Global Abortion Policies Database
A tool to expand knowledge, encourage transparency, and promote accountability.
| Country or Region | |
|---|---|
Colombia |
No
Read more On requestNo 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 |
|---|---|---|---|---|---|---|---|---|---|---|
Colombia |
Economic or social reasonsNo 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 impairmentNo 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 when there is serious malformation of the fetus that makes its life unfeasible. |
RapeYes Gestational limit appliesNo 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 Gestational limit appliesNo 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 womanNo |
Mental healthYes Gestational limit appliesNo 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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Physical healthYes Gestational limit appliesNo 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 Gestational limit appliesNo 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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LifeYes Gestational limit appliesNo 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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OtherThe pregnancy is the result of a criminal act of unwanted artificial insemination or unwanted implantation of a fertilized ovum. When there is serious malformation of the fetus that makes its life unfeasible. Gestational limit appliesNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. 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 decision to perform the legal abortion, should be taken in each case with a weight of: (i) the grounds in question, (ii) medical criteria supported in particular physical and mental condition pregnant women and, in any case, (iii) the desire of it. And like all medical intervention should be preceded by an appropriate informed consent to perform the procedure and its risks and benefits. (Judicial decision, source 6). Judges lack the competence to define the gestational age, and they cannot deny access to a legal abortion based on this point (Judicial decision, source 9).
Although it is not referenced in the source list of the questionnaire, this judgment T-532 set down by the Colombian Constitutional Court in 2014, requires that the legislature take steps to develop a legal framework that guarantees women and girls rights to access safe and legal abortion services in accordance with the decision C355 of 2006. The decision can be accessed: http://www.corteconstitucional.gov.co/relatoria/2014/t-532-14.htm 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Colombia |
Authorization of health professional(s)Yes Number and cadre of health-care professional authorizations required
The setting up of Commissions and boards to decide on access to legal and safe abortion is prohibited, as it is considered an unacceptable obstacle which could delay a woman or girl’s access to safe abortion services to which they are entitled by law. Although a health professional has to "certify" the indication (e.g. health risk) the woman is the one entitled to decide whether to continue or terminate the pregnancy (Judicial decision source 10). Health institutions or any other actor or professional cannot decide for the woman about the continuation or interruption of the pregnancy (Source 3, Instruction 5).
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 notesAlthough a health professional has to "certify" the indication (e.g. health risk) the woman is the one entitled to decide whether to continue or terminate the pregnancy. ("Solamente ella es la que tiene la decisión para continuar o interrumpir un embarazo cuando represente riesgo para su vida o su salud certificado por un médico") (Judicial decision source 10) |
Authorization in specially licensed facilities onlyNo Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Restrictions on the range of providers or facilities that are authorized to provide abortion reduce the availability of services and their equitable geographic distribution. Safe Abortion Guidelines, § 4.2.2.4.
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Judicial authorization for 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. Safe Abortion Guidelines, § 4.2.2.
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Judicial authorization in cases of rapeNo Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Police report required in case of rapeYes Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
Additional notesWhen the woman is under 14 years old, the police report is not required. Related documents: |
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 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 counsellingNo 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 periodNo 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.
Additional notesHealth care institutions must respond to an abortion request and carry out the requested abortion within five days if medically possible. Related documents: |
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.
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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.
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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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Restrictions on information provided to the publicNo 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.
Additional notes“When a public official makes public pronouncements on sexual and reproductive health issues such as voluntary termination of pregnancy, he should not issue erroneous or unfounded information as this violates the right to reproductive information.” |
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 |
|---|---|---|---|---|---|---|---|---|---|---|---|
Colombia |
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.
Additional notesThere is a legal obligation on all Health Service Providers, Benefit Plans Managers, public or private, of a secular or confessional nature and the Territorial Entities, to follow the rules set by the Constitutional Court. (Instruction 15) |
Methods allowedVacuum aspirationYes (15 WEEKS) Dilatation and evacuationYes (Suggested for more than 15 WEEKS) Combination mifepristone-misoprostolThe 2014 Technical guidelines on comprehensive care for voluntary interruption of pregnancy at the first level refer to combination mifepristone and misoprostol but explain that Mifepristone is not yet available in Colombia. Misoprostol onlyYes (10 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)Yes 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 Misoprostol allowed to be sold or distributed by pharmacies or drug storesYes, with prescription only 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 centresYes Secondary (district-level) health-care facilitiesYes Specialized abortion care public facilitiesYes Private health-care centres or clinicsYes NGO health-care centres or clinicsYes Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion services should be available at primary-care level, with referral systems in place for all required higher-level care. Safe Abortion Guidelines, Executive Summary, Box 6- Recommendation.
