| Country | On request |
Economic or social reasons |
Foetal impairment |
Rape |
Incest |
Intellectual or cognitive disability of the woman |
Mental health |
Physical health |
Health |
Life |
Other (where provided) |
|---|---|---|---|---|---|---|---|---|---|---|---|
Honduras |
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. This legal ground recognizes a woman’s free choice. Safe Abortion Guidelines, § 4.2.1.6.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.5.
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Foetal impairmentGestational limit appliesWHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information; health protection or social reasons can be interpreted to include distress of the pregnant woman caused by the diagnosis of fetal impairment. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
Additional notesThe Penal Code makes no exceptions to the general prohibition on the performance of abortions. However, the Norms for Maternal and Neonatal Care states "Therapeutic abortion: It is the interruption of a pregnancy to preserve the woman's health or save the woman's life. It is practiced when one of the following situations exists: when the woman's health is at risk; when the woman's life is at risk; when the product has congenital malformations that are incompatible with life, and when the pregnancy has been the result of a non-consensual relationship or a non-consensual fertilization. It defines abortion as abortion the "interruption of a pregnancy after implantation of the fertilized egg in the endometrium before the fetus has reached viability (before 22 weeks of gestational age, fetal weight of 500g and fetal length of 25cm.)"The Code of Medical Ethics of the Honduran Medical Association also sets out the exceptional grounds and circumstances abortions in which abortion for therapeutic purposes can be performed, namely when the life or health of the woman is in danger and all other options have been exhausted, and there are at least two other doctors who provide their written agreement with the conclusion that her life and health are in danger and that this is the only option left. This requires the consent of the woman and her husband/legal representative.
The Code of Ethics can be accessed at: http://www.bvs.hn/RMH/pdf/1943/pdf/A13-5-1943-4.pdf Related documents: |
RapeGestational limit appliesWHO 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.
Additional notesThe Penal Code makes no exceptions to the general prohibition on the performance of abortions. However, the Norms for Maternal and Neonatal Care states "Therapeutic abortion: It is the interruption of a pregnancy to preserve the woman's health or save the woman's life. It is practiced when one of the following situations exists: when the woman's health is at risk; when the woman's life is at risk; when the product has congenital malformations that are incompatible with life, and when the pregnancy has been the result of a non-consensual relationship or a non-consensual fertilization. It defines abortion as abortion the "interruption of a pregnancy after implantation of the fertilized egg in the endometrium before the fetus has reached viability (before 22 weeks of gestational age, fetal weight of 500g and fetal length of 25cm.)"The Code of Medical Ethics of the Honduran Medical Association also sets out the exceptional grounds and circumstances abortions in which abortion for therapeutic purposes can be performed, namely when the life or health of the woman is in danger and all other options have been exhausted, and there are at least two other doctors who provide their written agreement with the conclusion that her life and health are in danger and that this is the only option left. This requires the consent of the woman and her husband/legal representative. The Code of Ethics can be accessed at: http://www.bvs.hn/RMH/pdf/1943/pdf/A13-5-1943-4.pdf Related documents: |
IncestGestational limit appliesWHO 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.
Additional notesThe Penal Code makes no exceptions to the general prohibition on the performance of abortions. However, the Norms for Maternal and Neonatal Care states "Therapeutic abortion: It is the interruption of a pregnancy to preserve the woman's health or save the woman's life. It is practiced when one of the following situations exists: when the woman's health is at risk; when the woman's life is at risk; when the product has congenital malformations that are incompatible with life, and when the pregnancy has been the result of a non-consensual relationship or a non-consensual fertilization. It defines abortion as abortion the "interruption of a pregnancy after implantation of the fertilized egg in the endometrium before the fetus has reached viability (before 22 weeks of gestational age, fetal weight of 500g and fetal length of 25cm.)"The Code of Medical Ethics of the Honduran Medical Association also sets out the exceptional grounds and circumstances abortions in which abortion for therapeutic purposes can be performed, namely when the life or health of the woman is in danger and all other options have been exhausted, and there are at least two other doctors who provide their written agreement with the conclusion that her life and health are in danger and that this is the only option left. This requires the consent of the woman and her husband/legal representative. The Code of Ethics can be accessed at: http://www.bvs.hn/RMH/pdf/1943/pdf/A13-5-1943-4.pdf Related documents: |
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The scope of mental health includes psychological distress or mental suffering caused by, for example, coerced or forced sexual acts and diagnosis of severe fetal impairment. Safe Abortion Guidelines, § 4.2.1.2.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Physical health is widely understood to include conditions that aggravate pregnancy and those aggravated by pregnancy. Safe Abortion Guidelines, § 4.2.1.2.
