Global Abortion Policies Database
A tool to expand knowledge, encourage transparency, and promote accountability.
| Country or Region | |
|---|---|
Bolivia |
Not Specified
Read more On requestNot 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. 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 |
|---|---|---|---|---|---|---|---|---|---|---|
Bolivia |
Economic or social reasonsNot 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. 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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Foetal impairmentNot 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; 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 notesAbortion is permitted in cases of lethal congenital malformations. Related documents: |
Gestational limit
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.
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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IncestYes Related documents:Gestational limit
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.
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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Intellectual or cognitive disability of the womanNot 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: |
Gestational limit
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.
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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Gestational limit
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.
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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HealthYes Related documents:Gestational limit
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.
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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Gestational limit
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.
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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OtherLethal congenital malformations. During the first 8 weeks of gestation if the woman is in charge of older adults, individuals with disabilities or other consanguineous minors or is a student. The pregnancy is the result of non-consensual assisted reproduction. The pregnant woman is a girl or adolescent. Additional notesFor abortions in case of abduction not followed by marriage the gestational limit is 22 weeks. The gestational limit in case of lethal congenital malformations is 22 weeks. 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Bolivia |
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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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.
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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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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Parental consent required for minorsNo Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by parents may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
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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 requiredNo 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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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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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 testNo 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.
Additional notesThese tests are to be undertaken “whenever possible.” |
Other mandatory STI screening testsNo 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.
Additional notesThese tests are to be undertaken “whenever possible.” |
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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No data
Restrictions on information provided to the publicNo data found 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|
Bolivia |
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 aspirationNo data found Dilatation and evacuationNo data found Combination mifepristone-misoprostolNot specified Misoprostol onlyYes (20 WEEKS) Other (where provided)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Vacuum aspiration is the recommended technique of surgical abortion for pregnancies of up to 12 to 14 weeks of gestation. The procedure should not be routinely completed by dilatation and sharp curettage (D&C). Safe Abortion Guidelines, Executive Summary, Box 1- Recommendation.
Dilatation and evacuation (D&E) and medical methods (mifepristone and misoprostol; misoprostol alone) are both recommended methods for abortion for gestations over 12 to 14 weeks. Safe Abortion Guidelines, Executive Summary, Box 3- Recommendation.
The recommended method for medical abortion is mifepristone followed by misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
Where mifepristone is not available, the recommended method for medical abortion is misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
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Country recognized approval (mifepristone / mife-misoprostol)No Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
Chemists/pharmacists can help women avoid unintended pregnancy through provision of accurate contraceptive information, pregnancy tests, contraceptive methods and referral to safe abortion services. Safe Abortion Guidelines, § 3.3.1.1.
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Country recognized approval (misoprostol)Yes, for gynaecological indications Related documents:Misoprostol allowed to be sold or distributed by pharmacies or drug storesNot 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 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 providedPrimary health-care centresNot specified Secondary (district-level) health-care facilitiesNot specified Specialized abortion care public facilitiesNot specified Private health-care centres or clinicsNot specified NGO health-care centres or clinicsNot specified Other (if applicable)Must be a comprehensive health center, and comply with and enforce the Regulations, Standards and Clinical protocols. 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 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 centresNot specified Secondary (district-level) health-care facilitiesNot specified Specialized abortion care public facilitiesNot specified Private health-care centres or clinicsNot specified NGO health-care centres or clinicsNot specified Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. 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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Induced abortion for all womenYes Induced abortion for poor women onlyNo Abortion complicationsNot specified Private health coverageNot specified 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 |
|---|---|---|---|---|---|---|---|---|
Bolivia |
Public sector providersNo Related documents: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.
Additional notesAccording to the 2014 Technical Procedure, the individual provider refusing to conduct a legal termination of pregnancy must notify the Head of Service and / or Director of the Health Service in a written and immediate manner, in order to ensure the termination is provided within the first 24 hours of the woman having requested the service. The 2017 Code of the Criminal System refers to conscientious objection in regard of “individual medical or health personnel directly involved in the performance of the medical act” and states that conscientious objection must be stated in advance in writing and it is not permitted “in serious or urgent cases in which intervention is indispensable”. |
Private sector providersNo Related documents: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.
