Description
The Law Reform Commission (“the Commission”) has conducted a comprehensive review of the Penal Code (2019 Revision) (“the Penal Code”) concerning the provisions related to abortion. This review was undertaken following a referral by the Honourable Attorney General in 2017, which requested an assessment of the Penal Code’s compatibility with the Bill of Rights, Freedoms and Responsibilities (“the Bill of Rights”) enshrined in Part 1 to Schedule 2 of the Cayman Islands Constitution Order, 2009.
The review specifically examined sections 141, 142 and 143 of the Penal Code, which criminalized attempts to procure abortion, self-induced abortion, and the supply of drugs or instruments for abortion. The Commission sought to determine whether these provisions were inconsistent with fundamental rights under the Bill of Rights and whether reform was necessary to ensure compliance with constitutional and international human rights standards.
As part of the review, the Commission analysed international legal frameworks, including the European Convention on Human Rights (ECHR), the International Covenant on Civil and Political Rights (CCPR), International Covenant on Economic, Social and Cultural Rights (ICESC) and recommendations from the World Health Organisation (WHO). The review also considered comparative legislation from jurisdictions such as the United Kingdom, Canada, Australia and Jamaica.
Terms of Reference
Recognising the complexity and sensitivity of abortion legislation, the Commission determined that this issue should be addressed separately as an independent law reform project.
The Commission was tasked with:
1. Assessing the Penal Code’s compatibility with the Bill of Rights, particularly in relation to the provisions criminalising abortion.
2. Considering international human rights obligations extended to the Cayman Islands.
3. Examining legislative approaches to abortion in other jurisdictions to identify potential models for reform.
4. Conducting a public consultation process to obtain stakeholder and public input on proposed legislative changes.
5. Recommending legal reforms to modernise abortion laws in the Cayman Islands, ensuring alignment with constitutional rights and contemporary legal standards.
Outcomes
On 17th December, 2021, the Commission published a Discussion Paper titled “The Penal Code: Is It Compatible with The Bill of Rights?” for public consultation. The Paper provided an overview of international human rights standards relevant to abortion, analysed abortion legislation in other jurisdictions, and examined whether the Penal Code aligned with these standards.
The public consultation period commenced on 29th December, 2021 and concluded on 15th March, 2022. The Commission received feedback from a wide range of stakeholders, including medical professionals, legal practitioners, religious organisations, human rights advocates, and members of the general public. These responses reflected diverse perspectives, including support for legal access to abortion in certain circumstances, concerns about public health implications, and objections based on moral, religious, and ethical grounds.
Following a detailed review of the submissions received, as well as further examination of constitutional and international human rights principles. The Commission prepared its Final Report titled “The Penal Code: Part 2 – Abortion”. The Final Report was submitted to the Honourable Attorney General on 6th September, 2024, accompanied by legislative proposals, namely the Termination of Pregnancy Bill, 2024 and the Penal Code (Amendment) Bill, 2024.
As part of its recommendations, the Commission proposed the following legislation:
The Commission’s recommendations aim to align the Cayman Islands’ legal framework with constitutional human rights protections, balancing public health considerations and ensuring access to safe abortion.
Publications