Global Abortion Policies Database
A tool to expand knowledge, encourage transparency, and promote accountability.
| Country or Region | |
|---|---|
Argentina |
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 |
|---|---|---|---|---|---|---|---|---|---|---|
Argentina |
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.
Additional notesThe Legislative Body of the City of Buenos Aires passed the Law 1044 in June 2003 indicating that a pregnant woman with a fetus with anencephaly or a pathology incompatible with extrauterine life has to be informed and can request a preterm delivery once the pregnancy has reached 24 weeks. This law has been used in rulings of provincial courts to allow pregnancy interruptions (i.e. Buenos Aires and Neuquén) Related documents: |
RapeYes 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.
Additional notesAccess to safe and legal abortion services is permitted for women and girls who have mental disabilities or intellectual impairment who have been sexually assaulted, in accordance with Article 86 (2) of the Criminal Code: “If the pregnancy results from rape or indecent assault of an idiot or insane woman, the consent of the legal representative is required for abortion.” |
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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Additional notesAccess to safe and legal abortion services is permitted for women and girls who have mental disabilities or intellectual impairment who have been sexually assaulted, in accordance with Article 86 (2) of the Criminal Code: “If the pregnancy results from rape or indecent assault of an idiot or insane woman, the consent of the legal representative is required for abortion.” |
Mental healthYes 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.
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Physical healthYes 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.
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HealthYes 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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LifeYes 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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OtherThe Legislative Body of the City of Buenos Aires passed the Law 1044 in June 2003 indicating that a pregnant woman with a fetus with anencephaly or a pathology incompatible with extrauterine life has to be informed and can request a preterm delivery once the pregnancy has reached 24 weeks. This law has been used in rulings of provincial courts to allow pregnancy interruptions (i.e. Buenos Aires and Neuquén). |
| 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Argentina |
Authorization of health professional(s)Yes Related documents: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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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.
Additional notesIn cases in which the parents of a girl under the age of 14 unjustifiably refuse to consent to the abortion she wishes to have, the Technical Guideline makes alternative provisions. |
Judicial authorization in cases of rapeNot 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. 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 rapeYes Related documents: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
Additional notesWhen the pregnancy is the result of rape, the health professional treating women should request proof of the official complaint of rape or, where appropriate, an affidavit of the woman or her legal representative. When the pregnancy is the result of an indecent assault of a woman with a mental disability with or without judicial declaration, the person who legally represents her is asked for proof of the complaint of indecent assault or where appropriate, the official sworn declaration of her representative. It should not require any other evidence, documentation or information, or any involvement of other people or institutions. |
Parental consent required for minorsYes 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.
Additional notesIn cases in which the parents of a girl under the age of 14 unjustifiably refuse to consent to the abortion she wishes to have, the Technical Guideline makes alternative provisions. |
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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Restrictions on information provided to the publicNot 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 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|
Argentina |
National guidelines for induced abortionYes, guidelines issued by the government Related documents: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 aspirationYes (12-14 WEEKS) Dilatation and evacuationYes (22 WEEKS) Combination mifepristone-misoprostolYes (22 WEEKS) Misoprostol onlyYes (22 WEEKS) Other (where provided)Dilatation and curettage (12-14 WEEKS) 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 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)Yes, for gynaecological indications Related documents:Misoprostol allowed to be sold or distributed by pharmacies or drug storesNo Misoprostol was registered for the prevention of gastric ulcers in combination with diclofenac. In 1998, ANMAT - the regulatory agency- issued Disposition 3646/98, stipulating that the drug can only be sold with a registered and filed prescription. In 2010 misoprostol 25 microgr was approved for cervical ripening, and it can only be sold for institutional use. In sum, misoprostol is approved and included in the official registration list but it is not included in the essential lists of drugs. 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 facilitiesYes 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.
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National guidelines for post-abortion careYes, guidelines issued by the government Related documents: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 centresYes Secondary (district-level) health-care facilitiesYes 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. 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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Contraception included in post-abortion careYes 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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Insurance to offset end user costsNot 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. 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/GYNNot specified 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 |
|---|---|---|---|---|---|---|---|---|
Argentina |
Public sector providersNo Individual health-care providers who have objected are required to refer the woman to another providerYes 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.
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Private sector providersNo Individual health-care providers who have objected are required to refer the woman to another providerYes 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.
