Global Abortion Policies Database
A tool to expand knowledge, encourage transparency, and promote accountability.
| Country or Region | |
|---|---|
Kazakhstan |
Gestational limit: 12
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.
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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| Country | Economic or social reasons |
Foetal impairment |
Rape |
Incest |
Intellectual or cognitive disability of the woman |
Mental health |
Physical health |
Health |
Life |
Other |
|---|---|---|---|---|---|---|---|---|---|---|
Kazakhstan |
Economic or social reasonsNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.5.
Additional notesThe social indications stipulated in law are:
- death of husband during pregnancy -the woman or her husband are in prison - the woman and her husband recognized as officially unemployed; - the woman is unmarried; - presence of a court decision on the deprivation or restriction of parental rights; - pregnancy after rape; - women who have the status of refugee or IDP; - the presence of a child with a disability; -dissolution of marriage during pregnancy; - many children (children 4 or more). |
Foetal impairmentNot 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. A woman is entitled to know the status of her pregnancy and to act on this information; health protection or social reasons can be interpreted to include distress of the pregnant woman caused by the diagnosis of fetal impairment. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
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RapePregnancy after rape is one of the social indications. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
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IncestNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
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Intellectual or cognitive disability of the womanYes Gestational limit
Where there are medical indications that threaten the life of the woman abortion can be provided at any time during gestation with the approval of a Committee formed of three experts. The medical indications for which abortion is permitted are set out in the Regulations. They include mental illnesses. The Regulations state that in the case of diseases not specifically listed in the Regulations where the continuation of pregnancy and childbirth pose a threat to life or threaten serious damage to health pregnant, access to an abortion is determined through an individual consultation. |
Mental healthNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The 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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Physical healthNot 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. 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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HealthYes Gestational limit
Where there are medical indications that threaten the life of the woman abortion can be provided at any time during gestation with the approval of a Committee formed of three experts. The medical indications for which abortion is permitted are set out in the Regulations. They include mental illnesses. The Regulations state that in the case of diseases not specifically listed in the Regulations where the continuation of pregnancy and childbirth pose a threat to life or threaten serious damage to health pregnant, access to an abortion is determined through an individual consultation WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The fulfillment of human rights requires that women can access safe abortion when it is indicated to protect their health. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
Additional notesWhere there are medical indications that threaten the life of the woman abortion can be provided at any time during gestation with the approval of a Committee formed of three experts. The medical indications for which abortion is permitted are set out in the Regulations. They include mental illnesses. The Regulations state that in the case of diseases not specifically listed in the Regulations where the continuation of pregnancy and childbirth pose a threat to life or threaten serious damage to health pregnant, access to an abortion is determined through an individual consultation |
LifeYes Gestational limit
Where there are medical indications that threaten the life of the woman abortion can be provided at any time during gestation with the approval of a Committee formed of three experts. The medical indications for which abortion is permitted are set out in the Regulations. They include mental illnesses. The Regulations state that in the case of diseases not specifically listed in the Regulations where the continuation of pregnancy and childbirth pose a threat to life or threaten serious damage to health pregnant, access to an abortion is determined through an individual consultation 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.
Additional notesWhere there are medical indications that threaten the life of the woman abortion can be provided at any time during gestation with the approval of a Committee formed of three experts. The medical indications for which abortion is permitted are set out in the Regulations. They include mental illnesses. The Regulations state that in the case of diseases not specifically listed in the Regulations where the continuation of pregnancy and childbirth pose a threat to life or threaten serious damage to health pregnant, access to an abortion is determined through an individual consultation |
OtherDeath of husband during pregnancy; The woman or her husband are in prison; The woman and her husband recognized as officially unemployed; The woman is unmarried; Presence of a court decision on the deprivation or restriction of parental rights; Pregnancy after rape; Women who have the status of refugee or internally displaced people; The presence of a child with a disability; Dissolution of marriage during pregnancy; Many children (4 or more children) Additional notesThe gestational limit for all indications listed on the social indications list is 22 weeks. |
| 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Kazakhstan |
Authorization of health professional(s)Yes Number and cadre of health-care professional authorizations required
Authorisation is required in cases where there are medical indications that threaten the life of a woman. 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 notesAuthorisation is required in cases where there are medical indications that threaten the life of a woman. |
Authorization in specially licensed facilities onlyNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Restrictions on the range of providers or facilities that are authorized to provide abortion reduce the availability of services and their equitable geographic distribution. Safe Abortion Guidelines, § 4.2.2.4.
