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Abortion In Iran: Navigating Strict Laws & Women's Rights

Mr. Braden Batz IV

Is abortion legal in Iran? The answer is far from straightforward, revealing a complex and often contradictory legal landscape. Like many governmental policies, the regulations surrounding abortion in Iran have undergone drastic transformations across different administrations, reflecting shifting political, social, and religious ideologies. What was once a cautiously liberalized service has progressively become one of the most tightly controlled aspects of reproductive health, with profound implications for women across the nation.

This intricate legal evolution has created a challenging environment for Iranian women, who must navigate a system where access to safe and legal abortion services is severely restricted. The journey from a period of relative openness to the current stringent framework is a testament to the ongoing struggle between public health needs, individual autonomy, and state-imposed moral codes. Understanding this trajectory is crucial to grasping the realities faced by millions of women in Iran today.

Table of Contents

A Shifting Landscape: The Historical Context of Abortion Laws in Iran

The history of abortion legislation in Iran is marked by significant reversals, reflecting the country's turbulent political and social narrative. Initially, abortion was criminalized in Iran in 1926, a move that came two decades after the establishment of the modern state. This early criminalization set a precedent for a restrictive approach to reproductive rights. However, a notable shift occurred in 1977 when abortion was first legalized. This period represented a more liberal stance, allowing for certain circumstances under which a woman could legally terminate a pregnancy. This relatively progressive phase, however, was short-lived. The political landscape of Iran underwent a dramatic transformation, leading to subsequent changes in government policy. In April 2005, the Iranian parliament approved a new bill that eased some conditions, specifically allowing abortion in certain cases when the fetus showed signs of disability. This amendment was accepted by the Council of Guardians on June 15, 2005, marking a moment where medical necessity was formally acknowledged within the legal framework. While seemingly a step towards greater access, this liberalization was limited and still maintained a strict overall approach. These conditions have changed since then, with the trend moving towards greater restriction, particularly in recent years, demonstrating how fluid and politically influenced the legal status of abortion in Iran has been. Under the current legal framework, abortion in Iran is only legal in very specific and limited circumstances. The laws surrounding abortion are quite strict, making it exceptionally difficult for women to access safe and legal abortion services. While the 2005 amendment provided a narrow window for therapeutic abortions in cases of severe fetal disability, the general principle remains highly restrictive. The legal process for obtaining such an abortion often involves navigating a complex bureaucratic system, including approvals from the Legal Medicine Organization, which investigates cases referred to them for abortion permission. This strictness is rooted in a blend of religious interpretations and state policies that prioritize population growth and traditional family structures. The emphasis is heavily placed on supporting pregnant women and fetuses, a historical stance that has consistently shaped the legal approach to abortion. Consequently, for the vast majority of women facing an unwanted pregnancy, the legal avenues for abortion remain closed, pushing them towards illicit and often dangerous alternatives.

The 2021 Family and Youth Protection Law: A Major Turning Point

A significant tightening of these already stringent regulations occurred with the approval of a controversial law in 2021. In an explicit attempt to boost Iran's flagging population growth, the government enacted the "Family and Youth Protection Law." This legislation further tightened restrictions on medical abortions and, critically, banned the free distribution of contraceptives and family planning services. This move represented a dramatic reversal of previous family planning policies that had been instrumental in improving reproductive health outcomes. The 2021 law is not merely about restricting abortion; it is a comprehensive measure designed to control women's reproductive choices and significantly increase birth rates. Women's rights activists and doctors have widely condemned these measures, arguing that they severely undermine women's rights to sexual and reproductive health. The law effectively eliminates many of the limited options women previously had for preventing unwanted pregnancies or safely terminating them, thereby placing women's health and lives at significant risk. This legislative shift has profound implications for the future of reproductive health in Iran, making the question of "is abortion legal in Iran" even more fraught with challenges.

