Global Abortion Policies Database
A tool to expand knowledge, encourage transparency, and promote accountability.
| Country or Region | |
|---|---|
Algeria |
No
Read more WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. This legal ground recognizes a woman’s free choice. Safe Abortion Guidelines, § 4.2.1.6.
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| Country | Economic or social reasons |
Foetal impairment |
Rape |
Incest |
Intellectual or cognitive disability of the woman |
Mental health |
Physical health |
Health |
Life |
Other |
|---|---|---|---|---|---|---|---|---|---|---|
Algeria |
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.5.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information; health protection or social reasons can be interpreted to include distress of the pregnant woman caused by the diagnosis of fetal impairment. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The scope of mental health includes psychological distress or mental suffering caused by, for example, coerced or forced sexual acts and diagnosis of severe fetal impairment. Safe Abortion Guidelines, § 4.2.1.2.
Additional notesLaw 85-05 on the Protection and Promotion of Public Health states: "Abortion for therapeutic purposes is considered an indispensable measure to save the life of the mother in danger, or to preserve her physiological and mental equilibrium which is seriously threatened. |
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Physical health is widely understood to include conditions that aggravate pregnancy and those aggravated by pregnancy. Safe Abortion Guidelines, § 4.2.1.2.
Additional notesLaw 85-05 on the Protection and Promotion of Public Health states: Abortion for therapeutic purposes is considered an indispensable measure to save the life of the mother in danger, or to preserve her physiological and mental equilibrium which is seriously threatened." |
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The fulfillment of human rights requires that women can access safe abortion when it is indicated to protect their health. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.2.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The human right to life requires protection by law, including when pregnancy is life-threatening or a pregnant woman’s life is otherwise endangered. Both medical and social conditions can constitute life-threatening conditions. Safe Abortion Guidelines, § 4.2.1.1.
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Other
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| Country | Authorization of health professional(s) |
Authorization in specially licensed facilities only |
Judicial authorization for minors |
Judicial authorization in cases of rape |
Police report required in case of rape |
Parental consent required for minors |
Spousal consent |
Ultrasound images or listen to foetal heartbeat required |
Compulsory counselling |
Compulsory waiting period |
Mandatory HIV screening test |
Other mandatory STI screening tests |
Prohibition of sex-selective abortion |
Restrictions on information provided to the public |
Restrictions on methods to detect sex of the foetus |
Other |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Algeria |
Number and cadre of health-care professional authorizations required
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by hospital authorities may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
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Authorization in specially licensed facilities onlyNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Restrictions on the range of providers or facilities that are authorized to provide abortion reduce the availability of services and their equitable geographic distribution. Safe Abortion Guidelines, § 4.2.2.4.
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Judicial authorization for minorsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. Safe Abortion Guidelines, § 4.2.2.
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Judicial authorization in cases of rapeNot applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Police report required in case of rapeNot applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Parental consent required for minorsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by parents may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
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Spousal consentNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by a spouse may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
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Ultrasound images or listen to foetal heartbeat requiredNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Regulatory, policy and programmatic barriers, one example of which is the requirement for mandatory ultrasound prior to abortion, that hinder access to and timely provision of safe abortion care should be removed. Safe Abortion Guidelines, Executive Summary, Box 7 - Recommendation.
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Compulsory counsellingNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Many women have made a decision to have an abortion before seeking care, and this decision should be respected without subjecting a woman to mandatory counselling. Provision of counselling to women who desire it should be voluntary, confidential, non-directive and by a trained person. Safe Abortion Guidelines, § 2.1.8.1.
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Compulsory waiting periodNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should consider eliminating waiting periods that are not medically required, and expanding services to serve all eligible women promptly. Safe Abortion Guidelines, § 4.2.2.6.
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Mandatory HIV screening testNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
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Other mandatory STI screening testsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
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Prohibition of sex-selective abortionNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. In situations where abortion is restricted for sex selection purposes, terminating a pregnancy for this reason is likely to involve an unsafe procedure carrying high risks. Any policies or guidelines on the use of technology in obstetric and fetal medicine should take into account the need to ensure women’s access to safe abortion and other services - efforts to manage or limit sex selection should also not hamper or limit access to safe abortion services. Preventing gender-biased sex selection: an interagency statement, p 10 - Recommendation.
