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Global Abortion Policies Database
A tool to expand knowledge, encourage transparency, and promote accountability.
Systematic Update to the GAPD underway
ViewNo data in our database
Reproductive Health Act |
General Medical Health Act |
Constitution |
Criminal / Penal Code |
Civil Code |
Ministerial Order / Decree |
Case Law |
Health Regulation / Clinical Guidelines |
EML / Registered List |
Medical Ethics Code |
Document Relating to Funding |
Abortion Specific Law |
Law on Medical Practicioners |
Law on Health Care Services |
Other |
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| Africa | |||||||||||||||
| > Eastern Africa | |||||||||||||||
BurundiGo to profile |
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ComorosGo to profile |
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DjiboutiGo to profile |
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EritreaGo to profile |
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EthiopiaGo to profile |
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KenyaGo to profile |
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MadagascarGo to profile |
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MalawiGo to profile |
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MauritiusGo to profile |
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MozambiqueGo to profile |
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RwandaGo to profile |
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SeychellesGo to profile |
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SomaliaGo to profile |
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South SudanGo to profile |
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UgandaGo to profile |
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United Republic of TanzaniaGo to profile |
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ZambiaGo to profile |
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ZimbabweGo to profile |
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| > Middle Africa | |||||||||||||||
AngolaGo to profile |
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CameroonGo to profile |
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Central African RepublicGo to profile |
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ChadGo to profile |
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CongoGo to profile |
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Democratic Republic of CongoGo to profile |
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Equatorial GuineaGo to profile |
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GabonGo to profile |
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Sao Tome and PrincipeGo to profile |
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| > Northern Africa | |||||||||||||||
AlgeriaGo to profile |
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EgyptGo to profile |
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LibyaGo to profile |
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MoroccoGo to profile |
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SudanGo to profile |
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TunisiaGo to profile |
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| > Southern Africa | |||||||||||||||
BotswanaGo to profile |
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EswatiniGo to profile |
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LesothoGo to profile |
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NamibiaGo to profile |
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South AfricaGo to profile |
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| > Western Africa | |||||||||||||||
BeninGo to profile |
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Burkina FasoGo to profile |
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Cabo VerdeGo to profile |
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Cote D’ivoireGo to profile |
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GambiaGo to profile |
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GhanaGo to profile |
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GuineaGo to profile |
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Guinea-BissauGo to profile |
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LiberiaGo to profile |
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MaliGo to profile |
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MauritaniaGo to profile |
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NigerGo to profile |
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NigeriaGo to profile |
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Northern Nigeria (Nigeria)Go to profile |
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Southern Nigeria (Nigeria)Go to profile |
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SenegalGo to profile |
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Sierra LeoneGo to profile |
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TogoGo to profile |
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| Asia | |||||||||||||||
| > Eastern Asia | |||||||||||||||
ChinaGo to profile |
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Democratic People’s Republic of KoreaGo to profile |
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JapanGo to profile |
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MongoliaGo to profile |
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Republic of KoreaGo to profile |
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| > South-Central Asia | |||||||||||||||
AfghanistanGo to profile |
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BangladeshGo to profile |
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BhutanGo to profile |
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IranGo to profile |
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KazakhstanGo to profile |
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KyrgyzstanGo to profile |
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MaldivesGo to profile |
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NepalGo to profile |
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PakistanGo to profile |
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Sri LankaGo to profile |
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TajikistanGo to profile |
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TurkmenistanGo to profile |
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UzbekistanGo to profile |
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| > South-Eastern Asia | |||||||||||||||
Brunei DarussalamGo to profile |
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CambodiaGo to profile |
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IndiaGo to profile |
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IndonesiaGo to profile |
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Lao People’s Democratic RepublicGo to profile |
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MalaysiaGo to profile |
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MyanmarGo to profile |
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PhilippinesGo to profile |
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SingaporeGo to profile |
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ThailandGo to profile |
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Timor LesteGo to profile |
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VietnamGo to profile |
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| > Western Asia | |||||||||||||||
ArmeniaGo to profile |
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AzerbaijanGo to profile |
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BahrainGo to profile |
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CyprusGo to profile |
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GeorgiaGo to profile |
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IraqGo to profile |
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IsraelGo to profile |
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JordanGo to profile |
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KuwaitGo to profile |
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LebanonGo to profile |
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OmanGo to profile |
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QatarGo to profile |
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Saudi ArabiaGo to profile |
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Syrian Arab RepublicGo to profile |
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TürkiyeGo to profile |
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United Arab EmiratesGo to profile |
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YemenGo to profile |
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| Europe | |||||||||||||||
| > Eastern Europe | |||||||||||||||
BelarusGo to profile |
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BulgariaGo to profile |
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Czech RepublicGo to profile |
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HungaryGo to profile |
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PolandGo to profile |
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Republic of MoldovaGo to profile |
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RomaniaGo to profile |
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Russian FederationGo to profile |
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SlovakiaGo to profile |
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UkraineGo to profile |
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| > Northern Europe | |||||||||||||||
DenmarkGo to profile |
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EstoniaGo to profile |
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FinlandGo to profile |
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IcelandGo to profile |
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IrelandGo to profile |
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LatviaGo to profile |
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NorwayGo to profile |
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SwedenGo to profile |
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United Kingdom of Great Britain and Northern IrelandGo to profile |
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Guernsey (United Kingdom of Great Britain and Northern Ireland)Go to profile |
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Isle of Man (United Kingdom of Great Britain and Northern Ireland)Go to profile |
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Jersey (United Kingdom of Great Britain and Northern Ireland)Go to profile |
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Northern Ireland (United Kingdom of Great Britain and Northern Ireland)Go to profile |
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| > Southern Europe | |||||||||||||||
AlbaniaGo to profile |
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AndorraGo to profile |
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Republika Srpska (Bosnia and Herzegovina)Go to profile |
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Federation of Bosnia and Herzegovina (Bosnia and Herzegovina)Go to profile |
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Bosnia and HerzegovinaGo to profile |
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CroatiaGo to profile |
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GreeceGo to profile |
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Holy See / Vatican City StateGo to profile |
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ItalyGo to profile |
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MaltaGo to profile |
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MontenegroGo to profile |
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North MacedoniaGo to profile |
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PortugalGo to profile |
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San MarinoGo to profile |
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SerbiaGo to profile |
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SloveniaGo to profile |
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SpainGo to profile |
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| > Western Europe | |||||||||||||||
AustriaGo to profile |
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BelgiumGo to profile |
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FranceGo to profile |
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GermanyGo to profile |