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Provider type not specifiedYes Individual health-care providers who have objected are required to refer the woman to another providerYes 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.
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Neither Type of Provider PermittedNo Individual health-care providers who have objected are required to refer the woman to another providerYes 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.
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Public facilitiesNo 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 facilitiesNo 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 specifiedNo 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 PermittedYes 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Argentina |
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CEDAW“While appreciating the establishment of the national Programme for Sexual Health and Responsible Parenthood and, within its framework, the publication of the “Technical guide for the integral attention of non-punishable abortion cases” aimed at clarifying aspects of article 86 of the Criminal Code, the Committee notes that access to sexual and reproductive health-care services remains a significant problem for Argentinean women. The Committee further expresses its concern about the high pregnancy rate among adolescent girls and about high maternal mortality, one third of which is caused by illegal abortion. The Committee urges the State party to ensure women’s and teenage girls’ access to health services, including sexual and reproductive health services, and to see to it that education on sexual and reproductive health is undertaken in all schools at all levels, as relevant. It also urges the State party to adopt all the necessary measures to further reduce the high maternal mortality rate. The Committee further urges the State party to review existing legislation that criminalizes abortion, with serious consequences for the health and lives of women. The State party should ensure that the “Technical guide for the integral attention of non-punishable abortion cases” is applicable in the whole country in a uniform manner so that there is equal and effective access to health services to interrupt pregnancies.”
“Article 86, paragraphs 1 and 2, of the Argentine Criminal Code stipulates that abortion is not punishable in two situations: when carried out in order to avoid endangering the mother’s life or health and when the pregnancy results from “rape or indecent assault of a women with a mental disability”. The second paragraph had given rise to a landmark judicial debate, in which two interpretations are posited: a first more restrictive interpretation by which it is understood that abortion is permitted only in cases of rape of a woman with a mental disability, and a second interpretation by which it is understood that any abused women may terminate her pregnancy. Ultimately, the Supreme Court settled on the broader interpretation of the article. The Supreme Court made express reference to the fact that the United Nations Human Rights Committee holds that abortion should be permitted in cases where the pregnancy is a result of rape, and that it also drew attention to the restrictive interpretation of non-punishable abortion. (…) The Supreme Court also urges the authorities to introduce hospital guidelines for non-punishable abortion and calls on judges to “refrain from making access to terminations subject to court approval and to leave such procedures exclusively down to the decision of the patient and her doctor”. (…) In 2010, the National Sexual Health and Responsible Procreation Programme updated the technical guide for comprehensive legal abortion services produced in 2007 and distributed the update in the provinces. This guide established that, under article 86, paragraph 2, of the Criminal Code, any female victim of rape is entitled to undergo a legal abortion and that the woman’s affidavit constitutes sufficient legal grounds to authorize a non-punishable abortion. The technical guide looks at the legal framework for non-punishable abortion, along with clinical, surgical and bioethical issues such as care, counselling and informed consent. It is designed for the use of health workers in general and the teams working in the field of sexual and reproductive health in particular. Its aim is to reduce the barriers that prevent access to abortion in cases where the Argentine Criminal Code permits termination of pregnancy and to standardize clinical and surgical procedures for the provision of legal abortion services within the health system. The Programme submits legal documents for inclusion in the court files of cases of non-punishable abortion. In association with the Post-Abortion Care Programme operated by the National Directorate of Mother and Child Health, outreach materials on post-abortion care have been developed for distribution among the general public.”