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List of restrictionsSpeeches made in public places or meetings; by selling, offering for sale or offering, even non-public, or displaying, displaying or distributing on public roads or in public places, or by distribution at home, in the mail or in any distribution or transportation agent, books, writings, printed matter, advertisements, posters, drawings, pictures and emblems; advertising medical practices or alleged medical facilities WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should refrain from limiting access to means of maintaining sexual and reproductive health, including censoring, withholding or intentionally misrepresenting health-related information. Safe Abortion Guidelines, § 4.2.2.7.
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Restrictions on methods to detect sex of the foetusNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
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Other |
| Country | National guidelines for induced abortion |
Methods allowed |
Country recognized approval (mifepristone / mife-misoprostol) |
Country recognized approval (misoprostol) |
Where can abortion services be provided |
National guidelines for post-abortion care |
Where can post abortion care services be provided |
Contraception included in post-abortion care |
Insurance to offset end user costs |
Who can provide abortion services |
Extra facility/provider requirements for delivery of abortion services |
|---|---|---|---|---|---|---|---|---|---|---|---|
Algeria |
No data
National guidelines for induced abortionNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
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Methods allowedVacuum aspirationNo data found Dilatation and evacuationNo data found Combination mifepristone-misoprostolNo data found Misoprostol onlyNo data found Other (where provided)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Vacuum aspiration is the recommended technique of surgical abortion for pregnancies of up to 12 to 14 weeks of gestation. The procedure should not be routinely completed by dilatation and sharp curettage (D&C). Safe Abortion Guidelines, Executive Summary, Box 1- Recommendation.
Dilatation and evacuation (D&E) and medical methods (mifepristone and misoprostol; misoprostol alone) are both recommended methods for abortion for gestations over 12 to 14 weeks. Safe Abortion Guidelines, Executive Summary, Box 3- Recommendation.
The recommended method for medical abortion is mifepristone followed by misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
Where mifepristone is not available, the recommended method for medical abortion is misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
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Country recognized approval (mifepristone / mife-misoprostol)No Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
Chemists/pharmacists can help women avoid unintended pregnancy through provision of accurate contraceptive information, pregnancy tests, contraceptive methods and referral to safe abortion services. Safe Abortion Guidelines, § 3.3.1.1.
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Country recognized approval (misoprostol)No Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
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Where can abortion services be providedRelated documents:Primary health-care centresNot specified Secondary (district-level) health-care facilitiesNot specified Specialized abortion care public facilitiesNot specified Private health-care centres or clinicsNot specified NGO health-care centres or clinicsNot specified Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion services should be available at primary-care level, with referral systems in place for all required higher-level care. Safe Abortion Guidelines, Executive Summary, Box 6- Recommendation.
Additional notesThe abortion must be performed in a "specialized structure"; no additional details are provided. |
No data
National guidelines for post-abortion careNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
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Where can post abortion care services be providedPrimary health-care centresNo data found Secondary (district-level) health-care facilitiesNo data found Specialized abortion care public facilitiesNo data found Private health-care centres or clinicsNo data found NGO health-care centres or clinicsNo data found Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The facilities and skills required to manage most abortion complications are similar to those needed to care for women who have had a spontaneous abortion (miscarriage). Safe Abortion Guidelines § 2.2.6.
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No data
Contraception included in post-abortion careNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. All women should receive contraceptive information and be offered counselling for and methods of post-abortion contraception, including emergency contraception, before leaving the health-care facility. Safe Abortion Guidelines, § 2.3.
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No data
Insurance to offset end user costsNo data found Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Financing of abortion services should take into account costs to the health system while ensuring that services are affordable and readily available to all women who need them. Safe Abortion Guidelines, Executive Summary, Box 6 - Recommendation. Abortion services should be mandated for coverage under insurance plans; women should never be denied or delayed because of the inability to pay. Safe Abortion Guidelines, § 3.6.2.
