Global Abortion Policies Database
A tool to expand knowledge, encourage transparency, and promote accountability.
| Country or Region | |
|---|---|
Argentina |
Gestational limit: 14
Read more On requestYes Gestational limit
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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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 |
Economic or social reasonsYes Gestational limit
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
Additional notesThe legal standards define health as a ‘a state of complete physical, mental and social well-being, and not only the absence of diseases or illnesses’ saying that a pregnancy can be legally terminated when any of these dimensions of health are at risk. |
Foetal impairmentNo Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
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 Gestational limit
A woman seeking abortion where the pregnancy is the result of rape and the pregnancy has exceeded 14 weeks, must make a statement to the health professional explaining that the pregnancy is sue to rape. If the girl is below 13 years of age she does not have to make a declaration to the medical professional in order to access under this ground. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
Related documents: |
IncestNo Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
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Intellectual or cognitive disability of the womanNo |
Mental healthYes Gestational limit
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
Additional notesThe text does refer to "integral health" which may infer both physical and mental health are taken into consideration but does not specify physical health and mental health explicitly as separate grounds. However, the legal standards state that physical and mental health are specific components of health, saying that a pregnancy can be legally terminated when any of these dimensions of health are at risk. It further states that in the cases of girls and adolescents aged 15 years or less, pregnancy itself implies an increased risk for both physical and mental health. |
Physical healthYes Gestational limit
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
Additional notesThe text does refer to "integral health" which may infer both physical and mental health are taken into consideration but does not specify physical health and mental health explicitly as separate grounds. However, the legal standards state that physical and mental health are specific components of health, saying that a pregnancy can be legally terminated when any of these dimensions of health are at risk. It further states that in the cases of girls and adolescents aged 15 years or less, pregnancy itself implies an increased risk for both physical and mental health. |
HealthYes Related documents:
Gestational limit
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
Additional notesThe legal standard defines health as a ‘a state of complete physical, mental and social well-being, and not only the absence of diseases or illnesses’ saying that a pregnancy can be legally terminated when any of these dimensions of health are at risk. It further states that in the cases of girls and adolescents aged 15 years or less, pregnancy itself implies an increased risk for both physical and mental health. |
LifeYes Related documents:
Gestational limit
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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OtherAll sexual relations with penetration in which the person, for whatever reason, has not freely expressed their consent (for example, due to being asleep, unconscious or under the influence of alcohol or drugs, or being in situations such as described in the previous point) are violations. Any sexual relationship with a girl under the age of 13 is rape. Related documents:Additional notesNo limit is specified. A woman seeking abortion where the pregnancy is the result of rape and the pregnancy has exceeded 14 weeks, must make a statement to the health professional explaining that the pregnancy is sue to rape. If the girl is below 13 years of age she does not have to make a declaration to the medical professional in order to access under this ground. Related documents: |
| 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)No WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Third-party authorization requirements are incompatible with international human rights law, which provides that States may not restrict women’s access to health services on the ground that they do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried, or because they are women. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
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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. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. To establish an enabling environment, there is a need for abortion care to be integrated into the health system across all levels (including primary, secondary and tertiary) – and supported in the community – to allow for expansion of health worker roles, including self-management approaches. To ensure both access to abortion and achievement of Universal Health Coverage (UHC), abortion must be centred within primary health care (PHC), which itself is fully integrated within the health system, facilitating referral pathways for higher-level care when needed. Abortion Care Guideline § 1.4.1.
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Judicial authorization for minorsNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
Additional notesThose seeking abortion services under 16 years old must follow the procedure for informed consent set out in Law 27610. As per the 2021 Technical guide on medical aspects, girls under 13 should be able to provide their consent with the assistance of their parents or people who exercise, formal or informally, care roles, who should also sign the informed consent form. People between 13 and 16 can consent themselves, except in those situations where a technique should be used that may involve a serious risk to health or life. In those cases, the assistance of their parents or people who exercise, formally or informally, roles of care, should be sought. |
Judicial authorization in cases of rapeNo Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. There shall be no procedural requirements to “prove” or “establish” satisfaction of grounds, such as requiring judicial orders or police reports in cases of rape or sexual assault (for sources to support this information). These restrictions subject the individual to unnecessary trauma, may put them at increased risk from the perpetrator, and may cause women to resort to unsafe abortion.
