Israel's Anti-Abortion Laws: A Controversial Adoption

Israel has some of the world's most liberal abortion laws, with abortion available, accessible, affordable, and acceptable in both law and practice. Abortion in Israel was made legal in 1977, subject to a termination committee's approval. In 2022, new regulations came into effect stating that those seeking abortions could send their requests online and would no longer be asked about their use of birth control. While abortion is widely available in Israel, it is not automatically granted. In 2024, Israel eased its abortion regulations in response to the overturning of Roe v. Wade in the US, granting women access to abortion pills through the country's universal health system and removing the requirement to appear before a termination committee.

Abortion in Israel: legal, accessible, and affordable

Abortion in Israel is permitted when determined by a termination committee, with the vast majority of cases being approved. In 2019, Haaretz noted that abortion is almost always permitted in the country.

Legal

Abortion in Israel was legalized in 1977, under the penal code, subject to a termination committee's approval. The committees, which consist of three members, including two licensed physicians and one social worker, approve 98% of requests.

Abortions can only be performed by licensed gynecologists in recognized medical facilities that are specifically and publicly recognized as abortion providers.

Abortions are approved in the following circumstances:

• The woman is younger than the legal marriage age (18) or older than 40. (This was later amended to also include women under the age of 20.)
• The pregnancy was conceived under illegal circumstances (rape, statutory rape, etc.), in an incestuous relationship, or outside of marriage.
• The fetus may have a physical or mental birth defect.
• Continued pregnancy may put the woman's life at risk, or damage her physically or mentally.

Accessible

In 2022, new regulations came into effect, allowing those seeking abortions to send their requests online. The requirement to meet with a social worker is now optional, and medication abortions can be obtained from community health clinics, rather than hospitals.

Affordable

In 2014, the Israeli Cabinet updated the law to allow abortion to be provided for nearly every woman in the country seeking an elective abortion. Abortion up to the age of 33 can be provided for under the nationally funded health basket.

Abortion in the occupied Palestinian territories: illegal and unsafe

Abortion in the occupied Palestinian territories is illegal in most cases. The occupied Palestinian territories (OPT) include the West Bank, East Jerusalem, and the Gaza Strip. Abortion access is challenging and complex due to laws, hospital policies, and the fragmented nature of the OPT and its healthcare system.

Abortion is criminalized under articles 321–325 of the Jordanian Penal Code of 1960, which is derived from colonial French and Ottoman laws. The law applies penalties to the woman seeking the abortion and all individuals and healthcare professionals who assist her in terminating the pregnancy. Article 8 of Palestinian Public Health Law No. 20, passed in 2004, states that abortion is prohibited in the West Bank and Gaza unless necessary to save the pregnant woman's life, as proven by the testimony of two specialist physicians. Written approval from the pregnant woman and her husband or guardian is also required, and these records are kept for a minimum of ten years.

The geopolitical context of the Israeli occupation, which began in 1967, poses unique challenges to healthcare delivery and access, including reproductive health services. The movement of Palestinians within the occupied territories is restricted, and the OPT has a politically imposed fragmented landscape of healthcare providers. There is a shortage of obstetricians and gynecologists in the West Bank and Gaza, compromising the quality of care in government institutions.

A 2007 study by Ayesha AlRifai for the Palestinian Family Planning and Protection Association (PFPPA) found that 40% of 333 women surveyed in West Bank refugee camps had undergone an abortion, although some of these were reported as spontaneous and involuntary. Palestinian women are forced to navigate multiple legal and medical systems when seeking abortion services, including turning to Israeli hospitals, expensive private Palestinian clinics, or self-induced termination.

While abortion is illegal, several Palestinian organizations are aiding women in obtaining safer abortions. The PFPPA served over 70,000 women in 2014, including more than 10,000 in need of abortion-related services. However, there is a lack of data about abortion in Palestine, and the PFPPA has faced challenges in lobbying the Palestinian government to make abortion legal.

The role of religion in influencing abortion laws in Israel

Abortion laws in Israel have been influenced by a complex interplay of religious, cultural, and political factors. While the country's abortion legislation is relatively liberal, the role of religion in shaping public opinion and policy debates cannot be overlooked.

The Influence of Jewish Law and Religious Organisations

Jewish law, or Halakha, has a nuanced view of abortion, which is not explicitly prohibited. Traditional Jewish law does not regard life as beginning at conception, and it mandates abortion if the mother's life is in danger. This religious ambiguity has prevented religious political parties from making abortion a signature issue. However, Orthodox Jewish organisations, including political parties such as Shas, United Torah Judaism, and HaBayit HaYehudi (Jewish Home), strongly oppose abortion. They argue that most interpretations of Jewish law view abortion as prohibited, except when necessary to save the mother's life. These religious groups lobby against abortion and have influenced policy debates.

