Global Abortion Policies Database
A tool to expand knowledge, encourage transparency, and promote accountability.
| Country or Region | |
|---|---|
Costa Rica |
No
Read more WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
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| Country | Economic or social reasons |
Foetal impairment |
Rape |
Incest |
Intellectual or cognitive disability of the woman |
Mental health |
Physical health |
Health |
Life |
Other |
|---|---|---|---|---|---|---|---|---|---|---|
Costa Rica |
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
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WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
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WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
Additional notesWomen who have caused their own abortion may be granted a judicial pardon if the pregnancy was the result of rape. |
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
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Intellectual or cognitive disability of the womanNo Related documents: |
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
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WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
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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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
While methods of abortion may vary by gestational age, pregnancy can safely be ended regardless of gestational age. Gestational age limits are not evidence-based; they restrict when lawful abortion may be provided by any method. The Abortion Care Guideline recommends against laws and other regulations that prohibit abortion based on gestational age limits. Abortion Care Guideline § 2.2.3.
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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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
While methods of abortion may vary by gestational age, pregnancy can safely be ended regardless of gestational age. Gestational age limits are not evidence-based; they restrict when lawful abortion may be provided by any method. The Abortion Care Guideline recommends against laws and other regulations that prohibit abortion based on gestational age limits. Abortion Care Guideline § 2.2.3.
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Other
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| 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Costa Rica |
Number and cadre of health-care professional authorizations required
The General Directors of the hospital or clinic must appoint two gynaecologists and one specialist in the issue which is causing the woman to need a termination. They have three days in which to form and give their opinion. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Third-party authorization requirements are incompatible with international human rights law, which provides that States may not restrict women’s access to health services on the ground that they do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried, or because they are women. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
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Authorization in specially licensed facilities onlyNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. To establish an enabling environment, there is a need for abortion care to be integrated into the health system across all levels (including primary, secondary and tertiary) – and supported in the community – to allow for expansion of health worker roles, including self-management approaches. To ensure both access to abortion and achievement of Universal Health Coverage (UHC), abortion must be centred within primary health care (PHC), which itself is fully integrated within the health system, facilitating referral pathways for higher-level care when needed. Abortion Care Guideline § 1.4.1.
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Judicial authorization for 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. Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
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Judicial authorization in cases of rapeNot applicable WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. There shall be no procedural requirements to “prove” or “establish” satisfaction of grounds, such as requiring judicial orders or police reports in cases of rape or sexual assault (for sources to support this information). These restrictions subject the individual to unnecessary trauma, may put them at increased risk from the perpetrator, and may cause women to resort to unsafe abortion.
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Police report required in case of rapeNot applicable WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. There shall be no procedural requirements to “prove” or “establish” satisfaction of grounds, such as requiring judicial orders or police reports in cases of rape or sexual assault (for sources to support this information). These restrictions subject the individual to unnecessary trauma, may put them at increased risk from the perpetrator, and may cause women to resort to unsafe abortion.
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WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. While parental or partner involvement in abortion decision-making can support and assist women, girls or other pregnant persons, this must be based on the values and preferences of the person availing of abortion and not imposed by third-party authorization requirements. Third-party authorization requirements are incompatible with international human rights law, which provides that States may not restrict women’s access to health services on the ground that they do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried, or because they are women. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
Additional notesParental or legal guardian consent is not required, however the parent’s opinion must be taken into account in the process for obtaining consent and decision making on the best interests of the child. Related documents: |
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. Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. While parental or partner involvement in abortion decision-making can support and assist women, girls or other pregnant persons, this must be based on the values and preferences of the person availing of abortion and not imposed by third-party authorization requirements. Third-party authorization requirements are incompatible with international human rights law, which provides that States may not restrict women’s access to health services on the ground that they do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried, or because they are women. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
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Ultrasound images or listen to foetal heartbeat requiredNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The right to refuse information, including the right to refuse viewing ultrasound images, must be respected. The Abortion Care Guideline recommends against the use of ultrasound scanning as a prerequisite for providing abortion services for both medical and surgical abortion. Abortion Care Guideline § 3.3.5.