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HealthGestational limit appliesWHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The fulfillment of human rights requires that women can access safe abortion when it is indicated to protect their health. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.2.
Additional notesThe Penal Code makes no exceptions to the general prohibition on the performance of abortions. However, the Norms for Maternal and Neonatal Care states "Therapeutic abortion: It is the interruption of a pregnancy to preserve the woman's health or save the woman's life. It is practiced when one of the following situations exists: when the woman's health is at risk; when the woman's life is at risk; when the product has congenital malformations that are incompatible with life, and when the pregnancy has been the result of a non-consensual relationship or a non-consensual fertilization. It defines abortion as abortion the "interruption of a pregnancy after implantation of the fertilized egg in the endometrium before the fetus has reached viability (before 22 weeks of gestational age, fetal weight of 500g and fetal length of 25cm.)"The Code of Medical Ethics of the Honduran Medical Association also sets out the exceptional grounds and circumstances abortions in which abortion for therapeutic purposes can be performed, namely when the life or health of the woman is in danger and all other options have been exhausted, and there are at least two other doctors who provide their written agreement with the conclusion that her life and health are in danger and that this is the only option left. This requires the consent of the woman and her husband/legal representative. The Code of Ethics can be accessed at: http://www.bvs.hn/RMH/pdf/1943/pdf/A13-5-1943-4.pdf Related documents: |
LifeGestational limit appliesWHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The human right to life requires protection by law, including when pregnancy is life-threatening or a pregnant woman’s life is otherwise endangered. Both medical and social conditions can constitute life-threatening conditions. Safe Abortion Guidelines, § 4.2.1.1.
Additional notesThe Penal Code makes no exceptions to the general prohibition on the performance of abortions. However, the Norms for Maternal and Neonatal Care states "Therapeutic abortion: It is the interruption of a pregnancy to preserve the woman's health or save the woman's life. It is practiced when one of the following situations exists: when the woman's health is at risk; when the woman's life is at risk; when the product has congenital malformations that are incompatible with life, and when the pregnancy has been the result of a non-consensual relationship or a non-consensual fertilization. It defines abortion as abortion the "interruption of a pregnancy after implantation of the fertilized egg in the endometrium before the fetus has reached viability (before 22 weeks of gestational age, fetal weight of 500g and fetal length of 25cm.)"The Code of Medical Ethics of the Honduran Medical Association also sets out the exceptional grounds and circumstances abortions in which abortion for therapeutic purposes can be performed, namely when the life or health of the woman is in danger and all other options have been exhausted, and there are at least two other doctors who provide their written agreement with the conclusion that her life and health are in danger and that this is the only option left. This requires the consent of the woman and her husband/legal representative. The Code of Ethics can be accessed at: http://www.bvs.hn/RMH/pdf/1943/pdf/A13-5-1943-4.pdf Related documents: |
| Country | Authorization of health professional(s) |
Authorization in specially licensed facilities only |
Judicial authorization for minors |
Judicial authorization in cases of rape |
Police report required in case of rape |
Parental consent required for minors |
Spousal consent |
Ultrasound images or listen to foetal heartbeat required |
Compulsory counselling |
Compulsory waiting period |
Mandatory HIV screening test |
Other mandatory STI screening tests |
Prohibition of sex-selective abortion |
Restrictions on information provided to the public |
Restrictions on methods to detect sex of the foetus |
Other (where provided) |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Honduras |
Authorization of health professional(s)WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by hospital authorities may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
Additional notesThe Penal Code makes no exceptions to the general prohibition on the performance of abortions. However, the Norms for Maternal and Neonatal Care states "Therapeutic abortion: It is the interruption of a pregnancy to preserve the woman's health or save the woman's life. It is practiced when one of the following situations exists: when the woman's health is at risk; when the woman's life is at risk; when the product has congenital malformations that are incompatible with life, and when the pregnancy has been the result of a non-consensual relationship or a non-consensual fertilization. It defines abortion as abortion the "interruption of a pregnancy after implantation of the fertilized egg in the endometrium before the fetus has reached viability (before 22 weeks of gestational age, fetal weight of 500g and fetal length of 25cm.)"The Code of Medical Ethics of the Honduran Medical Association also sets out the exceptional grounds and circumstances abortions in which abortion for therapeutic purposes can be performed, namely when the life or health of the woman is in danger and all other options have been exhausted, and there are at least two other doctors who provide their written agreement with the conclusion that her life and health are in danger and that this is the only option left. This requires the consent of the woman and her husband/legal representative. The Code of Ethics can be accessed at: http://www.bvs.hn/RMH/pdf/1943/pdf/A13-5-1943-4.pdf Related documents: |
Authorization in specially licensed facilities onlyNot applicable 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 applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. Safe Abortion Guidelines, § 4.2.2.
