| Country | On request |
Economic or social reasons |
Foetal impairment |
Rape |
Incest |
Intellectual or cognitive disability of the woman |
Mental health |
Physical health |
Health |
Life |
Other (where provided) |
|---|---|---|---|---|---|---|---|---|---|---|---|
Burundi |
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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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.5.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information; health protection or social reasons can be interpreted to include distress of the pregnant woman caused by the diagnosis of fetal impairment. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The scope of mental health includes psychological distress or mental suffering caused by, for example, coerced or forced sexual acts and diagnosis of severe fetal impairment. Safe Abortion Guidelines, § 4.2.1.2.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Physical health is widely understood to include conditions that aggravate pregnancy and those aggravated by pregnancy. Safe Abortion Guidelines, § 4.2.1.2.
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Gestational limit appliesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The 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.
Additional notesPenal Code Article 511 exempts abortion from criminal punishment “when the pregnancy was interrupted by a licensed physician, with the written consent of the pregnant person and assent of a second medical practitioner, in order to obviate a danger which cannot be otherwise obviated and which threatens the life of the mother or seriously threatens her health with grave and permanent impairment. In the exercise of public action and in the possible sentence under the provisions of Articles 508-510, the social demands of the environment in which the act was accomplished are taken into account.” |
Gestational limit appliesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The 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.
Additional notesPenal Code Article 511 exempts abortion from criminal punishment “when the pregnancy was interrupted by a licensed physician, with the written consent of the pregnant person and assent of a second medical practitioner, in order to obviate a danger which cannot be otherwise obviated and which threatens the life of the mother or seriously threatens her health with grave and permanent impairment. In the exercise of public action and in the possible sentence under the provisions of Articles 508-510, the social demands of the environment in which the act was accomplished are taken into account.” |
| 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 (where provided) |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Burundi |
Number and cadre of health-care professional authorizations required
Penal Code Article 511 exempting abortion from punishment in specific circumstances requires that it be “interrupted by a licensed physician, with the written consent of the pregnant person and assent of a second medical practitioner.” It also states “[t]here is no infringement when pregnancy was interrupted by decision of two doctors in an emergency or is unable to collect the manifestation of the will of the pregnant person or of the person authorized to represent it.” 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.
Additional notesPenal Code Article 511 exempting abortion from punishment in specific circumstances requires that it be “interrupted by a licensed physician, with the written consent of the pregnant person and assent of a second medical practitioner.” It also states “[t]here is no infringement when pregnancy was interrupted by decision of two doctors in an emergency or is unable to collect the manifestation of the will of the pregnant person or of the person authorized to represent it.” |
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 and recommendations were extracted from WHO guidance on safe abortion. Restrictions on the range of providers or facilities that are authorized to provide abortion reduce the availability of services and their equitable geographic distribution. Safe Abortion Guidelines, § 4.2.2.4.
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Judicial authorization for minorsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. Safe Abortion Guidelines, § 4.2.2.
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Judicial authorization in cases of rapeNot applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Police report required in case of rapeNot applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Parental consent required for minorsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by parents may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
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Spousal consentNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by a spouse may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
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Ultrasound images or listen to foetal heartbeat requiredNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Regulatory, policy and programmatic barriers, one example of which is the requirement for mandatory ultrasound prior to abortion, that hinder access to and timely provision of safe abortion care should be removed. Safe Abortion Guidelines, Executive Summary, Box 7 - Recommendation.
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Compulsory counsellingNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Many women have made a decision to have an abortion before seeking care, and this decision should be respected without subjecting a woman to mandatory counselling. Provision of counselling to women who desire it should be voluntary, confidential, non-directive and by a trained person. Safe Abortion Guidelines, § 2.1.8.1.
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Compulsory waiting periodNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should consider eliminating waiting periods that are not medically required, and expanding services to serve all eligible women promptly. Safe Abortion Guidelines, § 4.2.2.6.
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Mandatory HIV screening testNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
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Other mandatory STI screening testsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
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Prohibition of sex-selective abortionNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. 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 | No data |
| 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|
Burundi |
No data |
Methods allowedVacuum aspirationNo data found Dilatation and evacuationNo data found Combination mifepristone-misoprostolNo data found. Misoprostol onlyNo data found. Other (where provided)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Vacuum aspiration is the recommended technique of surgical abortion for pregnancies of up to 12 to 14 weeks of gestation. The procedure should not be routinely completed by dilatation and sharp curettage (D&C). Safe Abortion Guidelines, Executive Summary, Box 1- Recommendation.
Dilatation and evacuation (D&E) and medical methods (mifepristone and misoprostol; misoprostol alone) are both recommended methods for abortion for gestations over 12 to 14 weeks. Safe Abortion Guidelines, Executive Summary, Box 3- Recommendation.
The recommended method for medical abortion is mifepristone followed by misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
Where mifepristone is not available, the recommended method for medical abortion is misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
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Country recognized approval (mifepristone / mife-misoprostol)No Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
Chemists/pharmacists can help women avoid unintended pregnancy through provision of accurate contraceptive information, pregnancy tests, contraceptive methods and referral to safe abortion services. Safe Abortion Guidelines, § 3.3.1.1.
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Country recognized approval (misoprostol)Yes, for non-gynaecological indications only 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 providedRelated documents:Primary health-care centresNot specified Secondary (district-level) health-care facilitiesNot specified Specialized abortion care public facilitiesNot specified Private health-care centres or clinicsNot specified NGO health-care centres or clinicsNot specified Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion services should be available at primary-care level, with referral systems in place for all required higher-level care. Safe Abortion Guidelines, Executive Summary, Box 6- Recommendation.
