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In the Netherlands, abortion is regulated under the Criminal Code, meaning that healthcare providers can face criminal penalties unless specific legal conditions are met. Rutgers considers this legal framework outdated and unnecessary. When abortion is removed from the Criminal Code, forced abortion and abortions performed by unauthorised individuals will remain criminal offences. Criminal law should address harmful or prohibited acts, not a routine form of healthcare.
Rutgers therefore supports the bill submitted yesterday day by political party PRO, which would remove abortion from the Criminal Code.
86% of people in the Netherlands believe that a woman should be able to decide for herself about abortion. Criminal law should deal with prohibited acts, not healthcare that enjoys broad public support. The quality of abortion care and the protection of women against malpractice are safeguarded through professional disciplinary law, sufficient other legislation and regulations, and various medical standards. Including abortion in criminal law does not contribute to protecting women; it serves merely a symbolic function and potentially criminalises doctors who provide good and careful care. In both evaluations of the legislation (2005 and 2020), doctors already expressed a desire to take their work “out of the shadow of criminal law.”
“Abortion does not belong in criminal law. Existing laws and regulations already ensure good, safe and careful care. This outdated legal framework no longer fits current abortion practice or the positive attitude of people in the Netherlands toward this form of healthcare.”Karin van der Velde, reproductive health expert
The history of abortion legislation in the Netherlands
Until the 1960s, abortion was prohibited in the Netherlands. At the end of the 1960s, social attitudes toward abortion began to change, partly as a result of its legalisation in England and changing views surrounding sexuality. Between 1971 and the introduction of the Termination of Pregnancy Act (Wet Afbreking Zwangerschap, Wafz) in 1984, abortion was tolerated according to the “yes, unless” principle. Women received abortion care when they wanted it, unless there were compelling reasons not to provide it (for example, if there was doubt about whether the woman wanted the abortion).
The restrictions introduced by the Termination of Pregnancy Act turned this into a “no, unless” approach. Among other things, there must be a “crisis situation,” and the woman must be informed about other options, such as continuing the pregnancy or adoption. When the law came into effect, abortion remained part of criminal law out of concern about procedures being performed by unauthorised individuals, even though this was already very uncommon. As a result, the law represented a deterioration for women and healthcare providers compared with abortion practice at the time. In addition to keeping abortion within criminal law, the Wafz also imposed additional conditions.