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The United Arab Emirates (UAE) has introduced new legislation permitting abortions in three additional instances.
According to a cabinet resolution, a licensed physician can perform an abortion if the pregnancy results from rape or incest, or at the “request of the spouses after approval by a designated committee.” The specific nature of requests from spouses was not detailed in the resolution.
Previously, abortions in the UAE were only permitted if the pregnancy endangered the woman’s life or if the fetus was proven to be deformed. With this new resolution, abortions can now be performed under five conditions.
In emergency cases requiring immediate surgical intervention, parental or guardian consent is not required. The Ministry of Health and Prevention (MoHAP) had earlier disclosed details about the formation of a committee within each health authority to oversee such cases. This committee will consist of three members: doctors specializing in obstetrics/gynecology and psychiatry, and a representative of the Public Prosecution.
Legal experts have praised the new decision, emphasizing its aim to protect women’s health and prevent unsafe abortion practices. Dr. Habib Al Mulla, founder of Habib Al Mulla and Partners, stated, “In cases of rape and incest, there must be an official report from the public prosecution to support the claims.”
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The law specifies key conditions for performing abortions: a licensed specialist must conduct the procedure at an authorized healthcare facility, the woman must receive medical and social counseling before and after the procedure, and the abortion must not cause medical complications that endanger the woman’s life. Additionally, the pregnancy must not exceed 120 days at the time of the operation.
The law applies to both Emiratis and expatriates, with the requirement that non-Emiratis must have legally resided in the UAE for at least a year before submitting a request for abortion.
Samara Iqbal, founding partner of Aramas International Lawyers, described the new law as a “major shift” in the UAE’s approach to reproductive rights. She noted that the law now allows abortions not only when the mother’s life is at risk but also when her physical or mental health is seriously threatened, and in cases of rape or incest, aligning with many international standards.
“The reform reflects a progressive move towards enhancing women’s autonomy and health,” Iqbal said. “Women’s rights in the UAE have seen significant progress in recent years, with reforms aimed at promoting gender equality and enhancing women’s social and economic participation.”
Iqbal added, “This aligns with the advancement of the family courts in the UAE, particularly with the Abu Dhabi Civil Court, where women have the right to apply for no-fault divorce and claim more rights in terms of spousal maintenance.”