Israel: How fragile is the right to abortion?

Legalized since 1977, abortion is available in Israel up to a term limit of 24 weeks - but it is not automatic and requires the prior approval of an ad hoc committee. 

Composed of three members - two doctors and a social worker - the abortion committee is officially mandated to "limit unnecessary abortions." As the law stands today, every woman wishing to have an abortion must appear before this committee and answer questions related to the circumstances of her pregnancy and the reasons for her abortion. 

Widely decried by politicians and by pro-abortion associations, these committees have continued despite various bills proposed over the years to abolish them because of opposition from conservative and the religious parties.  

Although voluntary termination of pregnancy - accessible only to unmarried women, those under 18 years of age or over 40, cases of incest, rape, malformation of the fetus or pregnancy endangering the health of the mother - is theoretically limited by these committees, in practice, almost all requests within these limits are granted. 

Only 1 percent of the requests for 20,000 abortions performed per year are rejected.  

Bypassing the authority of the committees

Nevertheless, the Israeli pro-abortion association Lada'at denounces what it sees as overly restrictive criteria, especially for younger women. 

"A married woman under 40, in good physical and mental health and whose pregnancy does not present any risk, has practically no chance that her abortion request will be accepted by the committee. Even though she may have other good reasons for not wanting to have a baby," explains a representative of the association, pointing out that in the event that her request is validated, the cost of the procedure remains at her expense. 

Under these conditions, many pregnant women decide to turn to private clinics to have an abortion, which allows them to bypass the committee, avoiding a possible refusal but also circumventing the need to justify themselves and answer intrusive questions. 

This is theoretically illegal, although in practice no doctor has ever been prosecuted for performing abortions in private clinics.  

Facilitating abortion procedures

The functioning of the existing committee is considered abusive and archaic by Health Minister Nitzan Horowitz of the Meretz party, who succeeded in having the abortion procedures made more flexible on June 27.

From now on, women wishing to terminate a pregnancy will no longer have to appear in person before the committee, and will be able to fill out an online form. Questions that could cause embarrassment will also be banned. Finally, it will be possible to have an early medical abortion in health care facilities, and not only in hospitals.

"It is time to enter the 21st century," said Horowitz, while welcoming the adoption of the new regulations.  

These relaxations to facilitate abortion in Israel come in a particular context, as the right to abortion is being challenged in the United States.

The American shock wave

At the end of June, the US Supreme Court overturned the absolute right to abortion, leaving states free to legislate as they see fit. Seven states, including Arkansas, Oklahoma, and North Dakota, have already declared abortion illegal on their soil. In seven others, it will become illegal next month.

While this right  to an abortion seemed inalienable in a liberal democracy like the United States - the first country, moreover, to have legalized it - the American reversal is prompting other countries like France to take steps to codify the law in favor of abortion. 

With this in mind, French premier Emmanuel Macron's presidential majority indicated that it will soon submit a bill to enshrine the right to abortion in the constitution. An announcement immediately followed by rallies of support in France. 

The shockwaves caused by the revocation of the Roe v. Wade decision, which guaranteed the right to abortion in the United States since 1973, were also widely echoed in Israel. 

A demonstration in solidarity with American women was held in Tel Aviv on June 28 to protest the Supreme Court's decision. Organized by Lada'at, it gathered about 100 people: "Women will not stop having abortions - the only meaning of the ruling is more abortions that are illegal and dangerous," said the organizers of the demonstration.

"Pro-life, that's a lie, you don't care if women die!" chanted the protesters gathered in Habima Square. 

"The US presents itself to be the beacon of freedom, and of hope and human rights. And that is what we’re told on a daily basis, basically, to aspire to be like the US. And now, we see something horrible is happening," said one protester interviewed by i24NEWS. 

"It’s no longer just a US issue, it’s a human rights issue," she insisted. 

What is the future for abortion law in Israel? 

But behind their desire to show solidarity with American women, the Israeli women were also keen to reaffirm their commitment to abortion rights in their own country. In a nation without a constitution, where political instability has been the norm for many years, the possibility that the abortion law could be challenged is not a fiction.

Not to mention the typically Israeli proportional voting system, which regularly puts coalitions in power that are blackmailed by one party or another to defend the interests of its constituency. And in which conservative and religious parties often have considerable leverage and room to maneuver to advance their agenda.   

Judaism's position on abortion is strict. Apart from special permissions granted by the rabbinical authorities on a case-by-case basis, abortions are prohibited except in cases where the pregnancy presents a risk to the mother.   

Taking into account the strong demographic dynamics of the ultra-Orthodox sector, it is to be expected that the impact of the religious parties, as well as that of the pro-life associations, will become increasingly important in the political and social sphere. 

In such a perspective, it is therefore not unreasonable to consider the right to abortion in Israel as a particularly fragile convention.