Additional notesAccording to the 2014 Technical Procedure, the individual provider refusing to conduct a legal termination of pregnancy must notify the Head of Service and / or Director of the Health Service in a written and immediate manner, in order to ensure the termination is provided within the first 24 hours of the woman having requested the service. The 2017 Code of the Criminal System refers to conscientious objection in regard of “individual medical or health personnel directly involved in the performance of the medical act” and states that conscientious objection must be stated in advance in writing and it is not permitted “in serious or urgent cases in which intervention is indispensable”. |
Provider type not specifiedYes Related documents: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.
Additional notesAccording to the 2014 Technical Procedure, the individual provider refusing to conduct a legal termination of pregnancy must notify the Head of Service and / or Director of the Health Service in a written and immediate manner, in order to ensure the termination is provided within the first 24 hours of the woman having requested the service. The 2017 Code of the Criminal System refers to conscientious objection in regard of “individual medical or health personnel directly involved in the performance of the medical act” and states that conscientious objection must be stated in advance in writing and it is not permitted “in serious or urgent cases in which intervention is indispensable”. |
Neither Type of Provider PermittedNo Related documents: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.
Additional notesAccording to the 2014 Technical Procedure, the individual provider refusing to conduct a legal termination of pregnancy must notify the Head of Service and / or Director of the Health Service in a written and immediate manner, in order to ensure the termination is provided within the first 24 hours of the woman having requested the service. The 2017 Code of the Criminal System refers to conscientious objection in regard of “individual medical or health personnel directly involved in the performance of the medical act” and states that conscientious objection must be stated in advance in writing and it is not permitted “in serious or urgent cases in which intervention is indispensable”. |
Public facilitiesNo Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesPublic health services must ensure that care is provided by non-objecting health personnel. |
Private facilitiesNo Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesPublic health services must ensure that care is provided by non-objecting health personnel. |
Facility type not specifiedNo Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesPublic health services must ensure that care is provided by non-objecting health personnel. |
Neither Type of Facility PermittedYes Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesPublic health services must ensure that care is provided by non-objecting health personnel. |
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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Bolivia |
CAT“The Committee takes note of the explicit recognition of sexual and reproductive rights accorded in article 66 of the Constitution and of article 20.I.7 of Act No. 348, which sets forth the State party’s obligation to “respect the decisions taken by women victims of violence in exercising their sexual rights and their reproductive rights in accordance with the laws and regulations in force”. However, the Committee notes with concern that, under article 266 (permissible abortions) of the Criminal Code, rape victims who decide to interrupt their pregnancy must obtain authorization from a judge in order to do so. Information made available to the Committee regarding the use of the right to conscientious objection by the judiciary indicates that this requirement constitutes an insurmountable obstacle in many cases, and women in this situation are therefore forced to undergo illegal abortions, with all the health risks that this entails (arts. 2 and 16). The State party should ensure that rape victims who voluntarily decide to interrupt their pregnancy have access to safe abortions. To this end, the State party should do away with any unnecessary obstacle in that regard. The Committee refers the State party to the recommendations made to it by the Committee on the Elimination of Discrimination against Women (CEDAW/C/BOL/CO/4, paras. 42 and 43). The Committee against Torture urges the State party to evaluate what effects the current highly restrictive laws on abortion have on women ’ s health.”
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CEDAW“The Committee is concerned at the lack of a gender perspective in the delivery of health services limiting to women of child-bearing age. The Committee expresses its concern at the high rate of maternal mortality in the State party, caused mainly by pregnancy-related problems and the lack of appropriate medical care, particularly in the rural areas. The Committee is also concerned about the difficulties in obtaining a legal abortion — both therapeutic and ethical — owing, inter alia, to the lack of implementing regulations for the laws in force and the tendency, as a result, for many women to seek illegal and unsafe abortions. The Committee recommends that the State party integrate a gender perspective into its national health policy in line with general recommendation 24 and improve access to health services to the most vulnerable groups of women, in particular rural and indigenous women. The Committee urges the State party to act without delay and adopt effective measures to resolve the problem of the high rate of maternal mortality by guaranteeing adequate prenatal, childbirth and post-natal care, and ensuring access to health-care facilities and medical assistance provided by trained workers in all parts of the country, particularly in the rural areas. The Committee urges the State party to adopt regulations to implement existing laws on Bolivian women’s right to therapeutic abortion. The Committee also urges the State party to afford women access to high-quality services for the treatment of complications resulting from unsafe abortions with a view to reducing maternal mortality rates.”