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LiechtensteinGo to profile |
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LuxembourgGo to profile |
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MonacoGo to profile |
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NetherlandsGo to profile |
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Switzerland – August 2022Go to profile |
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Aargau (Switzerland – August 2022)Go to profile |
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Appenzell Ausserrhoden (Switzerland – August 2022)Go to profile |
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Appenzell Innerrhoden (Switzerland – August 2022)Go to profile |
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Basel-Landschaft (Switzerland – August 2022)Go to profile |
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Basel-Stadt (Switzerland – August 2022)Go to profile |
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Bern (Switzerland – August 2022)Go to profile |
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Fribourg (Switzerland – August 2022)Go to profile |
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Genève (Switzerland – August 2022)Go to profile |
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Graubünden (Switzerland – August 2022)Go to profile |
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Jura (Switzerland – August 2022)Go to profile |
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Luzern (Switzerland – August 2022)Go to profile |
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Neuchâtel (Switzerland – August 2022)Go to profile |
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Nidwalden (Switzerland – August 2022)Go to profile |
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Obwalden (Switzerland – August 2022)Go to profile |
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Schaffhausen (Switzerland – August 2022)Go to profile |
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Schwyz (Switzerland – August 2022)Go to profile |
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Solothurn (Switzerland – August 2022)Go to profile |
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St Gallen (Switzerland – August 2022)Go to profile |
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Switzerland – August 2022Go to profile |
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Ticino (Switzerland – August 2022)Go to profile |
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Uri (Switzerland – August 2022)Go to profile |
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Valais (Switzerland – August 2022)Go to profile |
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Vaud (Switzerland – August 2022)Go to profile |
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Zug (Switzerland – August 2022)Go to profile |
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Zurich (Switzerland – August 2022)Go to profile |
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| Latin America | |||||||||||||||
| > Caribbean | |||||||||||||||
Antigua and BarbudaGo to profile |
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BahamasGo to profile |
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BarbadosGo to profile |
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CubaGo to profile |
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DominicaGo to profile |
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Dominican RepublicGo to profile |
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GrenadaGo to profile |
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HaitiGo to profile |
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JamaicaGo to profile |
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Saint Kitts and NevisGo to profile |
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Saint LuciaGo to profile |
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Saint Vincent and the GrenadinesGo to profile |
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Trinidad and TobagoGo to profile |
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| > Central America | |||||||||||||||
BelizeGo to profile |
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Costa RicaGo to profile |
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El SalvadorGo to profile |
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GuatemalaGo to profile |
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HondurasGo to profile |
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Mexico (Mexico)Go to profile |
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Aguascalientes (Mexico)Go to profile |
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Baja California (Mexico)Go to profile |
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Baja California Sur (Mexico)Go to profile |
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Campeche (Mexico)Go to profile |
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Chiapas (Mexico)Go to profile |
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Chihuahua (Mexico)Go to profile |
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Coahuila (Mexico)Go to profile |
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Colima (Mexico)Go to profile |
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Durango (Mexico)Go to profile |
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Estado de Mexico (Mexico)Go to profile |
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Guanajuato (Mexico)Go to profile |
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Guerrero (Mexico)Go to profile |
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Hidalgo (Mexico)Go to profile |
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Jalisco (Mexico)Go to profile |
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Mexico City (Mexico)Go to profile |
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Michoacan (Mexico)Go to profile |
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Morelos (Mexico)Go to profile |
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Nayarit (Mexico)Go to profile |
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Nuevo Leon (Mexico)Go to profile |
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Oaxaca (Mexico)Go to profile |
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Puebla (Mexico)Go to profile |
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Queretaro (Mexico)Go to profile |
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Quintana Roo (Mexico)Go to profile |
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San Luis Potosi (Mexico)Go to profile |
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Sinaloa (Mexico)Go to profile |
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Sonora (Mexico)Go to profile |
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Tabasco (Mexico)Go to profile |
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Tamaulipas (Mexico)Go to profile |
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Tlaxcala (Mexico)Go to profile |
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Veracruz (Mexico)Go to profile |
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Yucatan (Mexico)Go to profile |
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Zacatecas (Mexico)Go to profile |
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NicaraguaGo to profile |
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PanamaGo to profile |
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| > South America | |||||||||||||||
ArgentinaGo to profile |
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BoliviaGo to profile |
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BrazilGo to profile |
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ChileGo to profile |
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ColombiaGo to profile |
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EcuadorGo to profile |
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GuyanaGo to profile |
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ParaguayGo to profile |
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PeruGo to profile |
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SurinameGo to profile |
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UruguayGo to profile |
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VenezuelaGo to profile |
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| North America | |||||||||||||||
| > Northern America | |||||||||||||||
CanadaGo to profile |
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Alberta (Canada)Go to profile |
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British Columbia (Canada)Go to profile |
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Manitoba (Canada)Go to profile |
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New Brunswick (Canada)Go to profile |
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Newfoundland and Labrador (Canada)Go to profile |
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Northwest Territories (Canada)Go to profile |
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Nova Scotia (Canada)Go to profile |
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Ontario (Canada)Go to profile |
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Prince Edward Island (Canada)Go to profile |
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Quebec (Canada)Go to profile |
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Marshall IslandsGo to profile |
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Micronesia (Federated States Of)Go to profile |
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PalauGo to profile |
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Papua New GuineaGo to profile |
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Solomon IslandsGo to profile |
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VanuatuGo to profile |
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Cook IslandsGo to profile |
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NiueGo to profile |
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SamoaGo to profile |
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TongaGo to profile |
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TuvaluGo to profile |
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CAT |
CEDAW |
CERD |
CESCR |
CRC |
CRPD |
HRC |
IE HAIT |
SR HEALTH |
SR TORTURE |
SR VAW |
WG - DWLP |
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EritreaGo to profile |
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EthiopiaGo to profile |
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KenyaGo to profile |
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MalawiGo to profile |
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RwandaGo to profile |
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SomaliaGo to profile |
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South SudanGo to profile |
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UgandaGo to profile |
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United Republic of TanzaniaGo to profile |
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ZambiaGo to profile |
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ZimbabweGo to profile |
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AngolaGo to profile |
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Central African RepublicGo to profile |
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ChadGo to profile |
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CongoGo to profile |
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Democratic Republic of CongoGo to profile |
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Equatorial GuineaGo to profile |
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GabonGo to profile |
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Sao Tome and PrincipeGo to profile |
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EgyptGo to profile |
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LibyaGo to profile |
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MoroccoGo to profile |
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SudanGo to profile |
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TunisiaGo to profile |
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LesothoGo to profile |
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NamibiaGo to profile |
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South AfricaGo to profile |
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Burkina FasoGo to profile |
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Cabo VerdeGo to profile |
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Cote D’ivoireGo to profile |
