| 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) |
|---|---|---|---|---|---|---|---|---|---|---|---|
Mali |
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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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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Gestational limit appliesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions 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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Gestational limit appliesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions 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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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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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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Gestational limit appliesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions 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 CEDEAO/ECOWAS Harmonised Code of Ethics and Practice (2013) (which has no indication of being an official government document) states in Article 21 in Section I (general duties of practitioners): "Voluntary interruption of pregnancy cannot be practiced unless otherwise provided for by law. However, the practitioner is always free to refuse to perform such an act, but he should inform the person concerned of the condition and month of pregnancy as provided for by law." However, in Section V which deals with practitioners' duties towards patients, the Code states in Article 141: "A therapeutic abortion may be performed if the intervention is the only means to save the life of the mother. When the safety of the mother that is seriously threatened requires a termination of pregnancy or the utilization of a therapeutic intervention that is capable of interrupting the pregnancy, the practitioner must consult at least two other doctors chosen for their competence, who, after review of the case, should jointly make a decision. A copy of the report of the consultation should be given to the patient and a copy kept by each of the two consultants. Also a memorandum of the decision that does not mention the name of the patient must be sent by registered mail to the Council. If there is a therapeutic indication for the termination of pregnancy, the practitioner must yield to any refusal by the patient who is duly informed. This rule does not apply in the case of emergency and when the patient is incapable of giving consent." The Code of Ethics is accessible at: http://www.medecins.ci/documents/Code-Harmonise-CEDEAO.pdf. |
Gestational limit appliesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents: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 (where provided) |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Mali |
Authorization of health professional(s)Not 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 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 CEDEAO/ECOWAS Harmonised Code of Ethics and Practice (2013) (which has no indication of being an official government document) states in Article 21 in Section I (general duties of practitioners): "Voluntary interruption of pregnancy cannot be practiced unless otherwise provided for by law. However, the practitioner is always free to refuse to perform such an act, but he should inform the person concerned of the condition and month of pregnancy as provided for by law." However, in Section V which deals with practitioners' duties towards patients, the Code states in Article 141: "A therapeutic abortion may be performed if the intervention is the only means to save the life of the mother. When the safety of the mother that is seriously threatened requires a termination of pregnancy or the utilization of a therapeutic intervention that is capable of interrupting the pregnancy, the practitioner must consult at least two other doctors chosen for their competence, who, after review of the case, should jointly make a decision. A copy of the report of the consultation should be given to the patient and a copy kept by each of the two consultants. Also a memorandum of the decision that does not mention the name of the patient must be sent by registered mail to the Council. If there is a therapeutic indication for the termination of pregnancy, the practitioner must yield to any refusal by the patient who is duly informed. This rule does not apply in the case of emergency and when the patient is incapable of giving consent." The Code of Ethics is accessible at: http://www.medecins.ci/documents/Code-Harmonise-CEDEAO.pdf. |
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. 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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Parental consent required 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. 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. 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.
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Ultrasound images or listen to foetal heartbeat requiredNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions 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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Restrictions on information provided to the publicYes Related documents:List of restrictionsAny person who, except as provided for in article 13 of this law, incites an abortion or provides counsel or any other means of abortion, shall be punished by the penalties provided for in the Penal Code . WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should refrain from limiting access to means of maintaining sexual and reproductive health, including censoring, withholding or intentionally misrepresenting health-related information. Safe Abortion Guidelines, § 4.2.2.7.
Additional notesThe CEDEAO/ECOWAS Harmonised Code of Ethics and Practice (2013) (which has no indication of being an official government document) states in Article 141 in Section V (practitioners' duties towards patients): "A practitioner who procures, assists, encourages, incites, solicits or attempts to perform an illegal abortion is liable to prosecution without prejudice to disciplinary sanctions.” The Code of Ethics is accessible at: http://www.medecins.ci/documents/Code-Harmonise-CEDEAO.pdf. |
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 |
|---|---|---|---|---|---|---|---|---|---|---|---|
Mali |
No data |
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 storesNot 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 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 | No data |
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 clinicsYes 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 Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. All women should receive contraceptive information and be offered counselling for and methods of post-abortion contraception, including emergency contraception, before leaving the health-care facility. Safe Abortion Guidelines, § 2.3.