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National guidelines for post-abortion careYes, guidelines issued by the government Related documents:
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
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Where can post abortion care services be providedPrimary health-care centresYes The Technical Guidelines on comprehensive abortion care outline a number of specific requirements concerning infrastructure and equipment. Secondary (district-level) health-care facilitiesYes Specialized abortion care public facilitiesYes Private health-care centres or clinicsYes NGO health-care centres or clinicsYes 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 Related documents:
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. All women should receive contraceptive information and be offered counselling for and methods of post-abortion contraception, including emergency contraception, before leaving the health-care facility. Safe Abortion Guidelines, § 2.3.
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Insurance to offset end user costsYes Induced abortion for all womenNo data found Induced abortion for poor women onlyNo data found Abortion complicationsYes It is prohibited to deny women a legal abortion due to the type of social security or health coverage they are affiliated with. Private health coverageYes It is prohibited to deny women a legal abortion due to the type of social security or health coverage they are affiliated with. Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Financing of abortion services should take into account costs to the health system while ensuring that services are affordable and readily available to all women who need them. Safe Abortion Guidelines, Executive Summary, Box 6 - Recommendation. Abortion services should be mandated for coverage under insurance plans; women should never be denied or delayed because of the inability to pay. Safe Abortion Guidelines, § 3.6.2.
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Who can provide abortion servicesRelated documents:
NurseNo Midwife/nurse-midwifeNo Doctor (specialty not specified)Yes Some guidelines specify that a general practitioner (médico generalista) can perform abortions up to 15 weeks of gestation when he/she is trained. Specialist doctor, including OB/GYNYes 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 facilityYes Availability of a specialist doctor, including OB/GYNYes Minimum number of bedsYes Other (if applicable)Minimum requirements for health service providers and for the provision of gynaecological health services, including periodic professional clinical and human rights training. 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 |
|---|---|---|---|---|---|---|---|---|
Colombia |
Public sector providersIndividual health-care providers who have objected are required to refer the woman to another providerYes Health care institutions must respond to an abortion request and carry out the requested abortion within five days if medically possible. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
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Private sector providersIndividual health-care providers who have objected are required to refer the woman to another providerYes Health care institutions must respond to an abortion request and carry out the requested abortion within five days if medically possible. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
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Provider type not specifiedYes Individual health-care providers who have objected are required to refer the woman to another providerYes Health care institutions must respond to an abortion request and carry out the requested abortion within five days if medically possible. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
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Neither Type of Provider PermittedIndividual health-care providers who have objected are required to refer the woman to another providerYes Health care institutions must respond to an abortion request and carry out the requested abortion within five days if medically possible. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
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Public facilitiesNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Private facilitiesNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Facility type not specifiedNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Neither Type of Facility PermittedYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Concluding Observations issued by respective treaty bodies and selected extracts related to abortion.
| Country | CAT |
CEDAW |
CERD |
CESCR |
CRC |
CRPD |
HRC |
IE HAIT |
SR HEALTH |
SR TORTURE |
SR VAW |
WG-DWLP |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Colombia |
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CEDAW“While noting the steps taken by the State party to enhance women’s health, including sexual and reproductive health, such as the establishment of the Sexual and Reproductive Health Policy and decision C-355 of May 2006 of the Constitutional Court, which decriminalized abortion in cases where the pregnancy represents a risk to the life or health of the mother, in cases of serious malformation of the foetus or in cases of rape, the Committee expresses its concern about the high rate of maternal mortality, especially among poor, rural and indigenous and afrodescendent women. The Committee is particularly concerned at the high number of illegal and unsafe abortions and related maternal mortality. It is also concerned that, in practice, women may not have access to legal abortion services, or to guaranteed care for the management of complications arising from illegal and unsafe abortions. The Committee encourages the State party to continue its efforts to enhance women’s access to health care, in particular to sexual and reproductive health services, in accordance with article 12 of the Convention and the Committee’s general recommendation 24 on women and health. It requests the State party to strengthen measures aimed at the prevention of unwanted pregnancies, including by increasing knowledge and awareness about, as well as access to, a range of contraceptives, family planning services for women and girls, and to take measures to ensure that women do not seek unsafe medical procedures, such as illegal abortion, because of lack, or inaccessibility, of appropriate family planning and contraceptive services. The Committee recommends that the State party give priority attention to the situation of adolescents and rural, indigenous and afrodescendent women, and that it provide appropriate sex education with special attention to the prevention of pregnancies and sexually transmitted diseases, including as part of the regular education curriculum. It urges the State party to ensure that women seeking legal abortions have access to them, including by clarifying the responsibilities of public health service providers. The Committee recommends that the State party take steps to ensure that the regulatory framework and guidelines in place governing access to quality services for the provision of legal abortion services, and for the management of complications arising from illegal and unsafe abortions are applied in practice and that medical and health-care professionals receive adequate training and sensitization on their obligations, so as to reduce women’s maternal mortality rates.”