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Judicial authorization for minorsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. Safe Abortion Guidelines, § 4.2.2.
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Judicial authorization in cases of rapenot applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Police report required in case of rapenot applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Parental consent required for minorsYes Can another adult consent in place of a parent?Yes 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.
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Spousal consentNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by a spouse may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
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Ultrasound images or listen to foetal heartbeat requiredNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Regulatory, policy and programmatic barriers, one example of which is the requirement for mandatory ultrasound prior to abortion, that hinder access to and timely provision of safe abortion care should be removed. Safe Abortion Guidelines, Executive Summary, Box 7 - Recommendation.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Many women have made a decision to have an abortion before seeking care, and this decision should be respected without subjecting a woman to mandatory counselling. Provision of counselling to women who desire it should be voluntary, confidential, non-directive and by a trained person. Safe Abortion Guidelines, § 2.1.8.1.
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Compulsory waiting periodNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should consider eliminating waiting periods that are not medically required, and expanding services to serve all eligible women promptly. Safe Abortion Guidelines, § 4.2.2.6.
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Mandatory HIV screening testNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
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Other mandatory STI screening testsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
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Prohibition of sex-selective abortionNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. In situations where abortion is restricted for sex selection purposes, terminating a pregnancy for this reason is likely to involve an unsafe procedure carrying high risks. Any policies or guidelines on the use of technology in obstetric and fetal medicine should take into account the need to ensure women’s access to safe abortion and other services - efforts to manage or limit sex selection should also not hamper or limit access to safe abortion services. Preventing gender-biased sex selection: an interagency statement, p 10 - Recommendation.
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No data
Restrictions on information provided to the publicNo data found 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|
Kazakhstan |
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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No data
Country recognized approval (mifepristone / mife-misoprostol)No data found 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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No data
Country recognized approval (misoprostol)No data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
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Where can abortion services be providedPrimary health-care centresNot specified Secondary (district-level) health-care facilitiesNot specified Specialized abortion care public facilitiesNot specified Private health-care centres or clinicsNot specified NGO health-care centres or clinicsNot specified Other (if applicable)Second trimester abortions can only be provided in perinatal centres, maternity homes and multi-regional hospitals 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 centresNot specified Secondary (district-level) health-care facilitiesNot specified Specialized abortion care public facilitiesNot specified Private health-care centres or clinicsNot specified NGO health-care centres or clinicsNot specified Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The facilities and skills required to manage most abortion complications are similar to those needed to care for women who have had a spontaneous abortion (miscarriage). Safe Abortion Guidelines § 2.2.6.
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Contraception included in post-abortion careYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. All women should receive contraceptive information and be offered counselling for and methods of post-abortion contraception, including emergency contraception, before leaving the health-care facility. Safe Abortion Guidelines, § 2.3.
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Insurance to offset end user costsNot 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. 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 servicesNurseNot specified Midwife/nurse-midwifeNot specified Doctor (specialty not specified)Not specified Specialist doctor, including OB/GYNNot specified Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Subject to gestational age and method, abortion care can be safely provided by any properly trained health-care provider, including specialist doctors, non-specialist doctors; associate and advanced associate clinicians; midwives; and nurses. Health Worker Roles in Safe Abortion Care, p 33- Recommendation.