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GambiaGo to profile |
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GhanaGo to profile |
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GuineaGo to profile |
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Guinea-BissauGo to profile |
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LiberiaGo to profile |
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MaliGo to profile |
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MauritaniaGo to profile |
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NigerGo to profile |
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NigeriaGo to profile |
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SenegalGo to profile |
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Sierra LeoneGo to profile |
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TogoGo to profile |
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| Asia | ||||||||||||
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ChinaGo to profile |
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Democratic People’s Republic of KoreaGo to profile |
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JapanGo to profile |
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MongoliaGo to profile |
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Republic of KoreaGo to profile |
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AfghanistanGo to profile |
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BangladeshGo to profile |
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BhutanGo to profile |
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IranGo to profile |
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KazakhstanGo to profile |
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KyrgyzstanGo to profile |
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MaldivesGo to profile |
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NepalGo to profile |
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PakistanGo to profile |
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Sri LankaGo to profile |
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TajikistanGo to profile |
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TurkmenistanGo to profile |
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UzbekistanGo to profile |
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Brunei DarussalamGo to profile |
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CambodiaGo to profile |
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IndiaGo to profile |
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IndonesiaGo to profile |
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Lao People’s Democratic RepublicGo to profile |
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MalaysiaGo to profile |
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MyanmarGo to profile |
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PhilippinesGo to profile |
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SingaporeGo to profile |
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ThailandGo to profile |
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Timor LesteGo to profile |
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VietnamGo to profile |
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ArmeniaGo to profile |
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AzerbaijanGo to profile |
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BahrainGo to profile |
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CyprusGo to profile |
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GeorgiaGo to profile |
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IraqGo to profile |
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IsraelGo to profile |
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JordanGo to profile |
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KuwaitGo to profile |
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LebanonGo to profile |
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OmanGo to profile |
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QatarGo to profile |
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Saudi ArabiaGo to profile |
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Syrian Arab RepublicGo to profile |
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TürkiyeGo to profile |
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United Arab EmiratesGo to profile |
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YemenGo to profile |
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| Europe | ||||||||||||
| > Eastern Europe | ||||||||||||
BelarusGo to profile |
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BulgariaGo to profile |
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Czech RepublicGo to profile |
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HungaryGo to profile |
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PolandGo to profile |
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Republic of MoldovaGo to profile |
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RomaniaGo to profile |
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Russian FederationGo to profile |
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SlovakiaGo to profile |
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UkraineGo to profile |
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DenmarkGo to profile |
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EstoniaGo to profile |
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FinlandGo to profile |
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IcelandGo to profile |
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IrelandGo to profile |
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LatviaGo to profile |
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LithuaniaGo to profile |
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NorwayGo to profile |
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SwedenGo to profile |
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United Kingdom of Great Britain and Northern IrelandGo to profile |
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AlbaniaGo to profile |
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AndorraGo to profile |
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Bosnia and HerzegovinaGo to profile |
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CroatiaGo to profile |
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GreeceGo to profile |
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Holy See / Vatican City StateGo to profile |
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ItalyGo to profile |
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MaltaGo to profile |
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MontenegroGo to profile |
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North MacedoniaGo to profile |
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PortugalGo to profile |
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San MarinoGo to profile |
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SerbiaGo to profile |
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SloveniaGo to profile |
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SpainGo to profile |
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| > Western Europe | ||||||||||||
AustriaGo to profile |
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BelgiumGo to profile |
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FranceGo to profile |
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GermanyGo to profile |
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LiechtensteinGo to profile |
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LuxembourgGo to profile |
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MonacoGo to profile |
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NetherlandsGo to profile |
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Switzerland – August 2022Go to profile |
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| > Caribbean | ||||||||||||
Antigua and BarbudaGo to profile |
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BahamasGo to profile |
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BarbadosGo to profile |
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CubaGo to profile |
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DominicaGo to profile |
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Dominican RepublicGo to profile |
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GrenadaGo to profile |
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HaitiGo to profile |
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JamaicaGo to profile |
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Saint Kitts and NevisGo to profile |
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Saint LuciaGo to profile |
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Saint Vincent and the GrenadinesGo to profile |
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Trinidad and TobagoGo to profile |
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BelizeGo to profile |
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Costa RicaGo to profile |
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El SalvadorGo to profile |
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GuatemalaGo to profile |
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HondurasGo to profile |
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MexicoGo to profile |
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NicaraguaGo to profile |
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PanamaGo to profile |
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ArgentinaGo to profile |
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BoliviaGo to profile |
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BrazilGo to profile |
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ChileGo to profile |
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ColombiaGo to profile |
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EcuadorGo to profile |
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GuyanaGo to profile |
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ParaguayGo to profile |
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PeruGo to profile |
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SurinameGo to profile |
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UruguayGo to profile |
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VenezuelaGo to profile |
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| North America | ||||||||||||
| > Northern America | ||||||||||||
CanadaGo to profile |
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United States of AmericaGo to profile |
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| Oceania | ||||||||||||
| > Melanesia | ||||||||||||
FijiGo to profile |
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KiribatiGo to profile |
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Marshall IslandsGo to profile |
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Micronesia (Federated States Of)Go to profile |
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NauruGo to profile |
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PalauGo to profile |
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Papua New GuineaGo to profile |
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Solomon IslandsGo to profile |
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VanuatuGo to profile |
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| > Polynesia | ||||||||||||
Cook IslandsGo to profile |
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NiueGo to profile |
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SamoaGo to profile |
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TongaGo to profile |
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TuvaluGo to profile |
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| General Comments | ||||||||||||
General Comments |
CEDAWGeneral recommendation No.37: The gender-related dimensions of disaster risk reduction in the context of climate change (2018)"[Right to health] In particular, States parties should: ... (d) Accord priority to the provision of family-planning and sexual and reproductive health information and services, within disaster preparedness and response program es, including access to emergency contraception, postexposure prophylaxis for HIV, treatment for AIDS and safe abortion, and reduce maternal mortality rates through safe motherhood services, the provision of qualified midwives and prenatal assistance; ..."