“The Committee expresses its concern at: (a) The very limited implementation of Constitutional Court ruling C-355 (2006), which guarantees access to legal abortion under the grounds of life or health risks for the mother, rape and serious malformations of the foetus; the public campaigning against its implementation by high authorities of the State party; and the prevalence of invasive and expensive abortion procedures; (b) The high number of unsafe abortions and the refusal by health professionals to provide post-abortion services to women; (c) The high prevalence of teenage pregnancy; (d) The high rate of childbearing women who use sterilization as a family planning method; (d) Cases of forced sterilization of women with disabilities and those living with HIV/AIDS.The Committee recommends that the State party: (a) Guarantee women’s access to legal abortion by ensuring compliance with Constitutional Court ruling C- 355 (2006), developing monitoring and accountability mechanisms, including sanctions, sensitizing the relevant authorities and professionals on health and sexual and reproductive rights; and expanding the availability of medically safe modern abortion methods; (b) Ensure the provision of post-abortion health-care services for women who have undergone an unsafe abortion; (…)”
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CESCR“The Committee also welcomes the enactments by the State party of: (…) Decision No. C-355/06 decriminalizing abortion by declaring article 122 of Act No. 599 of 2000 (Penal Code) constitutional.”
“Abortion is still a criminal offence in Colombia, punishable by from one to three years’ imprisonment for both the woman seeking the abortion and the practitioner who performs it. The law provides for no exceptions, even in instances of rape, to save the life of the mother, or to avoid serious and permanent damage to her health. Abortion is the second cause of maternal mortality in Colombia according to Servicio Colombiano de Comunicación and Profamilia. The criminalization of abortion has a discriminatory effect on impoverished women: while women of higher socio-economic classes are able to obtain safe, though illegal, abortions, women with lower incomes are forced to seek dangerous backroom abortions. In addition, poor women are at a higher risk of pregnancy as a result of inadequate access to sex education and contraceptives. Although the social security system commits the Government to creating special informational programmes on reproductive health and family planning in less developed areas of the country, according to the information received from NGOs, these programmes were suspended in 1997. Observers point out that in abortion cases, opinions of the court are often coloured by Catholic religious arguments and cannot be said to be impartial.6 (….)Forced abortion is also common in armed groups. If a woman wants to keep the child, she must escape. the Special Rapporteur heard that many women have died trying to escape and protect their unborn child, as camps can be 15 to 20 days walk from a settlement where they can seek assistance. (....)The Special Rapporteur calls on the State to comply with the recommendations made by the Committee on the Elimination of All Forms of Discrimination against Women, inter alia that the criminal statute regulating abortion should be reviewed and adjusted to meet the standards set forth in the Convention on the Elimination of All Forms of Discrimination against Women.”
“The Committee is deeply concerned about the current low status of women’s sexual and reproductive health rights and in particular about the increased incidence of illegal abortions. The Committee is also concerned about the high infant and child mortality, especially in the rural areas.The Committee requests the State party in its next periodic report to provide detailed information based on comparative data about the problem of abortion in Colombia and the measures, legislative or otherwise, including the review of its present legislation, it has undertaken to protect women from clandestine and unsafe abortion. The Committee recommends that the State party implement vigorously its National Sexual and Reproductive Health Programme.”
