Global Abortion Policies Database
A tool to expand knowledge, encourage transparency, and promote accountability.
| Country or Region | |
|---|---|
Nepal |
Gestational limit: 12
Read more On requestYes Gestational limit
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. This legal ground recognizes a woman’s free choice. Safe Abortion Guidelines, § 4.2.1.6.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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| Country | Economic or social reasons |
Foetal impairment |
Rape |
Incest |
Intellectual or cognitive disability of the woman |
Mental health |
Physical health |
Health |
Life |
Other |
|---|---|---|---|---|---|---|---|---|---|---|
Nepal |
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.5.
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Foetal impairmentYes Gestational limit
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information; health protection or social reasons can be interpreted to include distress of the pregnant woman caused by the diagnosis of fetal impairment. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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RapeYes Gestational limit
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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IncestYes Gestational limit
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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Mental healthYes Gestational limit
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The scope of mental health includes psychological distress or mental suffering caused by, for example, coerced or forced sexual acts and diagnosis of severe fetal impairment. Safe Abortion Guidelines, § 4.2.1.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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Physical healthYes Gestational limit
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Physical health is widely understood to include conditions that aggravate pregnancy and those aggravated by pregnancy. Safe Abortion Guidelines, § 4.2.1.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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HealthNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The fulfillment of human rights requires that women can access safe abortion when it is indicated to protect their health. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.2.
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LifeYes Gestational limit
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The human right to life requires protection by law, including when pregnancy is life-threatening or a pregnant woman’s life is otherwise endangered. Both medical and social conditions can constitute life-threatening conditions. Safe Abortion Guidelines, § 4.2.1.1.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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Other |
| 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Nepal |
Authorization of health professional(s)Yes Number and cadre of health-care professional authorizations required
The sources use different language to describe the requirements women seeking an abortion need to meet. The Safe Abortion Policy (1) refers to “with the advice of a medical practitioner” for abortions at any time during the pregnancy, including particularly after 18 weeks of gestation. The Comprehensive Abortion Care Integrated Reference Manual (2) refers to “the certification of an expert physician.” The references in the General Code (6) is: “on the advice of an expert pursuant to the prevailing law that if abortion is not carried out, the life of such a woman may be in danger or the physical or mental health may be deteriorated or a disabled child may be born.” 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 sources use different language to describe the requirements women seeking an abortion need to meet. The Safe Abortion Policy (1) refers to “with the advice of a medical practitioner” for abortions at any time during the pregnancy, including particularly after 18 weeks of gestation. The Comprehensive Abortion Care Integrated Reference Manual (2) refers to “the certification of an expert physician.” The references in the General Code (6) is: “on the advice of an expert pursuant to the prevailing law that if abortion is not carried out, the life of such a woman may be in danger or the physical or mental health may be deteriorated or a disabled child may be born.” |
Authorization in specially licensed facilities onlyYes 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. 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. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Police report required in case of rapeNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Parental consent required for minorsYes Can another adult consent in place of a parent?Yes Age where consent not needed
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 consentNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by a spouse may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
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Ultrasound images or listen to foetal heartbeat requiredNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Regulatory, policy and programmatic barriers, one example of which is the requirement for mandatory ultrasound prior to abortion, that hinder access to and timely provision of safe abortion care should be removed. Safe Abortion Guidelines, Executive Summary, Box 7 - Recommendation.
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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.
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Compulsory waiting periodNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should consider eliminating waiting periods that are not medically required, and expanding services to serve all eligible women promptly. Safe Abortion Guidelines, § 4.2.2.6.
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Mandatory HIV screening testNo 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. 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 abortionYes 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 publicNo Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should refrain from limiting access to means of maintaining sexual and reproductive health, including censoring, withholding or intentionally misrepresenting health-related information. Safe Abortion Guidelines, § 4.2.2.7.
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List of restrictionsNo one shall commit or cause to be committed an act to identify (determine) the gender of the fetus for the purpose of committing the offence of abortion. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
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Other |
| Country | National guidelines for induced abortion |
Methods allowed |
Country recognized approval (mifepristone / mife-misoprostol) |
Country recognized approval (misoprostol) |
Where can abortion services be provided |
National guidelines for post-abortion care |
Where can post abortion care services be provided |
Contraception included in post-abortion care |
Insurance to offset end user costs |
Who can provide abortion services |
Extra facility/provider requirements for delivery of abortion services |
|---|---|---|---|---|---|---|---|---|---|---|---|
Nepal |
National guidelines for induced abortionYes, guidelines issued by a professional body or non-governmental organization that are endorsed by the government WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
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Methods allowedVacuum aspirationYes (12 WEEKS) Dilatation and evacuationNot specified Combination mifepristone-misoprostolYes (9 WEEKS) Misoprostol onlyNot specified Other (where provided)WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Vacuum aspiration is the recommended technique of surgical abortion for pregnancies of up to 12 to 14 weeks of gestation. The procedure should not be routinely completed by dilatation and sharp curettage (D&C). Safe Abortion Guidelines, Executive Summary, Box 1- Recommendation.