The Abortion Debate and Political Landscape

The abortion debate in Israel is influenced by the country's diverse political landscape, which includes left-wing, right-wing, and religious parties. Left-wing parties, such as Meretz, argue in favour of legalized abortion for reasons of personal liberty and reproductive rights. They have proposed bills to eliminate termination committees and decriminalise abortion. On the other hand, religious parties have used their political influence to shape abortion policies. For example, in 1980, the Orthodox Jewish parties successfully withdrew the "social clause" from the penal code, which had allowed women to seek abortions for social and economic reasons.

The Role of Women's Organisations

Women's organisations, such as Naamat and Shdulat HaNashim (women's lobby), play a crucial role in advocating for feminist and pro-choice perspectives. They argue for reproductive rights and support the elimination of termination committees. These organisations provide a counterbalance to the religious lobby and contribute to the ongoing debate surrounding abortion laws.

Public Opinion and Religious Beliefs

Public opinion on abortion in Israel is divided, with religious beliefs playing a significant role. A 2024 Pew Research Center report found that 51% of Israeli adults believed abortion should be legal in most or all cases, while 42% opposed it. Opposition to abortion was correlated with strong religious beliefs, particularly Orthodox Jewish beliefs, lower income, larger family size, and right-wing political identification.

In conclusion, while Israel's abortion laws are relatively liberal, with abortion permitted in most cases, religion plays a significant role in shaping public opinion, policy debates, and the activities of various interest groups. The influence of religious beliefs and values is evident in the ongoing abortion debate and the efforts of both religious and secular organisations to shape abortion legislation in the country.

The impact of the Dobbs decision on abortion access in Israel

The Dobbs decision refers to the 2022 US Supreme Court ruling in Dobbs v. Jackson Women's Health Organization, which invalidated the landmark Roe v. Wade ruling of 1973. The ruling declared that the US constitution does not confer upon women any right to abortion, whether pre- or post-viability, and sent shockwaves throughout the world. In Israel, abortion is relatively available, accessible, affordable, and acceptable, in both law and practice. This is due to the lenient and nuanced stance of rabbinical authorities in the Jewish law tradition, as well as the country's post-Holocaust biblical culture of "be fruitful and multiply".

In response to the Dobbs decision, Israel's parliament backed a proposal to ease abortion policy before the 12th week of pregnancy and allow women access to abortion medication from community health providers, with public funding and without the need for committee approval. This decision was made shortly after the Dobbs ruling and was in line with Israel's relatively liberal abortion laws.

Abortion in Israel was legalised in 1977 and is permitted when determined by a termination committee, with the vast majority of cases being approved. The rate of abortion in Israel has been steadily declining since 1988, and compared to the rest of the world, abortion rates in the country are moderate. In 2016, the abortion rate in Israel dropped to 9 per 1,000 women of childbearing age, lower than in England (16.2) and the United States (13.2).

While abortion is widely available in Israel, women still don't automatically have the right to the procedure. They must demonstrate to a three-person committee that having the baby will cause emotional or physical harm or that the pregnancy is a result of rape or incest. However, more than 99% of requests are approved, and the process has been simplified in recent years.

The Dobbs decision had a significant impact on women's reproductive health and rights in the US, and it sparked a global debate about abortion access and women's autonomy. In Israel, the decision reinforced the country's commitment to reproductive freedom and women's rights, with the parliament taking steps to further ease abortion restrictions.

The politicization of reproduction and its effects on Palestinian women

Israel has some of the world's most liberal abortion laws, and abortion is widely available. However, abortion is not automatically granted as a right, and women must demonstrate to a three-person committee that giving birth will cause emotional or physical harm or that the pregnancy is a result of rape or incest. Nevertheless, more than 99% of requests are approved.

In contrast, abortion is illegal in most cases in the Occupied Palestinian Territories (OPT), which include the West Bank, East Jerusalem, and the Gaza Strip. The OPT is under Israeli occupation and has a fragmented healthcare system with a mix of governmental, private, and nonprofit hospitals. Palestinian women face unique challenges in accessing abortion due to legal restrictions, hospital policies, and the complex nature of the occupation. They are subject to geopolitical challenges and restrictions on freedom of movement, which further complicate access to reproductive health services.

The intersection of Israeli occupation policies and Palestinian societal pressures creates a challenging environment for Palestinian women seeking reproductive autonomy and justice. Their choices are limited by legal and socio-political constraints, and their bodies and agency are constantly under scrutiny and control.

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