General recommendation No.35: Gender-based violence against women, updating general recommendation No. 19 (2017)"[Scope] Violations of women’s sexual and reproductive health and rights, such as forced sterilization, forced abortion, forced pregnancy, criminalization of abortion, denial or delay of safe abortion and/or post-abortion care, forced continuation of pregnancy, and abuse and mistreatment of women and girls seeking sexual and reproductive health information, goods and services, are forms of gender-based violence that, depending on the circumstances, may amount to torture or cruel, inhuman or degrading treatment."
General recommendation No.35: Gender-based violence against women, updating general recommendation No. 19 (2017)"[General legislative measures] The Committee recommends that States parties implement the following legislative measures: (c) Repeal, including in customary, religious and indigenous laws, all legal provisions that are discriminatory against women and thereby enshrine, encourage, facilitate, justify or tolerate any form of gender-based violence. In particular, repeal the following: (i) Provisions that allow, tolerate or condone forms of gender-based violence against women, including child or forced marriage and other harmful practices, provisions allowing medical procedures to be performed on women with disabilities without their informed consent and provisions that criminalize abortion, being lesbian, bisexual or transgender, women in prostitution and adultery, or any other criminal provisions that affect women disproportionally, including those resulting in the discriminatory application of the death penalty to women; ..."
General recommendation No.34: The rights of rural women (2016)"[Health-care services (art. 14, para. 2 (b), read alongside art. 12)] Maternal mortality and morbidity are disproportionately high in many rural areas. Child marriage exposes rural girls to early pregnancy and significantly contributes to maternal mortality, in particular in developing countries. Globally, the presence of skilled birth attendants and medical personnel is lower in rural than urban areas and leads to poor prenatal, perinatal and postnatal care. There is a greater unmet need for family planning services and contraception owing to poverty, the lack of information and the limited availability and accessibility of services. Rural women are more likely to resort to unsafe abortion than their urban counterparts, a situation that puts their lives at risk and compromises their health. Even in countries in which abortion is legal, restrictive conditions, including unreasonable waiting periods, often impede access for rural women. When abortion is illegal, the health impact is even greater. States parties should safeguard the right of rural women and girls to adequate health care, and ensure: (a) That high-quality health-care services and facilities are physically accessible to and affordable for rural women, including older women, heads of household and women with disabilities (provided free of charge when necessary), culturally acceptable to them and staffed with trained medical personnel. Services should provide: primary health care, including family planning; access to contraception, including emergency contraception, and to safe abortion and high-quality post-abortion care, regardless of whether abortion is legal; prenatal, perinatal, postnatal and obstetric services; HIV prevention and treatment services, including emergency intervention following rape; mental health services; counselling on nutrition, the feeding of infants and young children; mammography and other gynaecological examinations services; the prevention and treatment of non-communicable diseases, such as cancer; access to essential medicines, including pain relief; and palliative care; ... (c) That laws and regulations that place obstacles to rural women’ s access to health care, including to sexual and reproductive health services, are repealed, in particular laws that criminalize or require waiting periods or third-party consent for abortion; ..."
General recommendation No.33: Women’s access to justice (2015)"[Criminal law] Criminal laws are particularly important in ensuring that women are able to exercise their human rights, including their right to access to justice, on the basis of equality. States parties are obliged, under articles 2 and 15 of the Convention, to ensure that women have access to the protection and remedies offered through criminal law, and that they are not exposed to discrimination within the context of those mechanisms, either as victims or as perpetrators of criminal acts. Some criminal codes or acts and/or criminal procedure codes discriminate against women by: ... (b)Criminalizing forms of behaviour that can be performed only by women, such as abortion; ... Women are also disproportionately criminalized owing to their situation or status, such as being involved in prostitution, being a migrant, having been accused of adultery, identity as a lesbian, bisexual or transgender woman or intersex person, having undergone an abortion or belonging to other groups that face discrimination. ... The Committee recommends that States parties: (l) Abolish discriminatory criminalization and review and monitor all criminal procedures to ensure that they do not directly or indirectly discriminate against women; decriminalize forms of behaviour that are not criminalized or punished as harshly if they are performed by men; decriminalize forms of behaviour that can be performed only by women, such as abortion; and act with due diligence to prevent and provide redress for crimes that disproportionately or solely affect women, whether perpetrated by State or non-State actors; ..."
General recommendation No.30: Women in conflict prevention, conflict and post-conflict situations (2013)"[Access to education, employment and health, and rural women (arts. 10-12 and 14)] The Committee recommends that States parties: ... (c)Ensure that sexual and reproductive health care includes access to sexual and reproductive health and rights information; psychosocial support; family planning services, including emergency contraception; maternal health services, including antenatal care, skilled delivery services, prevention of vertical transmission and emergency obstetric care; safe abortion services; post-abortion care; prevention and treatment of HIV/AIDS and other sexually transmitted infections, including post-exposure prophylaxis; and care to treat injuries such as fistula arising from sexual violence, complications of delivery or other reproductive health complications, among others; ..."
General recommendation No. 30: Women in conflict prevention, conflict and post-conflict situations (2013)"[Marriage and family relations (arts. 15-16)] Forced pregnancies, abortions or sterilization of women in conflict-affected areas violate myriad women’s rights, including the right under article 16 (1)(e) to decide freely and responsibly on the number and spacing of their children. ... The Committee reiterates its general recommendations Nos. 21 and 29 and further recommends that States parties: (a)Prevent, investigate and punish gender-based violations such as forced marriages, pregnancies, abortions or sterilization of women and girls in conflict-affected areas; ..."
General recommendation No.26: Women migrant workers (2008)"[In countries of destination] Discrimination may be especially acute in relation to pregnancy. Women migrant workers may face mandatory pregnancy tests followed by deportation if the test is positive; coercive abortion or lack of access to safe reproductive health and abortion services, when the health of the mother is at risk, or even following sexual assault; absence of, or inadequate, maternity leave and benefits and absence of affordable obstetric care, resulting in serious health risks. Women migrant workers may also face dismissal from employment upon detection of pregnancy, sometimes resulting in irregular immigration status and deportation."