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Judicial authorization in cases of rapeNot applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Police report required in case of rapeNot applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Parental consent required for minorsNot applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by parents may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
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Spousal consentNot applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by a spouse may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
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Ultrasound images or listen to foetal heartbeat requiredNot applicable 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 applicable 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 applicable 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 applicable 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 applicable 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 applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. In situations where abortion is restricted for sex selection purposes, terminating a pregnancy for this reason is likely to involve an unsafe procedure carrying high risks. Any policies or guidelines on the use of technology in obstetric and fetal medicine should take into account the need to ensure women’s access to safe abortion and other services - efforts to manage or limit sex selection should also not hamper or limit access to safe abortion services. Preventing gender-biased sex selection: an interagency statement, p 10 - Recommendation.
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No data | No data |
| Country | National guidelines for induced abortion |
Methods allowed |
Country recognized approval (mifepristone / mife-misoprostol) |
Country recognized approval (misoprostol) |
Where can abortion services be provided |
National guidelines for post-abortion care |
Where can post abortion care services be provided |
Contraception included in post-abortion care |
Insurance to offset end user costs |
Who can provide abortion services |
Extra facility/provider requirements for delivery of abortion services |
|---|---|---|---|---|---|---|---|---|---|---|---|
Honduras |
National guidelines for induced abortionYes, guidelines issued by the government Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
Additional notesThe Penal Code makes no exceptions to the general prohibition on the performance of abortions. However, the Norms for Maternal and Neonatal Care states "Therapeutic abortion: It is the interruption of a pregnancy to preserve the woman's health or save the woman's life. It is practiced when one of the following situations exists: when the woman's health is at risk; when the woman's life is at risk; when the product has congenital malformations that are incompatible with life, and when the pregnancy has been the result of a non-consensual relationship or a non-consensual fertilization. It defines abortion as abortion the "interruption of a pregnancy after implantation of the fertilized egg in the endometrium before the fetus has reached viability (before 22 weeks of gestational age, fetal weight of 500g and fetal length of 25cm.)"The Code of Medical Ethics of the Honduran Medical Association also sets out the exceptional grounds and circumstances abortions in which abortion for therapeutic purposes can be performed, namely when the life or health of the woman is in danger and all other options have been exhausted, and there are at least two other doctors who provide their written agreement with the conclusion that her life and health are in danger and that this is the only option left. This requires the consent of the woman and her husband/legal representative. The Code of Ethics can be accessed at: http://www.bvs.hn/RMH/pdf/1943/pdf/A13-5-1943-4.pdf |
Methods allowedVacuum aspirationNo data found Dilatation and evacuationNo data found Combination mifepristone-misoprostolNo data found Misoprostol onlyNo data found Other (where provided)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Vacuum aspiration is the recommended technique of surgical abortion for pregnancies of up to 12 to 14 weeks of gestation. The procedure should not be routinely completed by dilatation and sharp curettage (D&C). Safe Abortion Guidelines, Executive Summary, Box 1- Recommendation.
Dilatation and evacuation (D&E) and medical methods (mifepristone and misoprostol; misoprostol alone) are both recommended methods for abortion for gestations over 12 to 14 weeks. Safe Abortion Guidelines, Executive Summary, Box 3- Recommendation.
The recommended method for medical abortion is mifepristone followed by misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
Where mifepristone is not available, the recommended method for medical abortion is misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
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Country recognized approval (mifepristone / mife-misoprostol)No Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
Chemists/pharmacists can help women avoid unintended pregnancy through provision of accurate contraceptive information, pregnancy tests, contraceptive methods and referral to safe abortion services. Safe Abortion Guidelines, § 3.3.1.1.
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Country recognized approval (misoprostol)Yes, for gynaecological indications Related documents:Misoprostol allowed to be sold or distributed by pharmacies or drug storesNo 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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No data |
National guidelines for post-abortion careYes, guidelines issued by the government WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
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Where can post abortion care services be providedPrimary health-care centresYes 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)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The facilities and skills required to manage most abortion complications are similar to those needed to care for women who have had a spontaneous abortion (miscarriage). Safe Abortion Guidelines § 2.2.6.