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Compulsory counsellingNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. While counselling should be made available and accessible, it should always be voluntary for women to choose whether or not they want to receive it. The right to refuse counselling when offered must be respected. Where provided, counselling must be available to individuals in a way that respects privacy and confidentiality.
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Compulsory waiting periodNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Mandatory waiting periods delay access to abortion, sometimes to the extent that women’s access to abortion or choice of abortion method is restricted. The Abortion Care Guideline recommends against mandatory waiting periods for abortion. Abortion Care Guideline § 3.3.1.
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Mandatory HIV screening testNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Regulatory, policy and programmatic barriers – as well as barriers in practice – that hinder access to and timely provision of quality abortion care should be removed. Abortion Care Guideline § Box 2.1.
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Other mandatory STI screening testsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Regulatory, policy and programmatic barriers – as well as barriers in practice – that hinder access to and timely provision of quality abortion care should be removed. Abortion Care Guideline § Box 2.1.
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Prohibition of sex-selective abortionNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. In situations where abortion is restricted for sex selection purposes, terminating a pregnancy for this reason is likely to involve an unsafe procedure carrying high risks. Any policies or guidelines on the use of technology in obstetric and fetal medicine should take into account the need to ensure women’s access to safe abortion and other services - efforts to manage or limit sex selection should also not hamper or limit access to safe abortion services. Preventing gender-biased sex selection: an interagency statement.
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List of restrictionsTrade in or advertisement of procedures, instruments, medications or substances intended to induce abortion is prohibited. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Dissemination of misinformation, withholding of information and censorship should be prohibited.
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Restrictions on methods to detect sex of the foetusNo data found. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. A woman is entitled to know the status of her pregnancy and to act on this information. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines § 4.2.1.4.
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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 |
|---|---|---|---|---|---|---|---|---|---|---|---|
Costa Rica |
National guidelines for induced abortionYes, guidelines issued by the government Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. National standards and guidelines for abortion care should be evidence based and periodically updated and should provide the necessary guidance to achieve equal access to comprehensive abortion care. Leadership should also promote evidence-based SRH services according to these standards and guidelines. Abortion Care Guideline § 1.3.3.
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Methods allowedVacuum aspirationNot specified Dilatation and evacuationNot specified Combination mifepristone-misoprostolNot specified Misoprostol onlyNot specified Other (where provided)
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Vacuum aspiration is recommended for surgical abortions at or under 14 weeks to be provided by traditional and complementary medicine professionals, nurses, midwives, associate/advanced associate clinicians, generalist medical practitioners and specialist medical practitioners.
Dilation and evacuation (D&E) is recommended for surgical abortions at or over 14 weeks to be provided by generalist medical practitioners and specialist medical practitioners. Vacuum aspiration can be used during a D&E. Abortion Care Guideline § 3.4.1.
The recommended method for medical abortion is mifepristone followed by misoprostol (regimen differs by gestational age). Abortion Care Guideline § 3.4.2.
The Abortion Care Guideline recommends the use of misoprostol alone, with a regime that differs by gestational age. Evidence demonstrates that the use of combination mifepristone plus misoprostol is more effective than misoprostol alone. Abortion Care Guideline § 3.4.2.
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Country recognized approval (mifepristone / mife-misoprostol)No Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Mifepristone and misoprostol should be listed in relevant national EMLs (NEMLs) or their equivalent and should be included in the relevant clinical care/service delivery guidelines.
Mifepristone and misoprostol should be listed in relevant national EMLs (NEMLs) or their equivalent and should be included in the relevant clinical care/service delivery guidelines.
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Country recognized approval (misoprostol)No Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Mifepristone and misoprostol should be listed in relevant national EMLs (NEMLs) or their equivalent and should be included in the relevant clinical care/service delivery guidelines.
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Where can abortion services be providedRelated documents:Primary health-care centresNot specified Secondary (district-level) health-care facilitiesYes Specialized abortion care public facilitiesNot specified Private health-care centres or clinicsNot specified NGO health-care centres or clinicsNot specified Other (if applicable)Abortion can take place in hospitals and clinics that have the infrastructure, equipment and personnel to meet the requirements set out in the official Technical Guidance. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
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No data
National guidelines for post-abortion careNo data found WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. National standards and guidelines for abortion care should be evidence based and periodically updated and should provide the necessary guidance to achieve equal access to comprehensive abortion care. Leadership should also promote evidence-based SRH services according to these standards and guidelines. Abortion Care Guideline § 1.3.3.
