Major Legal Shift: Cabinet Resolution No. 44 of 2024
The UAE has taken a significant step in liberalizing its stance on abortion with the introduction of Cabinet Resolution No. 44 of 2024 regarding the determination of permissible abortion cases. Effective as of June 21, 2024, this Resolution marks a notable departure from the previous restrictive laws, expanding the circumstances under which abortion is now permissible.
Key Changes Under the New Resolution
Expanded Permissible Cases
The new Resolution introduces three additional scenarios where abortion is legal:
- Non-consensual Pregnancy: If the pregnancy is a result of an act committed against the woman's will, without her consent, or with forced or unreliable consent—in other words, as a result of rape.
- Incestuous Pregnancy: If the person who impregnated the woman is a family member or a muhram (such as a father, brother, uncle, or grandfather).
- Spousal Request: Abortion is also possible at the request of both spouses, subject to approval by a specialized medical committee.
Comparative Analysis: Previous vs. Current Legal Framework
Previous Legal Restrictions
Before this Resolution, the UAE's abortion laws, governed by the Medical Liability Law (Federal Decree-Law No. 4 of 2016), were highly restrictive. Abortion was only permitted under two conditions:
- Threat to the Mother's Life: If the pregnancy posed a serious threat to the life of the mother.
- Fetal Abnormalities: If severe fetal abnormalities were confirmed by medical reports, and the pregnancy had not exceeded 120 days.
Liberalized Approach
With the new Resolution, the UAE has broadened the permissible cases, reflecting a more progressive stance. This change aims to protect women's health, safety, and stability by providing clear guidelines and expanding the conditions under which abortion is allowed.
Creation of Medical Committees
The Resolution mandates the creation of a medical committee ("Committee") under every health authority to oversee abortions. These committees will consist of three doctors, including a specialist in obstetrics and gynecology. They will be responsible for approving or rejecting abortion requests based on substantiated medical reasoning.
Detailed Conditions for Abortion
The Resolution outlines nine specific conditions that must be met for an abortion to be performed:
- The medical facility must be licensed to perform abortions.
- The abortion must be performed by a specialist in obstetrics and gynecology.
- The abortion must not endanger the pregnant woman's life.
- The abortion must take place within 120 days of the pregnancy.
- Written consent from the pregnant woman is required prior to the procedure. If her consent cannot be obtained, consent can be received from the husband or the woman's guardian. Written consent is not required in emergencies.
- Non-Emirati pregnant women must have valid residency for at least one year from the date of applying for an abortion.
- The doctors in charge at the medical facility must provide a detailed report on the pregnancy and the abortion.
- The Committee must approve the abortion.
- The pregnant woman must receive medical and social consultations before and after the abortion.
Objective of the Resolution
The Resolution has two main objectives:
- Protect Women's Health and Safety: By regulating permissible abortion cases and clarifying conditions, restrictions, and procedures.
- Curb Illegal Practices: To limit dangerous illegal abortions.
Conclusion
Cabinet Resolution No. 44 of 2024 represents a significant liberalization of abortion laws in the UAE, expanding the permissible cases and establishing a comprehensive framework to ensure the health and safety of women. This progressive change reflects the UAE's commitment to addressing sensitive health issues within a regulated and protective legal structure.
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