Pro wants to remove abortion from Dutch Criminal Code
In the media image: Gayatri Malhotra on Unsplash
Dutch opposition party Pro wants abortion removed from the Criminal Code. Marloes van Noorloos, Professor of Criminal Law and Criminal Procedure, spoke to ‘Trouw’ about the plans and current rules: ‘Legislation of this kind is, in principle, difficult to justify.’
Although abortion is legal in the Netherlands, terminating a pregnancy is still regulated under the Dutch Criminal Code. Pro wants to change this. According to the party, abortion is a form of healthcare and should therefore be treated in the same way as other medical procedures from a legal perspective. As such, it has no place in criminal law. At present, performing an abortion is, in principle, a criminal offence. Legally speaking, it is therefore not the woman but the abortion provider who commits the offence. There is, however, an important exception: abortion is not punishable when the procedure is carried out by a physician in a hospital or clinic that holds the required licence.
A woman who undergoes an abortion is therefore not, strictly speaking, committing a criminal offence herself. Nevertheless, Pro argues that the inclusion of abortion in the Criminal Code contributes to the stigma surrounding abortion.
Marloes van Noorloos sees another reason for removing abortion from the Criminal Code: ‘Legislation of this kind is, in principle, difficult to justify. The basic premise of criminal law should be that something is prohibited because it is wrong. As the law currently stands, it effectively says: “Abortion is a criminal offence, unless...”. That inevitably sends a certain message.’
According to her, women would remain protected against rogue or unethical providers even after such a legislative change: ‘As with other medical treatments, physicians remain subject to professional disciplinary law.’ Moreover, the amendment would reverse the logic of the current legal framework, the professor argues. A carefully performed medical abortion would no longer be an exception to a criminal offence, but a right.
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Read the full article in Trouw (in Dutch, €)