The Shadow Epidemic: Unsafe Abortions and Public Health Risks

The restrictive abortion laws in Iran have inevitably led to a widespread "shadow epidemic" of unsafe abortions, posing significant health risks to women across the country. When legal avenues are virtually non-existent, women are forced to seek clandestine procedures, often performed by untrained individuals in unsanitary conditions. This grim reality is a major public health concern, as unsafe abortion is one of the most important causes of death and disability among mothers in countries where abortion is illegal or highly restricted. According to official data, an estimated 300,000 to 600,000 illegal abortions are performed in Iran every year. This staggering figure highlights the immense demand for abortion services despite the severe legal consequences. Hundreds of thousands of women defy strict family planning laws enforced by the Islamist regime annually, desperate to escape unwanted pregnancies. These underground procedures frequently result in severe complications, including hemorrhage, infection, uterine perforation, and even death, transforming what should be a safe medical procedure into a life-threatening ordeal. The pervasive nature of unsafe abortions underscores the critical need for accessible and legal reproductive healthcare, even in the face of stringent legal barriers. The stark contrast between the number of legal and illegal abortions in Iran reveals a profound disconnect in official statistics and the lived reality of women. While some 9,000 legal abortions are performed annually in Iran, a country with a population of 82 million people, this number pales in comparison to the estimated hundreds of thousands of illegal procedures. This disparity is further emphasized by statements from experts within Iran. Back in 2022, Saleh Ghasemi, head of the Center for Strategic Research on Population, publicly stated that only three percent of abortions in Iran are legal, and two percent are spontaneous miscarriages. This means a staggering 95% of all induced abortions are performed illegally. The absence of official, comprehensive statistics on abortions in Iran is partly due to the sensitive nature of this phenomenon and the strict abortion laws. However, the available data and expert testimonies paint a clear picture: the legal framework fails to address the actual needs of women. The vast majority of abortions are occurring outside the regulated healthcare system, hidden from official view, yet contributing significantly to maternal morbidity and mortality. This statistical chasm highlights the urgent need for a re-evaluation of policies that prioritize punitive measures over public health and women's well-being.

Erosion of Reproductive Rights: Impact on Iranian Women

The restrictive abortion laws are part of a broader pattern of systemic discrimination faced by women in Iran, enshrined within the country’s legal framework. The Iranian regime has implemented and enforced a series of oppressive policies that violate women’s rights, ranging from compulsory hijab laws to forced pregnancies, restrictions on abortion, child marriages, domestic violence, and femicide. These interconnected policies collectively diminish women's autonomy and control over their bodies and lives. The 2021 population law, in particular, has been widely criticized for further violating women’s rights to sexual and reproductive health. By limiting access to reproductive health services and tightening abortion restrictions, the law directly puts women’s health and lives at risk. It creates a climate where women are not only denied choice but are actively coerced into pregnancies they may not want or cannot sustain safely. This erosion of rights forces women into desperate situations, often with severe physical and psychological consequences.

Barriers to Access: Why Women Seek Illegal Options

The reasons women seek illegal abortions in Iran are multifaceted and deeply rooted in societal and legal constraints. One significant barrier is the legal status of relationships outside of marriage. Like sex before marriage, cohabitation is illegal under Iran's strict Islamic laws. Consequently, women who get pregnant from extramarital affairs have no legal options for abortion in Iran, regardless of their circumstances. For cohabiting couples who conceive, abortion or emigration are often considered the only way out, highlighting the extreme pressure they face. Beyond legal prohibitions, a lack of free access to contraception and means of escaping unwanted pregnancy also drives women to underground abortions. The 2021 law's ban on free contraception has exacerbated this issue, making it even harder for women, especially those from lower-income backgrounds, to prevent unwanted pregnancies in the first place. A qualitative study exploring the reasons women sought abortions in an illegal context, based on their own experiences, would likely reveal a complex web of economic hardship, social stigma, lack of support, and the sheer impossibility of navigating the legal labyrinth for a safe, legal procedure. These combined factors create an environment where illegal abortions, despite their dangers, become the only perceived recourse for many women.

Government Oversight and Enforcement: Monitoring Reproductive Health

In line with its objective to boost population growth and enforce its restrictive policies, the Iranian government has also implemented measures to increase oversight and enforcement regarding reproductive health services. Under the 2021 law, antenatal screening tests will be restricted, a move that directly impacts the ability to detect fetal disabilities early, potentially limiting the very grounds on which a legal abortion might be considered. This restriction raises concerns about the health and well-being of both mothers and children, as early detection of severe conditions is crucial for informed decision-making and appropriate medical care. Furthermore, the health ministry is mandated to establish a system to collect comprehensive information on everyone who goes to a health center for fertility treatment, pregnancy, delivery, and abortion. This data collection initiative, while framed as a public health measure, is viewed by many as a means of surveillance and control over women's reproductive lives. The law also calls on Iran’s judiciary and health ministry to draft a plan for curtailing doctors who provide abortions illegally and people who distribute abortion pills. This indicates a concerted effort to crack down on the underground networks that women rely on, further isolating them and increasing the risks associated with seeking care outside the official, restricted channels.