Additional notesThe legal standards state that ‘in cases of rape, a police or judicial report is never required to access an ILE, it is only an affidavit that the pregnancy is the result of rape is necessary’. |
Police report required in case of rapeNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. There shall be no procedural requirements to “prove” or “establish” satisfaction of grounds, such as requiring judicial orders or police reports in cases of rape or sexual assault (for sources to support this information). These restrictions subject the individual to unnecessary trauma, may put them at increased risk from the perpetrator, and may cause women to resort to unsafe abortion.
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Parental consent required for minorsYes Can another adult consent in place of a parent?Yes Alternative individuals can include people who exercise, formal or informally, care roles, people close to them or affective referents. Age where consent not needed
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. While parental or partner involvement in abortion decision-making can support and assist women, girls or other pregnant persons, this must be based on the values and preferences of the person availing of abortion and not imposed by third-party authorization requirements. Third-party authorization requirements are incompatible with international human rights law, which provides that States may not restrict women’s access to health services on the ground that they do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried, or because they are women. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
Additional notesThose seeking abortion services under 16 years old must follow the procedure for informed consent set out in Law 27610. As per the 2021 Technical guide on medical aspects, girls under 13 should be able to provide their consent with the assistance of their parents or people who exercise, formal or informally, care roles, who should also sign the informed consent form. People between 13 and 16 can consent themselves, except in those situations where a technique should be used that may involve a serious risk to health or life. In those cases, the assistance of their parents or people who exercise, formally or informally, roles of care, should be sought. |
Spousal consentNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. While parental or partner involvement in abortion decision-making can support and assist women, girls or other pregnant persons, this must be based on the values and preferences of the person availing of abortion and not imposed by third-party authorization requirements. Third-party authorization requirements are incompatible with international human rights law, which provides that States may not restrict women’s access to health services on the ground that they do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried, or because they are women. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
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Ultrasound images or listen to foetal heartbeat requiredNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The right to refuse information, including the right to refuse viewing ultrasound images, must be respected. The Abortion Care Guideline recommends against the use of ultrasound scanning as a prerequisite for providing abortion services for both medical and surgical abortion. Abortion Care Guideline § 3.3.5.
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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. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. While counselling should be made available and accessible, it should always be voluntary for women to choose whether or not they want to receive it. The right to refuse counselling when offered must be respected. Where provided, counselling must be available to individuals in a way that respects privacy and confidentiality.
Additional notesThe 2021 Protocol explains what initial counselling before an abortion should contain, but does not specify whether this is compulsory. Related documents: |
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. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Mandatory waiting periods delay access to abortion, sometimes to the extent that women’s access to abortion or choice of abortion method is restricted. The Abortion Care Guideline recommends against mandatory waiting periods for abortion. Abortion Care Guideline § 3.3.1.
Additional notesEvery pregnant person has the right to access the interruption of her pregnancy in the services of the health system or with its assistance, within a maximum period of ten (10) calendar days from its request. Related documents: |
Mandatory HIV screening testNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Regulatory, policy and programmatic barriers – as well as barriers in practice – that hinder access to and timely provision of quality abortion care should be removed. Abortion Care Guideline § Box 2.1.
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Other mandatory STI screening testsVaries by jurisdictionWhere policies or laws vary by jurisdiction, this is noted with an accompanying note and no interpretation is made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Regulatory, policy and programmatic barriers – as well as barriers in practice – that hinder access to and timely provision of quality abortion care should be removed. Abortion Care Guideline § Box 2.1.