"28. The Committee welcomes the measures taken by the State party to enhance the provision of health services for women, including through the provision of ancestral medicine, but is concerned about: […] d) The criminalization of abortion, the restrictive conditions under which abortion is available and the lack of implementation of the rule issued by the Constitutional Court in 2014 abolishing the requirement of judicial authorization for abortion in cases of rape." ……[…] "29. The Committee recommends that the State party: Amend relevant legal provisions to decriminalize abortion and ensure that it is legally available in cases of threats to the life or health of the pregnant woman, rape, incest and serious impairment of the foetus, in addition to ensuring the appropriate implementation of the Constitutional Court ruling abolishing the requirement of judicial authorization for access to abortion in cases of rape or incest."
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CESCR“The Committee is concerned that the majority of its recommendations from 2001 in connection with Bolivia’s initial report were not followed up and that the State party has not addressed more effectively the following areas of concern, which remain valid(…) (f) The high rate of abortions, particularly among 14- and 15-year-old girls, which persists in the State party. The Committee is concerned to learn that article 266 of the Criminal Code, which stipulates that rape may constitute legal grounds for abortion, may be subject to derogation; (…) The Committee urges the State party to address the specific areas of concern that it identified in connection with its initial report (E/C.12/1/Add.60) and reiterates that the State party should implement the suggestions and recommendations made by the Committee at that time, in particular: (…) (f) The Committee encourages the State party to take the necessary measures, including legislative measures, to confront the problem of female mortality caused by illegal abortions. It recommends that school curricula should openly address the subjects of sex education and family planning in order to help prevent early pregnancies and the spread of sexually transmitted diseases. The State party should also continue its efforts to reduce maternal mortality. To this end, the Committee recommends that the State party should consider enacting Framework Law No. 810 on sexual and reproductive rights in the near future and making article 266 of the Criminal Code non-derivable;”
“The Committee is concerned about the current status of reproductive health rights of women, and in particular the high rate of maternal mortality – the highest in Latin America –which is attributed to illegal abortions and to the absence of medical assistance during childbirth. The Committee calls upon the State party to take measures to reduce the female mortality rate, and in particular to bring about a reduction of deaths caused by illegal abortion and unassisted childbirth. In particular, the Committee recommends that the State party intensify the implementation of its National Sexual and Reproductive Health Programme, organize educational campaigns regarding women’s sexual and reproductive health, and include such subjects in school curricula.”
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HRC“The Committee wishes to express its concern about the fact that prior court authorization is needed in order for therapeutic abortions and abortions following rape, statutory rape or incest not to be punishable offences. It is also concerned by reports according to which only six legal abortions have been authorized by the courts in the State party. The Committee is concerned by reports, which indicate that a large percentage of maternal deaths are due to unsafe abortions and that an alarming number of criminal investigations of women suspected of having had illegal abortions are being conducted. The Committee also finds the high rate of teen pregnancies to be regrettable (arts. 2, 3, 6 and 26). The Committee recommends that the State party: (a) Lift the requirement for prior court authorization for therapeutic abortions and abortions following rape, statutory rape or incest in order to effectively guarantee access to legal, safe abortions; (b) Refrain from prosecuting women who have had an illegal abortion because of the difficulties involved in obtaining the required prior court authorization; and ensure the effective implementation of current national health plans and programmes for educating people and raising their awareness about the importance of using contraceptives and about their sexual and reproductive health rights and ensure their implementation at the formal (schools and universities) and informal (mass media) levels.”