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No data | No data |
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 |
|---|---|---|---|---|---|---|---|---|
Mali |
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. Related 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.
Additional notesThe CEDEAO/ECOWAS Harmonised Code of Ethics and Practice (2013) (which has no indication of being an official government document) states in Article 21 in Section I (general duties of practitioners): "Voluntary interruption of pregnancy cannot be practiced unless otherwise provided for by law. However, the practitioner is always free to refuse to perform such an act, but he should inform the person concerned of the condition and month of pregnancy as provided for by law." In addition, Article 141 in Section V (practitioners' duties towards patients) states: “If the practitioner considers that his conviction does not allow him to advise or perform an abortion, he may withdraw while ensuring the continuity of care by a qualified colleague.” The Code of Ethics is accessible at: http://www.medecins.ci/documents/Code-Harmonise-CEDEAO.pdf. |
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. Related 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.
Additional notesThe CEDEAO/ECOWAS Harmonised Code of Ethics and Practice (2013) (which has no indication of being an official government document) states in Article 21 in Section I (general duties of practitioners): "Voluntary interruption of pregnancy cannot be practiced unless otherwise provided for by law. However, the practitioner is always free to refuse to perform such an act, but he should inform the person concerned of the condition and month of pregnancy as provided for by law." In addition, Article 141 in Section V (practitioners' duties towards patients) states: “If the practitioner considers that his conviction does not allow him to advise or perform an abortion, he may withdraw while ensuring the continuity of care by a qualified colleague.” The Code of Ethics is accessible at: http://www.medecins.ci/documents/Code-Harmonise-CEDEAO.pdf. |
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. Related 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.
Additional notesThe CEDEAO/ECOWAS Harmonised Code of Ethics and Practice (2013) (which has no indication of being an official government document) states in Article 21 in Section I (general duties of practitioners): "Voluntary interruption of pregnancy cannot be practiced unless otherwise provided for by law. However, the practitioner is always free to refuse to perform such an act, but he should inform the person concerned of the condition and month of pregnancy as provided for by law." In addition, Article 141 in Section V (practitioners' duties towards patients) states: “If the practitioner considers that his conviction does not allow him to advise or perform an abortion, he may withdraw while ensuring the continuity of care by a qualified colleague.” The Code of Ethics is accessible at: http://www.medecins.ci/documents/Code-Harmonise-CEDEAO.pdf. |
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. Related 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.
Additional notesThe CEDEAO/ECOWAS Harmonised Code of Ethics and Practice (2013) (which has no indication of being an official government document) states in Article 21 in Section I (general duties of practitioners): "Voluntary interruption of pregnancy cannot be practiced unless otherwise provided for by law. However, the practitioner is always free to refuse to perform such an act, but he should inform the person concerned of the condition and month of pregnancy as provided for by law." In addition, Article 141 in Section V (practitioners' duties towards patients) states: “If the practitioner considers that his conviction does not allow him to advise or perform an abortion, he may withdraw while ensuring the continuity of care by a qualified colleague.” The Code of Ethics is accessible at: http://www.medecins.ci/documents/Code-Harmonise-CEDEAO.pdf. |
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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Mali |
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Concluding ObservationsCEDAW“While noting the considerable efforts made by the State party in the area of antenatal, postpartum and obstetric care, including the ten-year health and social development plan (1997), the Committee is concerned about the high maternal and infant mortality and morbidity, resulting from, inter alia, lack of appropriate care as well as lack of utilization of existing services during pregnancy and childbirth, the limited access to adequate sexual and reproductive health services for women, especially women in rural areas, female genital mutilation, the low level of education, early marriage and unsafe abortions. The Committee is concerned about the unmet demand for family planning services and the low level of contraceptive use. (...) The Committee recommends that the State party intensify its efforts to take holistic, intersectoral 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. 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. (..).”