General recommendation No.24: Article 12 of the Convention (women and health) (1999)"[Article 12 (1)] States parties should report on their understanding of how policies and measures on health care address the health rights of women from the perspective of women’s needs and interests and how it addresses distinctive features and factors that differ for women in comparison to men, such as: ... (d) While lack of respect for the confidentiality of patients will affect both men and women, it may deter women from seeking advice and treatment and thereby adversely affect their health and well-being. Women will be less willing, for that reason, to seek medical care for diseases of the genital tract, for contraception or for incomplete abortion and in cases where they have suffered sexual or physical violence."
General recommendation No.24: Article 12 of the Convention (women and health) (1999)"[Recommendations for government action] States parties should also, in particular: (c) Prioritize the prevention of unwanted pregnancy through family planning and sex education and reduce maternal mortality rates through safe motherhood services and prenatal assistance. When possible, legislation criminalizing abortion should be amended, in order to withdraw punitive measures imposed on women who undergo abortion; ..."
General recommendation No.21: Equality in marriage and family relations (1994)"[Article 16 (1) (e)] Some reports disclose coercive practices which have serious consequences for women, such as forced pregnancies, abortions or sterilization. Decisions to have children or not, while preferably made in consultation with spouse or partner, must not nevertheless be limited by spouse, parent, partner or Government. In order to make an informed decision about safe and reliable contraceptive measures, women must have information about contraceptive measures and their use, and guaranteed access to sex education and family planning services, as provided in article 10 (h) of the Convention."
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CESCRGeneral comment No.24: State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities (2017)"[Obligation to protect] The increased role and impact of private actors in traditionally public sectors, such as the health or education sector, pose new challenges for States parties in complying with their obligations under the Covenant. Privatization is not per se prohibited by the Covenant, even in areas such as the provision of water or electricity, education or health care where the role of the public sector has traditionally been strong. Private providers should, however, be subject to strict regulations that impose on them so-called “public service obligations”: in the provision of water or electricity, this may include requirements concerning universality of coverage and continuity of service, pricing policies, quality requirements, and user participation. Similarly, private health-care providers should be prohibited from denying access to affordable and adequate services, treatments or information. For instance, where health practitioners are allowed to invoke conscientious objection to refuse to provide certain sexual and reproductive health services, including abortion, they should refer the women or girls seeking such services to another practitioner within reasonable geographical reach who is willing to provide such services."
General comment No.22: The right to sexual and reproductive health (article 12 of the International Covenant on Economic, Social and Cultural Rights) (2016)"[Interdependence with other human rights] The right to sexual and reproductive health is also indivisible from and interdependent with other human rights. It is intimately linked to civil and political rights underpinning the physical and mental integrity of individuals and their autonomy, such as the rights to life; liberty and security of person; freedom from torture and other cruel, inhuman or degrading treatment; privacy and respect for family life; and non-discrimination and equality. For example, lack of emergency obstetric care services or denial of abortion often leads to maternal mortality and morbidity, which in turn constitutes a violation of the right to life or security, and in certain circumstances can amount to torture or cruel, inhuman or degrading treatment."
General comment No.22: The right to sexual and reproductive health (article 12 of the International Covenant on Economic, Social and Cultural Rights) (2016)"[Availability] Ensuring the availability of trained medical and professional personnel and skilled providers who are trained to perform the full range of sexual and reproductive health‑care services is a critical component of ensuring availability. Essential medicines should also be available, including a wide range of contraceptive methods, such as condoms and emergency contraception, medicines for abortion and for post-abortion care, and medicines, including generic medicines, for the prevention and treatment of sexually transmitted infections and HIV."
General comment No.22: The right to sexual and reproductive health (article 12 of the International Covenant on Economic, Social and Cultural Rights) (2016)"[Information accessibility] Information accessibility includes the right to seek, receive and disseminate information and ideas concerning sexual and reproductive health issues generally, and also for individuals to receive specific information on their particular health status. All individuals and groups, including adolescents and youth, have the right to evidence-based information on all aspects of sexual and reproductive health, including maternal health, contraceptives, family planning, sexually transmitted infections, HIV prevention, safe abortion and post‑abortion care, infertility and fertility options, and reproductive cancer."
General comment No.22: The right to sexual and reproductive health (article 12 of the International Covenant on Economic, Social and Cultural Rights) (2016)"[Quality] Facilities, goods, information and services related to sexual and reproductive health must be of good quality, meaning that they are evidence-based and scientifically and medically appropriate and up-to-date. This requires trained and skilled health‑care personnel and scientifically approved and unexpired drugs and equipment. The failure or refusal to incorporate technological advances and innovations in the provision of sexual and reproductive health services, such as medication for abortion, assisted reproductive technologies and advances in the treatment of HIV and AIDS, jeopardizes the quality of care."
General comment No.22: The right to sexual and reproductive health (article 12 of the International Covenant on Economic, Social and Cultural Rights) (2016)"[Equality between women and men, and gender perspective] The realization of the rightsof women and gender equality, both in law and in practice, requires repealing or reforming discriminatory laws, policies and practices in the area of sexual and reproductive health. Removal of all barriers interfering with access by women to comprehensive sexual and reproductive health services, goods, education and information is required. To lower rates of maternal mortality and morbidity requires emergency obstetric care and skilled birth attendance, including in rural and remote areas, and prevention of unsafe abortions. Preventingunintended pregnancies and unsafe abortions requires States to adopt legal and policy measures to guarantee all individuals access to affordable, safe and effective contraceptives and comprehensive sexuality education, including for adolescents;to liberalize restrictive abortion laws;to guarantee women and girls access to safe abortion services and quality post-abortion care, including by training health‑care providers;and to respect the right of women to make autonomous decisions about their sexual and reproductive health."
General comment No.22: The right to sexual and reproductive health (article 12 of the International Covenant on Economic, Social and Cultural Rights) (2016)"[General legal obligations] States parties are under immediate obligation to eliminate discrimination against individuals and groups and to guarantee their equal right to sexual and reproductive health. This requires States to repeal or reform laws and policies that nullify or impairthe ability of certain individuals and groups to realize their right to sexual and reproductive health. There exists a wide range of laws, policies and practices that undermine autonomy and right to equality and non-discrimination in the full enjoyment of the right to sexual and reproductive health, for example criminalization of abortion or restrictive abortion laws. States parties should also ensure that all individuals and groups have equal access to the full range of sexual and reproductive health information, goods and services, including by removing all barriers that particular groups may face."