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CESCR"The Committee is concerned about the high numbers of dangerous abortions in the State party, directly linked to maternal mortality, the obstacles they encounter in accessing abortion in the legally foreseen causes, such as the lack of medicines required or the negative impact of abortion. Medical conscientious objection The Committee also regrets that the decriminalization of abortion has not been approved. Finally, the Committee is concerned about the lack of a normative and institutional framework to guarantee adequate health services for intersex persons (Article 12). The Committee recommends that the State party: a) Adopt effective measures for the implementation in all p rovinces of the judgment of the Supreme Court of Justice of the Nation of 2 012 on legal abortion, and ensure that all p rovinces adopt protocols to facilitate effective access and care or comprehensive care for the children and women who will return to the abortion or in the cases foreseen in the current law and in accordance with said sentence; mination of pregnancy, b) ensure access to medications that allow a safe termination of pregnancy, such as misoprostol and mifepristone; c) Establish the legal framework and services necessary to guarantee access to abortion in the cases foreseen in the current law, in order to reduce the number of preventable maternal deaths, and guarantee access to facilities, supplies and care services. to health to meet pre-abortion and post-abortion care needs; (...) e) Adopt proactive measures to ensure that laws, regulations and relevant practices with respect to conscientious objection by medical personnel to perform or assist in legal abortions do not obstruct rapid and effective access to abortion and ensure professional treatment. and in respect for the human dignity of all those who seek access to abortion services; f) Take all necessary measures to liberalize the conditions for legal abortion and in any case never criminalize women who resort to abortion; (INFORMAL TRANSLATION)
“The Committee reiterates its concern about the inadequate reproductive health-care services for girls and women in the State party, the shortcomings of which result in the high maternal mortality rate and the overall high rates of teenage pregnancies (E/C.12/1/Add.8, para. 24). It notes in particular significant provincial disparities. It also notes with concern that unsafe abortions remain a main cause of maternal mortality (arts. 10 and 12). The Committee urges the State party to ensure the implementation of the law on sexual and reproductive health in all provinces and guarantee affordable access for everyone, especially adolescents, to comprehensive sexual and reproductive health education and services, with a view to, inter alia, addressing the high maternal mortality rate. The Committee recommends that the State party carry out programmes to raise public awareness on sexual and reproductive health. It also recommends that the State party take the necessary measures to guarantee access to legal abortions to decrease avoidable maternal deaths and that it guarantee access to health facilities, supplies and services to diminish pre – and post – abortion risks.”
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CRC“With reference to its general comments No. 20 (2016), on the implementation of the rights of the child during adolescence, and No. 4 (2003), on adolescent health and development in the context of the Convention, and noting with concern the barriers that adolescents continue to face in their access to sexual and reproductive health-care services and education, the high incidence of teenage pregnancy and the elevated risks of maternal mortality among adolescent mothers, and the insufficient access to modern methods of contraception and family planning, the Committee recommends that the State party: (…) (b) Ensure access to safe abortion and post-abortion care services for adolescent girls, ensuring that their views are always heard and given due consideration as part of the decision-making process; (…)”
“ [....] The Committee further expresses concern at the high percentage of maternal deaths, especially of adolescent girls, related to abortions (28.31 per cent in 2005) and at the lengthy procedures for legal interruption of pregnancies resulting from rape, including due to article 86 of the Penal Code. The Committee recommends that the State party: (a) Increase its efforts for the promotion of maternal and child health, including during pregnancy and birth; [....] (c) Undertake a study into the determinants of the high percentage and stagnant rates of maternal and neonatal mortality, and urgently address them; (d) Take urgent measures to reduce maternal deaths related to abortions, in particular ensuring that the provision on non-punishable abortion, especially for girls and women victims of rape, is known and enforced by the medical profession without intervention by the courts and at their own request; (e) Review article 86 of the Penal Code on a national level to prevent disparities in new and existing provincial legislation with regard to legal abortion; (f) Seek technical assistance from UNICEF and the World Health Organization, among others.”
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CRPD“The Committee regrets that, in cases where a woman with disabilities is under guardianship, her legal representative may give consent for a legal abortion on her behalf. It is likewise concerned that persons with disabilities are being sterilized without their free and informed consent. The Committee recommends that the State party amend article 86 of its Criminal Code and article 3 of Contraceptive Surgery Act No. 26.130 so that they will be in accordance with the Convention and take steps to provide the necessary support to women under guardianship or trusteeship to ensure that the women themselves are the ones who give their informed consent for a legal abortion or for sterilization.”
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HRC"The State party should revise its legislation on abortion, including its criminal legislation, by, inter alia, introducing additional exceptions to the prohibition on abortion, such as in cases where the pregnancy is the result of rape, irrespective of the woman’s intellectual or psychosocial capacity. The State party should also ensure that all women and girls have access to reproductive health services in all parts of the country and that women are not obliged, as a consequence of legal obstacles, the exercise of conscientious objection of health workers or the lack of medical protocols, to resort to clandestine abortions that put their lives and health at risk. In light of the situation in the Belén case, the State party should consider decriminalizing abortion, and should review the Belén case in light of relevant international standards, with a view to her prompt release."
