Global Abortion Policies Database
A tool to expand knowledge, encourage transparency, and promote accountability.
| Country or Region | |
|---|---|
Mozambique |
Not Specified
Read more On requestWHO 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.
Additional notesThe Penal Code sets out specific grounds, some of which are tied to a 12 week gestational limit (abortion to avoid danger of death or serious and lasting injury to the body or to the physical, mental or mental health of the pregnant woman, as set out in article 168.1b) while others have higher or no gestational limits. The 2017 Ministerial Decree adds new access grounds (for instance pregnancy resulting from the failure of modern contraceptives among others and captured under “other”) and also refers to "choice" as an essential element of abortion care, defined as including "the right to freely determine when you will be pregnant, to continue or terminate the pregnancy, the right and opportunity to choose between different options after receiving careful and complete information". No additional information is provided as to whether this applies to abortion at a woman’s request with no requirement for justification as to reason. Related documents: |
| Country | Economic or social reasons |
Foetal impairment |
Rape |
Incest |
Intellectual or cognitive disability of the woman |
Mental health |
Physical health |
Health |
Life |
Other |
|---|---|---|---|---|---|---|---|---|---|---|
Mozambique |
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.
|
Foetal impairmentYes Related documents:Gestational limit
In case the foetus is not viable, abortion may take place at any point in gestation. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information; health protection or social reasons can be interpreted to include distress of the pregnant woman caused by the diagnosis of fetal impairment. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
Additional notesIn case the foetus is not viable, abortion may take place at any point in gestation. |
RapeYes 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.
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.
|
IncestYes 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.
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.
|
|
Mental healthYes Related documents:Gestational limit
The 2018 Ministerial Decree on abortion states that the committee of the health unit should examine cases not stipulated in the law on a case-by-case basis to ensure that the pregnant woman's access and sexual and reproductive rights is guaranteed. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The scope of mental health includes psychological distress or mental suffering caused by, for example, coerced or forced sexual acts and diagnosis of severe fetal impairment. Safe Abortion Guidelines, § 4.2.1.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
Additional notesThe 2018 Ministerial Decree on abortion states that the committee of the health unit should examine cases not stipulated in the law on a case-by-case basis to ensure that the pregnant woman's access and sexual and reproductive rights is guaranteed. |
Physical healthYes Related documents:Gestational limit
The 2018 Ministerial Decree on abortion states that the committee of the health unit should examine cases not stipulated in the law on a case-by-case basis to ensure that the pregnant woman's access and sexual and reproductive rights is guaranteed. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Physical health is widely understood to include conditions that aggravate pregnancy and those aggravated by pregnancy. Safe Abortion Guidelines, § 4.2.1.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
Additional notesThe 2018 Ministerial Decree on abortion states that the committee of the health unit should examine cases not stipulated in the law on a case-by-case basis to ensure that the pregnant woman's access and sexual and reproductive rights is guaranteed. |
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.
|
Gestational limitNot 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. The 2018 Ministerial Decree on abortion defines abortion as the termination of pregnancy until 28 weeks of pregnancy. It also stipulates that the committee of the health unit should examine cases not stipulated in the law on a case-by-case basis to ensure that the pregnant woman's access and sexual and reproductive rights is guaranteed. 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 notesThe 2018 Ministerial Decree on abortion defines abortion as the termination of pregnancy until 28 weeks of pregnancy. It also stipulates that the committee of the health unit should examine cases not stipulated in the law on a case-by-case basis to ensure that the pregnant woman's access and sexual and reproductive rights is guaranteed. Related documents: |
OtherSexual violence, failure of a modern contraceptive method, the woman is infected with HIV/AIDS, the pregnancy is not wanted by a minor who is biologically, socially or psychologically unprepared. The committee of the health unit should examine cases not stipulated in the law on a case-by-case basis to ensure that the pregnant woman's access and sexual and reproductive rights is guaranteed. Related documents:Additional notesThe gestational limit in case of sexual violence, failure of a modern contraceptive method, when the woman is infected with HIV/AIDS and when the pregnancy is not wanted by a minor who is biologically, socially or psychologically unprepared is 12 weeks. The committee of the health unit should examine cases not stipulated in the law on a case-by-case basis to ensure that the pregnant woman's access and sexual and reproductive rights is guaranteed. |
| 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Mozambique |
Authorization of health professional(s)Yes Related documents:Number and cadre of health-care professional authorizations requiredThe Penal Code states that two health professionals different from the one by whom or under whose direction the abortion will be undertaken must verify the circumstances that make the abortion not punishable in a medical certificate, written and signed before the intervention. By contrast, the 2018 Ministerial Decree on abortion states that the circumstances must be certified by a doctor or health professional qualified for this purpose. 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 notesAdditional authorization is required, however the Penal Code states that two health professionals different from the one by whom or under whose direction the abortion will be undertaken must verify the circumstances that make the abortion not punishable in a medical certificate, written and signed before the intervention. By contrast, the 2018 Ministerial Decree on abortion states that the circumstances must be certified by a doctor or health professional qualified for this purpose. Related documents: |
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.
