ABORTION FOR RAPE SURVIVORS

Abortion is prohibited by Articles 321–325 of the Penal Code, including cases of rape:

 Any person performing an abortion is subject to one to three years’ imprisonment

 If the person is a medical professional, the sentence is increased by a third.

 A woman inducing her own miscarriage or allowing it to be induced may face between six months to three years’ imprisonment.

If an abortion leads to the death of a woman, the person performing the abortion is sentenced to temporary hard labour for a period of not less than five years (Article 322(2)).

The law also punishes any person who deliberately aborts a woman without her consent to hard labour for a period not exceeding ten years (Article 323(1)). The penalty shall not be less than ten years if the abortion leads to the death of the woman (Article 323(2)).

Article 12 of Public Health Law No. 47 of 2008 prohibits doctors from providing advice on abortion or from performing an abortion except when necessary to prevent a threat to the life or health of the pregnant woman.

The law does not clearly define the  woman’s health but refers to mental and physical health in general.

Penalties are reduced if the abortion is performed by the woman, a descendant, or relative up to the third degree in order to save her honour (Article 324).

Since 1993 several fatwas (religious authorities’ rulings) addressing abortion have been issued.

The most recent was Decision No. 204 of 2014 by the Jordanian Council for Jurisprudence. This fatwa dealt with abortion of a pregnancy that occurs as a result of rape or incest, requesting each case to be assessed individually.

How do you rate the content of the page?