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The Abortion of Deformed Fetus Between Criminalization and the Legitimacy of Therapeutic Pregnancy Termination in Algerian Law

By Belabbas Amel

Law and World · Vol. 11, No. 33, pp. 35-46 · 2025

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Abstract

This article examines a critical and highly debated issue concerning the abortion of a deformed fetus, a topic that continues to provoke significant legal and ethical discussions. Abortion, as addressed by statutory legislation, balances two competing rights: the fetus’s right to life and the woman’s right to bodily autonomy. Algerian law, however, gives precedence to the fetus’s right to life, whether the fetus is healthy or deformed, and criminalizes intentional abortion, whether performed by the mother or a third party. The crime is deemed complete when its legal elements are fulfilled, except in cases of necessity. The Penal Code explicitly exempts cases where the mother’s life is at risk, recognizing therapeutic abortion as a lawful exception. Additionally, Health Law No. 18-11 allows for therapeutic termination of pregnancy when the mother’s life or psychological and mental well-being is threatened, provided that the procedure is conducted in a public healthcare institution. However, the law does not explicitly address the issue of deformed fetuses, leaving this matter without a clear legal directive.

Details

Publication type
Journal article
Author
  • Belabbas Amel - Doctor of Law, Professor Lecturer A. Institut of Law and Political Sciences, University Centre Of Maghnia, Algeria
Journal
Law and World
Publication
March 31, 2025
Volume
11
Issue
33
Pages
35-46
Language
English
DOI
10.36475/11.1.3
ISSN
2346-7916
Institutions
University Centre of Maghnia
Access
Open access
Licence
CC BY-SA 4.0
Added to catalogue
Metadata source
Supplied by the publisher

Areas of law

Criminal Law

Keywords

Abortion crime deformed fetus therapeutic pregnancy termination necessity

Cite this record

Amel, B. (2025). The Abortion of Deformed Fetus Between Criminalization and the Legitimacy of Therapeutic Pregnancy Termination in Algerian Law. Law and World, 11(33), 35-46. https://doi.org/10.36475/11.1.3
Amel, Belabbas. "The Abortion of Deformed Fetus Between Criminalization and the Legitimacy of Therapeutic Pregnancy Termination in Algerian Law." Law and World 11, no. 33 (2025): 35-46. https://doi.org/10.36475/11.1.3.
@article{amel2025_cmn0mv,
  title     = {The Abortion of Deformed Fetus Between Criminalization and the Legitimacy of Therapeutic Pregnancy Termination in Algerian Law},
  author    = {Amel, Belabbas},
  year      = {2025},
  journal   = {Law and World},
  volume    = {11},
  number    = {33},
  pages     = {35--46},
  doi       = {10.36475/11.1.3},
  issn      = {2346-7916},
  language  = {en},
  url       = {https://lawandworld.ge/index.php/law/article/view/670},
  note      = {Open access}
}
Download BibTeX 
TY  - JOUR
AU  - Amel, Belabbas
TI  - The Abortion of Deformed Fetus Between Criminalization and the Legitimacy of Therapeutic Pregnancy Termination in Algerian Law
PY  - 2025
JO  - Law and World
VL  - 11
IS  - 33
SN  - 2346-7916
DO  - 10.36475/11.1.3
LA  - en
UR  - https://lawandworld.ge/index.php/law/article/view/670
AB  - This article examines a critical and highly debated issue concerning the abortion of a deformed fetus, a topic that continues to provoke significant legal and ethical discussions. Abortion, as addressed by statutory legislation, balances two competing rights: the fetus’s right to life and the woman’s right to bodily autonomy. Algerian law, however, gives precedence to the fetus’s right to life, whether the fetus is healthy or deformed, and criminalizes intentional abortion, whether performed by the mother or a third party. The crime is deemed complete when its legal elements are fulfilled, except in cases of necessity. The Penal Code explicitly exempts cases where the mother’s life is at risk, recognizing therapeutic abortion as a lawful exception. Additionally, Health Law No. 18-11 allows for therapeutic termination of pregnancy when the mother’s life or psychological and mental well-being is threatened, provided that the procedure is conducted in a public healthcare institution. However, the law does not explicitly address the issue of deformed fetuses, leaving this matter without a clear legal directive.
KW  - Abortion
KW  - crime
KW  - deformed fetus
KW  - therapeutic pregnancy termination
KW  - necessity
KW  - აბორტი
KW  - დანაშაული
KW  - განვითარების ანომალიის მქონე ნაყოფი
KW  - ორსულობის თერაპიული შეწყვეტა
KW  - უკიდურესი აუცილებლობა
SP  - 35
EP  - 46
ER  -
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