|
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.
|
Judicial authorization in cases of rapeNo 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
|
Police report required in case of rapeNo 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
|
Parental consent required for minorsYes Related documents:Can another adult consent in place of a parent?Yes According to the Penal Code, consent by a legal representative is not needed in case of an emergency but in such cases, whenever possible, the physician should seek the advice of one or more additional physicians. The 2018 Ministerial Decree on abortion stipulates that consent may be provided alternatively by the legal representative, or another person who is recognized as having legal custody of the pregnant woman, when the natural or legal guardian cannot be found or refuses to give his consent or even by another adult person without legal responsibility but acting as a confidant. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by parents may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
Additional notesAccording to the Penal Code, consent by a legal representative is not needed in case of an emergency but in such cases, whenever possible, the physician should seek the advice of one or more additional physicians. The 2018 Ministerial Decree on abortion stipulates that consent may be provided alternatively by the legal representative, or another person who is recognized as having legal custody of the pregnant woman, when the natural or legal guardian cannot be found or refuses to give his consent or even by another adult person without legal responsibility but acting as a confidant. |
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.
|
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.
|
Compulsory counsellingNo 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.
|
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.
Additional notesWherever possible the woman should sign the consent form at least three days before the intervention. |
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.
Additional notesThe Clinical guideline on abortion and post-abortion care refers to HIV and syphilis tests as “complementary tests” but it is not stated that these are compulsory. The guidelines also state that the absence of certain laboratory tests should not be a reason for not offering the safe abortion service. Related documents: |
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.
Additional notesThe Clinical guideline on abortion and post-abortion care refers to HIV and syphilis tests as “complementary tests” but it is not stated that these are compulsory. The guidelines also state that the absence of certain laboratory tests should not be a reason for not offering the safe abortion service. Related documents: |
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.
|
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.
|
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.
|
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 |
|---|---|---|---|---|---|---|---|---|---|---|---|
Mozambique |
National guidelines for induced abortionYes, guidelines issued by the government Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
|
Methods allowedVacuum aspirationYes (14 WEEKS) Dilatation and evacuationYes (28 WEEKS) Combination mifepristone-misoprostolYes (28 WEEKS) Misoprostol onlyYes (28 WEEKS) Other (where provided)Dinoprost (prostaglandin F2 alpha) - for late abortions 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.
|
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.
|
Country recognized approval (misoprostol)Yes, for gynaecological indications Related documents:Misoprostol allowed to be sold or distributed by pharmacies or drug storesYes, with prescription only 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
|
Where can abortion 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)Official health establishment, officially recognized for the provision of services 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.
|
National guidelines for post-abortion careYes, guidelines issued by the government Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
|
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 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.
|
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.
|
Insurance to offset end user costsYes Related documents:Induced abortion for all womenYes Induced abortion for poor women onlyNo Abortion complicationsYes Private health coverageNot specified 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.
|
Who can provide abortion servicesRelated documents:NurseNot specified Midwife/nurse-midwifeNot specified Doctor (specialty not specified)Yes Specialist doctor, including OB/GYNNot specified Other (if applicable)Health professional, acting under direction of doctor Surgery technician, ESM licensee, Maternal and Child Nurse, General Medical Technician 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.
|
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)Necessary basic equipment, instruments and consumables 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.
