The Offense of Self-Induced Abortion in Respect of Foreign Nationals

The offense of self-induced abortion, regulated under Article 100 of the Turkish Penal Code (TPC), criminalizes a pregnant woman who knowingly and voluntarily terminates her own pregnancy beyond the legally permitted time limit or consents to the termination of her pregnancy under such circumstances.

The manner in which this offense manifests itself with respect to foreign nationals living in Türkiye should be examined within the framework of international legal principles, Turkish healthcare legislation, the dynamics of migrants’ and foreigners’ access to healthcare services, language barriers, and cultural differences.

The legal restrictions, lack of information, and emergency situations encountered by foreign women while managing their pregnancies during their stay in Türkiye play a significant role in both the commission of offenses under Article 100 of the Turkish Penal Code and the circumstances in which they may become victims of related criminal conduct.

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CHAPTER ONE

Applicability to Foreign Nationals and Conflict of Laws

Every individual, whether a Turkish citizen or a foreign national, who is present within the territory of the Republic of Türkiye is subject to the provisions of the Turkish Penal Code under the principle of territoriality.

Accordingly, if a foreign woman terminates her pregnancy in Türkiye outside the legally permitted time limits, the legal characterization of her conduct shall be determined in accordance with Article 100 of the Turkish Penal Code.

Differences Between the Laws of the Home Country and Turkish Legislation

The legal framework governing the termination of pregnancy in a foreign woman’s country of nationality may be significantly more permissive than that of Türkiye. For example, some jurisdictions permit abortion at later stages of pregnancy or allow abortion without strict gestational limits.

Such differences may give rise to claims of mistake of law, particularly where a foreign national is unfamiliar with the provisions of Law No. 2827 on Population Planning, including the general ten-week legal limit applicable under Turkish law.

However, pursuant to the fundamental principle of criminal law that ignorance of the law does not excuse criminal liability, individuals present in Türkiye are expected to comply with Turkish legislation. Consequently, unfamiliarity with Turkish abortion laws does not, in itself, eliminate criminal responsibility.

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CHAPTER TWO

The Ten-Week Legal Time Limit and Access Challenges Faced by Foreign Women

Foreign nationals lawfully residing in Türkiye—including holders of work permits, students, residence permit holders, and individuals under temporary or international protection—may benefit from public or private healthcare services under the conditions prescribed by Turkish legislation.

Nevertheless, various practical difficulties may push foreign women outside the lawful healthcare system.

Lack of Information and Bureaucratic Obstacles

Foreign women may not be sufficiently informed about:

• the operation of the Turkish healthcare system,
• the legal ten-week limit for the termination of pregnancy,
• the hospitals and medical institutions legally authorized to provide abortion services.

As a consequence, the pregnancy may progress beyond the legally permitted period before they are able to access appropriate medical care.

Women who, after the legal period has expired, believe that they have no lawful alternatives may resort to unauthorized or illegal procedures.

Such situations may give rise not only to criminal liability under Article 100 of the Turkish Penal Code (self-induced abortion) but also to offenses under Article 99 (unlawfully causing an abortion) where third parties are involved.

Health Insurance and Financial Factors

For foreign women who do not possess health insurance or whose insurance does not cover abortion-related medical services, the financial cost of pregnancy termination in private healthcare institutions may be prohibitive.

As a result, some women may seek unsafe or unauthorized alternatives, thereby exposing themselves to significant medical and legal risks.

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CHAPTER THREE

Consent as a Protected Right and Situations Involving Coercion

When examining the offense of self-induced abortion with respect to foreign women, it is essential to determine whether the decision to terminate the pregnancy was made freely and voluntarily or whether it resulted from pressure exerted by family members, social circumstances, or criminal organizations.

Coercion by Third Parties (Article 100(2) of the Turkish Penal Code)

The economic and social vulnerabilities experienced by foreign women during migration processes may expose them to pressure from:

• spouses,
• relatives,
• family elders,
• human trafficking networks,
• organized criminal groups.

Where a woman is compelled through force, threats, intimidation, or coercion to terminate her pregnancy against her will, the legal characterization of the act changes.

In such circumstances, the conduct no longer falls within the scope of Article 100, but instead constitutes the offense of causing an abortion without the woman’s consent under Article 99(2) of the Turkish Penal Code.

Accordingly, the foreign woman is not regarded as an offender but rather as the direct victim of the offense.

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CHAPTER FOUR

Special Issues in Criminal Proceedings and Forensic Medical Examinations

If it becomes apparent that a foreign woman has terminated—or attempted to terminate—her pregnancy outside the legally permitted period after she seeks medical treatment for complications such as severe bleeding, infection, or other medical emergencies, criminal authorities may initiate an investigation.

During this process, several procedural safeguards apply.

Interpreter Assistance and Confidentiality

Taking into consideration the woman’s physical and psychological condition, her statement should be obtained with the assistance of an impartial and qualified interpreter where necessary.

Throughout the investigation, an appropriate balance must be maintained between:

• medical confidentiality and patient privacy,
• the legal obligation to notify judicial authorities where required by law.

Administrative Consequences and Deportation

If a foreign national is convicted following criminal proceedings, deportation procedures may be initiated after the execution of the sentence pursuant to the provisions of the Law on Foreigners and International Protection (Law No. 6458).

Depending on the circumstances of the case and the applicable immigration legislation, administrative measures such as a ban on re-entering Türkiye may also be imposed.

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CHAPTER FIVE

Conclusion

The offense of self-induced abortion under Article 100 of the Turkish Penal Code reflects the obligation of all individuals within Türkiye, regardless of nationality, to comply with the legal time limits and medical regulations governing the termination of pregnancy.

Language barriers, insufficient knowledge of Turkish law, and economic disadvantages may cause foreign women to miss the legally prescribed time limits and subsequently resort to unlawful methods, thereby creating significant risks for both public health and legal certainty.

Accordingly, judicial and administrative authorities should carefully examine, in each individual case, whether the woman acted freely and voluntarily, whether her decision was influenced by coercion, intimidation, exploitation, or other forms of pressure, and whether she should properly be regarded as a victim rather than an offender.

Such a careful and individualized assessment is essential to ensuring that justice is administered fairly while simultaneously protecting women’s fundamental rights, maintaining public health, and upholding the rule of law in accordance with both Turkish legislation and internationally recognized human rights principles.