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:

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:

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.