|
| 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 |
|---|---|---|---|---|---|---|---|---|
Mozambique |
Public sector providersNo Related documents:Individual health-care providers who have objected are required to refer the woman to another providerYes 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 right to conscientious objection may be exercised by any physician or health professional qualified to provide pregnancy termination services. There is no right to conscientious objection in cases where abortion s necessary to prevent the risk of death of the pregnant woman, to save the woman's life or prevent serious risks or damage to her health. It is the responsibility of the direction of the Sanitary Unit to indicate another doctor or health professional of Health to carry out the interruption of the pregnancy. If no other doctor or health professional is available, the patient must be transferred to another health unit, following the existing referral procedures. If the conscientious objector is a person responsible for authorizing the medical act of voluntary termination of pregnancy, he or she must be permanently replaced by another doctor or health professional qualified and designated as a substitute for this purpose. |
Private sector providersNo Related documents:Individual health-care providers who have objected are required to refer the woman to another providerYes 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 right to conscientious objection may be exercised by any physician or health professional qualified to provide pregnancy termination services. There is no right to conscientious objection in cases where abortion s necessary to prevent the risk of death of the pregnant woman, to save the woman's life or prevent serious risks or damage to her health. It is the responsibility of the direction of the Sanitary Unit to indicate another doctor or health professional of Health to carry out the interruption of the pregnancy. If no other doctor or health professional is available, the patient must be transferred to another health unit, following the existing referral procedures. If the conscientious objector is a person responsible for authorizing the medical act of voluntary termination of pregnancy, he or she must be permanently replaced by another doctor or health professional qualified and designated as a substitute for this purpose. |
Provider type not specifiedYes Related documents:Individual health-care providers who have objected are required to refer the woman to another providerYes 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 right to conscientious objection may be exercised by any physician or health professional qualified to provide pregnancy termination services. There is no right to conscientious objection in cases where abortion s necessary to prevent the risk of death of the pregnant woman, to save the woman's life or prevent serious risks or damage to her health. It is the responsibility of the direction of the Sanitary Unit to indicate another doctor or health professional of Health to carry out the interruption of the pregnancy. If no other doctor or health professional is available, the patient must be transferred to another health unit, following the existing referral procedures. If the conscientious objector is a person responsible for authorizing the medical act of voluntary termination of pregnancy, he or she must be permanently replaced by another doctor or health professional qualified and designated as a substitute for this purpose. |
Neither Type of Provider PermittedNo Related documents:Individual health-care providers who have objected are required to refer the woman to another providerYes 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 right to conscientious objection may be exercised by any physician or health professional qualified to provide pregnancy termination services. There is no right to conscientious objection in cases where abortion s necessary to prevent the risk of death of the pregnant woman, to save the woman's life or prevent serious risks or damage to her health. It is the responsibility of the direction of the Sanitary Unit to indicate another doctor or health professional of Health to carry out the interruption of the pregnancy. If no other doctor or health professional is available, the patient must be transferred to another health unit, following the existing referral procedures. If the conscientious objector is a person responsible for authorizing the medical act of voluntary termination of pregnancy, he or she must be permanently replaced by another doctor or health professional qualified and designated as a substitute for this purpose. |
Public facilitiesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
|
Private facilitiesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
|
Facility type not specifiedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
|
Neither Type of Facility PermittedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
|
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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Mozambique |
|
CEDAW“The Committee is concerned about multiple aspects of women’s health needs, including the maternal mortality rate which, though decreasing, still remains high. It is also concerned at the high rate of teenage pregnancy and its linkage to the lack of information and prevention measures, illegal abortion and to maternal mortality. The Committee is further concerned about the obstacles that women still face in terms of access to health services, including reproductive health services, difficulties with regard to lack of information on sexual and reproductive health and difficulties linked to such factors as a lack of resources, deficient infrastructure and poor roads and transport.”
|
|
|
CRC“While the Committee commends the establishment of Youth Friendly Health Services, it remains concerned at the high rate of teenage pregnancies which derives from, among other things, a lack of information and prevention measures and results in illegal abortions and maternal mortality. The Committee shares the views expressed by the Committee on the Elimination of Discrimination against Women (CEDAW/C/MOZ/CO/2, para. 36) on the importance of including adequate sex education in school curricula. The Committee urges the State party to take all the necessary measures to reduce teenage pregnancies and, to this end, improve knowledge and the availability of family planning services, further develop education programmes on adolescent reproductive health, and raise awareness about and access to safe contraception methods. The Committee also urges the State party to review its legislation concerning abortion, with a view notably to guaranteeing the best interests of pregnant teenagers.”
