Global Abortion Policies Database
A tool to expand knowledge, encourage transparency, and promote accountability.
| Country or Region | |
|---|---|
Democratic Republic of Congo |
No
Read more 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 |
|---|---|---|---|---|---|---|---|---|---|---|
Democratic Republic of Congo |
Economic or social reasonsNo Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.5.
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Foetal impairmentYes 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.
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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RapeYes 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 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 Related documents: |
Mental healthYes 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 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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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.
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LifeYes 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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OtherSexual assault Additional notesNo gestational limit specified. |
| 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Democratic Republic of Congo |
Number and cadre of health-care professional authorizations required
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by hospital authorities may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
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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 and recommendations were extracted from WHO guidance on safe abortion. Restrictions on the range of providers or facilities that are authorized to provide abortion reduce the availability of services and their equitable geographic distribution. Safe Abortion Guidelines, § 4.2.2.4.
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Judicial authorization for minorsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. 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 rapeNot 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. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Police report required in case of rapeNot 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. 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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Can another adult consent in place of a parent?Yes The Medical Ethics Rules state: "Called urgently to a minor or other incapacitated person, and when he cannot obtain the consent of the legal representative in good time, the physician must immediately use all his knowledge and all the means at his disposal to end the threat." Age where consent not neededNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by parents may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
Additional notesThe Medical Ethics Rules state: "[c]alled urgently to a minor or other incapacitated person, and when he cannot obtain the consent of the legal representative in good time, the physician must immediately use all his knowledge and all the means at his disposal to end the threat." |
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 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.
Additional notesThe Article 84 of the Public Health Law suggests that spouses have the right to discuss freely and with discernment the number of their children, the spacing of their births and to have the necessary information to do so. In case of disagreement, the will of the woman takes precedence. However, the article does not make any explicit reference to abortion. Related documents: |
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 and recommendations were extracted from WHO guidance on safe abortion. Regulatory, policy and programmatic barriers, one example of which is the requirement for mandatory ultrasound prior to abortion, that hinder access to and timely provision of safe abortion care should be removed. Safe Abortion Guidelines, Executive Summary, Box 7 - Recommendation.
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Compulsory counsellingNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Many women have made a decision to have an abortion before seeking care, and this decision should be respected without subjecting a woman to mandatory counselling. Provision of counselling to women who desire it should be voluntary, confidential, non-directive and by a trained person. Safe Abortion Guidelines, § 2.1.8.1.
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Compulsory waiting periodNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should consider eliminating waiting periods that are not medically required, and expanding services to serve all eligible women promptly. Safe Abortion Guidelines, § 4.2.2.6.
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Mandatory HIV screening testNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
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Other mandatory STI screening testsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents: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. Related documents: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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List of restrictionsAny person who, through the exhibition, sale or distribution of writings, whether printed or not, or by any other means of publicity, advocates the use of any means of aborting a woman, To procure them, or to make use of them, or have made known, with a view to recommending them, the persons who apply them; Any person who has exhibited, sold, distributed, manufactured or caused to be manufactured, has imported, caused to be transported, handed over to a transport or distribution agent, advertised by any means of advertising, any drugs or devices specifically intended to abort a woman or advertised As such; Any person who has exhibited or distributed articles specially designed to prevent the design and shall have promoted the sale; Any person who, for the purpose of lucre, has favored the passions of others by exhibiting, selling or distributing printed or non-printed materials which disclose means of preventing design, and advocating the use or providing indications as to how To procure or use them; Any person who, for the purpose of trade or distribution, has manufactured, caused to be imported, caused to be transported, handed over to a transport or distribution agent, or advertised by any means of publicity, the writings referred to in the preceding paragraph shall be Punishable by a penal servitude of eight days to a year and a fine of twenty-five to one thousand zaires, or of one of these penalties only. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should refrain from limiting access to means of maintaining sexual and reproductive health, including censoring, withholding or intentionally misrepresenting health-related information. Safe Abortion Guidelines, § 4.2.2.7.
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No data
Restrictions on methods to detect sex of the foetusNo data found 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|
Democratic Republic of Congo |
No data
National guidelines for induced abortionNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
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Methods allowedVacuum aspirationNo data found Dilatation and evacuationNo data found Combination mifepristone-misoprostolNo data found Misoprostol onlyNo data found Other (where provided)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Vacuum aspiration is the recommended technique of surgical abortion for pregnancies of up to 12 to 14 weeks of gestation. The procedure should not be routinely completed by dilatation and sharp curettage (D&C). Safe Abortion Guidelines, Executive Summary, Box 1- Recommendation.
Dilatation and evacuation (D&E) and medical methods (mifepristone and misoprostol; misoprostol alone) are both recommended methods for abortion for gestations over 12 to 14 weeks. Safe Abortion Guidelines, Executive Summary, Box 3- Recommendation.