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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. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. 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.
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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. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Dissemination of misinformation, withholding of information and censorship should be prohibited.
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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. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. 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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OtherA woman seeking abortion where the pregnancy is the result of rape and the pregnancy has exceeded 14 weeks, must make a statement to the health professional explaining that the pregnancy is sue to rape. If the girl is below 13 years of age she does not have to make a declaration to the medical professional in order to access under this ground.
The 2021 law states, however, that if a "person with restricted capacity" has been "declared judicially incapable", then they must provide their consent with the assistance of their legal representative or, in the absence or absence of this , that of a relative, in the terms of article 59 of the Civil and Commercial Code of the Nation.
In the absence of a consenting party, the doctor can dispense with the consent if their action is urgent and is intended to prevent serious harm to the patient. Related documents:
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| 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 WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. National standards and guidelines for abortion care should be evidence based and periodically updated and should provide the necessary guidance to achieve equal access to comprehensive abortion care. Leadership should also promote evidence-based SRH services according to these standards and guidelines. Abortion Care Guideline § 1.3.3.
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Methods allowedVacuum aspirationYes The 2021 medical aspects guidance states that In those places where the usual practice is uterine curettage, all efforts should be directed to replace it with vacuum aspiration, in order to improve the safety and quality of care. Dilatation and evacuationYes The 2021 medical aspects guidance states that In those places where the usual practice is uterine curettage, all efforts should be directed to replace it with vacuum aspiration, in order to improve the safety and quality of care. Combination mifepristone-misoprostolNo Misoprostol onlyYes Other (where provided)WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Vacuum aspiration is recommended for surgical abortions at or under 14 weeks to be provided by traditional and complementary medicine professionals, nurses, midwives, associate/advanced associate clinicians, generalist medical practitioners and specialist medical practitioners.
Dilation and evacuation (D&E) is recommended for surgical abortions at or over 14 weeks to be provided by generalist medical practitioners and specialist medical practitioners. Vacuum aspiration can be used during a D&E. Abortion Care Guideline § 3.4.1.
The recommended method for medical abortion is mifepristone followed by misoprostol (regimen differs by gestational age). Abortion Care Guideline § 3.4.2.
The Abortion Care Guideline recommends the use of misoprostol alone, with a regime that differs by gestational age. Evidence demonstrates that the use of combination mifepristone plus misoprostol is more effective than misoprostol alone. Abortion Care Guideline § 3.4.2.
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Country recognized approval (mifepristone / mife-misoprostol)No Related documents:
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Mifepristone and misoprostol should be listed in relevant national EMLs (NEMLs) or their equivalent and should be included in the relevant clinical care/service delivery guidelines.
Mifepristone and misoprostol should be listed in relevant national EMLs (NEMLs) or their equivalent and should be included in the relevant clinical care/service delivery guidelines.
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Country recognized approval (misoprostol)Yes, for gynaecological indications Misoprostol allowed to be sold or distributed by pharmacies or drug storesNo Misoprostol can only be sold for institutional use, WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Mifepristone and misoprostol should be listed in relevant national EMLs (NEMLs) or their equivalent and should be included in the relevant clinical care/service delivery guidelines.
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Where can abortion 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)Outpatient basis at home. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
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National guidelines for post-abortion careYes, guidelines issued by the government WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. National standards and guidelines for abortion care should be evidence based and periodically updated and should provide the necessary guidance to achieve equal access to comprehensive abortion care. Leadership should also promote evidence-based SRH services according to these standards and guidelines. Abortion Care Guideline § 1.3.3.
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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)If a person is going through an incomplete abortion, the medical procedure can be repeated or a vacuum aspiration can be performed. This can be done at a health center that has be possibility of carrying it out. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends the option of telemedicine as an alternative to in-person interactions with the health worker to deliver medical abortion services in whole or in part. Telemedicine services should include referrals (based on the woman’s location) for medicines (abortion and pain control medicines), any abortion care or post-abortion follow-up required (including for emergency care if needed), and for post-abortion contraceptive services. Abortion Care Guideline § 3.6.1.