The Decline of Family Planning and Its Consequences

Historically, family planning initiatives had been essential to decreasing unsafe abortion in Iran. For decades, Iran had a robust and highly effective family planning program that provided free contraceptives and reproductive health education, leading to a significant reduction in both birth rates and unsafe abortions. One doctor, in a conversation with HRA (Human Rights Activists), stated that, “initially, we observed a decrease in abortion rates, thanks to effective family planning and education.” This period demonstrated the power of comprehensive reproductive health services in safeguarding women's health and empowering them with choice. However, the trends over the years have shown a significant shift in safety, largely due to the new restrictive laws, particularly the 2021 Family and Youth Protection Law. By banning free contraception and scaling back family planning services, the government has inadvertently created a vacuum, leaving many women without the means to prevent unwanted pregnancies. This policy reversal has directly contributed to the rise in unsafe abortions, as the doctor further noted, "However, the new restrictive laws..." The dismantling of successful family planning programs has not only jeopardized women's health but also undermined decades of progress in public health, illustrating the severe consequences of prioritizing population growth over comprehensive reproductive care. For the very limited cases where abortion might be considered legal in Iran, women and their families face a daunting bureaucratic and ethical labyrinth. The process typically involves referral to the Legal Medicine Organization (LMO), a governmental body responsible for forensic medicine and medical ethics. The present study has investigated cases who were referred to the legal medicine organization to receive abortion permission, indicating that this is the primary official channel for legal abortion requests. This country-level secondary patient data analysis investigated all the cases who sought this permission. The LMO's role is to assess whether the conditions for a therapeutic abortion, such as severe fetal disability or a threat to the mother's life, are met according to Islamic jurisprudence and national law. This often involves multiple medical examinations, consultations, and the agreement of a panel of doctors. Even when a condition like severe fetal anomaly is confirmed, families may still face emotional and ethical dilemmas. The data suggests that some families, initially seeking abortion, eventually had a change of heart and hoped that they would be able to navigate the legal labyrinth to obtain a birth certificate for their unborn child, despite the child's condition. This illustrates the immense pressure, moral complexities, and bureaucratic hurdles involved, making even the rare legal abortion a profound challenge for those involved.

A Call for Change: Advocating for Women's Health and Rights

The current state of abortion legality in Iran represents a critical challenge to women's health and fundamental human rights. The trajectory from limited legalization to severe restriction, culminating in the 2021 Family and Youth Protection Law, has created a perilous environment for Iranian women. The alarming statistics of hundreds of thousands of unsafe abortions annually underscore the dire consequences of policies that prioritize population targets over individual autonomy and public health. Iran’s new population law further violates women’s rights to sexual and reproductive health and puts women’s health and lives at risk. Women’s rights activists and doctors within Iran and internationally continue to raise their voices against these measures. They highlight that the restrictive abortion laws have led to widespread unsafe abortions, posing significant health risks and contributing to maternal mortality and morbidity. The purpose of qualitative studies exploring the reasons women sought abortions in an illegal context, based on their own experiences, is to bring these hidden struggles to light and advocate for policy changes that respect women's bodily autonomy and ensure access to comprehensive reproductive healthcare. The ongoing struggle for safe and legal abortion in Iran is a poignant reminder of the universal need to protect reproductive rights as an integral part of human rights.

Conclusion

In conclusion, the question of "is abortion legal in Iran" reveals a landscape of severe restrictions, marked by a history of shifting policies that have progressively eroded women's reproductive rights. While a narrow window for therapeutic abortion exists under specific conditions, the overwhelming reality for Iranian women is one of limited access to safe and legal services. The 2021 Family and Youth Protection Law represents a critical turning point, further tightening restrictions, banning free contraception, and placing women's health and lives at unprecedented risk in an effort to boost population growth. The tragic consequence of these stringent laws is the widespread prevalence of unsafe, illegal abortions, with hundreds of thousands performed annually, leading to significant health complications and even death. This situation highlights a profound disconnect between legal frameworks and the actual needs of women. As women's rights activists and healthcare professionals continue to advocate for change, it is crucial for global awareness to be raised about the challenges faced by Iranian women in accessing fundamental reproductive healthcare. We invite you to share your thoughts and perspectives on this critical issue in the comments below. Your voice can contribute to a broader understanding and support for women's reproductive rights globally. If you found this article informative, please consider sharing it to raise awareness about the complex realities of abortion legality in Iran. Iran, Abortion, Brexit: Your Thursday Briefing - The New York Times

Iran, Abortion, Brexit: Your Thursday Briefing - The New York Times

Iran doubles down on abortion and contraception restrictions - The

Iran doubles down on abortion and contraception restrictions - The

Is abortion illegal now? - The New York Times

Is abortion illegal now? - The New York Times

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