Dear Editor:
On July 23, 2026, Justice Zanaib Jawari-Alami delivered a very well-reasoned, landmark legal judgement. She found the abortion law (sections 56 and 57 of the Criminal Code) unconstitutional to the extent that they were inconsistent with certain rights guaranteed in our constitution.
This is a major leap forward in Caribbean law. Her High Court decision has moved our law forward across centuries. We received our law in the late 19th century, 1873, and she moved it arguably into the early 21st century.
The day before her ruling, the only condition for legal abortion in Dominica was to save the life of the woman. Justice Jawara-Alami has instructed the government to expand the grounds for legal abortion to include rape, incest, severe foetal anomaly and to protect the health of the woman.
Nothing like this has happened in the 64 years since the rush to political independence swept across the Caribbean beginning in 1962. This is a monumental legal triumph.
Yet, outside of the courtroom, it means very little. More than 80% of the reasons women in Dominica give for having abortions fall outside the narrow band of conditions covered by this good legal decision.
The most common reason for abortions, 39%, is timing – my last child is still very young, I don’t want another child at this time, or I want to finish my education so I can give my child the attention s/he deserves. The second most common reason is social and economic conditions, 24% – I cannot afford a/another child right now. And the third highest reason is age, 20% – I am too young or too old.
So, all these women, whatever their class and age, will continue to have abortions and will remain criminals, albeit “unapprehended criminals”.
So, within the courtroom, the law advances by a great leap; while in the real world around the courthouse, nothing changes and most women remain exactly where we were the day before the ruling – left behind as criminals for daring to control our own bodies.
Sincerely,
ASPIRE
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