“The Discussions of ‘Therapeutic Abortion Law' in Iran”

Abstract

    The purpose of this paper is to introduce the discussions which took place during the legalization process of the “Therapeutic Abortion Law” (2005) in the Islamic Republic of Iran, along with the factors which affected the process in local contexts. Additionally, an overview of some changes after the enactment of the Law is presented. After the Iranian Revolution, induced abortion was considered unlawful in Shi'a Islam jurisprudence. The mothers and practitioners of abortion were severely punished under the statute laws, unless it was necessary in saving the life of the mother. Partial de-criminalization of induced abortion was pursued, in order to deal with the high prevalence of health hazards to women resulting from illegal abortions. In the discussion of the Bill, medical reasoning of induced abortion was focused, and the Islamic principle of “protecting mothers from turmoil” was invoked to justify induced abortions of fetuses with impairments. As a result, the “Therapeutic Abortion Law” was approved, permitting the abortion of fetuses with impairments, as well as protecting mothers from life-threatening situations. The enactment of the bill is understood as a step forward in the easing of the conditions of lawful abortion. However, there was not enough discussion about the rights of the disabled to live with impairments or illnesses. After the implementation of the “Therapeutic Abortion Law”, the estimated number of illegal abortions has not decreased, though selective abortion has increased and has become more socially acceptable.