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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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No data |
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.
Additional notesOne of the requirements for abortion to legal under Article 511 of the Penal Code is that it be performed by “a licensed physician.” |
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 |
|---|---|---|---|---|---|---|---|---|
Burundi |
No data | No data | No data | No data | No data | No data | No data | No data |
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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Burundi |
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Concluding ObservationsCEDAW“While welcoming the State party’s efforts to improve women’s health, the Committee remains concerned about the low level of access for women to adequate health-care services, in particular information on antenatal and post-natal care and family planning, particularly in rural areas. It is concerned about the high maternal mortality rate, which indicates a lack of obstetric care, and the number of deaths following illegal abortions. The Committee further notes the establishment of family development centres, but is concerned that not every province has such a centre and that they are often short of qualified staff.”
CEDAW“The Committee [….] is concerned, however, about: [….] The unavailability, unaffordability and inaccessibility of modern contraceptives and sexual and reproductive health services in the State party, criminalization of abortion and that 45% of incarcerated women are serving sentences up to 20 years imprisonment on conviction for abortion and infanticide.
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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 |
|---|---|---|---|---|---|---|
Burundi |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesArticle 510: The woman who voluntarily had an abortion is punishable by a prison term of one year to two years and a fine of twenty thousand to fifty thousand francs. Article 511: The criminal penalties provided in the preceding articles do not apply when the pregnancy was interrupted by a licensed physician, with the written consent of the pregnant person and assent of a second medical practitioner, in order to obviate a threatening not to distract and otherwise threatening the life of the mother or seriously threatening the health of a serious and permanent impairment. If the pregnant person is unable to express his will, the written consent of their legal representative is required. In the exercise of public action and in the possible sentence under the provisions of Articles 508-510, he is given the social demands of the environment in which the act was accomplished. There is no infringement when pregnancy was interrupted by decision of two doctors in an emergency or is unable to collect the manifestation of the will of the pregnant person or of the person authorized to represent it. |
PenaltiesArticle 505: Whoever, using foods, beverages, pharmaceuticals, has purposely terminated a woman’s pregnancy, except in cases provided by law, shall be punished with imprisonment of one year to two years and a fine of twenty thousand francs to fifty thousand francs. Article 506: If the abortion was caused by violence exercised voluntarily, but without intending to produce, the culprit is punished by six months to two years imprisonment and a fine of fifty thousand to one hundred thousand francs. If the violence was committed with premeditation and with knowledge of the pregnancy status of the victim, the penalty is five to ten years of imprisonment and a fine of fifty thousand to one hundred thousand francs. Article 507 shall be punished with imprisonment from two months to one year and a fine of ten thousand to fifty thousand francs, one that prompted a pregnant woman to terminate her pregnancy. Article 508: If the culprit is in the medical profession or para-medical or are under study for graduation qualifying for the exercise of that profession, they are punished with imprisonment from two years to five years and a fine of fifty thousand to five hundred thousand francs. Article 509: If the abortion procedures caused the death of the woman, the persons mentioned in the previous article is punished by twenty years' imprisonment. Article 511: The criminal penalties provided in the preceding articles do not apply when the pregnancy was interrupted by a licensed physician, with the written consent of the pregnant person and assent of a second medical practitioner, in order to obviate a threatening not to distract and otherwise threatening the life of the mother or seriously threatening the health of a serious and permanent impairment. If the pregnant person is unable to express his will, the written consent of their legal representative is required. In the exercise of public action and in the possible sentence under the provisions of Articles 508-510, he is given the social demands of the environment in which the act was accomplished. There is no infringement when pregnancy was interrupted by decision of two doctors in an emergency or is unable to collect the manifestation of the will of the pregnant person or of the person authorized to represent it. |
PenaltiesArticle 505: Whoever, using foods, beverages, pharmaceuticals, has purposely terminated a woman’s pregnancy, except in cases provided by law, shall be punished with imprisonment of one year to two years and a fine of twenty thousand francs to fifty thousand francs. Article 506: If the abortion was caused by violence exercised voluntarily, but without intending to produce, the culprit is punished by six months to two years imprisonment and a fine of fifty thousand to one hundred thousand francs. If the violence was committed with premeditation and with knowledge of the pregnancy status of the victim, the penalty is five to ten years of imprisonment and a fine of fifty thousand to one hundred thousand francs. Article 507 shall be punished with imprisonment from two months to one year and a fine of ten thousand to fifty thousand francs, one that prompted a pregnant woman to terminate her pregnancy. Article 508: If the culprit is in the medical profession or para-medical or are under study for graduation qualifying for the exercise of that profession, they are punished with imprisonment from two years to five years and a fine of fifty thousand to five hundred thousand francs. Article 509: If the abortion procedures caused the death of the woman, the persons mentioned in the previous article is punished by twenty years' imprisonment. Article 511: The criminal penalties provided in the preceding articles do not apply when the pregnancy was interrupted by a licensed physician, with the written consent of the pregnant person and assent of a second medical practitioner, in order to obviate a threatening not to distract and otherwise threatening the life of the mother or seriously threatening the health of a serious and permanent impairment. If the pregnant person is unable to express his will, the written consent of their legal representative is required. In the exercise of public action and in the possible sentence under the provisions of Articles 508-510, he is given the social demands of the environment in which the act was accomplished. There is no infringement when pregnancy was interrupted by decision of two doctors in an emergency or is unable to collect the manifestation of the will of the pregnant person or of the person authorized to represent it. |
PenaltiesNone found |
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