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Contraception included in post-abortion careYes WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. All contraceptive options may be considered after an abortion. For individuals undergoing surgical abortion and wishing to use contraception, Abortion Care Guideline recommends the option of initiating the contraception at the time of surgical abortion. For individuals undergoing medical abortion, for those who choose to use hormonal contraception, the Abortion Care Guideline suggests that they be given the option of starting hormonal contraception immediately after the first pill of the medical abortion regimen. For those who choose to have an IUD inserted, Abortion Care Guideline suggests IUD placement at the time that success of the abortion procedure is determined. Abortion Care Guideline § 3.5.4.
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Insurance to offset end user costsYes Induced abortion for all womenYes Abortion complicationsYes Private health coverageNot specified WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where user fees are charged for abortion, this should be based on careful consideration of ability to pay, and fee waivers should be available for those who are facing financial hardship and adolescent abortion seekers. As far as possible, abortion services and supplies should be mandated for coverage under insurance plans as inability to pay is not an acceptable reason to deny or delay abortion care. Furthermore, having transparent procedures in all health-care facilities can ensure that informal charges are not imposed by staff. Abortion Care Guideline § 1.4.2.
Additional notesThe legal standards state - As established in article 12 of Law 27,610, the public sector health, social works, prepaid medicine entities and all agents and organizations that provide medical-assistance services, regardless of the legal status they have, must incorporate comprehensive and free coverage of the termination of pregnancy in all the ways that the WHO recommends, with comprehensive coverage of the practice, along with diagnostic benefits, supportive medications and therapies. Related documents: |
Who can provide abortion servicesRelated documents:
NurseYes Midwife/nurse-midwifeNot specified Doctor (specialty not specified)Yes Specialist doctor, including OB/GYNNot specified Other (if applicable)Health professional WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends against regulation on who can provide and manage abortion that is inconsistent with WHO guidance. Abortion Care Guideline § 3.3.8.
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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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. There is no single recommended approach to providing abortion services. The choice of specific health worker(s) (from among the recommended options) or management by the individual themself, and the location of service provision (from among recommended options) will depend on the values and preferences of the woman, girl or other pregnant person, available resources, and the national and local context. A plurality of service-delivery approaches can co-exist within any given context. Given that service-delivery approaches can be diverse, it is important to ensure that for the individual seeking care, the range of service-delivery options taken together will provide access to scientifically accurate, understandable information at all stages; access to quality-assured medicines (including those for pain management); back-up referral support if desired or needed; linkages to an appropriate choice of contraceptive services for those who want post-abortion contraception. Best Practice Statement 49 on service delivery. Abortion Care Guideline § 3.6.1.