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Contraception included in post-abortion careYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. All women should receive contraceptive information and be offered counselling for and methods of post-abortion contraception, including emergency contraception, before leaving the health-care facility. Safe Abortion Guidelines, § 2.3.
|
No data |
NurseNo data found Midwife/nurse-midwifeNo data found Doctor (specialty not specified)
Specialist doctor, including OB/GYN
Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Subject to gestational age and method, abortion care can be safely provided by any properly trained health-care provider, including specialist doctors, non-specialist doctors; associate and advanced associate clinicians; midwives; and nurses. Health Worker Roles in Safe Abortion Care, p 33- Recommendation.
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Extra facility/provider requirements for delivery of abortion servicesReferral linkages to a higher-level facilityNo data found Availability of a specialist doctor, including OB/GYNNo data found Minimum number of bedsNo data found 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 |
|---|---|---|---|---|---|---|---|---|
Honduras |
No data | No data | No data | No data | No data | No data | No data | No data |
Concluding Observations issued by respective treaty bodies and selected extracts related to abortion.
| Country | CAT |
CEDAW |
CERD |
CESCR |
CRC |
CRPD |
HRC |
IE HAIT |
SR HEALTH |
SR TORTURE |
SR VAW |
WG-DWLP |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Honduras |
Concluding ObservationsCAT“The Committee is concerned about the restrictions on access to abortion, especially for rape victims, set out in the State party’s criminal legislation, which permits the voluntary termination of pregnancy only when the mother’s life is at risk. [….] The Committee recommends that the State party ensure that women, especially victims of rape, who voluntarily decide to terminate their pregnancy have access to safe, legal abortions.”
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Concluding ObservationsCEDAW“The Committee is concerned about the high rate of teenage pregnancy and its implications for the health and education of girls. The Committee is concerned that efforts to provide sex education in schools, developed by the Ministry of Education, are being impeded by conservative government actors. The Committee is also concerned that abortion is criminalized in all circumstances, including when a pregnancy threatens a woman’s life or health and when it is a result of rape or incest. The Committee is concerned about the high HIV/AIDS infection rates in women and the fact that HIV/AIDS programmes and policies are not specifically targeted at women, with the exception of prostitutes and pregnant women, and do not address the needs of women of ethnic minorities. The Committee urges the State party to step up the provision of family-planning information and services to women and girls, in particular regarding reproductive health and affordable contraceptive methods, and to widely implement sex education targeted at girls and boys, with special attention to the prevention of teenage pregnancy. The Committee calls on the State party to guarantee that its public policies and decisions are in accordance with its Constitution, which establishes it as a secular State. The Committee recommends that the State party consider reviewing the law relating to abortion with a view to identifying circumstances under which abortion could be permitted, such as therapeutic abortions and abortions in cases of pregnancies resulting from rape or incest, and removing punitive provisions imposed on women who undergo abortion, in line with the Committee’s general recommendation 24, on women and health, and the Beijing Declaration and Platform for Action. The Committee also urges the State party to provide women with access to quality services for the management of complications arising from unsafe abortions and to reduce women’s maternal mortality rates. The Committee recommends that the State party include a gender perspective in its HIV/AIDS programmes and policies and ensure that such programmes and policies address the needs of women from ethnic minorities.”
CEDAW“The Committee [….] is further concerned about :a. The criminalization of abortion without exceptions resulting in a high number of women and girls seeking unsafe abortion and increasing maternal mortality; [….] c. The lack of studies to evaluate the impact of the criminalization of abortion and the prohibition of the prescription, sale and use of emergency contraception, including in cases of rape and incest; [….] Taking into account its statement on sexual and reproductive health and rights, adopted at its fifty-seventh session, in February 2014, the Committee notes that unsafe abortion is a leading cause of maternal morbidity and mortality. As such, the Committee recommends that the State party: a. Look into positive experiences and practices of countries in the region, including from those countries with similar cultural and religious visions, and around the world which have reviewed their restrictive interpretation of therapeutic abortion, and accepted circumstances under which abortion must be decriminalized, namely, at least in cases of rape or incest, threats to the life and/or health of the woman, and severe foetal impairment; b. Conduct an assessment on the impact on the physical and mental health of women and girls of the total criminalization of abortion and the ban on emergency contraception, as well as the free or paid distribution and commercialization of emergency contraception medicines, particularly on women and girls who are victims of sexual abuse, with a view to lifting the ban and criminalization; c. Ensure that women, especially women living in poverty and rural women, have access to quality sexual and reproductive health services, covering family planning, the prevention of early pregnancies and of sexually transmitted infections and emergency post-abortion care;[…]”
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Concluding ObservationsCRC“The Committee welcomes the 2002 National Programme for the Integral Care of Adolescents. However, it is concerned at the following: (a) High rate of teenage pregnancies and the still insufficient reproductive health services; (b) Much higher risk of maternal mortality to which pregnant girls are exposed, inter alia since girls often recur to clandestine forms of abortion; (...) The Committee recommends that the State party, taking into account the Committee’s general comment No. 4 on adolescent health and development in the context of the Convention (CRC/GC/2003/4): (a) Ensure access to reproductive health services to all adolescents and carefully address the issues of teenage pregnancy, clandestine abortions and substance abuse; (....)”
