Legal Developments in Abortion Regulations: Bahrain and the United States
Significant debates regarding the expansion and restriction of abortion laws are currently taking place in both Bahrain and the United States. According to a report by Gulf Daily News (GDN), Bahrain may soon expand the legal parameters for abortion to include cases where a mother’s health is at risk or the foetus is suffering with physical or mental disabilities.
Expanding Abortion Rules in Bahrain
The kingdom already allows abortions in cases where a mother’s life is in serious danger if the pregnancy continues. However, draft legislation is looking to include cases where the foetus is suffering with physical or mental disabilities. The new amendment is currently being reviewed by the Shura Council and will be debated when members return after the summer in October.
If approved by the council, it will be referred to the cabinet and the Legalisation and Legal Opinion Commission before it will be put to a vote in the parliament. Services committee chairwoman Dr Jihad Al Fadhel was quoted as saying during a committee debate on the issue: “We believe the amendments are justified and would give clearer understanding in the case of abortions.”
Proposed Conditions for Legal Procedures
Under the new amendments, abortions can only be carried out within the first three months of a pregnancy. Furthermore, the legislation stipulates that procedures require the consent of both parents and must be assessed and approved by three separate consultant doctors. Dr Al Fadhel noted that “the additions would allow abortions for mothers facing substantial harm as a result of the pregnancy,” while also allowing abortions if newborns would have deformities or mental conditions that can’t be cured.
| Feature | Details of Bahrain's Proposed Amendments |
|---|---|
| Time Limit | Within the first three months of a pregnancy |
| Consent | Require the consent of both parents |
| Medical Approval | Assessed and approved by three separate consultant doctors |
| Grounds | Mother's health at risk; foetal physical or mental disabilities |
US Appeals Court Rules in Favour of Further Abortion Pill Restrictions
In a separate legal development, the US Circuit Court of Appeals restricted the prescription of abortion pills, following action from several anti-abortion groups. Specifically, the New Orleans-based Fifth US Circuit Court of Appeals remained steadfast in a ruling to heavily restrict access to the abortion pill mifepristone on 16 August.
The court decision banned telemedicine prescriptions and mail orders of the drug, which will take effect upon Supreme Court review. This could potentially happen in its upcoming term from October 2023 to June 2024. Historically, the US Food and Drug Administration (FDA) first approved mifepristone in 2000, under its brand name Mifeprex.