CEDAW“The Committee reiterates its concern (see CEDAW/C/MLI/CO/5, para. 33) about the inadequate funding of the health-care sector and the limited access to basic health-care services, including sexual and reproductive health care, in particular among rural women, women with disabilities and women living in conflict-affected areas. The Committee is concerned about the persistently high rates of maternal mortality, fertility, early and frequent pregnancy and the resulting demand for obstetric fistula services, HIV/AIDS prevalence among women in prostitution and acute malnutrition affecting women. It notes that the poor health situation of women in the State party is attributed to, among other things, persisting sociocultural barriers, including traditional harmful practices, the lack of autonomy for women, the unavailability, unaffordability and inaccessibility of modern contraceptives and sexual and reproductive health-care services and information, including to adolescents, and difficulties in gaining access to legal abortions. (…) The Committee, recalling its general recommendation No. 24 (1999) on women and health, draws attention to Sustainable Development Goals 3.1 and 3.7, to reduce the global maternal mortality ratio and to ensure universal access to sexual and reproductive health-care services, reiterates its previous recommendation (see CEDAW/C/MLI/CO/5, para. 34) and further recommends that the State party: (….) (b) Reduce maternal mortality by improving access to basic prenatal and postnatal care and emergency obstetric services by skilled birth attendants, including post-abortion care in the case of abortions permitted by law, throughout the territory of the State party, taking into consideration the technical guidance of the Office of the United Nations High Commissioner for Human Rights on the application of a human rights-based approach to the implementation of policies and programmes to reduce preventable maternal morbidity and mortality (A/HRC/21/22 and Corr.1 and 2); (c) Carry out targeted awareness-raising to combat the negative influence of customary, traditional or religious considerations that may be invoked to limit the autonomy of women and hamper the exercise of their sexual and reproductive health rights;…”
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Concluding ObservationsHRC“While noting the considerable efforts made by the State party, the Committee remains concerned by the high maternal and infant mortality rate in Mali, due in particular to the relative inaccessibility of health and family planning services, the poor quality of health care provided, the low educational level and the practice of clandestine abortions (article 6 of the Covenant). So as to guarantee the right to life, the State party should strengthen its efforts in that regard, in particular in ensuring the accessibility of health services, including emergency obstetric care. The State party should ensure that its health workers receive adequate training. It should help women avoid unwanted pregnancies, including by strengthening its family planning and sex education programmes, and ensure that they are not forced to undergo clandestine abortions, which endanger their lives. In particular, attention should be given to the effect on women’s health of the restrictive abortion law.”
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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 |
|---|---|---|---|---|---|---|
Mali |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesLaw No. 02 - 044 / of 24 June 2002 Related to reproductive health Article 17: Any person who, except as provided for in article 13 of this law, incites an abortion or provides counsel or any other means for the purpose of abortion, shall be punished with the penalties provided for in Penal Code. Penal Code: ARTICLE 211: Any abortion using means or substances in order to cause the premature expulsion of the fetus, at whatever stage of the pregnancy when this expulsion is practiced for any reason other than the safeguarding of the life of the woman. Except when the abortion is provided for therapeutic reasons, the abortion described above voluntarily attempted or obtained in any way, either by the woman or by a third party even with her consent, shall be punished by one to five years' imprisonment and Optionally from 20,000 to 1,000,000 francs of fine and from one to ten years of prohibition of stay. ARTICLE 212: Physicians, health officers, midwives, surgeons, dentists, pharmacists, as well as students or employees in pharmacies, herbalists, surgeons, surgeons, masseurs, who have indicated, recommended or used the means of procuring the abortion so defined in the preceding article shall be sentenced to the penalties provided for in Article 213. The suspension for at least five years or the absolute incapacity of the exercise of their profession may be imposed against anyone found guilty of this offence. Anyone who contravenes the prohibition to practice his/her profession under the preceding paragraph shall be punished with imprisonment of not less than six months, not more than two years and a fine of not less than 20,000 francs and 1,200 000 francs or more, or of either of the two penalties. ARTICLE 213: Anyone who, without any guilty intention, has voluntarily administered substances or has delivered the them, even with her consent, to practices or maneuvers which have determined or could have determined illness or incapacity for work, shall be Punishable from six months to three years' imprisonment and optionally from 20,000 to 200,000 francs of fine and from one to ten years of banning of residence. If the result is permanent illness or incapacity, the penalty shall be five to ten years' imprisonment. The prohibition of stay of five to ten years may be imposed. If death ensued, the penalty would be between five and twenty years 'imprisonment and, optionally, between one and twenty years' residence. |
