abortion in Israel

Clauses 312-321 of the 1977 penal code limit the circumstances when an abortion is legal in Israel. Abortions must be approved by a termination committee. Abortions can only be performed by licensed gynecologists in recognized medical facilities that are specifically and publicly recognized as a provider of abortions.Israeli penal code at the Hebrew Wikisource. However, the Israeli Cabinet updated the 1977 law in 2014 to allow abortion to be provided for nearly every woman in the country seeking an elective abortion.Update: Israel's abortion law now among world's most liberal -- Free abortions for all women http://www.timesofisrael.com/israels-abortion-law-now-among-worlds-most-liberal/

Under a 1977 abortion law, a termination committee can approve an abortion, under sub-section 316a, in the following circumstances:

1. The woman is younger than the legal marriage age in Israel (which currently is 18, raised from 17 in April 2013),Ynetnews.com, 11.4.13: [http://www.ynetnews.com/articles/0,7340,L-4449522,00.html Knesset raises marriage age to 18]. or older than forty. (This was later amended to also include women under the age of twenty.)
2. The pregnancy was conceived under illegal circumstances (rape, statutory rape, etc.), in an incestuous relationship, or outside of marriage.
3. The fetus may have a physical or mental birth defect.
4. Continued pregnancy may put the woman's life in risk, or damage her physically or mentally.

Previously, cases where the woman is between the ages of 20–33, and/or was granted an abortion due to the baby having been conceived under illegal circumstances or incest, the fetus had a serious physical or mental defect, the mother was unmarried, or the mother's health was in danger, the state pays for the abortion. However, the law was modified in 2014 to allow a free state-funded "health basket" for any woman seeking an abortion. Women who get pregnant while serving in the IDF are entitled to free, state-funded abortion.{{Cite web|url=http://www.jta.org/news/article/2012/07/09/3100216/op-ed-dont-set-back-reproductive-rights-for-israeli-women|title=Op-Ed: Don't set back reproductive rights for Israeli women|date=9 July 2012}}{{Cite web|url=http://www.timesofisrael.com/israels-abortion-law-now-among-worlds-most-liberal/|title=Israel's abortion law now among world's most liberal|first=Debra|last=Kamin|website=www.timesofisrael.com}}

In practice, most requests for abortion that qualify for the above are granted, and leniency is shown especially under the clause for emotional or psychological damage to the pregnant woman. The committees approve 98% of requests.{{cite news|url=http://www.timesofisrael.com/israels-abortion-law-now-among-worlds-most-liberal/#ixzz2pfY4gXn0|title=Israel's abortion law now among world's most liberal|author=Debra Kamin|publisher=The Times of Israel|date=January 6, 2014}}

In 2022, new regulations went into effect stating that those seeking abortions could send their requests online, and would no longer be asked about their use of birth control. As well, under the new regulations, they no longer have to meet with a social worker, and may obtain a medication abortion (if medically possible) under the oversight of a community health clinic, rather than having to go to hospitals to receive the medication, as they did previously.{{Cite news|url=https://jweekly.com/2022/06/28/days-after-u-s-ends-right-to-abortion-israel-makes-access-easier/|title=Days after U.S. ends right to abortion, Israel makes access easier|newspaper=J |date=June 28, 2022 |last1=Fishkoff |first1=Sue }}

There are 38 termination committees operating in public or private hospitals across Israel.{{Cite web|url=https://www.jewishvirtuallibrary.org/legal-terms-of-abortion-in-israel|title=Legal Terms of Abortion in Israel|website=www.jewishvirtuallibrary.org|access-date=2020-01-27}} These committees consist of three members, two of which are licensed physicians, and one a social worker. Of the two physicians, one must be a specialist in obstetrics and gynaecology, and the other one either OB/GYN, internal medicine, psychiatry, family medicine, or public health. At least one member must be a woman. Six separate committees consider abortion requests when the fetus is beyond 24 weeks old.

{{Refimprove section|date=January 2024}}

There is an abortion debate in Israel, although it is sidelined by more publicized and controversial issues. The debate as to the morality of abortion is antecedent to the debate about separation of religion and state in the context of Israel as a Jewish State and a democracy.