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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 providersIndividual health-care providers who have objected are required to refer the woman to another providerYes If an institution does not have a health professional who is willing to provide abortion services, and they only have health professionals claiming conscientious objection, the health professional attending the woman must refer the patient to a health professional who can provide abortion services. The patient's costs of travel to the provider must be covered by the referring practitioner/institution. Health personnel may not refuse to terminate the pregnancy if the pregnant person’s life is at risk or the pregnant person's health is in danger and requires immediate and urgent attention. Conscientious objection may not be employed by practitioners in order to refuse to provide postabortion health care. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
Additional notesHealth personnel may not refuse to terminate the pregnancy if the pregnant person’s life is at risk or the pregnant person's health is in danger and requires immediate and urgent attention. Conscientious objection may not be employed by practitioners in order to refuse to provide postabortion health care. |
Private sector providersIndividual health-care providers who have objected are required to refer the woman to another providerYes If an institution does not have a health professional who is willing to provide abortion services, and they only have health professionals claiming conscientious objection, the health professional attending the woman must refer the patient to a health professional who can provide abortion services. The patient's costs of travel to the provider must be covered by the referring practitioner/institution. Health personnel may not refuse to terminate the pregnancy if the pregnant person’s life is at risk or the pregnant person's health is in danger and requires immediate and urgent attention. Conscientious objection may not be employed by practitioners in order to refuse to provide postabortion health care. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
Additional notesHealth personnel may not refuse to terminate the pregnancy if the pregnant person’s life is at risk or the pregnant person's health is in danger and requires immediate and urgent attention. Conscientious objection may not be employed by practitioners in order to refuse to provide postabortion health care. |
Provider type not specifiedYes Individual health-care providers who have objected are required to refer the woman to another providerYes If an institution does not have a health professional who is willing to provide abortion services, and they only have health professionals claiming conscientious objection, the health professional attending the woman must refer the patient to a health professional who can provide abortion services. The patient's costs of travel to the provider must be covered by the referring practitioner/institution. Health personnel may not refuse to terminate the pregnancy if the pregnant person’s life is at risk or the pregnant person's health is in danger and requires immediate and urgent attention. Conscientious objection may not be employed by practitioners in order to refuse to provide postabortion health care. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
Additional notesHealth personnel may not refuse to terminate the pregnancy if the pregnant person’s life is at risk or the pregnant person's health is in danger and requires immediate and urgent attention. Conscientious objection may not be employed by practitioners in order to refuse to provide postabortion health care. |
Neither Type of Provider PermittedIndividual health-care providers who have objected are required to refer the woman to another providerYes If an institution does not have a health professional who is willing to provide abortion services, and they only have health professionals claiming conscientious objection, the health professional attending the woman must refer the patient to a health professional who can provide abortion services. The patient's costs of travel to the provider must be covered by the referring practitioner/institution. Health personnel may not refuse to terminate the pregnancy if the pregnant person’s life is at risk or the pregnant person's health is in danger and requires immediate and urgent attention. Conscientious objection may not be employed by practitioners in order to refuse to provide postabortion health care. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
Additional notesHealth personnel may not refuse to terminate the pregnancy if the pregnant person’s life is at risk or the pregnant person's health is in danger and requires immediate and urgent attention. Conscientious objection may not be employed by practitioners in order to refuse to provide postabortion health care. |
Public facilitiesNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
Additional notesIf an institution does not have a health professional who is willing to provide abortion services, and they only have health professionals claiming conscientious objection, the health professional attending the woman must refer the patient to a health professional who can provide abortion services. The patient's costs of travel to the provider must be covered by the referring practitioner/institution. The legal standards state - Conscientious objection is always individual. |
Private facilitiesNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
Additional notesIf an institution does not have a health professional who is willing to provide abortion services, and they only have health professionals claiming conscientious objection, the health professional attending the woman must refer the patient to a health professional who can provide abortion services. The patient's costs of travel to the provider must be covered by the referring practitioner/institution. The legal standards state - Conscientious objection is always individual. |
Facility type not specifiedNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
Additional notesIf an institution does not have a health professional who is willing to provide abortion services, and they only have health professionals claiming conscientious objection, the health professional attending the woman must refer the patient to a health professional who can provide abortion services. The patient's costs of travel to the provider must be covered by the referring practitioner/institution. The legal standards state - Conscientious objection is always individual. |
Neither Type of Facility PermittedYes WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
Additional notesIf an institution does not have a health professional who is willing to provide abortion services, and they only have health professionals claiming conscientious objection, the health professional attending the woman must refer the patient to a health professional who can provide abortion services. The patient's costs of travel to the provider must be covered by the referring practitioner/institution. The legal standards state - Conscientious objection is always individual. |
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 from three (3) months to one (1) year, if acting with the consent of the pregnant person, after the fourteen (14) week of gestation and provided that the cases provided for in article 86 do not mediate The maximum penalty shall be increased to six years, if the event is followed by the death of the woman. ARTICLE 86. An abortion carried out with the consent of the pregnant person up to the fourteenth week is not a crime (14) inclusive of the gestational process. Outside of the period established in the preceding paragraph, abortion performed with the consent of the pregnant person:1. If the pregnancy is the product of rape. In this case, the practice must be guaranteed with the requirement and the sworn statement of the pregnant person before the intervening health professional or personnel. In the cases of girls under thirteen (13) years of age, the affidavit will not be required.2. If the life or integral health of the pregnant person is at risk. ARTICLE 87. It will be repressed or punished with imprisonment from six (6) months to three (3) years, the one or the one with violence I will cause an abortion without having had the intention of causing it, if the state of the pregnancy of the pregnant person is notorious or it will prove ARTICLE 88. The pregnant person who, after the week fourteen (14) of gestation and provided that the assumptions provided for in article 86 do not mediate, it will cause its own abortion or allowed another to cause it. The penalty may be waived when circumstances make the conduct. The attempt of the pregnant person 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. WHO Abortion Care Guideline, p 62.