PenaltiesLaw No. 02 - 044 / of 24 June 2002 Related to reproductive health Article 17: Any person who, except as provided for in article 13 of this law, incites an abortion or provides counsel or any other means for the purpose of abortion, shall be punished with the penalties provided for in Penal Code. Penal Code: ARTICLE 211: Any abortion using means or substances in order to cause the premature expulsion of the fetus, at whatever stage of the pregnancy when this expulsion is practiced for any reason other than the safeguarding of the life of the woman. Except when the abortion is provided for therapeutic reasons, the abortion described above voluntarily attempted or obtained in any way, either by the woman or by a third party even with her consent, shall be punished by one to five years' imprisonment and Optionally from 20,000 to 1,000,000 francs of fine and from one to ten years of prohibition of stay. ARTICLE 212: Physicians, health officers, midwives, surgeons, dentists, pharmacists, as well as students or employees in pharmacies, herbalists, surgeons, surgeons, masseurs, who have indicated, recommended or used the means of procuring the abortion so defined in the preceding article shall be sentenced to the penalties provided for in Article 213. The suspension for at least five years or the absolute incapacity of the exercise of their profession may be imposed against anyone found guilty of this offence. Anyone who contravenes the prohibition to practice his/her profession under the preceding paragraph shall be punished with imprisonment of not less than six months, not more than two years and a fine of not less than 20,000 francs and 1,200 000 francs or more, or of either of the two penalties. ARTICLE 213: Anyone who, without any guilty intention, has voluntarily administered substances or has delivered the them, even with her consent, to practices or maneuvers which have determined or could have determined illness or incapacity for work, shall be Punishable from six months to three years' imprisonment and optionally from 20,000 to 200,000 francs of fine and from one to ten years of banning of residence. If the result is permanent illness or incapacity, the penalty shall be five to ten years' imprisonment. The prohibition of stay of five to ten years may be imposed. If death ensued, the penalty would be between five and twenty years 'imprisonment and, optionally, between one and twenty years' residence. |
PenaltiesLaw No. 02 - 044 / of 24 June 2002 Related to reproductive health Article 17: Any person who, except as provided for in article 13 of this law, incites an abortion or provides counsel or any other means for the purpose of abortion, shall be punished with the penalties provided for in Penal Code. Penal Code: ARTICLE 211: Any abortion using means or substances in order to cause the premature expulsion of the fetus, at whatever stage of the pregnancy when this expulsion is practiced for any reason other than the safeguarding of the life of the woman. Except when the abortion is provided for therapeutic reasons, the abortion described above voluntarily attempted or obtained in any way, either by the woman or by a third party even with her consent, shall be punished by one to five years' imprisonment and Optionally from 20,000 to 1,000,000 francs of fine and from one to ten years of prohibition of stay. ARTICLE 212: Physicians, health officers, midwives, surgeons, dentists, pharmacists, as well as students or employees in pharmacies, herbalists, surgeons, surgeons, masseurs, who have indicated, recommended or used the means of procuring the abortion so defined in the preceding article shall be sentenced to the penalties provided for in Article 213. The suspension for at least five years or the absolute incapacity of the exercise of their profession may be imposed against anyone found guilty of this offence. Anyone who contravenes the prohibition to practice his/her profession under the preceding paragraph shall be punished with imprisonment of not less than six months, not more than two years and a fine of not less than 20,000 francs and 1,200 000 francs or more, or of either of the two penalties. ARTICLE 213: Anyone who, without any guilty intention, has voluntarily administered substances or has delivered the them, even with her consent, to practices or maneuvers which have determined or could have determined illness or incapacity for work, shall be Punishable from six months to three years' imprisonment and optionally from 20,000 to 200,000 francs of fine and from one to ten years of banning of residence. If the result is permanent illness or incapacity, the penalty shall be five to ten years' imprisonment. The prohibition of stay of five to ten years may be imposed. If death ensued, the penalty would be between five and twenty years 'imprisonment and, optionally, between one and twenty years' residence. |
PenaltiesNone found |
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