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Who can provide abortion servicesRelated documents:NurseNot specified Midwife/nurse-midwifeNot specified Doctor (specialty not specified)Yes Specialist doctor, including OB/GYNYes Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Subject to gestational age and method, abortion care can be safely provided by any properly trained health-care provider, including specialist doctors, non-specialist doctors; associate and advanced associate clinicians; midwives; and nurses. Health Worker Roles in Safe Abortion Care, p 33- Recommendation.
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Extra facility/provider requirements for delivery of abortion servicesReferral linkages to a higher-level facilityNot specified Availability of a specialist doctor, including OB/GYNNot specified Minimum number of bedsNot specified Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion facilities within both the public and private sectors should be available at all levels of the health system, with appropriate referral mechanisms between facilities. Safe Abortion Guidelines, § 3.3.1.
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| Country | Public sector providers |
Private sector providers |
Provider type not specified |
Neither Type of Provider Permitted |
Public facilities |
Private facilities |
Facility type not specified |
Neither Type of Facility Permitted |
|---|---|---|---|---|---|---|---|---|
Algeria |
Public sector providersNo data foundWhere there is evidence of the existence of a source document that could not be accessed, including those that could not be translated for any reason, this information is provided in an accompanying note. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesThere is evidence to suggest that the Public Health Code, Ordinance No. 76-79 of 23 October 1976, contains a provision relevant to the medical profession and objection to the provision of healthcare. However, this document could not be located. |
Private sector providersNo data foundWhere there is evidence of the existence of a source document that could not be accessed, including those that could not be translated for any reason, this information is provided in an accompanying note. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesThere is evidence to suggest that the Public Health Code, Ordinance No. 76-79 of 23 October 1976, contains a provision relevant to the medical profession and objection to the provision of healthcare. However, this document could not be located. |
Provider type not specifiedNo data foundWhere there is evidence of the existence of a source document that could not be accessed, including those that could not be translated for any reason, this information is provided in an accompanying note. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesThere is evidence to suggest that the Public Health Code, Ordinance No. 76-79 of 23 October 1976, contains a provision relevant to the medical profession and objection to the provision of healthcare. However, this document could not be located. |
Neither Type of Provider PermittedNo data foundWhere there is evidence of the existence of a source document that could not be accessed, including those that could not be translated for any reason, this information is provided in an accompanying note. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesThere is evidence to suggest that the Public Health Code, Ordinance No. 76-79 of 23 October 1976, contains a provision relevant to the medical profession and objection to the provision of healthcare. However, this document could not be located. |
Public facilitiesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Private facilitiesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Facility type not specifiedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Neither Type of Facility PermittedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Concluding Observations issued by respective treaty bodies and selected extracts related to abortion.
| Country | CAT |
CEDAW |
CERD |
CESCR |
CRC |
CRPD |
HRC |
IE HAIT |
SR HEALTH |
SR TORTURE |
SR VAW |
WG-DWLP |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Algeria |
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CEDAW“[....] The Committee notes the information from the State party that abortion for victims of rape and incest is not criminalized. However, the lack of a decree to legalize abortion in cases of rape and incest remains a concern for the Committee. Moreover, the Committee is concerned about the lack of clarity as to whether education on sexual and reproductive health and rights forms part of public school curricula.The Committee urges the State party: (....) (b) To adopt medical standards and provide for implementation mechanisms establishing that rape and incest constitute grounds for abortion. (c) To include more comprehensive education on sexual and reproductive health and rights in public school curricula.”
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CRC“The Committee expresses deep concern about the situation of girls and women pregnant out of wedlock as well as single mothers and their children and about the lack of measures taken by the State party to ensure that they effectively enjoy their right to life survival and development. The Committee notes with serious concern that :(....) (b) Social rejection and stigmatization often lead women and girls pregnant out of wedlock to resort to clandestine abortion at the risk of their lives, to abandon their children or to live on the streets without any other opportunity but to prostitute themselves to feed their children.”
