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An 18-year-old was raped while in Saudi Arabia but she got pregnant and was refused to allow it to be removed. Her family said she died in her hospital bed, so how does the country respond?
The teenager is said to be the first woman to be denied the right to choose whether or not her baby is removed immediately after birth. Her case is not an isolated one and it follows similar battles for the right to abortion under international law.
The girl, who cannot be identified for legal reasons, decided to abort her pregnancy after the father threatened to murder her and make her give up her baby because she has an HIV diagnosis. After undergoing a caesarean section, her mother later discovered the pregnancy was due to her mother. When the family sought to have the baby removed by Saudi Arabia, the father and one of his relatives refused.
What is the law in Saudi Arabia?
If the young woman’s baby is not removed by the Saudi authorities within eight days, she cannot seek to have it removed by any means, including her own body. That means she must go to Riyadh to be treated for her pregnancy, a process that costs the minimum £4,000.
This is because in practice, the law is ambiguous about what constitutes an “act of abandonment”. According to a legal report from the UN Special Rapporteur on the right to health and other Human Rights, there is a long history of “exceptions to the general rule” that only a mother can have her baby taken away from her.
According to the legal report, the exceptions can include circumstances where the pregnancy is deemed to be a medical one and if the father is considered incapacitated.
So where is that “act” of abandonment? The report states that Saudi Arabia treats abandonment as “a matter left to the discretion of the woman, her guardian, husband or husband’s family and not to be enforced because it might be regarded as a crime”.
In other words, a court could order someone to take this woman’s baby, for fear that if there is any doubt about her child being theirs, she may decide not to raise it. The case of the girl suggests this is a widespread and prevalent practice, especially in rural
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