“The Committee expresses its concern at the restrictive legislation on abortion contained in article 86 of the Criminal Code and at the inconsistency in the courts’ interpretations of the grounds for exemption from punishment set out in this article (articles 3 and 6 of the Covenant). The State party should amend its legislation so that it effectively helps women to prevent unwanted pregnancies and protects them from having to resort to clandestine abortions that could endanger their lives. The State should also adopt measures for educating judges and health workers about the scope of article 86 of the Criminal Code.”
“On the issue of reproductive health rights, the Committee is concerned that the criminalization of abortion deters medical professionals from providing this procedure without judicial order, even when they are permitted to do so by law, inter alia when there are clear health risks for the mother or when pregnancy results from rape of mentally disabled women. The Committee also expresses concern over discriminatory aspects of the laws and policies in force, which result in disproportionate resort to illegal, unsafe abortions by poor and rural women. The Committee recommends that the State party take measures to give effect to the Reproductive Health and Responsible Procreation Act of July 2000, by which family planning counselling and contraceptives are to be provided, in order to grant women real alternatives. It further recommends that the laws and policies with regard to family planning be reviewed on a regular basis. Women should be given access to family planning methods and sterilization procedures; and in cases where abortion procedures may lawfully be performed; all obstacles to obtaining them should be removed. Argentine law should be amended to permit abortions in all cases of pregnancy resulting from rape.”
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SR VAWAbortion is criminalized under article 85 of the Criminal Code.23 Both the person performing the abortion and the woman who causes her own abortion or gives her consent for the abortion to be performed may be sanctioned. However, article 86 provides that an abortion performed by a qualified medical doctor with the consent of the pregnant woman is not punishable if it is done in order to avoid danger to the life or health of the mother and if the danger cannot be avoided by other means; or if the pregnancy is a result of rape or assault to a woman with a mental disability or mental illness, and her legal representative consents to the abortion. The general criminalization of abortion, with certain unclear and narrowly defined exceptions, coupled with the practice of medical practitioners of seeking judicial authorization before performing an abortion, rendered abortions unavailable, even under the exceptions. The Supreme Court of Argentina, in a landmark ruling on 13 March 2012, stated that prior judicial authorization was not necessary for an abortion to be performed in cases of rape and that provincial governments should ensure access to legal abortions in such cases. Based on that ruling, in June 2015, the Ministry of Health issued the “Protocol for the comprehensive care of persons with the right to the legal interruption of pregnancy”. However, to date, only 8 of the 24 provincial jurisdictions had issued protocols on nonpunishable abortions. In October 2015, the Office of the Ombudsman issued resolution No. 65/1527 recommending that the provincial health authorities issue protocols compliant with the national protocol. The absence of protocols in the majority of the provinces, coupled with the frequent refusal of doctors to perform abortions based on conscientious objection, resulted in a high number of unsafe abortions and contributed to high maternal mortality in Argentina. According to some estimates, half a million illegal abortions took place every year in Argentina, representing about 40 per cent of all pregnancies. The Special Rapporteur received reports of women who had miscarried and sought help in public hospitals and who had been reported to the police as having undergone illegal abortions and subsequently faced criminal prosecution. Such legislation prevents women from seeking necessary medical care and assistance and contributes to maternal mortality. (…) The Special Rapporteur recommends that: (a) In the short term, as a matter of urgency, the provincial authorities should adopt the necessary protocols regulating legal abortions in line with the current Criminal Code and the Supreme Court interpretation on the matter, and in line with general recommendation No. 24 (1999) on women and health of the Committee on the Elimination of Discrimination against Women; (b) The punitive measures criminalizing women who undergo abortions be removed and a law regulating legal abortions be adopted, at least for pregnancies A/HRC/35/30/Add.3 20 resulting from rape or incest; pregnancies in which the life or health of the pregnant woman is at risk; pregnancies in which there is severe foetal impairment; (c) Strict justification requirements be defined and applied to prevent the blanket evocation of conscientious objection by medical practitioners refusing to perform abortions; (d) The federal and provincial Ministries of Health collect and disseminate information regarding public health facilities that provide access to safe legal abortions and post-abortion services.”