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CRC“The Committee notes the development of a national strategy for the prevention of adolescent pregnancies. It remains, nevertheless, concerned about: (a) The very high rate of adolescent pregnancies, in particular in rural areas, including among girls under 15 years of age; (b) The high rate of maternal mortality among adolescents as a result of inadequate access to sexual and reproductive services; (c) Reports of many obstacles to, or unjustified denials of access to, legal abortion services and of the refusal of the authorities and medical staff to comply with the related decisions of the Constitutional Court. In the light of its general comment No. 4 (2003) on adolescent health, the Committee recommends that the State party: (a) Intensify its efforts to reduce teenage pregnancies by promptly adopting and adequately implementing the national strategy on the prevention of adolescent pregnancies; (b) Enhance its efforts to reduce teenage maternal mortality by ensuring adequate sexual and reproductive health services, including emergency contraception, antenatal, delivery, postnatal and safe abortion and post-abortion services, and a monitoring mechanism. The State party is encouraged to consider the OHCHR technical guidance on the application of a human rights-based approach to the implementation of policies and programmes to reduce preventable maternal morbidity and mortality (A/HRC/21/22); (c) Ensure that girls have access to legal abortion in accordance with ruling C-355 of the Constitutional Court, including by devising a monitoring mechanism on compliance with the ruling, ensuring that the views of the child are always heard and respected in abortion decisions, providing effective access to justice for girls who are denied those services, and ensuring that those responsible are sanctioned; (d) Raise awareness among the authorities, medical staff, parents, teachers, religious leaders and the public on sexual and reproductive health and rights (..) Follow-up to the committee’s previous concluding observations and recommendations on the optional protocol on children in armed conflict while noting the measures taken to protect children from the armed conflict, the committee (....) is particularly concerned about: (c) Girls recruited being subjected to serious sexual violence in a repeated and systematic manner, including rape, sexual slavery and exploitation, forced pregnancy and abortion, and the passing on of sexually transmitted diseases;(...)”
“The Committee notes with appreciation: (…) Decisions of the Constitutional Court on the responsibility to attend to the displaced population (T-025 of 2004) and the partial decriminalization of abortion (C‑355 of 2006); (…) The Committee takes note of the ruling by the Constitutional Court on 10 May 2006 to liberalize the criminalization of abortion in certain cases, which is likely to lower the maternal mortality rates among adolescent girls. Nevertheless, the Committee is seriously concerned over the high and increasing rate of teenage pregnancies and at the lack of adequate and accessible sexual and reproductive health services, also due to inadequate allocation of resources in these sectors. In addition to causing risks to physical and mental health, the incidence of adolescent pregnancies also limits the personal development of the individual, has a detrimental affect on young women’s ability to sustain themselves financially and creates a poverty trap with overall negative effects for society. Furthermore, the Committee is concerned over the rate of adolescent suicides. The Committee recommends that the State party promote and ensure access to reproductive health services for all adolescents, including sex and reproductive health education in schools as well as youth-sensitive and confidential counselling and health-care services, taking into due account the Committee’s general comment No. 4 on adolescent health and development in the context of the Convention (CRC/GC/2003/4). Given the ruling of the Constitutional Court on 11 May 2006 to allow abortions in certain cases, the Committee encourages the State party to ensure that safe medical facilities are available for such instances. Furthermore, the Committee recommends that an appropriate strategy dedicate adequate resources to awareness-raising, counselling services and other measures in order to prevent adolescent suicides.”
“The Committee is also concerned about the high maternal mortality and teenage pregnancy rates, as well as about insufficient access by teenagers to reproductive health education and counselling services. In this connection, concern is expressed that the practice of abortion is considered the leading cause of maternal mortality (see the concern expressed by the Committee on the Elimination of Discrimination against Women (CEDAW): A/54/38, para. 393). The increasing rates of substance abuse and of HIV/AIDS among children and adolescents and the constant discrimination they are exposed to are also matters of concern.”
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HRC“The Committee congratulates the State party on its progress in implementing the earlier recommendation made by the Committee in 2004 (CCPR/CO/80/COL, para. 13) through Constitutional Court ruling C-355 of 2006, which decriminalizes abortion in certain circumstances: when the woman is a victim of rape or incest, when pregnancy poses a serious risk to her life or health, and when the foetus displays signs of serious malformations that make its life outside the womb unviable. However, the Committee is concerned that, despite Ministry of Health Decree No. 4444 of 2006, health-service providers refuse to perform legal abortions and that the Procurator-General does not support enforcement of the relevant Constitutional Court ruling. The Committee is likewise concerned that insufficient sex education in the school curriculum and public information on how to gain access to a legal abortion continues to cause loss of life among women who have resorted to unsafe abortions (arts. 3, 6 and 26). The State party must ensure that health providers and medical professionals act in conformity with the ruling of the Court and do not refuse to perform legal abortions. Further, the State party should take steps to help women to avoid unwanted pregnancies so that they do not have to resort to illegal or unsafe abortions that may put their lives at risk. The State party should facilitate access to public information on access to legal abortions.”