General comment No.22: The right to sexual and reproductive health (article 12 of the International Covenant on Economic, Social and Cultural Rights) (2016)"[Specific legal obligations: Obligation to respect] The obligation to respect requires States to refrain from directly or indirectly interfering with the exercise by individuals of the right to sexual and reproductive health. States must not limit or deny anyone access to sexual and reproductive health, including through laws criminalizing sexual and reproductive health services and information, while confidentiality of health data should be maintained. States must reform laws that impede the exercise of the right to sexual and reproductive health. Examples include laws criminalizing abortion,non-disclosure of HIV status, exposure to and transmission of HIV, consensual sexual activities between adults,and transgender identity or expression. The obligation to respect also requires States to repeal, and refrain from enacting, laws and policies that create barriers in access to sexual and reproductive health services. This includes third-party authorization requirements, such as parental, spousal and judicial authorization requirements for access to sexual and reproductive health services and information, including for abortion and contraception; biased counselling and mandatory waiting periods for divorce, remarriage or access to abortion services; mandatory HIV testing; and the exclusion of particular sexual and reproductive health services from public funding or foreign assistance funds. The dissemination of misinformation and the imposition of restrictions on the right of individuals to access information about sexual and reproductive health also violates the duty to respect human rights. National and donor States must refrain from censoring, withholding, misrepresenting or criminalizing the provision of information on sexual and reproductive health, both to the public and to individuals. Such restrictions impede access to information and services, and can fuel stigma and discrimination."
General comment No.22: The right to sexual and reproductive health (article 12 of the International Covenant on Economic, Social and Cultural Rights) (2016)"[Obligation to fulfil] The obligation to fulfil requires States to adopt appropriate legislative, administrative, budgetary, judicial, promotional and other measures to ensure the full realization of the right to sexual and reproductive health. States should aim to ensure universal access without discrimination for all individuals, including those from disadvantaged and marginalized groups, to a full range of quality sexual and reproductive health care, including maternal health care; contraceptive information and services; safe abortion care; and prevention, diagnosis and treatment of infertility, reproductive cancers, sexually transmitted infections and HIV/AIDS, including with generic medicines. States must guarantee physical and mental health care for survivors of sexual and domestic violence in all situations, including access to post-exposure prevention, emergency contraception and safe abortion services."
General comment No.22: The right to sexual and reproductive health (article 12 of the International Covenant on Economic, Social and Cultural Rights) (2016)"[Core obligations] States parties have a core obligation to ensure, at the very least, minimum essential levels of satisfaction of the right to sexual and reproductive health. In this regard, States parties should be guided by contemporary human rights instruments and jurisprudence, as well as the most current international guidelines and protocols established by United Nations agencies, in particular WHO and the United Nations Population Fund (UNFPA).The core obligations include at least the following: ... (e)To take measures to prevent unsafe abortions and to provide post-abortion care and counselling for those in need; ..."
General comment No.22: The right to sexual and reproductive health (article 12 of the International Covenant on Economic, Social and Cultural Rights) (2016)"[Violations] Examples of violations of the obligation to respect includethe establishment of legal barriers impeding access by individuals to sexual and reproductive health services, such as the criminalization of women undergoing abortions and the criminalization of consensual sexual activity between adults. Banning or denying access in practice to sexual and reproductive health services and medicines, such as emergency contraception, also violates the obligation to respect. Laws and policies that prescribe involuntary, coercive or forced medical interventions, including forced sterilization or mandatory HIV/AIDS, virginity or pregnancy testing, also violate the obligation to respect. ... [Violations] Violations of the obligation to protect occur when a State fails to take effective steps to prevent third parties from undermining the enjoyment of the right to sexual and reproductive health. This includes the failure to prohibit and take measures to prevent all forms of violence and coercion committed by private individuals and entities, including domestic violence, rape (including marital rape),sexual assault, abuse and harassment, including during conflict, post-conflict and transition situations;violencetargeting lesbian, gay, bisexual, transgender and intersex personsor women seeking abortion or post-abortion care; harmful practices such as female genital mutilation, child and forced marriage,forced sterilization, forced abortion and forced pregnancy; and medically unnecessary, irreversible and involuntary surgery and treatment performed on intersex infants or children."
General comment No. 5: Persons with disabilities (1995)"[Article 10: Protection of the family and of mothers and children] Women with disabilities also have the right to protection and support in relation to motherhood and pregnancy. As the Standard Rules state, “persons with disabilities must not be denied the opportunity to experience their sexuality, have sexual relationships and experience parenthood”. The needs and desires in question should be recognized and addressed in both the recreational and the procreational contexts. These rights are commonly denied to both men and women with disabilities worldwide. Both the sterilization of, and the performance of an abortion on, a woman with disabilities without her prior informed consent are serious violations of article 10 (2)."
General comment No. 25 (2020) on science and economic, social and cultural rights"A gender-sensitive approach is of particular relevance to the right to sexual and reproductive health. States parties must ensure access to up-to-date scientific technologies necessary for women in relation to this right. In particular, States parties should ensure access to modern and safe forms of contraception, including emergency contraception, medication for abortion, assisted reproductive technologies, and other sexual and reproductive goods and services, on the basis of non-discrimination and equality, as outlined in general comment No. 22 (2016) on the right to sexual and reproductive health. Special attention should be given to the protection of women’s free, prior and informed consent in treatments or scientific research on sexual and reproductive health."
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CRCGeneral comment 20: The implementation of the rights of the child during adolescence (2016)"[Periods of health risks] Although adolescence is generally characterized by relatively low mortality compared to other age groups, the risk of death and disease during the adolescent years is real, including from preventable causes such as childbirth, unsafe abortions, road traffic accidents, sexually transmitted infections, including HIV, interpersonal injuries, mental ill health and suicide, all of which are associated with certain behaviours and require cross sectoral collaboration."
General comment No.20: The implementation of the rights of the child during adolescence (2016)"[Basic health and welfare - Health care] There should be no barriers to commodities, information and counselling on sexual and reproductive health and rights, such as requirements for third-party consent or authorization. In addition, particular efforts need to be made to overcome barriers of stigma and fear experienced by, for example, adolescent girls, girls with disabilities and lesbian, gay, bisexual, transgender and intersex adolescents, in gaining access to such services. The Committee urges States to decriminalize abortion to ensure that girls have access to safe abortion and post-abortion services, review legislation with a view to guaranteeing the best interests of pregnant adolescents and ensure that their views are always heard and respected in abortion-related decisions."