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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 |
|---|---|---|---|---|---|---|---|---|
Kazakhstan |
Public sector providersNot 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. 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 providersNot 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. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
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Provider type not 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. 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 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. 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. 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. 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. 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. 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Kazakhstan |
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CEDAW"The Committee notes the 2014 amendments to the law on domestic violence of 2009 that provide for restraining and protection orders and social assistance to victims of domestic violence. It also takes note of the State party’s intention to adopt the bill on countering domestic violence and to ratify the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence. However, the Committee notes with concern the following: (a)The decriminalization, in 2017, of intentional infliction of minor injury (art. 108 of the Criminal Code) and of battery (art. 109), the criminalization of which had been used to prosecute cases of domestic violence, and the fact that such acts are currently considered to be mere administrative offences, which contradicts the spirit of the Convention and weakens the protection of women from gender-based violence; (b)The lack of revision of the definition of rape (art. 120 of the Criminal Code), which continues to be based on penetrative vaginal intercourse and requires the element of violence or threat of violence rather than the lack of consent (see CEDAW/C/KAZ/CO/3–4, para. 19 (d)); (c)Domestic violence, which remains severely underreported, is still considered a private matter in the State party; (d)Eviction orders for perpetrators to leave the family home are executed only if that person has no other residence; (e)The reports that police officers attempt to reconcile victims with perpetrators of domestic violence; (f)The lack of shelters for women and girls who are victims of gender-based violence and the denial of access to such shelters to women living with HIV/AIDS; (g)The lack of training on the prevention and detection of, as well as of a victim-centred response to, all forms of gender-based violence, for the authorities concerned; (h)The subjection of women with disabilities, in particular those living in institutions, to forced sterilization and forced abortion, police violence against women in prostitution, the mandatory gender reassignment surgery for transgender women for the purpose of legal gender recognition and the limited access to justice for the victims of those forms of gender-based violence. Recalling its general recommendation No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19, the Committee recommends that the State party: (a) Review its current legislation, including the Criminal Code, the Code of Administrative Offences and the law on domestic violence, to ensure that domestic violence is specifically criminalized, can be prosecuted ex officio and is sanctioned with appropriate penalties commensurate with the gravity of the abuse; (b) Revise article 109 of the Criminal Code to base the definition of rape on the absence of consent and align it with the Convention and the Committee’s jurisprudence under the Optional Protocol; (c) Review the bill on countering domestic violence with a view to ensuring its compliance with the Convention, in order to effectively prevent and combat all forms of gender-based violence against women and protect victims; (d) Encourage the reporting of all forms of gender-based violence against women and girls, including domestic and sexual violence; (e) Ensure the timely and effective issuance, implementation and monitoring of eviction orders and the timely and effective implementation and monitoring of rehabilitation programmes for perpetrators; (f) Ensure that all cases involving gender-based violence against women are effectively investigated and that perpetrators are prosecuted ex officio and punished with appropriate sanctions, give priority to criminal proceedings over reconciliation and ensure that police officers who fail to take action or deter victims from filing complaints are held accountable; (g) Strengthen the availability and accessibility, through funding from the State budget, of long-term and short-term shelters, medical and psychological care and legal assistance, in urban and rural areas, to all women who are victims of, or who are at risk of, gender-based violence, regardless of whether they are living with HIV/AIDS or are engaging in prostitution; (h) Provide mandatory training on the prevention and detection of, as well as a gender and victim-centred response to, all forms of gender-based violence, paying particular attention to protecting confidentiality, and align the standard procedure for providing special social services to victims of domestic violence with international standards; (i) Ensure that forced sterilization and abortion are criminalized and perpetrators prosecuted, abolish mandatory gender reassignment surgery, in law and in practice, identify and eliminate the barriers preventing victims from gaining access to justice in rural and urban areas and ensure that all victims have access to effective reparation, including compensation; (j) Ensure that all institutions in which women with disabilities live are effectively monitored by independent authorities in order to prevent violence and abuse; (k) Accelerate the ratification of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence. (a)The high prevalence of early pregnancy and the high abortion rates among girls and young women aged 15–18 years, the latter of which are considered to be a principal cause of maternal mortality in the State party; (b)The limited access to affordable contraception, as free contraceptives are provided only to selected high-risk groups; (c)The age restriction imposed on adolescents to have access to health services, including abortion and mental health care, without parental consent; (d)The limited accessibility of and the limited counselling provided in health centres for young people; (e)The limited access to health care for and the discrimination and violence faced by women living with HIV/AIDS, women with disabilities and women using drugs, including in prisons. The Committee recommends that the State party take advantage of the adoption of the new health-care development programme for the period up to 2025: (a) To provide free or subsidized contraceptives to vulnerable groups in urban and rural areas, including sexually active adolescents, poor women, women with disabilities and women living with HIV/AIDS; (b) To raise public awareness about modern forms of contraception and ensure that abortion is not used as a contraceptive method, including through sexuality education and media campaigns; (c) To reduce from 18 to 16 years the age required for adolescents to have access to health services, including abortion and mental health services, without parental consent, including by reviewing and adopting the new draft health code; (d) To improve the quality and accessibility of health services provided by health centres for young people, including by strengthening the skills of the staff and their capacity to deliver gender-sensitive and youth-friendly services and guarantee confidentiality and privacy, and expand the coverage of such centres to rural areas and villages and maintain State funding; (e) To eliminate discrimination, violence and stigma against women living with HIV/AIDS, women with disabilities and women using drugs, including in institutions or prisons, and ensure that they have access to adequate health services, including sexual and reproductive health services and HIV and drug treatment. [...] The Committee recommends that the State party: (a) W ith regard to women with disabilities: (i) Improve access to employment, entrepreneurship and training opportunities for women with disabilities; (ii) Ensure that women with disabilities have access to the special social services that they require; (iii) Effectively address the unmet need for family planning among women with disabilities; (iv) Ensure that women with disabilities have the right to bring their pregnancy to term and that gynaecological consultations, medical examinations, family planning and adapted support during pregnancy are available and accessible; (v) Raise awareness of HIV and sexually transmitted infections in accessible formats; (vi) Criminalize forced sterilization and forced abortion; (vii) Ensure that women with disabilities have the opportunity to exercise their legal capacity, enjoy access to justice and are guaranteed protection of their right to free and informed consent to any medical intervention; (viii) Investigate, prosecute and convict cases of forced abortion and sterilization".
