PRO wants abortion removed from criminal law
MP Lisa Vliegenthart wants to introduce an private member’s bill today to move the legal basis for criminalisation.
Opposition party PRO wants to remove abortion from the Dutch Criminal Code and regulate it as routine healthcare. The proposal was announced by MP Lisa Vliegenthart; the precise text and parliamentary consideration are still to follow.
The current Dutch system is set out in Article 296 of the Dutch Criminal Code. It makes abortion criminal in principle, with an exception for a doctor who performs the treatment in a licensed clinic or hospital and complies with the statutory conditions. Under the existing system, the pregnant woman herself is not criminally liable.
PRO wants to replace that system with one in which abortion falls under ordinary healthcare law. Vliegenthart says its place in criminal law contributes to stigma and creates barriers for people seeking care. The party is building on an earlier initiative from 2023 that sought to regulate abortion as healthcare, but which did not reach a completed parliamentary consideration at the time.
The move is politically relevant because several parties have previously expressed support for a change, but not necessarily for the same legal approach. In a parliamentary debate, D66 said it would consider an private member’s bill carefully. A majority is therefore not yet assured: support may depend on the precise protection afforded to patients, healthcare providers and unborn life.
The question of what should replace criminal-law protection is also central. The Erasmus School of Law describes models in which rules on quality, complaints, professional practice and gestational age are incorporated into healthcare legislation. Simply repealing Article 296 would therefore not be enough; additional legislation would be needed on powers, due care and the limits of the treatment.
Supporters see the issue primarily as a matter of principle: in their view, abortion belongs within medical care rather than criminal law. Opponents fear that this would weaken the legal protection of patients and unborn life. The private member’s bill must first be introduced, reviewed by the Council of State and considered in both chambers. The announcement is therefore not yet a change to the law in force.
One story, several perspectives
What is established
- Abortion currently falls under a criminal-law provision with exceptions for authorised healthcare providers.
- PRO wants to move the legal basis to ordinary healthcare law.
- The announced private member’s bill has not yet been passed, and its precise text was not available at the reference date.
Left
Arguments Abortion is medical care and should be approached in law through bodily autonomy, accessibility and professional care. Criminal-law language can reinforce stigma and make healthcare providers more hesitant.
Values Self-determination, equal access and trust in healthcare professionals.
Consequences Healthcare could be regulated more clearly as an ordinary medical service, but firm quality and boundary rules would still need to remain in place.
Centre
Arguments The key question is not only where the provision is located, but what protection replaces it. A healthcare-law framework is conceivable if quality, consent, gestational age and protection against coercion are carefully laid down.
Values Legal clarity, due care and institutional protection.
Consequences A compromise could reduce the symbolic role of criminal law without abandoning oversight and professional standards.
Right
Arguments Criminal law expresses that abortion involves more interests than just the relationship between patient and doctor. Removing the provision could weaken the protection of unborn life and patients if no equivalent alternative is introduced.
Values Protection of vulnerable life, social boundaries and precaution.
Consequences Retaining the current system preserves a clear legal boundary, but according to opponents of that system could allow stigma and barriers to persist.
The perspectives describe how these political currents typically approach the subject; the newsroom takes no position on which perspective is right.
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The text keeps PRO’s announcement separate from the law currently in force. The legal consequences and political support are presented as open questions, not established outcomes.
- confirmed PRO wants to remove abortion from the Dutch Criminal Code. — Public reporting and a parliamentary debate confirm the announced private member’s bill. source
- confirmed The current system is set out in Article 296 of the Dutch Criminal Code. — Lower House information on the citizens’ initiative describes Article 296 as the relevant criminal provision. source
- confirmed The pregnant woman is not criminally liable under the current Dutch system. — The existing legal framework directs the criminal provision at the person performing the abortion; this is also explained in publicly available legal background information. source
- confirmed A new system would require additional provisions on due care and powers. — The Erasmus School of Law discusses the necessary alternative healthcare-law framework. source
- confirmed A majority for the proposal is not yet assured. — The sources show support and a willingness to consider the proposal, but no bill has been passed and no majority has been established. source
Editor's note
PRO’s announcement has been confirmed by parliamentary documents and public statements. The private member’s bill itself was not substantively available at the reference date; its precise legal form and majority remain uncertain.Sources
- Handeling 2025-2026, nr. 46, item 28 — Tweede Kamer
- Burgerinitiatief Abortus is geen misdaad — Tweede Kamer
- Abortus uit het strafrecht: hoe zou dat er dan uit kunnen zien? — Erasmus School of Law
- Abortus is zorg en hoort niet thuis in het strafrecht — Dokters van de Wereld
- Verklaring tegen plannen om abortus uit het Wetboek van Strafrecht te halen — Kies Leven
More on this in Dutch media
- NU.nl — „abortus pro”
- De Telegraaf — „abortus pro”
- AD — „abortus pro”