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HRC"The Committee is concerned at the number of unsafe abortions that are reportedly performed each year as a result, mainly, of the extremely limited conditions in which abortion is permitted under the Criminal Code, namely, only when the mother’s life is at risk (art. 308). The Committee is also concerned at the severity of the punishment for women who have had an abortion in situations other than those specifically authorized by the law (art. 309). A further concern in this regard is the significant social gap that exists with regard to abortion, inasmuch as poor women have access only to abortions that are unsafe and performed in conditions that jeopardize not just their health but also their lives (arts. 3, 6, 7, 17, 24 and 26). The State party should, until such time as abortion is decriminalized, amend its legislation with a view to ensuring safe, legal and effective access to abortion, including when the life and health of the woman or girl are at risk, when allowing the pregnancy to go to term would result in significant pain or suffering for the woman or girl and in particular when the pregnancy is the result of rape or incest or is not viable. It should furthermore ensure that women and girls who have abortions, as well as the physicians assisting them, are not subjected to criminal sanctions inasmuch as such sanctions force women and girls to have unsafe abortions. In addition, the State party should raise awareness through policies aimed at countering the stigmatization faced by women and girls who wish to have an abortion, and it should ensure that they have access to contraception and to appropriate and affordable reproductive health - care services."
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SR VAW" In view of these prospects, women who are pregnant outside marriage will very often opt for an abortion. Since Algerian law only permits abortions under very narrow circumstances, women have to risk dangerous clandestine abortions. [29]Estimates on the number of clandestine abortions vary widely, but the authorities acknowledge that several dozen deaths result from unsafe clandestine abortions every year.(...) The definition of rape and sexual crimes, as well as the criminalization of abortion, are currently being discussed by a Commission in charge of revising the Penal Code. (...) A considerable number of women who became pregnant due to rape opted for abortion, which was allowed during the black decade, after Algeria’s Supreme Islamic Council issued a religious opinion (fatwa) declaring abortion under these circumstances to be compatible with Islamic principles. However, there were also many women who carried their pregnancy to term and are today confronted with the additional hardship of being single mothers with children born outside marriage. (...) In terms of legislative reform, the Government should: (...) (b) Reform the Penal Code to ensure non‑discrimination and enhance the protection of women against violence. As a minimum, the legislation should: (...) (vii) Explicitly decriminalize abortion in cases of pregnancy due to rape;"
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Country specific information regarding abortion related penalties. Information regarding penalties has been presented in English only; this information is not based on an official translation. Please review the source documents provided.
| Country | Penalties deconstructed |
Penalties for woman |
Penalties for provider |
Penalties for person who assists |
Secondary additional considerations/judicial discretion |
Penalties for non-consensual abortion and or negligence |
|---|---|---|---|---|---|---|
Algeria |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesArt. 309 Is punishable by imprisonment from six months to two years and a fine of 250 to 1000 DA, the woman who intentionally caused to abort or attempted to do it, or who aconsenti to make use of means to her, indicated or administered for that purpose. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesArt. 304 Any person who, by means of food, beverages, medicines, maneuvers, violence or any other means, has procured or attempted to procure the abortion of a pregnant or pregnant woman, whether she has consented to it or not, shall be punished with imprisonment From one year to five years and a fine of 500 to 10000 AD. If death has resulted, punishment is imprisonment in time, from ten to twenty years. In any case, the perpetrator may also be forbidden to stay. Art. 305 If it is established that the offender habitually engaged in the acts referred to in article 304, the imprisonment shall be doubled in the case provided for in the first paragraph, and the penalty of imprisonment for a maximum of Its duration. Art. 306 Doctors, midwives, dental surgeons, pharmacists, as well as medical or dental students, pharmacy students or employees, herbalists, bandagists, surgical instrument dealers, nurses, nurses, masseurs, masseuses, Have indicated, favored or practiced the means of procuring abortion, shall be punished according to the penalties provided for in Articles 304 and 305. The prohibition of practicing the profession provided for in Article 23 may be imposed on those guilty persons who may, moreover, be banned from residence. Art. 307 - (Law No. 82-04 of 13 February 1982) Any person who contravenes the prohibition to practice his profession under the last paragraph of Article 306 shall be punished by imprisonment of not less than six months and not more than two years and a fine of between 1000 and 10000 AD. The offender may, moreover, be forbidden to remain. Art. 308 Abortion is not punished when it is an indispensable