Legislation Details
- Full Title: Cabinet Resolution Concerning the Permitted Abortion Cases
- Law Type: Cabinet Resolution
- Law Number: No. (44) of 2024
- Issued Date: 24 Apr 2024
- Effective Date: 15 Jun 2024
- Official Gazette: No. 777
- Sector: Healthcare
- Status: Active
- Number of Articles: 22
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution regulates the permitted cases and conditions for performing abortion procedures in the United Arab Emirates. Its primary objectives are to preserve women's health, ensure the safety and stability of society, and reduce illegal and unsafe practices related to unwanted pregnancies. The Resolution specifies the limited circumstances under which abortions may be legally conducted, the requirements for healthcare facilities and medical professionals involved, and the procedures for obtaining approval from a dedicated committee. It also establishes obligations for maintaining patient privacy and confidentiality. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Arts. 1-3)
The Resolution is significant for healthcare providers, women's rights advocates, and the general public in the UAE, as it clarifies the legal framework around a sensitive and ethically complex issue. It aims to balance individual rights with public health considerations, while also addressing social and cultural factors. Compliance with the Resolution's provisions is crucial to avoid penalties and ensure the availability of safe, regulated abortion services in the country. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Arts. 1-3)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is to regulate abortion operations in the UAE, specifically in the cases and under the conditions specified within the text. It applies to abortion procedures performed in healthcare facilities authorized by the competent health authorities. The primary purpose of the Resolution is to preserve women's health and the safety and stability of society by clarifying the permitted abortion cases, their conditions, and the related procedures. Additionally, the Resolution aims to reduce illegal and unsafe practices related to the disposal of unwanted pregnancies. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Arts. 2-3)
What are the key definitions under this law?
- State: United Arab Emirates
- Ministry: Ministry of Health & Prevention
- Minister: Minister of Health & Prevention
- Health Authority: The Ministry or any federal or local government authority concerned with health affairs in the State
- Health Facility: A government or private Health Facility authorized by the Health Authority to perform abortions
- Committee: The Committee stipulated in Article (6) of this Resolution
(Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Art. 1)
What are the main obligations and requirements?
The Resolution imposes several key obligations on healthcare facilities when performing abortions:
- The healthcare facility must be authorized by the competent health authority to perform abortions, in accordance with the controls specified by a ministerial resolution. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Art. 5(1))
- The abortion must be performed by an obstetrician-gynecologist licensed to practice in the UAE, with the approval of the treating physician. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Art. 5(2))
- The abortion must not result in any medical complications that pose a threat to the pregnant woman's life. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Art. 5(3))
- The pregnancy period at the time of the abortion must not exceed 120 days. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Art. 5(4))
- The healthcare facility must obtain written consent from the pregnant woman, or her husband or guardian if she is unable to provide consent. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Art. 5(5))
- The healthcare facility must prepare a report on the case, including the pregnancy duration, justifications for the abortion, and the procedures taken. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Art. 5(7))
- The healthcare facility must obtain the approval of the Committee established under the Resolution to perform the abortion. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Art. 5(8))
- The healthcare facility must provide medical and social advice before and after the abortion for the pregnant woman. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Art. 5(9))
What licensing, registration, or approval requirements exist?
The Resolution specifies the following licensing and approval requirements for performing abortions:
- The healthcare facility must be authorized by the competent health authority to perform abortions, in accordance with the controls specified by a ministerial resolution. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Art. 5(1))
- The abortion must be performed by an obstetrician-gynecologist licensed to practice the profession in the UAE under Federal Law No. 5 of 2019. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Art. 5(2))
- The healthcare facility must obtain the approval of the Committee established under the Resolution to perform the abortion. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Art. 5(8))
What rights and protections does this law provide?
The Resolution provides the following rights and protections:
- The pregnant woman has the right to written consent before the abortion procedure is performed, except in emergency cases. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Art. 5(5))
- The pregnant woman has the right to privacy and confidentiality of her personal data related to the abortion process. The healthcare facility is required to maintain the confidentiality of this information and not allow access or sharing without the woman's consent, or the consent of her guardian or legal representative if she is incapacitated, in addition to the consent of the health authority or a decision from the public prosecution or competent court. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Arts. 7(4)-7(5))
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for the enforcement of this Resolution are:
- The Ministry of Health & Prevention, through the Minister, is responsible for issuing decisions and determining the necessary procedures to implement the provisions of the Resolution. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Art. 8)
- The Health Authority, which includes the Ministry of Health & Prevention and any federal or local government authority concerned with health affairs in the UAE, is responsible for developing a policy that includes the responsibilities and obligations of healthcare facilities and medical staff, as well as the rights and responsibilities of pregnant women undergoing abortion. The Health Authority is also responsible for monitoring and supervising healthcare facilities that perform abortions and assessing their compliance with the policy. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Art. 7(1)-7(2))
- The Committee, which is formed in each Health Authority by a ministerial resolution, is responsible for reviewing abortion requests referred by healthcare facilities and deciding on them within 5 working days. The Committee's decision can be appealed to the Minister or the head of the Health Authority. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Art. 6)
What exemptions or exceptions apply?
The Resolution does not specify any exemptions or exceptions to its provisions. All abortion operations must comply with the requirements and conditions outlined in the text. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024)
How are disputes resolved under this law?
The Resolution provides the following dispute resolution mechanisms:
- The Committee's decisions on abortion requests can be appealed by the pregnant woman, her husband, or her guardian before the Minister or the head of the Health Authority within 5 working days from the date of notice. The decision issued by the Minister or the head of the Health Authority shall be final. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Art. 6(5))
- The Committee may seek the opinion of any of the legal opinion entities accredited in the UAE when reviewing abortion requests. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Art. 6(3))
What are the key deadlines and time limits?
The Resolution specifies the following key deadlines and time limits:
- The Committee must decide on abortion requests referred to it by healthcare facilities within 5 working days from the date of submission of the request. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Art. 6(3))
- The pregnant woman, her husband, or her guardian may appeal the Committee's decision before the Minister or the head of the Health Authority within 5 working days from the date of notice. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Art. 6(5))
- The pregnancy period at the time of the abortion must not exceed 120 days. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Art. 5(4))
How does this law interact with other UAE legislation?
The Cabinet Resolution Concerning the Permitted Abortion Cases references the following related UAE legislation:
- The Constitution of the United Arab Emirates
- Federal Law No. 1 of 1972, Concerning the Competences of Ministries and Capacities of Ministers, as amended
- Federal Decree-Law No. 4 of 2016, Concerning Medical Liability, as amended
- Federal Law No. 5 of 2019, Regulating the Practice of Human Medicine Profession
(Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Preamble)
When did this law come into effect?
The Cabinet Resolution Concerning the Permitted Abortion Cases was issued on 24 April 2024 and came into effect on 15 June 2024, the day following the date of its publication in the Official Gazette. (Cabinet Resolution Concerning the Permitted Abortion Cases, 2024, Art. 10)
Source Documents
This article analyses Cabinet Resolution Concerning the Permitted Abortion Cases for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.