The Cayman Law Reform Commission had been tasked with reviewing the Penal Code on abortion to ensure it aligns with the Bill of Rights. Having an abortion is currently against the law in Cayman, except to save the life of the woman. It is listed as an offence in the Penal Code, which Commission members described as “draconian”.
The report was submitted recently to Attorney General Samuel Bulgin, who had requested a review of the Penal Code in 2017. Members of the public had also been asked for their views in early 2022. A majority were in favour of legalising abortion. It is expected that the report, which includes draft legislation, will be sent to Cabinet for consideration.
The Penal Code does not set out a specific penalty for abortion-related offences, but states that, in instances where no punishment is specially provided for an offence, it is punishable with imprisonment for four years and with a fine. However, there have been no recorded instances of the Penal Code being used to prosecute anyone who has undergone an abortion in Cayman.
The Commission based their recommendations on the Cayman Bill of Rights, international practices and the public’s views. They have recommended that the offence of “procuring” [an ugly 19th century word] an abortion should be repealed and replaced with standalone legislation “to provide access to and regulate abortion”.
It was clear, they said, that women and girls were getting abortions in the Cayman Islands in spite of the law, and they were concerned about safety, the potential for inhuman or degrading treatment, interference with reproductive autonomy, and discrimination. They called for legislation that provides clear parameters for healthcare providers to ensure women and girls can access high-quality, evidence-based abortion care. And they recommended that abortion should be permitted without restriction up to 24 weeks’ gestation. After that period, they recommended abortions be allowed only in certain circumstances.
Lastly, they said it should be made an offence for unqualified individuals to provide abortions for health and safety reasons.
SOURCE: Cayman Compass, by Norma Connolly, 22 November 2024.