Awatif Mohammad Shoqi Advocates & Legal Consultancy | View firm profile
Introduction:
The UAE has recently implemented significant legal reforms regarding abortion, reproductive rights, and medical ethics, with the law of Federal Decree-Law No. 4/2016 on Medical Liability and its amendment with Federal Decree-Law No. 18/2023.
These laws outline the circumstances under which abortion is permitted, the procedures to be followed, and Federal Decree-Law No. 31/2021 on the Issuance of the Crimes and Penalties Law outline the penalties for unlawful abortions.
Let’s explore the details of these laws to understand their implications.
Federal Decree-Law No. 4/2016 On Medical Liability:
The recently amended Article 14 emphasises the importance of adhering to established legislation concerning Assisted Reproductive Technology for women and embryo implantation. This provision ensures that such procedures are conducted per existing laws, thereby safeguarding the rights and well-being of individuals involved in reproductive processes.
Article 15 underlines 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, any involvement in controlling birth for women is permissible only under specific circumstances unless based on the opinion of a specialised 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:
- If the continuation of the pregnancy endangers the life of the pregnant woman.
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- In case there is no manner other than abortion to save the life of the pregnant woman.
- Abortion shall be done at a governmental health facility or a private health facility authorized by the Competent Health Authority.
- 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.
- If fetal malformation is proven to have occurred.
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- The malformation 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:
Article 391 of the UAE Penal Code establishes the legal consequences for unlawful abortion practices in the UAE and addresses various scenarios:
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- 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.
- Non-consensual abortion may lead to imprisonment for offenders. Attempted abortion carries penalties equal to half of the completed acts.
Conclusion:
By establishing clear guidelines for healthcare providers and individuals, the UAE aims to ensure that abortion practices are conducted responsibly and ethically, with due consideration for the rights and dignity of all parties involved.
Moreover, the imposition of penalties for unlawful abortion practices emphasizes the seriousness with which the UAE addresses violations of reproductive rights and medical ethics.