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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 from three (3) months to one (1) year, if acting with the consent of the pregnant person, after the fourteen (14) week of gestation and provided that the cases provided for in article 86 do not mediate The maximum penalty shall be increased to six years, if the event is followed by the death of the woman. ARTICLE 86. An abortion carried out with the consent of the pregnant person up to the fourteenth week is not a crime (14) inclusive of the gestational process. Outside of the period established in the preceding paragraph, abortion performed with the consent of the pregnant person:1. If the pregnancy is the product of rape. In this case, the practice must be guaranteed with the requirement and the sworn statement of the pregnant person before the intervening health professional or personnel. In the cases of girls under thirteen (13) years of age, the affidavit will not be required.2. If the life or integral health of the pregnant person is at risk. ARTICLE 87. It will be repressed or punished with imprisonment from six (6) months to three (3) years, the one or the one with violence I will cause an abortion without having had the intention of causing it, if the state of the pregnancy of the pregnant person is notorious or it will prove ARTICLE 88. The pregnant person who, after the week fourteen (14) of gestation and provided that the assumptions provided for in article 86 do not mediate, it will cause its own abortion or allowed another to cause it. The penalty may be waived when circumstances make the conduct. The attempt of the pregnant person 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. WHO Abortion Care Guideline, p 62.
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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 from three (3) months to one (1) year, if acting with the consent of the pregnant person, after the fourteen (14) week of gestation and provided that the cases provided for in article 86 do not mediate The maximum penalty shall be increased to six years, if the event is followed by the death of the woman. ARTICLE 86. An abortion carried out with the consent of the pregnant person up to the fourteenth week is not a crime (14) inclusive of the gestational process. Outside of the period established in the preceding paragraph, abortion performed with the consent of the pregnant person:1. If the pregnancy is the product of rape. In this case, the practice must be guaranteed with the requirement and the sworn statement of the pregnant person before the intervening health professional or personnel. In the cases of girls under thirteen (13) years of age, the affidavit will not be required.2. If the life or integral health of the pregnant person is at risk. ARTICLE 87. It will be repressed or punished with imprisonment from six (6) months to three (3) years, the one or the one with violence I will cause an abortion without having had the intention of causing it, if the state of the pregnancy of the pregnant person is notorious or it will prove ARTICLE 88. The pregnant person who, after the week fourteen (14) of gestation and provided that the assumptions provided for in article 86 do not mediate, it will cause its own abortion or allowed another to cause it. The penalty may be waived when circumstances make the conduct. The attempt of the pregnant person 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. WHO Abortion Care Guideline, p 62.
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PenaltiesNone found |
PenaltiesArticle 85: He or she who causes an abortion will be punished:1. With imprisonment from three (3) to ten (10) years, if acting without the consent of the pregnant person. This penalty may rise up to fifteen (15) years if the event is followed by the death of the pregnant person 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. WHO Abortion Care Guideline, p 62.
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