The recommended method for medical abortion is mifepristone followed by misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
Where mifepristone is not available, the recommended method for medical abortion is misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
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Country recognized approval (mifepristone / mife-misoprostol)Yes Related documents:Pharmacy selling or distributionNo Must be dispensed by a healthcare facility. Requirement for prescription not specified. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
Chemists/pharmacists can help women avoid unintended pregnancy through provision of accurate contraceptive information, pregnancy tests, contraceptive methods and referral to safe abortion services. Safe Abortion Guidelines, § 3.3.1.1.
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Country recognized approval (misoprostol)Yes, for gynaecological indications Related documents:Misoprostol allowed to be sold or distributed by pharmacies or drug storesNo Must be dispensed by a healthcare facility. Requirement for prescription not specified. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
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Where can abortion services be providedRelated documents:Primary health-care centresNot specified Secondary (district-level) health-care facilitiesNot specified Specialized abortion care public facilitiesNot specified Private health-care centres or clinicsNot specified NGO health-care centres or clinicsNot specified 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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No data
National guidelines for post-abortion careNo data found 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 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 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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No data
Contraception included in post-abortion careNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. All women should receive contraceptive information and be offered counselling for and methods of post-abortion contraception, including emergency contraception, before leaving the health-care facility. Safe Abortion Guidelines, § 2.3.
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No data
Insurance to offset end user costsNo data found 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:NurseNot specified Midwife/nurse-midwifeNot specified Doctor (specialty not specified)Not specified Specialist doctor, including OB/GYNNot specified WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Subject to gestational age and method, abortion care can be safely provided by any properly trained health-care provider, including specialist doctors, non-specialist doctors; associate and advanced associate clinicians; midwives; and nurses. Health Worker Roles in Safe Abortion Care, p 33- Recommendation.
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Extra facility/provider requirements for delivery of abortion servicesReferral linkages to a higher-level facilityNot specified Availability of a specialist doctor, including OB/GYNNot specified Minimum number of bedsNot specified Other (if applicable)WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion facilities within both the public and private sectors should be available at all levels of the health system, with appropriate referral mechanisms between facilities. Safe Abortion Guidelines, § 3.3.1.
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| Country | Public sector providers |
Private sector providers |
Provider type not specified |
Neither Type of Provider Permitted |
Public facilities |
Private facilities |
Facility type not specified |
Neither Type of Facility Permitted |
|---|---|---|---|---|---|---|---|---|
Democratic Republic of Congo |
Public sector providersRelated documents: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 providersRelated documents: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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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 PermittedRelated documents: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 facilitiesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The 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 facilitiesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The 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 specifiedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The 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 PermittedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Democratic Republic of Congo |
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CEDAW“The Committee is concerned about the absence of legal provisions that criminalize trafficking in persons and of measures to identify and protect women who are victims. It is also concerned about the economic situation of women who seek to work abroad and fall prey to trafficking networks, given the restrictions on leaving the territory of the State party, which increases the risk they will be subjected to forced marriage, that their children will be stateless and that they will be exploited in forced labour and prostitution. The Committee is further concerned that, upon repatriation, women who are victims of trafficking are reportedly sent to labour training camps or prisons, on the charge of “illegal border crossing”, and may be exposed to further violations of their human rights, including sexual violence by security officials and forced abortions. The Committee recommends that the State party: (…) (c) Ensure that repatriated women who are victims of trafficking receive appropriate support and are not punished or sent to labour camps or prisons and that pregnant women are not subjected to forced abortions; (…)”
“The Committee recommends that the State party intensify its efforts to take measures to improve women’s access to a wide range of health-care services, especially to emergency obstetric care and health-related services, and to information, in accordance with article 12 of the Convention and the Committee’s general recommendation 24, on women and health, with targets for the reduction of the maternal mortality rate. It calls upon the State party to improve the availability of sexual and reproductive health services, including family planning, also with the aim of preventing early pregnancies and clandestine abortions. It encourages the State party to enhance such services, especially for rural women. The Committee further urges the State party to study the behavioural patterns of communities, and of women in particular that inhibit their utilization of existing services and to take appropriate action. The Committee requests the State party to provide, in its next report, detailed statistical and analytical information on the results of measures taken to improve women ’ s access to health-related services and information, including in regard to sexual and reproductive health and family planning, and the impact of these measures.(....)”