measure to save the life of the mother in danger and is openly practiced by a doctor or surgeon after he has given notice to the administrative authority. Art. 310 - (Law No. 82-04 of 13 February 1982) Shall be punished with imprisonment of two months to three years and a fine of 500 to 10000 AD or of either of the following two penalties: • by speeches made in public places or meetings; • by selling, offering for sale or offering, even if it is not a public one, or by displaying, displaying or distributing them on public roads or in public places or by distributing them at home, In the mail or in any distribution or transportation agent, books, writings, printed matter, advertisements, posters, drawings, pictures and emblems ; • by advertising medical practices or alleged medical establishments, • caused the abortion, even though the provocation was not followed. Art. 311 Any conviction for any of the offenses set forth in this section shall, as of right, constitute a prohibition against the exercise of any function or employment in any manner whatsoever in any clinic or delivery establishment and any public or Private individuals usually receiving for consideration or free of charge, and in any number, women in real, apparent or presumed pregnancy status. Any conviction for attempting or complicity in the same offenses entails the same prohibition. Art. 312 In the case of a conviction pronounced by a court and having become res judicata in respect of acts constituting, according to Algerian law, one of the offenses specified in this section, the court of the convicted person's domicile shall declare in chambers The request of the public prosecutor, the person duly summoned, that the prohibition provided for in Article 311 should be applied. Art. 313 Every person who contravenes the prohibition imposed under sections 311 and 312 shall be liable to imprisonment from six months to two years and to a fine of 500 to 5000 DA or to both. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesArt. 304 Any person who, by means of food, beverages, medicines, maneuvers, violence or any other means, has procured or attempted to procure the abortion of a pregnant or pregnant woman, whether she has consented to it or not, shall be punished with imprisonment From one year to five years and a fine of 500 to 10000 AD. If death has resulted, punishment is imprisonment in time, from ten to twenty years. In any case, the perpetrator may also be forbidden to stay. Art. 305 If it is established that the offender habitually engaged in the acts referred to in article 304, the imprisonment shall be doubled in the case provided for in the first paragraph, and the penalty of imprisonment for a maximum of Its duration. Art. 306 Doctors, midwives, dental surgeons, pharmacists, as well as medical or dental students, pharmacy students or employees, herbalists, bandagists, surgical instrument dealers, nurses, nurses, masseurs, masseuses, Have indicated, favored or practiced the means of procuring abortion, shall be punished according to the penalties provided for in Articles 304 and 305. The prohibition of practicing the profession provided for in Article 23 may be imposed on those guilty persons who may, moreover, be banned from residence. Art. 307 - (Law No. 82-04 of 13 February 1982) Any person who contravenes the prohibition to practice his profession under the last paragraph of Article 306 shall be punished by imprisonment of not less than six months and not more than two years and a fine of between 1000 and 10000 AD. The offender may, moreover, be forbidden to remain. Art. 308 Abortion is not punished when it is an indispensable measure to save the life of the mother in danger and is openly practiced by a doctor or surgeon after he has given notice to the administrative authority. Art. 310 - (Law No. 82-04 of 13 February 1982) Shall be punished with imprisonment of two months to three years and a fine of 500 to 10000 AD or of either of the following two penalties: • by speeches made in public places or meetings; • by selling, offering for sale or offering, even if it is not a public one, or by displaying, displaying or distributing them on public roads or in public places or by distributing them at home, In the mail or in any distribution or transportation agent, books, writings, printed matter, advertisements, posters, drawings, pictures and emblems ; • by advertising medical practices or alleged medical establishments, • caused the abortion, even though the provocation was not followed. Art. 311 Any conviction for any of the offenses set forth in this section shall, as of right, constitute a prohibition against the exercise of any function or employment in any manner whatsoever in any clinic or delivery establishment and any public or Private individuals usually receiving for consideration or free of charge, and in any number, women in real, apparent or presumed pregnancy status. Any conviction for attempting or complicity in the same offenses entails the same prohibition. Art. 312 In the case of a conviction pronounced by a court and having become res judicata in respect of acts constituting, according to Algerian law, one of the offenses specified in this section, the court of the convicted person's domicile shall declare in chambers The request of the public prosecutor, the person duly summoned, that the prohibition provided for in Article 311 should be applied. Art. 313 Every person who contravenes the prohibition imposed under sections 311 and 312 shall be liable to imprisonment from six months to two years and to a fine of 500 to 5000 DA or to both. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesNone found |
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