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Where can post abortion care services be providedPrimary health-care centresNo data found Secondary (district-level) health-care facilitiesNo data found Specialized abortion care public facilitiesNo data found Private health-care centres or clinicsNo data found NGO health-care centres or clinicsNo data found Other (if applicable)
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends the option of telemedicine as an alternative to in-person interactions with the health worker to deliver medical abortion services in whole or in part. Telemedicine services should include referrals (based on the woman’s location) for medicines (abortion and pain control medicines), any abortion care or post-abortion follow-up required (including for emergency care if needed), and for post-abortion contraceptive services. Abortion Care Guideline § 3.6.1.
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Contraception included in post-abortion careNot 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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. All contraceptive options may be considered after an abortion. For individuals undergoing surgical abortion and wishing to use contraception, Abortion Care Guideline recommends the option of initiating the contraception at the time of surgical abortion. For individuals undergoing medical abortion, for those who choose to use hormonal contraception, the Abortion Care Guideline suggests that they be given the option of starting hormonal contraception immediately after the first pill of the medical abortion regimen. For those who choose to have an IUD inserted, Abortion Care Guideline suggests IUD placement at the time that success of the abortion procedure is determined. Abortion Care Guideline § 3.5.4.
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No data
Insurance to offset end user costsNo data found Other (if applicable)
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where user fees are charged for abortion, this should be based on careful consideration of ability to pay, and fee waivers should be available for those who are facing financial hardship and adolescent abortion seekers. As far as possible, abortion services and supplies should be mandated for coverage under insurance plans as inability to pay is not an acceptable reason to deny or delay abortion care. Furthermore, having transparent procedures in all health-care facilities can ensure that informal charges are not imposed by staff. Abortion Care Guideline § 1.4.2.
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Who can provide abortion servicesRelated documents:NurseNo Midwife/nurse-midwifeNo Doctor (specialty not specified)Yes Specialist doctor, including OB/GYNYes Other (if applicable)
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends against regulation on who can provide and manage abortion that is inconsistent with WHO guidance. Abortion Care Guideline § 3.3.8.
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Extra facility/provider requirements for delivery of abortion servicesReferral linkages to a higher-level facilityNot specified Availability of a specialist doctor, including OB/GYNNot specified Minimum number of bedsNot specified Other (if applicable)Abortion can take place in hospitals and clinics that have the infrastructure, equipment and personnel to meet the requirements set out in the official Technical Guidance. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. There is no single recommended approach to providing abortion services. The choice of specific health worker(s) (from among the recommended options) or management by the individual themself, and the location of service provision (from among recommended options) will depend on the values and preferences of the woman, girl or other pregnant person, available resources, and the national and local context. A plurality of service-delivery approaches can co-exist within any given context. Given that service-delivery approaches can be diverse, it is important to ensure that for the individual seeking care, the range of service-delivery options taken together will provide access to scientifically accurate, understandable information at all stages; access to quality-assured medicines (including those for pain management); back-up referral support if desired or needed; linkages to an appropriate choice of contraceptive services for those who want post-abortion contraception. Best Practice Statement 49 on service delivery. Abortion Care Guideline § 3.6.1.
