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Bahrain - Abortions could be legalised in Bahrain if a foetus is found to have a physical deformity or mental disability, or if the pregnancy puts the woman’s health at risk.
However, the proposed amendment to Article 19 of the 1989 Human Medicine and Dentistry Law will only allow abortion in pregnancies under three months.
Bahrain already permits abortions in authorised hospitals in cases where a woman’s life is in danger.
However, the amendment, which will be debated by the Shura Council on Sunday, includes non-life threatening complications and instances in which babies are found to have mental disabilities or physical deformities.
Ahead of Sunday’s weekly session, Shura’s services committee has backed the amendment, which has also seen support from the human rights committee.
Both the existing law and the proposed amendment require three consultant doctors to authorise an abortion.
The new amendment also states that consent of both parents is required.
The move has been proposed despite a Sharia ruling from the Supreme Islamic Council that abortions are prohibited in Islam.
The council, which is the country’s highest religious authority, said abortions are only allowed if the embryo endangers the mother’s life.
It also added that if an abortion is conducted because the unborn child might have physical deformities or mental disabilities then it is not allowed, unless it is a stillborn.
“Even the unborn are entitled to inheritance, will and endowment, and are taken into account during divorce and the associated waiting period under Islamic rules, which means that life is taken into account at all cases,” it told the Shura Council in writing.
However, Shura’s legislative and legal affairs committee has found the amendment to be constitutional.
Its human rights committee and the National Institution for Human Rights also said the amendment did not violate international conventions and treaties.
“This amendment is being proposed out of care to the mother and the child’s health,” said human rights committee chairman Ahmed Al Haddad.
“If sanctioned by law then it would only be performed at an early stage before it constitutes as a formed and living baby.
“Abortions should be allowed if the mother is in danger which follows precise international and Islamic rules.
“In case tests show the unborn will face physical deformities or mental disabilities then abortion should also be legalised at an early stage, or else it will be haram to have them live in pain.
“The amendment is about saving life as they fall within the legal, ethical and acceptable limits of what constitutes a necessary abortion.”
If the amendment is approved on Sunday then it will be referred to the Cabinet, which will be given six months to draft it into a formal legislation and resubmit it to the National Assembly for a vote.
Details of the amendment were attached to the session’s agenda schedule, which was released to the Press yesterday.
The schedule also included a proposal regarding cloning, which Shura’s services committee has recommended to be rejected.
The government was forced to draft amendments to the 2017 In-Vitro Fertilisation (IVF) Law to allow medical cloning, despite opposition from the Health Ministry and the National Health Regulatory Authority, which both deemed the concept unethical.
At Sunday’s session, Shura members will also vote on a U-turn to an amendment to the 2001 Municipal Law that would have moved the independent municipal budget directly into general government coffers under the national budget.
This means the Shura Council is set to reject the proposal, which has already been rejected by Parliament.
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