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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 |
|---|---|---|---|---|---|---|
Argentina |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesARTICLE 85. The person who causes an abortion will be sanctioned: 1st with imprisonment or imprisonment of three to ten years, if the person acts without the consent of the woman. This penalty may be increased up to fifteen years, if the act is followed by the death of the woman. 2nd with imprisonment or imprisonment of one to four years, if the person acts with the consent of the woman. The maximum penalty shall be increased to six years, if the event is followed by the death of the woman. ARTICLE 86. Doctors, surgeons, midwives or pharmacists who abuse their profession or skills to cause abortion or cooperate in causing an abortion, shall incur the penalties established in the preceding article and shall also suffer special disqualification for double that of the conviction. Abortion practiced by a medical doctor with the consent of the pregnant woman is not punishable: 1. If it has been done in order to avoid a danger to the life or health of the mother and if this danger cannot be avoided by other means. 2. If the pregnancy is the result of a rape or an indecent assault on an or insane woman. In this case, the consent of your legal representative must be required for abortion. ARTICLE 87. Anyone who violently causes an abortion without having intended to cause it, if the patient's state of pregnancy is known or it is recorded. The person in this case will be sanctioned with imprisonment from six months to two years. ARTICLE 88. A woman who causes her own abortion, or consents to someone else causing the same, will be punished with imprisonment of one to four years. The attempt of the woman is not punishable. 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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PenaltiesARTICLE 85. The person who causes an abortion will be sanctioned: 1st with imprisonment or imprisonment of three to ten years, if the person acts without the consent of the woman. This penalty may be increased up to fifteen years, if the act is followed by the death of the woman. 2nd with imprisonment or imprisonment of one to four years, if the person acts with the consent of the woman. The maximum penalty shall be increased to six years, if the event is followed by the death of the woman. ARTICLE 86. Doctors, surgeons, midwives or pharmacists who abuse their profession or skills to cause abortion or cooperate in causing an abortion, shall incur the penalties established in the preceding article and shall also suffer special disqualification for double that of the conviction. Abortion practiced by a medical doctor with the consent of the pregnant woman is not punishable: 1. If it has been done in order to avoid a danger to the life or health of the mother and if this danger cannot be avoided by other means. 2. If the pregnancy is the result of a rape or an indecent assault on an or insane woman. In this case, the consent of your legal representative must be required for abortion. ARTICLE 87. Anyone who violently causes an abortion without having intended to cause it, if the patient's state of pregnancy is known or it is recorded. The person in this case will be sanctioned with imprisonment from six months to two years. ARTICLE 88. A woman who causes her own abortion, or consents to someone else causing the same, will be punished with imprisonment of one to four years. The attempt of the woman is not punishable. 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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PenaltiesARTICLE 85. The person who causes an abortion will be sanctioned: 1st with imprisonment or imprisonment of three to ten years, if the person acts without the consent of the woman. This penalty may be increased up to fifteen years, if the act is followed by the death of the woman. 2nd with imprisonment or imprisonment of one to four years, if the person acts with the consent of the woman. The maximum penalty shall be increased to six years, if the event is followed by the death of the woman. ARTICLE 86. Doctors, surgeons, midwives or pharmacists who abuse their profession or skills to cause abortion or cooperate in causing an abortion, shall incur the penalties established in the preceding article and shall also suffer special disqualification for double that of the conviction. Abortion practiced by a medical doctor with the consent of the pregnant woman is not punishable: 1. If it has been done in order to avoid a danger to the life or health of the mother and if this danger cannot be avoided by other means. 2. If the pregnancy is the result of a rape or an indecent assault on an or insane woman. In this case, the consent of your legal representative must be required for abortion. ARTICLE 87. Anyone who violently causes an abortion without having intended to cause it, if the patient's state of pregnancy is known or it is recorded. The person in this case will be sanctioned with imprisonment from six months to two years. ARTICLE 88. A woman who causes her own abortion, or consents to someone else causing the same, will be punished with imprisonment of one to four years. The attempt of the woman is not punishable. 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 |
Penalties"Penal Code 1984 ARTICLE 85. The person who causes an abortion will be sanctioned: 1st with imprisonment or imprisonment of three to ten years, if the person acts without the consent of the woman. This penalty may be increased up to fifteen years, if the act is followed by the death of the woman. 2nd with imprisonment or imprisonment of one to four years, if the person acts with the consent of the woman. The maximum penalty shall be increased to six years, if the event is followed by the death of the woman." 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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