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| Country | Public sector providers |
Private sector providers |
Provider type not specified |
Neither Type of Provider Permitted |
Public facilities |
Private facilities |
Facility type not specified |
Neither Type of Facility Permitted |
|---|---|---|---|---|---|---|---|---|
Costa Rica |
Public sector providersRelated documents:Individual health-care providers who have objected are required to refer the woman to another providerNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
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Private sector providersRelated documents:Individual health-care providers who have objected are required to refer the woman to another providerNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
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Individual health-care providers who have objected are required to refer the woman to another providerNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
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Neither Type of Provider PermittedRelated documents:Individual health-care providers who have objected are required to refer the woman to another providerNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
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No data
Public facilitiesNo data found WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
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No data
Private facilitiesNo data found WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
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No data
Facility type not specifiedNo data found WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
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No data
Neither Type of Facility PermittedNo data found WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
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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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Costa Rica |
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CEDAW“The Committee expresses its concern about the inadequate recognition and protection of sexual and reproductive rights in the State party. It is concerned that women do not have access to legal abortion because of the lack of clear medical guidelines outlining when and how a legal abortion can be conducted. The Committee is also concerned about women’s difficulties in access to and availability of the safest and most technologically advanced contraceptive methods, including emergency contraception. It is further concerned at the limited assisted reproductive services available for women, including in vitro fertilization, which is banned in the State party as it was declared unconstitutional by the Supreme Court of Justice in 2000. The Committee urges the State party to: (…) (c) Elaborate clear medical guidelines on access to legal abortion and disseminate them widely among health professionals and the public at large; (d) Consider reviewing the law relating to abortion, with a view to identifying other circumstances under which abortion could be permitted, such as abortions in cases of pregnancies resulting from rape or incest;
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CESCR“The Committee is deeply concerned about the increasingly high rate of teenage pregnancies, in spite of the State party’s policies and programmes on sexual and reproductive health, as well as the fact that no exceptions are provided to the general prohibition of abortion. The Committee urges the State party to take preventive measures to address the problem of the high rate of teenage pregnancies and to provide for exceptions in its law relating to the general prohibition of abortion in cases where the mother’s life is in danger (medical indication) or where the pregnancy is the result of rape or incest.”
“The Committee is concerned about the excessively restrictive abortion laws, since abortion is permitted only when there is a serious risk to the pregnant woman’s life or health. It is further concerned that, in practice, even in the case where the law does permit abortion, access to the procedure is not ensured, owing to the lack of protocols determining when the procedure should be carried out (art. 12). [….] The Committee recommends that the State party:
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CRC“While welcoming the Health Plan for Adolescents 2010–2015, the Committee is concerned about: (…) The lack of access to legal abortions, the absence of guidelines informing doctors when they can legally perform an abortion, the high rate of unsafe abortions, and the lack of adequate post-abortion care; (…) Referring to its general comment No. 4 (2003) on adolescent health and development in the context of the Convention on the Rights of the Child, the Committee recommends that the State party: (…) (c) Adopt guidelines informing doctors when they can legally perform abortions in cases of risk to the life and health of mothers and clarifying that the health exception in article 121 of the Penal Code applies, inter alia, to pregnancies resulting from sexual violence and to those pregnancies involving a severely malformed fetus, and ensure the right of pregnant women and adolescents to appeal decisions of doctors; (d) Expand legal abortion in cases of rape and intra-family sexual violence and improve the availability and quality of post-abortion care in public hospitals; (…)”
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HRC“The Committee is concerned that abortion is permitted only when there is a serious risk to the pregnant woman’s life or health and that the law does not permit other exceptions, such as in cases of rape, incest or fatal fetal impairment. It is also concerned that, even in the sole case where the law permits abortion, the procedure is not available in practice owing to the lack of protocols determining when the procedure should be carried out, thus prompting pregnant women to seek clandestine abortions which endanger their lives and health.[….] The State party should: (a) Amend its legislation to introduce additional grounds for voluntary termination of pregnancy, such as when the pregnancy is the result of rape or incest or in cases of fatal fetal impairment, in order to ensure that legal obstacles do not lead women to resort to clandestine abortion, which endangers their lives and health; (b) Adopt without delay a protocol that ensures access to abortion when there is a risk to the mother’s life or health;”
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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 |
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Costa Rica |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesSECTION II Abortion Abortion with or without consent. ARTICLE 118.- The person who causes the death of a fetus will be sanctioned as follows: 1) With imprisonment of three to ten years, if the person acts without the consent of the woman or if she is under fifteen years. The penalty will be two to eight years, if the fetus (*) had reached six months gestation; 2) With imprisonment of one to three years, if the person acts with the consent of the woman. That penalty will be from six months to two years, if the fetus had not reached six months gestation. In the previous cases, the respective penalty will be increased, if the act results in the death of the woman. Abortion sought. ARTICLE 119.- The woman who consents or causes her own abortion shall be sanctioned with imprisonment of one to three years. That penalty will be from six months to two years, if the fetus had not reached six months gestation. Abortion honoris causa. ARTICLE 120.- If the abortion has been committed to conceal the dishonor of the woman, either by herself or by third parties with the consent of the woman, the penalty will be three months to two years in prison. Unpunished abortion. ARTICLE 121.- Abortion is not punishable if practiced with the consent of the woman by a doctor or by an authorized obstetrician, when the intervention of the first has not been possible, if it has been done in order to avoid a danger to the life or the health of the mother, and this cannot have been avoided by other means. Miscarriage ARTICLE 122.- The person who by fault will cause an abortion will be punished with sixty to one hundred and twenty days fine. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. WHO Abortion Care Guideline, p 62.