In 2024, Pew Research Center reported that 51% of Israeli adults believed that abortion should be legal in most or all cases, with 42% having the opposite opinion.{{Cite journal|title=Support for legal abortion is widespread in many places, especially in Europe|journal=Pew Research Center|url=https://www.pewresearch.org/short-reads/2024/05/15/support-for-legal-abortion-is-widespread-in-many-countries-especially-in-europe/|date=15 May 2024|access-date=19 July 2024}}

Orthodox Jewish organizations, including political parties, strongly oppose abortion because most interpretations of Jewish law view abortion as prohibited, except for saving the mother's life or health.{{Cite web|url=https://www.timesofisrael.com/jewish-women-express-anger-after-orthodox-rabbis-compare-abortion-to-murder/|title=Jewish women express anger after Orthodox rabbis compare abortion to murder|last=Sales|first=Ben|website=www.timesofisrael.com|language=en-US|access-date=2019-02-03}} Political parties that champion this view include Shas, a Sephardic Haredi party; United Torah Judaism, an Ashkenazi Haredi party; and HaBayit HaYehudi (Jewish Home), a Religious Zionist party. A study published in 2001 found that opposition to abortion among Israelis was correlated to strong religious beliefs, particularly Orthodox Jewish beliefs, below-average income, larger family size, and identification with right-wing politics.{{cite journal | url=https://doi.org/10.1111/0038-4941.00033 | doi=10.1111/0038-4941.00033 | title=Public Attitudes toward Abortion in Israel: A Research Note | year=2001 | last1=Remennick | first1=Larissa I. | last2=Hetsroni | first2=Amir | journal=Social Science Quarterly | volume=82 | issue=2 | pages=420–431 }}

Left-wing parties, such as Meretz, argue in favor of legalized abortion for reasons of personal liberty. In 2006, MK Zehava Gal-On of Meretz proposed a bill that would eliminate the termination committees, effectively decriminalizing unrestricted abortion.{{cite web |title=הצעת חוק העונשין (תיקון - ביטול ועדת ההריונות), התשס"ו-2006 |url=https://main.knesset.gov.il/Activity/Legislation/Laws/Pages/LawBill.aspx?t=lawsuggestionssearch&lawitemid=130354 |website=מאגר החקיקה הלאומי |access-date=18 February 2024}} Gal-On argued that women with financial means can have abortions in private clinics, bypassing the committee and, therefore, gaining rights based on their wealth. The bill was rejected by a wide margin.{{cite news |title=הח"כיות נעדרו מההצבעה על ועדות ההריון |url=https://www.ynet.co.il/articles/0,7340,L-3268637,00.html |access-date=18 February 2024 |agency=Ynet |date=28 June 2006}}

When the relevant section of the penal code was originally written, it contained a "social clause" permitting women to seek abortions for social reasons, such as economic distress. The clause was withdrawn in 1980 under the initiative of the Orthodox Jewish parties (see Shas, United Torah Judaism, and National Religious Party).

This clause is still under debate in Israel. In 2004, MK Reshef Chen of Shinui submitted an addendum to reinstate the clause, arguing that under present circumstances, women with financial problems must lie to the termination committee to obtain approval under the emotional or psychological damage clause, and that "no advanced country compels its citizens to lie in order to preserve religious, chauvinistic, patronizing archaic values". Women's organizations such as Naamat supported the proposal.{{in lang|he}} Ruti, Sinai. (June 8, 2004). "[http://news.walla.co.il/?w=//553906 Proposal: Women in poor financial condition will be able to get an abortion] {{Webarchive|url=https://web.archive.org/web/20120205044819/http://news.walla.co.il/?w=%2F%2F553906 |date=2012-02-05 }}." Walla!. Retrieved February 3, 2007.

Women's organizations such as Naamat{{Cite web|url=https://naamat.org/|title=NA'AMAT USA | Jewish Women's Organization Supporting Israel|website=NA'AMAT USA | Jewish Women's Organization Supporting Israel}} and Shdulat HaNashim (women's lobby){{in lang|he}} [http://www.iwn.org.il/inner.asp?newsid=53 IWN official site] {{webarchive |url=https://web.archive.org/web/20070819171104/http://www.iwn.org.il/inner.asp?newsid=53 |date=August 19, 2007 }}, legal pregnancy termination in Israel argue in favor for feminist, pro-choice reasons, such as reproductive rights.

Efrat{{Cite web |url=http://www.efrat.org.il/en/ |title=Efrat official site |access-date=2007-02-03 |archive-url=https://web.archive.org/web/20191019012851/https://www.efrat.org.il/en/ |archive-date=2019-10-19 |url-status=dead }} is a religious organization that lobbies against abortions, as well as offering financial support to women who are considering abortion for economic reasons. Efrat's campaign includes stickers with the slogan, "Don't abort me" ({{langx|he|אל תפילו אותי}}). Be'ad Chaim (Pro-Life) {{Cite web|url=https://www.beadchaim.com/|title=Help Israeli women and men choose LIFE | Be'ad Chaim - Israel Pro-Life|website=www.beadchaim.com}} is a Messianic Christian anti-abortion non-profit association. Another organization which provides financial support and counseling to women considering abortion is "Just One Life" (J.O.L.){{Cite web|url=https://justonelife.org/|title=Just One Life - Just One Life|website=justonelife.org}} – which in Hebrew is known as Nefesh Achat B'Yisrael.

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Category:Law of Israel

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