THE HAGUE - A new bill in the Netherlands to remove abortion from the criminal code also affects Bonaire. The proposal explicitly declares the Termination of Pregnancy Act applicable to Bonaire, Sint Eustatius and Saba. For the Caribbean Netherlands, the act will be called the Termination of Pregnancy Act BES.
In the European Netherlands, Article 296 of the Criminal Code will be repealed. As a result, abortion will no longer be a separate criminal offence. The rules on care and quality will henceforth be incorporated into healthcare legislation.
For Bonaire, the proposal means that the current rules on termination of pregnancy will fall under a separate BES framework. Existing licences of institutions on Bonaire, Sint Eustatius and Saba will remain valid and will automatically be designated as licences under the new Termination of Pregnancy Act BES.
In practice, this may mean that the legal basis for abortion care on Bonaire will be adjusted and set out more clearly within the BES legislation. The proposal also contains provisions on, among other things, licences, supervision and the conditions under which pregnancies may be terminated. However, the bill does not state that the organisation or availability of abortion care on Bonaire will change immediately as a result.
The proposal still has to be debated by the House of Representatives and the Senate and is therefore not yet law.