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PenaltiesSECTION II Abortion Abortion with or without consent. ARTICLE 118.- The person who causes the death of a fetus will be sanctioned as follows: 1) With imprisonment of three to ten years, if the person acts without the consent of the woman or if she is under fifteen years. The penalty will be two to eight years, if the fetus (*) had reached six months gestation; 2) With imprisonment of one to three years, if the person acts with the consent of the woman. That penalty will be from six months to two years, if the fetus had not reached six months gestation. In the previous cases, the respective penalty will be increased, if the act results in the death of the woman. Abortion sought. ARTICLE 119.- The woman who consents or causes her own abortion shall be sanctioned with imprisonment of one to three years. That penalty will be from six months to two years, if the fetus had not reached six months gestation. Abortion honoris causa. ARTICLE 120.- If the abortion has been committed to conceal the dishonor of the woman, either by herself or by third parties with the consent of the woman, the penalty will be three months to two years in prison. Unpunished abortion. ARTICLE 121.- Abortion is not punishable if practiced with the consent of the woman by a doctor or by an authorized obstetrician, when the intervention of the first has not been possible, if it has been done in order to avoid a danger to the life or the health of the mother, and this cannot have been avoided by other means. Miscarriage ARTICLE 122.- The person who by fault will cause an abortion will be punished with sixty to one hundred and twenty days fine. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. WHO Abortion Care Guideline, p 62.
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PenaltiesSECTION II Abortion Abortion with or without consent. ARTICLE 118.- The person who causes the death of a fetus will be sanctioned as follows: 1) With imprisonment of three to ten years, if the person acts without the consent of the woman or if she is under fifteen years. The penalty will be two to eight years, if the fetus (*) had reached six months gestation; 2) With imprisonment of one to three years, if the person acts with the consent of the woman. That penalty will be from six months to two years, if the fetus had not reached six months gestation. In the previous cases, the respective penalty will be increased, if the act results in the death of the woman. Abortion sought. ARTICLE 119.- The woman who consents or causes her own abortion shall be sanctioned with imprisonment of one to three years. That penalty will be from six months to two years, if the fetus had not reached six months gestation. Abortion honoris causa. ARTICLE 120.- If the abortion has been committed to conceal the dishonor of the woman, either by herself or by third parties with the consent of the woman, the penalty will be three months to two years in prison. Unpunished abortion. ARTICLE 121.- Abortion is not punishable if practiced with the consent of the woman by a doctor or by an authorized obstetrician, when the intervention of the first has not been possible, if it has been done in order to avoid a danger to the life or the health of the mother, and this cannot have been avoided by other means. Miscarriage ARTICLE 122.- The person who by fault will cause an abortion will be punished with sixty to one hundred and twenty days fine. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. WHO Abortion Care Guideline, p 62.
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PenaltiesARTICLE 93.- The judicial pardon that can be granted the judges to the condemned to extinguish or reduce the sentence, having previously the assessment that the Institute of Criminology provides on personality, in the following cases: (…) 4) Whoever has caused an abortion to save her own honor or has obtained it for that purpose for an ascendant or direct descendant or sister; 5) The woman who caused her own abortion if the pregnancy was the result of rape; |
PenaltiesARTICLE 118.- The person who causes the death of a fetus will be sanctioned as follows: 1) With imprisonment of three to ten years, if the person acts without the consent of the woman or if she is under fifteen years. The penalty will be two to eight years, if the fetus (*) had reached six months gestation; WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. WHO Abortion Care Guideline, p 62.
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