“While welcoming the adoption of the action plan on reproductive health, gender and population (2008-2012) and Act No. 08/011 of 14 July 2008 on the protection of the rights of persons living with HIV/AIDS and affected persons, the Committee remains concerned about: (…) The criminalization of abortion, accompanied by the application of severe penalties for abortion, despite the large number of unwanted pregnancies resulting from rape; In line with its general recommendation No. 24 (1999), on women and health, the Committee calls on the State party: (…) To remove punitive legislative provisions imposed on women who undergo abortion, in line with general recommendation No. 24 (1999), in particular when pregnancy is harmful to the mother’s life and health and in instances of incest and rape, and more particularly in cases of rape perpetrated in the context of the conflict;”
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CRC“While welcoming the important role played by the Korean Association of Family Planning and Maternal and Child Health, and that the National Coordinating Committee for the Implementation of the Convention on the Rights of the Child (NCRC) has included family planning in the Strategy for the Promotion of Reproductive Health as one of the priority issues, the Committee is concerned that unmarried adolescent girls may not have sufficient and confidential access to reproductive health services and information. The Committee is particularly concerned about the information that adolescent girls may resort to unsafe abortions. […] The Committee recommends that the State party Strengthen measures to promote access to reproductive health services for all adolescents in all parts of the country, 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 (2003) on adolescent health and development in the context of the Convention.”
“While noting that health services are free and cover all areas of the country, the Committee is concerned about increasing infant and child mortality rates, high rates of malnutrition and stunting in children, alarming increases in maternal mortality rates and due to the high rate of voluntary termination of pregnancy. It is also very concerned that, despite the competence of doctors and other medical or paramedical staff, hospitals and clinics acutely suffer from shortages of basic medicine and medical instruments. The Committee is also seriously concerned that access to clean drinking water is rare in the country, sanitation conditions are poor, and that human excrements are sometimes used as fertilizers.”
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HRC"The Committee notes: (a) Ordinance No. 70-158 of 30 April 1970 specifying the rules of medical ethics under which pregnancy may be terminated in order to protect the woman’s life; and (b) the delegation’s statement that judges may authorize the voluntary termination of pregnancy in cases of rape, although access to judges in order to obtain such authorization is difficult in some parts of the country. However, the Committee remains concerned about articles 165 and 166 of the Criminal Code, which criminalize the voluntary termination of pregnancy, leading women and girls to resort to unsafe abortion in conditions that put their lives and health at risk. The Committee is also concerned about the delegation’s statement that little concrete action is taken to protect the rights of women and girls who resort to unsafe abortion (arts. 3, 6, 7, 17 and 26)."
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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 |
|---|---|---|---|---|---|---|
Democratic Republic of Congo |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesArticle 166: Women who voluntarily have an abortion will be punished by a penal servitude of five to ten years. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesArticle 165: Any person who, using food, beverages, medicines, violence or any other means has provided a woman an abortion, shall be punished with a penal servitude of five to fifteen years. Article 178: Anyone who has, through the exhibition, sale or distribution of writings, whether printed or not, or by any other means of publicity, advocated the use of any means of abortion, provided information on the manner of procuring them, or making use of them, or having made known, with a view to recommending them, the persons who provide abortions; Any person who has exhibited, sold, distributed, manufactured or caused to be manufactured, has imported, transported, handed over to a transport or distribution agent, advertised by any means of advertising, drugs or devices specially designed to terminate a pregnancy or advertise the same; Any person who has exhibited or distributed articles specially designed to prevent the design and shall have promoted the sale; Whoever, for the purpose of profit, shall have motivated others by exhibiting, selling or distributing printed or non-printed materials that disclose means of preventing design, advocating for use or providing guidance on how to obtain or use it; Any person who, for the purpose of trade or distribution, has manufactured, caused to be imported, caused to be transported, handed over to a transport or distribution agent, or advertised by any means of publicity, the writings referred to in the preceding paragraph shall be punished with penal servitude of eight days to a year and a fine of from twenty-five to one thousand zaires, or of one of these penalties only. 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 165: Any person who, using food, beverages, medicines, violence or any other means has provided a woman an abortion, shall be punished with a penal servitude of five to fifteen years. Article 178: Anyone who has, through the exhibition, sale or distribution of writings, whether printed or not, or by any other means of publicity, advocated the use of any means of abortion, provided information on the manner of procuring them, or making use of them, or having made known, with a view to recommending them, the persons who provide abortions; Any person who has exhibited, sold, distributed, manufactured or caused to be manufactured, has imported, transported, handed over to a transport or distribution agent, advertised by any means of advertising, drugs or devices specially designed to terminate a pregnancy or advertise the same; Any person who has exhibited or distributed articles specially designed to prevent the design and shall have promoted the sale; Whoever, for the purpose of profit, shall have motivated others by exhibiting, selling or distributing printed or non-printed materials that disclose means of preventing design, advocating for use or providing guidance on how to obtain or use it; Any person who, for the purpose of trade or distribution, has manufactured, caused to be imported, caused to be transported, handed over to a transport or distribution agent, or advertised by any means of publicity, the writings referred to in the preceding paragraph shall be punished with penal servitude of eight days to a year and a fine of from twenty-five to one thousand zaires, or of one of these penalties only. 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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PenaltiesNone found |
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