A Fatwa Codifies Abortion, Says Birth Control Is Mandatory For Algerians

Health, Population and Hospital Reform Ministry’s directive to “legalize” abortion implicitly angered opposition MPs from the Islamist parties, as they said that articles 79, 80 and 81 relating to maternal and child health that are included in the health bill that is presented for discussion in the “parliamentary committee” since Monday.

MP of the Movement for the Peace and Society, Youssef Berachid, member of the Health Committee in the Lower Chamber of Parliament, told Echorouk, that their bloc had stipulated during the discussion session with the Minister of the Sector that the legally licensed abortion was in compliance with the provisions of the Islamic Shariah, so they confirmed the need to involve men of fatwa and the opinion of religious scholars so that the text of the law is in accordance with the Sharia.

In his response to the concerns of MPs who opposed to the ambiguity of article 18 as currently drafted, especially as they expressed doubts that the matter would be expanded later, the Labor Minister clarified that the spirit of the article stems from medical and health backgrounds, and it is basically related to the mother and child, confirming that the “adherence to the position of Sharia is free of it, and that the text of the project was agreed by the other concerned sectors, including the Ministry of Religious Affairs and Endowments.

He told MPs that the committee was free to consult with religious and legal experts and to introduce what it considered necessary amendments, but they appeared uncomfortable with the minister’s speech, because they were accustomed to passing the majority to all bills that are initiated by the government.

It is noted that Article 81 is subject to disagreement and reservation in the draft law before the MPs, as it states literally:  “When it is established through prenatal diagnosis that the embryo or fetus is suffering from a serious disease or deformation that is not allowed for normal growth, the doctors specialized in this field,  and in agreement with the treating doctor must inform the couple to take an urgent medical decision, as circumstances permit, but if the life of the mother is in danger, they decide the abortion option”.

In a related context, the Health Minister closed the door before the demand of health syndicates and political parties calling for a second reading of the text of the draft health law. 

He revealed the preparation of a national program for birth control and review of the family book, saying: “This is a national emergency program after registering a large growth in the number of Algerians”.

He told deputies of the Health Committee in the lower chamber, that his services will not make any second reading of the text of the draft health law, which is under study at the level of the Committee:  “I am the only one authorized to study the law and there is no second reading.”

On the other hand, the deputies of the Health Committee demanded clarification of some of the articles concerning the free treatment and the nature of state funding for the private sector.

In this context, the Labor Party’s MP, Nadia Chouitem, said that it is unreasonable for the Social Security Fund to finance, adding: “There is a great contradiction between the articles in the text of the draft law, especially articles 12 and 14, where the categories that are concerned with free treatment were not identified, in addition to the clear trend towards the abolition of free treatment.”

Head of the Health, Social Affairs and Vocational Training Committee, Mohamed Bouabdallah, said that the text of the project being studied is the same as that proposed by the former Health Minister, Abdelmalek Boudiaf, because the referral of a new text to the committee requires passing it to the Council of Ministers for approval. 

“We, as deputies, will defend the free treatment, the right to access it and the equality of all Algerian citizens. We will not allow the crossing of red lines because they are an irreversible social gain.