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The New Abortion Law of Israel

The recent Criminal Law Amendment (Abortion) Law, 1977, has been one of the most controversial pieces of Israeli legislation. Its aim is to abolish the discrepancy between the total prohibition according to the existing sec. 175 of the Criminal Code Ordinance, 1936, and the extremely different reality. The courts had already limited the application of this section by excluding from its framework those cases where the operation was necessary for the preservation of life or health of the woman. The Attorney General moreover, had ordered his representatives to refrain from prosecution under this section as long as no injury resulted from the abortion. Opinions, however, differed extremely as to the projected liberalisation of the law. Although the Government had appointed a commission and the latter had proposed reform of the Criminal Code, a private Bill was finally tabled in the Knesset. It gave rise to hot debates and public demonstrations, and finally became law close to the end of the parliamentary session. The criminality of abortion is retained, but exemption is granted to a doctor performing the operation in a recognised hospital upon the approval of a committee. The committee composed of two physicians and a social worker, satisfied that the woman has given her informed consent, must then find one or other of the following justifications: (1) that the woman is under 17 or over 40; (2) that the pregnancy is the result of illegal, consanguinous or non-marital relations; (3) that the foetus is likely to be born with physical or mental handicap; (4) that the pregnancy might cause grievous harm to the woman or her children because of the difficult family or social conditions of the woman or her environment. Additional exemption from criminal responsibility is granted where the abortion is urgent to save the life of the woman, to prevent grievous harm, or where it is performed unexpectedly in the course of another operation. Notice, however, must immediately be given to the Ministry of Health. Further provisions of the law grant protection to the woman herself and to