The High Court of the Caribbean nation of Dominica has decriminalized abortion in cases of rape, incest, certain prenatal diagnoses, and when abortion is determined ‘necessary’ to preserve the life or health of the pregnant mother. This expansion of abortion in Dominica is the result of a recent decision from the Eastern Caribbean Supreme Court, which declared the country’s 19th-century pro-life law unconstitutional.

Key Takeaways:

• The High Court of Dominica has ruled that the government must decriminalize abortion in cases of rape, incest, certain prenatal diagnoses, and when the mother's life or health is in danger.

• The government was given six months to comply with the ruling.

• Previously, the nation protected all preborn babies from abortion, and women and abortionists faced up to 10 years in prison for violating the law.

The Details:

Up until the High Court ruling on July 23, Dominica had protected preborn children from abortion, including in cases of rape and incest, under the Offenses Against the Person Act. Induced abortion — the direct and intentional killing of preborn children — is not medically necessary.

Dominica’s law was based on 19th-century Common Law. Offenses could be punished with penalties for women and abortionists, including imprisonment for up to 10 years.

Recent legal opposition to the pro-life protections began in 2022, when a coalition of abortion advocacy groups including Women’s Choice, MiRiDom, and ASPIRE, requested clarification on the constitutionality of the pro-life law from the Attorney General. The coalition filed a constitutional claim in April 2024 after the Attorney General refused the request for clarification.

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MiRiDom found a principal claimant, a young woman, for the case. However, as the coalition admitted in Dominica News Online, the groups were unable to convince even one physician or pharmacist practicing in Dominica to join the case. 

Instead, they found a physician in Barbados to support their pro-abortion cause, and the case was heard before the High Court in October of last year.

The Eastern Caribbean Supreme Court ruled this month that the pro-life law was unconstitutional and violated protection from sex discrimination, security of the person, and equal protection under the law. 

What's Happening Now:

The Government of Dominica has six months to comply with the High Court’s ruling. There is still a possibility that the government could appeal the decision.