“The Committee is concerned about limited access to adequate health-care services for women, particularly women in rural areas. It is concerned about the negative health implications for women using intrauterine devices, which seem to be the predominant method of contraception, without proper medical check-up, and that a comprehensive range of contraceptives is not widely available. The Committee is concerned about the prevalence of teenage pregnancy, and the still high abortion rate which indicates that abortion may be used as a method of contraception.”
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CESCR“The Committee recommends that the State party include sexual and reproductive health education programmes in schools and provide a broad range of sexual and reproductive health care services through its primary health – care system. The Committee also requests that the State party provide in its next periodic report information on sexual and reproductive health, including the practice of abortion (arts. 12, 10).”
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CRC“With regard to adolescent health, the Committee is concerned at the high rate of teenage pregnancies and abortions, which are one of the main causes of maternal mortality. Welcoming the national plan for counteracting the AIDS epidemic, it is further concerned at the emergence of problems relating to HIV/AIDS, drug addiction, alcoholism and increased use of tobacco.”
“The Committee notes that some efforts are being undertaken to promote healthy lifestyles through the “Youth well-being” programme. However, the Committee remains concerned at the high incidence of drug abuse and the widespread alcoholism and tobacco use. Furthermore, the Committee remains concerned about the prevalence of teenage pregnancy and the high abortion rate. The Committee is also concerned at the shortage of mental health services for children.”
“The Committee is concerned about the persistently high number of teenage pregnancies, which remains a problem in the State party, as well as about the high rate of abortions among teenage girls. The Committee is also concerned about the lack of access to sexual and reproductive health information and facilities, in particular in rural areas.”
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HRC“The Committee expresses concern at the prevalence of teenage pregnancies and clandestine abortions that lead to deaths. The Committee regrets the lack of specific programmes designed to prevent teenage pregnancy and the issues arising from recourse to illegal abortions (arts. 6 and 7). The State party should adopt measures to help girls avoid unwanted pregnancies and re course to illegal abortions that could put their lives at risk. The State party should take appropriate measures to raise awareness and ensure that reproductive health services and facilities are readily available and accessible in the State party.”
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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 |
|---|---|---|---|---|---|---|
Kazakhstan |
Penalties deconstructedPenalties only for unlawful/illegal abortions |
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PenaltiesArticle 117. Illegal Performance of an Abortion (Unofficial trans) 1. Performance of abortions by a person who lacks higher medical education of an appropriate specialization shall be punishable by a fine in the amount of up to five hundred monthly calculation indices or by corrective labor for a term of up to two years, or with the deprivation of liberty for the same period. 2. Illegal performance of an abortion by a person, that has a higher medical education in the appropriate field is punishable by a fine in the amount up to five hundred monthly calculation indices or by corrective labor for a period of up to two years, or with the deprivation of liberty for the same period with the deprivation of the right to hold specified offices or to engage in specified activities for a period of up to three years. 3. Performance of an abortion by a person lacking higher medical education in the appropriate field or illegal performance of an abortion by a person, that has higher medical education in the appropriate field, committed repeatedly is punishable by deprivation of liberty for a term of up to three years or with the deprivation of liberty for the same period with a possible deprivation of the right to hold specified offices or to engage in specified activities for the same term. 4. Illegal performance of an abortion that resulted in death or serious injuries is punishable with the deprivation of liberty for a term of up to seven years with a possible deprivation of the right to hold specific offices or to engage in specific activities for a term of up to three 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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PenaltiesNone found |
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Source document: 
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