"Si bien toma nota de las medidas adoptadas por el Ministerio de Salud para garantizar el acceso al aborto en los casos en los que se presente algunas de las circunstancias previstas en la sentencia C-355 de 2006 de la Corte Constitucional, al Comité le preocupan los informes sobre los obstáculos a los que se habrían enfrentado algunas mujeres en la práctica para acceder al aborto legal, incluyendo la invocación de la objeción de conciencia por el personal de salud sin remisiones apropiadas y su falta de capacitación adecuada. Al respecto, le preocupan también los informes sobre numerosos casos de abortos que se habrían llevado adelante de manera clandestina en condiciones inseguras poniendo en riesgo la vida y salud de las mujeres. Asimismo, le preocupa la información sobre las altas tasas de embarazo adolescente (arts. 3, 6, 7 y 17).
“The Committee notes with concern that the existence of legislation criminalizing all abortions under the law can lead to situations in which women are obliged to undergo high-risk clandestine abortions. It is especially concerned that women who have been victims of rape or incest or whose lives are in danger as a result of their pregnancy may be prosecuted for resorting to such measures (art. 6). The State party should ensure that the legislation applicable to abortion is revised so that no criminal offences are involved in the cases described above.”
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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 |
|---|---|---|---|---|---|---|
Colombia |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesArticle 122. Abortion. A woman who causes her own abortion or permits another person performing it will be punished with imprisonment from sixteen (16) to fifty-four (54) months. This same sanction will be applied to the person who, with the consent of the woman, carries out the action noted in the prior sentence. Article 123. Abortion without consent. If a person who causes an abortion without the consent of the woman will be punished with imprisonment from sixty-four (64) to one-hundred-eighty (180) moths. Article 124. Mitigating circumstances. The punishment indicated for the crime of abortion will be lowered by three fourths were the pregnancy is the result of a conduct constituting abusive, or non-consensual carnal or sexual access, or non-consensual artificial insemination or transfer of a fertilized ovum. Paragraph: In the events of the prior paragraph [article 124], when the abortion is carried out in extraordinary situations of abnormal motivation, the judicial officer may forego the punishment when it is unnecessary in the concrete case at hand. 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 122. Abortion. A woman who causes her own abortion or permits another person performing it will be punished with imprisonment from sixteen (16) to fifty-four (54) months. This same sanction will be applied to the person who, with the consent of the woman, carries out the action noted in the prior sentence. Article 123. Abortion without consent. If a person who causes an abortion without the consent of the woman will be punished with imprisonment from sixty-four (64) to one-hundred-eighty (180) moths. Article 124. Mitigating circumstances. The punishment indicated for the crime of abortion will be lowered by three fourths were the pregnancy is the result of a conduct constituting abusive, or non-consensual carnal or sexual access, or non-consensual artificial insemination or transfer of a fertilized ovum. Paragraph: In the events of the prior paragraph [article 124], when the abortion is carried out in extraordinary situations of abnormal motivation, the judicial officer may forego the punishment when it is unnecessary in the concrete case at hand. 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 122. Abortion. A woman who causes her own abortion or permits another person performing it will be punished with imprisonment from sixteen (16) to fifty-four (54) months. This same sanction will be applied to the person who, with the consent of the woman, carries out the action noted in the prior sentence. Article 123. Abortion without consent. If a person who causes an abortion without the consent of the woman will be punished with imprisonment from sixty-four (64) to one-hundred-eighty (180) moths. Article 124. Mitigating circumstances. The punishment indicated for the crime of abortion will be lowered by three fourths were the pregnancy is the result of a conduct constituting abusive, or non-consensual carnal or sexual access, or non-consensual artificial insemination or transfer of a fertilized ovum. Paragraph: In the events of the prior paragraph [article 124], when the abortion is carried out in extraordinary situations of abnormal motivation, the judicial officer may forego the punishment when it is unnecessary in the concrete case at hand. 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 124. Mitigating circumstances. The punishment indicated for the crime of abortion will be lowered by three fourths were the pregnancy is the result of a conduct constituting abusive, or non-consensual carnal or sexual access, or non-consensual artificial insemination or transfer of a fertilized ovum. Paragraph: In the events of the prior paragraph [article 124], when the abortion is carried out in extraordinary situations of abnormal motivation, the judicial officer may forego the punishment when it is unnecessary in the concrete case at hand. |
PenaltiesArticle 123. Abortion without consent. If a person who causes an abortion without the consent of the woman will be punished with imprisonment from sixty-four (64) to one-hundred-eighty (180) moths. 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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