any abortion operation or make a prescription intended to result in abortion, except in the following cases:
1. If the continuation of the pregnancy risks the life of the pregnant woman
- In case there is no alternative option other than abortion to save the life of the pregnant woman.
- The physicians involved shall draft a report including justifications to carry out the abortion operation, with the consent of the pregnant woman or her spouse or guardian.
2. If fetal malformation is proven to have occurred.
- The abnormality shall be proven in a medical report issued by a medical committee. The health committee shall carry out all medical examinations and prove the results in the report.
- The abortion shall be performed based on the approval of the pregnant woman or her spouse or guardian.
Any other controls determined by the council of ministers.
According to article 33, subject to the provisions of Article (16) of the present Decree-Law, every doctor who engages in the abortion of a pregnant woman deliberately shall be sentenced to imprisonment. Should the abortion lead to the death of the victim, the doctor shall be sentenced to imprisonment for a period of no less than 5 years and no more than 10 years.
Federal Decree-Law No. 31/2021 on the Issuance of the Crimes and Penalties Law:
According to article 391 of the UAE Penal Code, it establishes the legal consequences for unlawful abortion practices in the UAE and address various scenarios:
- Pregnant women who self-abort or consent to abortion may face imprisonment, fines, or both.
- Individuals causing abortions with a woman's consent risk imprisonment or fines. Healthcare professionals performing abortions without legal justification may be imprisoned.
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