“The Committee is deeply concerned that: (a) Health service coverage is still insufficient in terms of infrastructure, personnel and accessibility for the general population; (b) Infant and under-5 mortality rates are extremely high; (c) Maternal mortality is very high, owing in part to insufficient prenatal care and assistance at birth and to the large number of clandestine abortions and the poor conditions in which they are carried out; (...) ..the Committee urgently recommends that the State party: (a) Continue to improve access for all children and their families to primary health care; (b) Give urgent attention to and design practical measures for reducing infant, under-5 and maternal mortality rates, addressing malnutrition, malaria, diarrhoea and respiratory infections, and ensuring that abortions can be conducted with all due attention to minimum standards of health safety; (c) Make every effort to improve public knowledge of basic health‑care measures, including in the areas of prevention and reproductive health, and provide for the availability of affordable contraception in order to ensure that unwanted pregnancies do not occur. (d) Seek technical assistance from UNICEF and WHO in this regard.”
|
|
|
|
|
|
|
|
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 |
|---|---|---|---|---|---|---|
Mozambique |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code Art 166 1. One who purposely causes a woman to have an abortion, using for this purpose violence or drink, or medicine, or any other means, if the crime is committed without the woman's consent, will be sentenced to a prison sentence. 2. If the offense is committed with the woman's consent, this act shall be punished with the penalty of imprisonment up to one year. 3. The woman who consents and makes use of the means provided artificially, or who voluntarily seeks abortion herself, followed by an abortion, will be punished with imprisonment. 4. If, however, in the case of the preceding paragraph, the woman committing the crime is to hide disgrace, the penalty will be imprisonment up to one year. 5. The doctor, pharmacist, nurse or other health professional abuse their profession, and have voluntarily contributed to the implementation of this crime, or indicating the means to do it, incurs a prison sentence, aggravated according to the general rules. 167 When abortion or the means used have serious consequences on the physical integrity or lead to the death of the woman as a direct result of the same, the penalty to someone who causes an abortion will be the highest with prison of two to eight years, with a possibility of it being increased to a punishment of imprisonment of eight to twelve years, depending on the severity of the results of the act, respectively. 2. It is considered, for the purposes of the preceding paragraph, a serious offense that which determines the deprived of reason or inability to work for life. 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.
|
PenaltiesPenal Code Art 166 1. One who purposely causes a woman to have an abortion, using for this purpose violence or drink, or medicine, or any other means, if the crime is committed without the woman's consent, will be sentenced to a prison sentence. 2. If the offense is committed with the woman's consent, this act shall be punished with the penalty of imprisonment up to one year. 3. The woman who consents and makes use of the means provided artificially, or who voluntarily seeks abortion herself, followed by an abortion, will be punished with imprisonment. 4. If, however, in the case of the preceding paragraph, the woman committing the crime is to hide disgrace, the penalty will be imprisonment up to one year. 5. The doctor, pharmacist, nurse or other health professional abuse their profession, and have voluntarily contributed to the implementation of this crime, or indicating the means to do it, incurs a prison sentence, aggravated according to the general rules. 167 When abortion or the means used have serious consequences on the physical integrity or lead to the death of the woman as a direct result of the same, the penalty to someone who causes an abortion will be the highest with prison of two to eight years, with a possibility of it being increased to a punishment of imprisonment of eight to twelve years, depending on the severity of the results of the act, respectively. 2. It is considered, for the purposes of the preceding paragraph, a serious offense that which determines the deprived of reason or inability to work for life. 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.
|
PenaltiesPenal Code Art 166 1. One who purposely causes a woman to have an abortion, using for this purpose violence or drink, or medicine, or any other means, if the crime is committed without the woman's consent, will be sentenced to a prison sentence. 2. If the offense is committed with the woman's consent, this act shall be punished with the penalty of imprisonment up to one year. 3. The woman who consents and makes use of the means provided artificially, or who voluntarily seeks abortion herself, followed by an abortion, will be punished with imprisonment. 4. If, however, in the case of the preceding paragraph, the woman committing the crime is to hide disgrace, the penalty will be imprisonment up to one year. 5. The doctor, pharmacist, nurse or other health professional abuse their profession, and have voluntarily contributed to the implementation of this crime, or indicating the means to do it, incurs a prison sentence, aggravated according to the general rules. 167 When abortion or the means used have serious consequences on the physical integrity or lead to the death of the woman as a direct result of the same, the penalty to someone who causes an abortion will be the highest with prison of two to eight years, with a possibility of it being increased to a punishment of imprisonment of eight to twelve years, depending on the severity of the results of the act, respectively. 2. It is considered, for the purposes of the preceding paragraph, a serious offense that which determines the deprived of reason or inability to work for life. 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.
|
PenaltiesNone found |
PenaltiesArt 166 1. One who purposely causes a woman to have an abortion, using for this purpose violence or drink, or medicine, or any other means, if the crime is committed without the woman's consent, will be sentenced to a prison sentence. 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.
|
Source document: 
Back to top