CRC“[…] The Committee is also deeply concerned that girls can in no circumstances have access to abortion services, including in cases of rape or incest and when their health or life are in danger, a situation which places them at grave risk of resorting to clandestine abortion at the risk of their life and can lead them to being criminalized. [….] In the light of its general comment No. 4 (2003) on adolescent health in the context of the Convention, the Committee recommends that the State party: [….] (d) Decriminalize abortions in all circumstances and review its legislation with a view to ensuring children’s access to safe abortion and post-abortion care services. The views of the child should always be heard and respected in abortion decisions.”
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Concluding ObservationsHRC“The Committee expresses its concern at the unduly restrictive legislation on abortion, particularly in cases where the life of the mother is endangered (article 6 of the Covenant). The State party should amend its legislation so as to help women avoid unwanted pregnancies and ensure that women need not resort to clandestine abortions, which could endanger their lives. The State party should also amend its legislation on abortion in order to bring it into line with the Covenant.”
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Concluding ObservationsSR VAW“(…) The Supreme Court subsequently declared the ban on emergency contraception constitutional, upholding the view that emergency contraception was a method of abortion and therefore violated article 126 of the Criminal Code of Honduras, which criminalizes abortion without exception. The Article 132 of the Code provides for a sentence of four to six years’ imprisonment for anyone who causes an abortion through acts of violence, even if unintentionally, while knowing the victim’s state of pregnancy. The absolute prohibition of abortion implies that women and girls are condemned to continue pregnancies and to face revictimization by society. It has also led women and girls who are impregnated as a result of rape or incest to resort to unsafe and clandestine abortion services and practices, sometimes with fatal consequences.“
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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 |
|---|---|---|---|---|---|---|
Honduras |
Penalties deconstructedNo legal grounds specified; penalties for all abortions |
PenaltiesARTICLE 128. A woman who produces her own abortion or consents to another person to do so shall be punished with imprisonment of three (3) to six (6) years. |
PenaltiesCHAPTER II ABORTION ARTICLE 126. Abortion is the death of a human being at any time during pregnancy or during childbirth. Whoever intentionally causes an abortion will be punished: 1. With three (3) to six (6) years of imprisonment if the woman consented; 2. With six (6) to eight (8) years of imprisonment if the person works without the consent of the mother and without employing violence or intimidation; 3. With eight (8) to ten (10) years imprisonment if the person employs violence, intimidation or deception. ARTICLE 127. The penalties indicated in the previous article and the fine of fifteen thousand (L.15,000.00) to thirty thousand (L.30,000.00) Lempiras shall be imposed on the physician who, abusing their profession, causes or cooperates in abortion. The same sanctions will apply to medical practitioners, paramedics, nurses, midwives or midwives who commit or participate in the provision of an abortion. ARTICLE 128. A woman who produces her own abortion or consents to another person to do so shall be punished with imprisonment of three (3) to six (6) years. |
PenaltiesCHAPTER II ABORTION ARTICLE 126. Abortion is the death of a human being at any time during pregnancy or during childbirth. Whoever intentionally causes an abortion will be punished: 1. With three (3) to six (6) years of imprisonment if the woman consented; 2. With six (6) to eight (8) years of imprisonment if the person works without the consent of the mother and without employing violence or intimidation; 3. With eight (8) to ten (10) years imprisonment if the person employs violence, intimidation or deception. ARTICLE 127. The penalties indicated in the previous article and the fine of fifteen thousand (L.15,000.00) to thirty thousand (L.30,000.00) Lempiras shall be imposed on the physician who, abusing their profession, causes or cooperates in abortion. The same sanctions will apply to medical practitioners, paramedics, nurses, midwives or midwives who commit or participate in the provision of an abortion. ARTICLE 128. A woman who produces her own abortion or consents to another person to do so shall be punished with imprisonment of three (3) to six (6) years. |
PenaltiesNone found |
PenaltiesARTICLE 126. Abortion is the death of a human being at any time during pregnancy or during childbirth. Whoever intentionally causes an abortion will be punished: 1. With three (3) to six (6) years of imprisonment if the woman consented; 2. With six (6) to eight (8) years of imprisonment if the person works without the consent of the mother and without employing violence or intimidation; 3. With eight (8) to ten (10) years imprisonment if the person employs violence, intimidation or deception. |
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