General comment No.15: The right of the child to the enjoyment of the highest attainable standard of health (art. 24) (2013)"[States parties shall strive to ensure that no child is deprived of his or her right of access to such health care services] In accordance with their evolving capacities, children should have access to confidential counselling and advice without parental or legal guardian consent, where this is assessed by the professionals working with the child to be in the child’s best interests. States should clarify the legislative procedures for the designation of appropriate caregivers for children without parents or legal guardians, who can consent on the child’s behalf or assist the child in consenting, depending on the child’s age and maturity. States should review and consider allowing children to consent to certain medical treatments and interventions without the permission of a parent, caregiver, or guardian, such as HIV testing and sexual and reproductive health services, including education and guidance on sexual health, contraception and safe abortion."
General comment No.15: The right of the child to the enjoyment of the highest attainable standard of health (art. 24) (2013)"[Article 24, paragraph 2 (d). To ensure appropriate pre-natal and post-natal health care for mothers] The interventions that should be made available across this continuum include, but are not limited to: essential health prevention and promotion, and curative care, including the prevention of neonatal tetanus, malaria in pregnancy and congenital syphilis; nutritional care; access to sexual and reproductive health education, information and services; health behaviour education (e.g. relating to smoking and substance use); birth preparedness; early recognition and management of complications; safe abortion services and post-abortion care; essential care at childbirth; and prevention of mother-to-child HIV transmission, and care and treatment of HIV-infected women and infants. Maternal and newborn care following delivery should ensure no unnecessary separation of the mother from her child. ... Given the high rates of pregnancy among adolescents globally and the additional risks of associated morbidity and mortality, States should ensure that health systems and services are able to meet the specific sexual and reproductive health needs of adolescents, including family planning and safe abortion services. States should work to ensure that girls can make autonomous and informed decisions on their reproductive health. Discrimination based on adolescent pregnancy, such as expulsion from schools, should be prohibited, and opportunities for continuous education should be ensured."
General comment No.15: The right of the child to the enjoyment of the highest attainable standard of health (art. 24) (2013)"[Article 24, paragraph 2 (f). To develop preventive health care, guidance for parents and family planning education and services - c. Family planning] Short-term contraceptive methods such as condoms, hormonal methods and emergency contraception should be made easily and readily available to sexually active adolescents. Long-term and permanent contraceptive methods should also be provided. The Committee recommends that States ensure access to safe abortion and post-abortion care services, irrespective of whether abortion itself is legal."
General comment No. 7: Implementing child rights in early childhood"[INFORMATION, SKILLS DEVELOPMENT, COUNSELLING, AND HEALTH SERVICES] Right to non-discrimination. Article 2 ensures rights to every child, without discrimination of any kind. The Committee urges States parties to identify the implications of this principle for realizing rights in early childhood: ... (b) Article 2 also means that particular groups of young children must not be discriminated against. Discrimination may take the form of reduced levels of nutrition; inadequate care and attention; restricted opportunities for play, learning and education; or inhibition of free expression of feelings and views. Discrimination may also be expressed through harsh treatment and unreasonable expectations, which may be exploitative or abusive. For example: ... (i) Discrimination against girl children is a serious violation of rights, affecting their survival and all areas of their young lives as well as restricting their capacity to contribute positively to society. They may be victims of selective abortion, genital mutilation, neglect and infanticide, including through inadequate feeding in infancy. They may be expected to undertake excessive family responsibilities and deprived of opportunities to participate in early childhood and primary education; ..."
General comment No.4: Adolescent health and development in the context of the Convention on the Rights of the Child (2003)"[INFORMATION, SKILLS DEVELOPMENT, COUNSELLING, AND HEALTH SERVICES] Adolescent girls should have access to information on the harm that early marriage and early pregnancy can cause, and those who become pregnant should have access to health services that are sensitive to their rights and particular needs. States parties should take measures to reduce maternal morbidity and mortality in adolescent girls, particularly caused by early pregnancy and unsafe abortion practices, and to support adolescent parents. Young mothers, especially where support is lacking, may be prone to depression and anxiety, compromising their ability to care for their child. The Committee urges States parties (a) to develop and implement programmes that provide access to sexual and reproductive health services, including family planning, contraception and safe abortion services where abortion is not against the law, adequate and comprehensive obstetric care and counselling; (b) to foster positive and supportive attitudes towards adolescent parenthood for their mothers and fathers; and (c) to develop policies that will allow adolescent mothers to continue their education."
General comment No.4: Adolescent health and development in the context of the Convention on the Rights of the Child (2003)"[INFORMATION, SKILLS DEVELOPMENT, COUNSELLING, AND HEALTH SERVICES] Adolescents who are sexually exploited, including in prostitution and pornography, are exposed to significant health risks, including STDs, HIV/AIDS, unwanted pregnancies, unsafe abortions, violence and psychological distress. They have the right to physical and psychological recovery and social reintegration in an environment that fosters health, self-respect and dignity (art. 39). It is the obligation of States parties to enact and enforce laws to prohibit all forms of sexual exploitation and related trafficking; to collaborate with other States parties to eliminate intercountry trafficking; and to provide appropriate health and counselling services to adolescents who have been sexually exploited, making sure that they are treated as victims and not as offenders."
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CRPDGeneral comment No.6: Equality and non-discrimination (2018)"[Equality for and non-discrimination against persons with disabilities in international law] Equality and non-discrimination are at the heart of the Convention and evoked consistently throughout its substantive articles with the repeated use of the wording “on an equal basis with others”, which links all substantive rights of the Convention to the non-discrimination principle. Dignity, integrity and equality of the person have been denied to those with actual or perceived impairments. Discrimination has occurred and continues to occur, including in brutal forms such as non-consensual and/or forced systematic sterilizations and medical or hormone-based interventions (e.g. lobotomy or the Ashley treatment), forced drugging and forced electroshocks, confinement, systematic murder labelled “euthanasia”, forced and coerced abortion, denied access to health care, and mutilation and trafficking in body parts, particularly of persons with albinism."
