The Crime of Unlawful Abortion in Respect of Foreign Nationals

The offenses of unlawfully causing an abortion and self-induced abortion, regulated under Articles 99 and 100 of the Turkish Penal Code (TPC), apply equally to foreign nationals with respect to all offenses committed within the territory of the Republic of Türkiye, pursuant to the principle of territoriality.

Considering global migration, refugee status, tourism, and international mobility, foreign women’s access to healthcare services in Türkiye, their legal right to terminate a pregnancy, and unlawful interventions carried out during this process constitute an important aspect of criminal justice practice.

With respect to foreign nationals, the offense of unlawful abortion should be examined within the framework of international human rights standards, the application of Law No. 2827 on Population Planning to foreigners, language barriers, health insurance status, and unauthorized or underground medical interventions.

CHAPTER ONE

Applicable Law and Jurisdiction in Respect of Foreign Nationals

Where a foreign national present in Türkiye undergoes—or causes to be performed—a pregnancy termination procedure that may be lawful or culturally accepted in their home country, Turkish criminal law applies if the act takes place within the territory of Türkiye, pursuant to Article 8 of the Turkish Penal Code, which embodies the principle of territoriality.

Mistake of Law (Article 30/4 of the Turkish Penal Code)

Questions concerning a mistake of law may arise where a foreign offender or victim is unaware of the legal differences between the legislation of their home country and the provisions of Law No. 2827 on Population Planning and Article 99 of the Turkish Penal Code, particularly regarding the legal ten-week limit for lawful termination of pregnancy.

However, under the general principle of criminal law that ignorance of the law is no excuse, every individual present in Türkiye is required to comply with Turkish legislation regardless of nationality.

CHAPTER TWO

Foreign Women’s Access to Healthcare Services and Legal Limits

The conditions governing access to healthcare services differ among:

• Foreign nationals legally residing in Türkiye,
• Holders of residence permits,
• Individuals under international protection,
• Syrian nationals under temporary protection,
• Foreign visitors staying as tourists.

These differences may directly affect the circumstances under which the offense of unlawful abortion occurs.

The Ten-Week Legal Time Limit and Informed Consent

For a foreign woman to lawfully terminate a pregnancy in Türkiye, the pregnancy must not have exceeded ten weeks, and the procedure must be performed with her free and informed consent, subject to the conditions prescribed by applicable Turkish legislation.

To overcome language barriers, hospitals are required to provide access to qualified interpretation services or official medical interpreters where necessary.

Failure to ensure effective communication may result in the woman’s consent not being fully informed or accurately understood, potentially giving rise to legal disputes concerning the validity of consent.

Health Insurance and Financial Barriers

Financial or administrative obstacles encountered in accessing authorized healthcare institutions may lead some foreign women to seek services from unauthorized individuals or illegal medical facilities.

Such circumstances not only endanger the woman’s right to life and health, but may also facilitate the commission of offenses under Article 99 of the Turkish Penal Code, particularly abortions performed by persons lacking legal authority.

CHAPTER THREE

Organized Crime and Foreign Offenders: Illegal Clinics

Judicial practice demonstrates the existence of unlicensed clinics operated either by foreign criminal organizations or targeting foreign nationals.

Interventions by Unauthorized Persons

One of the most common forms of this offense involves foreign nationals who possess medical education obtained abroad but whose qualifications have not been officially recognized in Türkiye, as well as individuals with no medical training whatsoever.

These individuals may exploit foreign women’s lack of knowledge regarding Turkish legal procedures or their fear of deportation, exposure, or disclosure by performing abortions in private residences or unlicensed facilities.

Such conduct constitutes the offense regulated under Article 99(1) of the Turkish Penal Code, namely causing an abortion with the woman’s consent by an unauthorized person, and carries severe criminal penalties.

CHAPTER FOUR

Non-Consensual Abortion and Its Connection with Human Trafficking

The offenses of human trafficking, forced labor, and sexual exploitation committed against foreign women frequently intersect with the offense of unlawful abortion.

Termination of Pregnancy Without Consent (Article 99(2) of the Turkish Penal Code)

Where foreign women who are victims of human trafficking or who are kept under coercion become pregnant, criminal organizations may force them to undergo abortions against their will through violence, threats, physical assault, or the administration of chemical substances.

In such circumstances, the perpetrators may incur criminal liability not only for:

• Human trafficking,
• Intentional bodily harm, or other related offenses,

but also for the offense of causing an abortion without the woman’s consent under Article 99(2) of the Turkish Penal Code, which carries particularly severe penalties.

CHAPTER FIVE

Special Procedural Rules and International Protection

Criminal proceedings concerning unlawful abortion involving foreign victims or defendants are conducted in strict accordance with the principles of a fair trial.

Interpreter and Support Personnel

Particular attention is given to victims who have experienced traumatic events, including pregnancies resulting from sexual assault or non-consensual abortion procedures.

Where necessary, sworn interpreters, psychologists, social workers, or other qualified support personnel may be involved throughout the investigation and prosecution in order to protect the victim’s procedural rights and psychological well-being.

Effect of Deportation

Where a foreign national is convicted of the offense of unlawful abortion and completes the execution of the imposed sentence, they may become subject to deportation proceedings under the Law on Foreigners and International Protection (Law No. 6458).

Depending upon the circumstances of the case and applicable immigration legislation, an administrative decision imposing a ban on re-entry into Türkiye may also be issued.

CHAPTER SIX

Conclusion

With respect to foreign nationals, the offense of unlawful abortion constitutes a particularly sensitive area where Turkish domestic law intersects with international human rights standards.

Language barriers, lack of knowledge regarding legal rights, and economic disadvantages may increase the vulnerability of foreign women to illegal medical interventions, thereby reinforcing the State’s obligation to protect fundamental rights, including the rights to life, health, and bodily integrity.

The consistent application of Articles 99 and 100 of the Turkish Penal Code, regardless of the nationality of the offender or the victim, is essential not only for safeguarding women’s health and reproductive rights within the framework established by Turkish law, but also for maintaining public order, ensuring legal certainty, and upholding the rule of law.