Abortion Law In Israel: Understanding The Complex Legal Landscape

Abortion in Israel is permitted when approved by a termination committee, with the majority of cases being approved. In 2022, new regulations came into effect, allowing those seeking abortions to submit their requests online and removing the need to meet with a social worker. While abortion is widely available in Israel, women do not automatically have the right to the procedure and must meet specific criteria to be granted approval.

Abortion approval committees

Structure and Composition:

The abortion approval committees consist of three members, including two licensed physicians and one social worker. One of the physicians must specialise in obstetrics and gynaecology, while the other can be from various fields, such as internal medicine, psychiatry, family medicine, or public health. It is mandated by law that at least one member of each committee must be a woman.

There are 38 of these committees operating across Israel, located in public or private hospitals. Six separate committees deal specifically with abortion requests when the fetus is beyond 24 weeks old, and these include additional specialists and social workers.

Application Process:

Any woman in Israel can apply to terminate a pregnancy by approaching one of these committees. The application process can vary depending on the hospital or clinic. The woman will typically meet with the board's social worker, who will explain the process and offer advice. She will also meet with doctors to discuss the procedure, risks, and relevant medical issues.

Criteria for Approval:

Abortions must be approved by these committees, and they consider several criteria before granting permission. These include:

• Age of the woman: If she is under 18 (the legal marriage age) or over 40.
• Circumstances of conception: If the pregnancy is a result of unlawful intercourse, such as rape or incest, or if it occurred outside of marriage.
• Health risks: If continuing the pregnancy could endanger the woman's life or cause physical or psychological harm.
• Fetal defects: If the fetus is likely to have a physical or mental defect.

Recent Changes and Criticism:

In June 2022, the Knesset Labor Welfare and Health Committee approved new regulations to simplify the process. Women are no longer required to physically appear before the committees, and the application form has been digitised and simplified, removing invasive and degrading questions. Additionally, meeting with a social worker is now optional.

Over the years, these committees have faced criticism for being bureaucratic, intrusive, and humiliating. The wait times for scheduling appointments with the committees have also been a concern, sometimes forcing women to have abortions later in their pregnancies.

Abortion access and funding

Abortion access in Israel is permitted when determined by a termination committee, with the vast majority of cases being approved. In 2020, 99.6% of applications were approved by the panels. Abortion committees are made up of three representatives of the hospital or clinic that would perform the procedure. These include a physician whose field of expertise is obstetrics and gynaecology, another physician who is either a family doctor, psychiatrist, internist, gynaecologist, or social worker, and at least one woman.

In 2022, new regulations came into effect, allowing women to submit their applications online and removing the requirement to meet with a social worker. The application form was also updated to remove "degrading questions" such as whether women or their partners used contraceptives.

Abortions are available free of charge in certain circumstances, including:

• If the woman is under 18 or over 40.
• If the pregnancy is a result of unlawful sexual intercourse, for example, rape or incest.
• If the woman's physical or mental health would be harmed by continuing the pregnancy.
• If the fetus may have a physical or mental defect.

Abortion rates

The abortion rate in Israel is influenced by several factors, including the criteria for approval and the application process. Under Israeli law, abortions must be approved by a termination committee, and certain conditions must be met for a pregnancy to be terminated. These conditions include the age of the woman, the circumstances of the pregnancy, the presence of fetal birth defects, and risks to the physical or mental health of the woman. The application process for abortion can be lengthy, and women may need to appear before a committee, which some consider humiliating and intrusive. Additionally, there are a limited number of committees across the country, which can make scheduling appointments challenging.

In recent years, there have been efforts to ease access to abortion in Israel. In 2022, new regulations were approved to remove some of the procedures required, simplify the application process, and provide drug-induced early-term abortions at clinics instead of only at hospitals. These changes aimed to address criticisms of the previous system, which was seen as bureaucratic and intrusive.

Abortion law amendments

Approval Process Amendments:

• In 2014, the Israeli Cabinet updated the 1977 law to allow abortion for nearly every woman seeking an elective abortion, regardless of age or marital status.
• The criteria for approval were expanded to include women whose physical or mental health would be at risk if the pregnancy continued.
• The requirement for parental consent for minors was removed, allowing those under 18 to seek abortion without parental involvement.
• The circumstances under which abortion is approved were expanded to include pregnancies resulting from unlawful sexual intercourse, such as rape or incest, and pregnancies outside of marriage.

Access to Abortion Services Amendments:

• In June 2022, the Knesset Labor Welfare and Health Committee approved regulations to make abortions more accessible.
• Drug-induced early-term abortions are now available at HMO clinics, providing more locations for women to access this service.
• The application process has been digitized, removing the need for women to physically submit paperwork and simplifying the process.
• The request form has been updated to remove invasive and degrading questions, such as those related to contraceptive use, providing a more respectful experience for women.

Committee Role Amendments:

• The requirement to physically appear before an abortion approval committee has been removed, reducing the burden and potential humiliation of the process.
• The role of the social worker has been made optional, giving women the choice to include them only if they require additional support.
• The composition of the committees remains the same, with three members, including a physician specialising in obstetrics and gynaecology, another physician or social worker, and at least one woman.

Abortion debate in Israel

Abortion in Israel has been a topic of debate, although it is often overshadowed by more publicized and controversial issues. While abortion is widely available and less controversial compared to some countries, it is not automatically legal, and women must meet certain criteria to obtain approval from a termination committee.

In 2024, a Pew Research Center report found that 51% of Israeli adults believed that abortion should be legal in most or all cases, while 42% held the opposite view. The debate surrounding abortion in Israel is influenced by religious, political, and social factors, with a range of organizations and parties advocating for or against abortion rights.

Religious Perspectives

Orthodox Jewish organizations and political parties, such as Shas, United Torah Judaism, and HaBayit HaYehudi (Jewish Home), strongly oppose abortion. They argue that most interpretations of Jewish law prohibit abortion, except when necessary to save the mother's life. On the other hand, women's organizations like Naamat and Shdulat HaNashim (women's lobby) advocate for abortion rights from a feminist and pro-choice perspective, emphasizing reproductive rights.

Political Perspectives

The political landscape in Israel also plays a role in the abortion debate. Left-wing parties, such as Meretz, argue in favor of legalized abortion, citing personal liberty. In contrast, right-wing parties tend to oppose abortion and correlate with stronger religious beliefs and larger family sizes.

In 2006, MK Zehava Gal-On of Meretz proposed a bill to eliminate the termination committees, which was rejected. More recently, in response to the US Supreme Court's decision to overturn Roe v. Wade, Israel's Health Minister Nitzan Horowitz of Meretz supported easing abortion regulations, stating that "a woman has a complete right over her body."

Social Perspectives

The abortion debate in Israel also reflects social and economic concerns. In 2004, MK Reshef Chen of Shinui proposed reinstating a "social clause" that would allow women to seek abortions for economic reasons. This proposal was supported by women's organizations like Naamat, who argued that women should not have to lie or face financial difficulties to obtain an abortion. However, critics of this approach, including religious organizations like Efrat, offer financial support to women considering abortion for economic reasons, reflecting their opposition to abortion as a solution to financial hardships.

The abortion debate in Israel is complex and multifaceted, involving religious, political, and social perspectives. While abortion is legal under certain circumstances, there are ongoing discussions and efforts to further liberalize or restrict abortion access, reflecting the diverse societal views on this issue.

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