General comment No.3: Women and girls with disabilities (2016)"[Freedom from exploitation, violence and abuse (art. 16) ] Certain forms of violence, exploitation and abuse may be considered as cruel, inhuman or degrading treatment or punishment and as breaching a number of international human rights treaties. Among them are: forced, coerced and otherwise involuntary pregnancy or sterilization; any medical procedure or intervention performed without free and informed consent, including procedures and interventions related to contraception and abortion; invasive and irreversible surgical practices such as psychosurgery, female genital mutilation and surgery or treatment performed on intersex children without their informed consent; the administration of electroshock treatment and the use of chemical, physical or mechanical restraints; and isolation or seclusion."
General comment No.3: Women and girls with disabilities (2016)"[Sexual and reproductive health and rights, including respect for the home and the family (arts. 23 and 25) ] Women with disabilities may also be denied access to information and communication, including comprehensive sexuality education, based on harmful stereotypes that assume that they are asexual and do not therefore require such information on an equal basis with others. Information may also not be available in accessible formats. Sexual and reproductive health information includes information about all aspects of sexual and reproductive health, including maternal health, contraceptives, family planning, sexually transmitted infections, HIV prevention, safe abortion and post-abortion care, infertility and fertility options, and reproductive cancer. ... In practice, the choices of women with disabilities, especially women with psychosocial or intellectual disabilities, are often ignored and their decisions are often substituted by those of third parties, including legal representatives, service providers, guardians and family members, in violation of their rights under article 12 of the Convention. All women with disabilities must be able to exercise their legal capacity by taking their own decisions, with support when desired, with regard to medical and/or therapeutic treatment, including by taking their own decisions on retaining their fertility and reproductive autonomy, exercising their right to choose the number and spacing of children, consenting and accepting a statement of fatherhood and exercising their right to establish relationships. Restricting or removing legal capacity can facilitate forced interventions, such as sterilization, abortion, contraception, female genital mutilation, surgery or treatment performed on intersex children without their informed consent and forced detention in institutions."
General comment No.3: Women and girls with disabilities (2016)"[National implementation] States parties should combat multiple discrimination by, inter alia: (a) Repealing discriminatory laws, policies and practices that prevent women with disabilities from enjoying all the rights enshrined in the Convention, outlawing gender- and disability-based discrimination and its intersectional forms, criminalizing sexual violence against girls and women with disabilities, prohibiting all forms of forced sterilization, forced abortion and non-consensual birth control, prohibiting all forms of forced gender- and/or disability-related medical treatment and taking all appropriate legislative steps to protect women with disabilities against discrimination."
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HRCGeneral comment No. 36: Article 6 of the International Covenant on Civil and Political Rights, on the right to life (2018)"Although States parties may adopt measures designed to regulate voluntary terminations of pregnancy, such measures must not result in violation of the right to life of a pregnant woman or girl, or her other rights under the Covenant. Thus, restrictions on the ability of women or girls to seek abortion must not, inter alia, jeopardize their lives, subject them to physical or mental pain or suffering which violates article 7, discriminate against them or arbitrarily interfere with their privacy. States parties must provide safe, legal and effective access to abortion where the life and health of the pregnant woman or girl is at risk, or where carrying a pregnancy to term would cause the pregnant woman or girl substantial pain or suffering, most notably where the pregnancy is the result of rape or incest or is not viable. In addition, States parties may not regulate pregnancy or abortion in all other cases in a manner that runs contrary to their duty to ensure that women and girls do not have to undertake unsafe abortions, and they should revise their abortion laws accordingly. For example, they should not take measures such as criminalizing pregnancies by unmarried women or apply criminal sanctions against women and girls undergoing abortion or against medical service providers assisting them in doing so, since taking such measures compel women and girls to resort to unsafe abortion. States parties should not introduce new barriers and should remove existing barriers that deny effective access by women and girls to safe and legal abortion, including barriers caused as a result of the exercise of conscientious objection by individual medical providers. States parties should also effectively protect the lives of women and girls against the mental and physical health risks associated with unsafe abortions. In particular, they should ensure access for women and men, and, especially, girls and boys, to quality and evidence-based information and education about sexual and reproductive health and to a wide range of affordable contraceptive methods, [16] and prevent the stigmatization of women and girls seeking abortion. States parties should ensure the availability of, and effective access to, quality prenatal and post-abortion health care for
General comment No.28: Article 3 (The equality of rights between men and women) (2000)"Inequality in the enjoyment of rights by women throughout the world is deeply embedded in tradition, history and culture, including religious attitudes. The subordinate role of women in some countries is illustrated by the high incidence of prenatal sex selection and abortion of female foetuses. States parties should ensure that traditional, historical, religious or cultural attitudes are not used to justify violations of women’s right to equality before the law and to equal enjoyment of all Covenant rights. States parties should furnish appropriate information on those aspects of tradition, history, cultural practices and religious attitudes which jeopardize, or may jeopardize, compliance with article 3, and indicate what measures they have taken or intend to take to overcome such factors."
General comment No.28: Article 3 (The equality of rights between men and women) (2000)"When reporting on the right to life protected by article 6, States parties should provide data on birth rates and on pregnancy- and childbirth-related deaths of women. Gender-disaggregated data should be provided on infant mortality rates. States parties should give information on any measures taken by the State to help women prevent unwanted pregnancies, and to ensure that they do not have to undergo life-threatening clandestine abortions. States parties should also report on measures to protect women from practices that violate their right to life, such as female infanticide, the burning of widows and dowry killings. The Committee also wishes to have information on the particular impact on women of poverty and deprivation that may pose a threat to their lives. To assess compliance with article 7 of the Covenant, as well as with article 24, which mandates special protection for children, the Committee needs to be provided information on national laws and practice with regard to domestic and other types of violence against women, including rape. It also needs to know whether the State party gives access to safe abortion to women who have become pregnant as a result of rape. The States parties should also provide the Committee with information on measures to prevent forced abortion or forced sterilization. In States parties where the practice of genital mutilation exists information on its extent and on measures to eliminate it should be provided. The information provided by States parties on all these issues should include measures of protection, including legal remedies, for women whose rights under article 7 have been violated."
General comment No.28: Article 3 (The equality of rights between men and women) (2000)"States parties must provide information to enable the Committee to assess the effect of any laws and practices that may interfere with women’s right to enjoy privacy and other rights protected by article 17 on the basis of equality with men. An example of such interference arises where the sexual life of a woman is taken into consideration in deciding the extent of her legal rights and protections, including protection against rape. Another area where States may fail to
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