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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 |
|---|---|---|---|---|---|---|
Bolivia |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesARTICLE 263. ( ABORTION ) : Whoever causes the death of a fetus in the womb provokes its premature expulsion, shall be punished as follows : 1. imprisonment of two to six years if the abortion was practiced without the consent of the woman, or if she were a minor less than sixteen years of age. 2. imprisonment of one to three years , if it be practiced with the consent of the woman . 3. With imprisonment of one to three years, the woman who has given their consent. The attempt of the woman is not punishable. ARTICLE 264. (Abortion which is followed by injury or death) .- If the abortion conducted with the consent of the woman results in an injury, the penalty shall be imprisonment of one to four years, and if it leads to death, the penalty shall be increased by half. If the abortion is conducted without consent and leads to injury, the perpetrator shall be the sanctioned with imprisonment of one to seven years; if death should occur, The imprisonment shall be between two to nine years. Article 265. ( ABORTION HONORARY ) : If the offense is committed to save the honor of women, either by herself or by third parties with her consent, six months imprisonment be imposed to two years, aggravating the penalty by one third, if it leads to death. Article 267. ( ABORTION felony ) : Whoever using violence causes an abortion, without the intention of causing damage, but having the pregnancy being obvious or known about, shall be punished with imprisonment of three months to three years. Article 268. ( ABORTION DEATH ) : The person who through fault causes an abortion, will incur providing work sanction of up to a year. ARTICLE 269. ( HABITUAL PRACTICE ABORTION ) .- Whoever regularly practices abortion, shall be liable to imprisonment of one to six years. 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 263. ( ABORTION ) : Whoever causes the death of a fetus in the womb provokes its premature expulsion, shall be punished as follows : 1. imprisonment of two to six years if the abortion was practiced without the consent of the woman, or if she were a minor less than sixteen years of age. 2. imprisonment of one to three years , if it be practiced with the consent of the woman . 3. With imprisonment of one to three years, the woman who has given their consent. The attempt of the woman is not punishable. ARTICLE 264. (Abortion which is followed by injury or death) .- If the abortion conducted with the consent of the woman results in an injury, the penalty shall be imprisonment of one to four years, and if it leads to death, the penalty shall be increased by half. If the abortion is conducted without consent and leads to injury, the perpetrator shall be the sanctioned with imprisonment of one to seven years; if death should occur, The imprisonment shall be between two to nine years. Article 265. ( ABORTION HONORARY ) : If the offense is committed to save the honor of women, either by herself or by third parties with her consent, six months imprisonment be imposed to two years, aggravating the penalty by one third, if it leads to death. Article 267. ( ABORTION felony ) : Whoever using violence causes an abortion, without the intention of causing damage, but having the pregnancy being obvious or known about, shall be punished with imprisonment of three months to three years. Article 268. ( ABORTION DEATH ) : The person who through fault causes an abortion, will incur providing work sanction of up to a year. ARTICLE 269. ( HABITUAL PRACTICE ABORTION ) .- Whoever regularly practices abortion, shall be liable to imprisonment of one to six years. 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 263. ( ABORTION ) : Whoever causes the death of a fetus in the womb provokes its premature expulsion, shall be punished as follows : 1. imprisonment of two to six years if the abortion was practiced without the consent of the woman, or if she were a minor less than sixteen years of age. 2. imprisonment of one to three years , if it be practiced with the consent of the woman . 3. With imprisonment of one to three years, the woman who has given their consent. The attempt of the woman is not punishable. ARTICLE 264. (Abortion which is followed by injury or death) .- If the abortion conducted with the consent of the woman results in an injury, the penalty shall be imprisonment of one to four years, and if it leads to death, the penalty shall be increased by half. If the abortion is conducted without consent and leads to injury, the perpetrator shall be the sanctioned with imprisonment of one to seven years; if death should occur, The imprisonment shall be between two to nine years. Article 265. ( ABORTION HONORARY ) : If the offense is committed to save the honor of women, either by herself or by third parties with her consent, six months imprisonment be imposed to two years, aggravating the penalty by one third, if it leads to death. Article 267. ( ABORTION felony ) : Whoever using violence causes an abortion, without the intention of causing damage, but having the pregnancy being obvious or known about, shall be punished with imprisonment of three months to three years. Article 268. ( ABORTION DEATH ) : The person who through fault causes an abortion, will incur providing work sanction of up to a year. ARTICLE 269. ( HABITUAL PRACTICE ABORTION ) .- Whoever regularly practices abortion, shall be liable to imprisonment of one to six years. 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 265. ( ABORTION HONORARY ) : If the offense is committed to save the honor of women, either by herself or by third parties with her consent, six months imprisonment be imposed to two years, aggravating the penalty by one third, if it leads to death. |
PenaltiesARTICLE 263. ( ABORTION ) : Whoever causes the death of a fetus in the womb provokes its premature expulsion, shall be punished as follows : 1. imprisonment of two to six years if the abortion was practiced without the consent of the woman, or if she were a minor less than sixteen years of age. 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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