Dilatation and evacuation (D&E) and medical methods (mifepristone and misoprostol; misoprostol alone) are both recommended methods for abortion for gestations over 12 to 14 weeks. Safe Abortion Guidelines, Executive Summary, Box 3- Recommendation.
The recommended method for medical abortion is mifepristone followed by misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
Where mifepristone is not available, the recommended method for medical abortion is misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
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Country recognized approval (mifepristone / mife-misoprostol)Yes Related documents:Pharmacy selling or distributionNot 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
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.
Additional notesThe National List of Essential Medicines states that Mifepristone and Misoprostol in combination "requires close medical supervision" and is "approved for abortion services only in listed sites.” |
Country recognized approval (misoprostol)Yes, indications not specified 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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Where can abortion services be providedRelated documents:Primary health-care centresNot specified Secondary (district-level) health-care facilitiesNot specified Specialized abortion care public facilitiesNot specified Private health-care centres or clinicsYes NGO health-care centres or clinicsYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion services should be available at primary-care level, with referral systems in place for all required higher-level care. Safe Abortion Guidelines, Executive Summary, Box 6- Recommendation.
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National guidelines for post-abortion careYes, guidelines issued by the government WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
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Where can post abortion care services be providedPrimary health-care centresYes Secondary (district-level) health-care facilitiesYes Specialized abortion care public facilitiesNot specified Private health-care centres or clinicsYes NGO health-care centres or clinicsYes Other (if applicable)Health facilities which fulfil criteria to be certified as PAC sites. 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
Insurance to offset end user costsNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Financing of abortion services should take into account costs to the health system while ensuring that services are affordable and readily available to all women who need them. Safe Abortion Guidelines, Executive Summary, Box 6 - Recommendation. Abortion services should be mandated for coverage under insurance plans; women should never be denied or delayed because of the inability to pay. Safe Abortion Guidelines, § 3.6.2.
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Who can provide abortion servicesNurseYes Midwife/nurse-midwifeNot specified Doctor (specialty not specified)Yes Specialist doctor, including OB/GYNYes Other (if applicable)Senior Auxiliary Nurse Midwives WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Subject to gestational age and method, abortion care can be safely provided by any properly trained health-care provider, including specialist doctors, non-specialist doctors; associate and advanced associate clinicians; midwives; and nurses. Health Worker Roles in Safe Abortion Care, p 33- Recommendation.
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Extra facility/provider requirements for delivery of abortion servicesReferral linkages to a higher-level facilityYes Availability of a specialist doctor, including OB/GYNNot specified Minimum number of bedsNot specified Other (if applicable)Minimum for MVA service delivery 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 |
|---|---|---|---|---|---|---|---|---|
Nepal |
Public sector providersNo Related documents:Individual health-care providers who have objected are required to refer the woman to another providerYes Conscientious objection is only permitted when the woman's life or health are not in danger. 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 notesConscientious objection is only permitted when the woman's life or health are not in danger. |
Private sector providersYes Related documents:Individual health-care providers who have objected are required to refer the woman to another providerYes Conscientious objection is only permitted when the woman's life or health are not in danger. 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 notesConscientious objection is only permitted when the woman's life or health are not in danger. |
Provider type not specifiedNo Related documents:Individual health-care providers who have objected are required to refer the woman to another providerYes Conscientious objection is only permitted when the woman's life or health are not in danger. 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 notesConscientious objection is only permitted when the woman's life or health are not in danger. |
Neither Type of Provider PermittedNo Related documents:Individual health-care providers who have objected are required to refer the woman to another providerYes Conscientious objection is only permitted when the woman's life or health are not in danger. 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 notesConscientious objection is only permitted when the woman's life or health are not in danger. |
Public facilitiesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Private facilitiesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Facility type not specifiedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Neither Type of Facility PermittedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Concluding Observations issued by respective treaty bodies and selected extracts related to abortion.
| Country | CAT |
CEDAW |
CERD |
CESCR |
CRC |
CRPD |
HRC |
IE HAIT |
SR HEALTH |
SR TORTURE |
SR VAW |
WG-DWLP |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Nepal |
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CEDAW“The Committee welcomes the adoption of a four-point resolution to end violence against women and girls. It is concerned, however, at: (…) (c) The restrictive definition of rape in the Penal Code, the absence of provisions on war crimes in the legislation of the State party and the lack of concrete measures to prevent sexual violence, including rape and forced abortion. The Committee recommends that the State party, in line with its General Recommendation No. 35 (2017) on gender-based violence against women, updating General Recommendation No. 19: (c) Amend provisions of the Penal Code to recognize sexual violence, including rape and forced abortion, as a form of torture and bring the definition of rape in line with the Rome Statute, in line with commitments made at the second cycle of the Universal Periodic Review (A/HRC/31/9, paras. 121.8-9 and 122.13).”
