New bill seeks to remove abortion from criminal law
The private member’s bill moves the statutory rules on abortion into healthcare law.
GroenLinks-PvdA MP Lisa Vliegenthart has tabled a bill to stop treating abortion as a criminal act under the Criminal Code. Under the proposal, the existing requirements concerning quality and due care would become part of healthcare law.
The private member’s bill is called the ‘Abortion is healthcare Act’ and was submitted to the House of Representatives (Tweede Kamer) on 28 September. The proposer wants to remove Article 296 of the Criminal Code. This would remove the statutory basis for making abortion a criminal offence.
The rules would not disappear. The proposal would place the requirements concerning quality, complaints and disputes under the Healthcare Quality, Complaints and Disputes Act. The Termination of Pregnancy Act would also be amended, so that abortion would be regulated in law as medical care.
According to the explanatory memorandum, the change is intended to clarify the position of abortion care within the healthcare system. The proposer argues that its current place in criminal law creates an exceptional status, even though abortion is permitted under certain conditions.
The proposal has not yet been considered by the House of Representatives. The standing committee for Health, Welfare and Sport has scheduled a procedural meeting for 7 October. This would normally be followed by written questions, consultation and a substantive debate before MPs can vote.
The precise consequences depend on the parliamentary process. MPs may amend parts of the bill, propose additional safeguards or reject it. It must also become clear how supervision, professional responsibility and the existing gestational limit will be regulated within the new legal structure.
The submission therefore primarily opens a political and legal debate. The submission itself does not change access to abortion care for patients and healthcare providers. Any amendment to the law can only have consequences after approval by both Houses and its entry into force.
One story, several perspectives
What is established
- An MP has tabled a private member’s bill.
- The proposal seeks to remove abortion from Article 296 of the Criminal Code.
- The consideration and vote have yet to take place.
Left
Arguments Abortion is part of routine healthcare and not criminal law. In this view, its exceptional legal status can perpetuate stigma and uncertainty for patients and healthcare providers.
Values Bodily autonomy, access to care and equality.
Consequences The legal framework for care could become clearer and feel less stigmatising, while supervision would continue through healthcare law.
Centre
Arguments The main question is which legal structure best protects care. A change may be open to discussion, but only with clear safeguards for quality, professional responsibility and supervision.
Values Due care, legal certainty and institutional continuity.
Consequences A compromise could change the legal status without abandoning existing medical safeguards.
Right
Arguments Abortion concerns the fundamental protection of unborn life and should therefore not be treated solely as ordinary healthcare. In this view, its current foundation in criminal law makes that social boundary visible.
Values Protection of unborn life, moral responsibility and restraint.
Consequences Removing it from criminal law could, in this view, lower the threshold for abortion and weaken social protection.
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 follows the official summary and procedural information from the House of Representatives. No unsupported claims about the eventual outcome have been added.
- confirmed Lisa Vliegenthart submitted the private member’s bill ‘Abortion is healthcare Act’ on 28 September. — Mentioned in the official parliamentary document. source
- confirmed The proposal seeks to remove Article 296 of the Criminal Code. — Part of the official summary of the bill. source
- confirmed The standing committee’s procedural meeting is scheduled for 7 October. — Published on the parliamentary page for the bill. source
Editor's note
This is a submitted private member’s bill, not an Act that has been passed. The final text and consequences may change during the parliamentary process.Sources
- Wetsvoorstel Wet Abortus is zorg — Tweede Kamer der Staten-Generaal
- Voorstel van wet en memorie van toelichting — Tweede Kamer der Staten-Generaal