“The Committee welcomes the Aama programme for free delivery services and the decrease in the maternal mortality rate. However, it is deeply concerned about the low access to basic medical care, in particular by women living in poverty, rural women and women with disabilities; the persistence of an extremely high maternal mortality and morbidity rate, in particular among rural, poor and young mothers; the challenges in accessing delivery services, especially emergency obstetric care; poor nutrition, which is strongly correlated with higher risks of maternal mortality and morbidity; the high prevalence of uterine prolapse despite efforts of the State party to provide corrective surgery; the high rate of unsafe abortion, in particular for women living in poverty, women from rural villages and women from marginalized communities within urban areas, in spite of the legalization of abortion in 2002; the lack of access to family planning and the unmet need for contraception, in particular among rural women, adolescents, poor women and women with disabilities; and the lack of data on HIV prevalence among pregnant women. The Committee recommends that the State party: (…) (f) Improve access to abortion services throughout the country;”
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CESCR“The Committee is concerned that, in spite of the positive interventions by the State party to improve maternity services and neonatal care, approximately 5 per cent of maternal deaths are caused by unsafe abortions or antepartum hemorrhage, owing to low awareness of the legality of abortion and the existence of safe abortion services as well as the lack of access to trained health assistants and adequate services, which leads many women, in particular those living in rural areas and from disadvantaged and marginalized groups, to seek unsafe abortions. The Committee is further concerned that uterine prolapse is common even among women under 30 years of age, resulting, inter alia, from lack of adequate sexual and reproductive health care (art. 12). The Committee recommends that the State party: (a) Conduct dissemination campaigns on the legality of abortion in the State party; (b) Ensure access to sexual and reproductive health services and to safe abortion services; (c) Provide adequate training to health assistants; (...) The State party is encouraged to consider the technical guidance on the application of a human rights-based approach to the implementation of policies and programmes to reduce preventable maternal mortality and morbidity produced by OHCHR (A/HRC/21/22).”
“The Committee notes with deep concern the high rates of maternal mortality, especially in rural areas, owing mainly to unsafe and illegal abortions, and that female life expectancy in Nepal is lower than male life expectancy. The Committee notes with alarm that abortion is absolutely illegal and is considered a criminal offence, punishable by severe sentences, and cannot be carried out even when pregnancy is life threatening or the result of incest or rape. The Committee also regrets the fact that the reproductive and sexual health programmes are not implemented because of lack of financial resources. (…) The Committee urges the State party to take remedial action to address the problems of clandestine abortions, unwanted pregnancies and the high rate of maternal mortality. In this regard, the Committee urges the State party to reinforce reproductive and sexual health programmes, in particular in rural areas, and to allow abortion when pregnancies are life threatening or a result of rape or incest.”
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CRC“The Committee welcomes the 2015 upgrading of health facilities across the State party to provide adolescent-friendly clinics with confidential counselling and services related to reproductive health issues. However, the Committee remains concerned about the high rate of early pregnancy, the low rate of practice of birth control and the resulting vulnerability to sexually transmitted infections and HIV, and poor awareness of safe abortion practices.”
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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 |
|---|---|---|---|---|---|---|
Nepal |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesNumber 28.464 Any person who commits abortion or causes abortion by doing any act with intention or knowingly or with sufficient reasons to believe that such an act is likely to cause an abortion shall be punished as follows: Imprisonment for a term of one year in case the fetus is up to Twelve weeks...........................1 Imprisonment for a term of Three years in case the fetus is up to Five weeks............................1 Imprisonment for a term of five years in case the fetus is above Twenty Five weeks.....................1 Number 28A.465 No one shall cause abortion upon causing coercion, threat, lure or offer (Pralovan) to a pregnant woman. In cases where a person causes abortion in that manner, the person shall be liable to the following punishment: Imprisonment for a term of one year in case the fetus is up to Twelve weeks........ 1 Imprisonment for a term of three years in case the fetus is up to Twenty Five weeks...........1 Imprisonment for a term of Five years in case the fetus is above than Twenty Five weeks..............................1 Number 28B.466 Notwithstanding anything contained in Number 28 of this Chapter, if an abortion is carried out by a qualified and registered health worker upon fulfilling the procedures as prescribed by the Government of Nepal, it shall not be deemed to be the offence of abortion, in the following circumstance: If the abortion of a fetus of up to Twelve weeks is carried out with the consent of the pregnant woman........1 If the abortion of a fetus of up to Eighteen weeks caused by rape or incest is carried out with the consent of the pregnant woman................................2 If the abortion is carried out with the consent of the pregnant woman and on the advice of an expert pursuant to the prevailing law that if abortion is not carried out, the life of such a woman may be in danger or the physical or mental health may be deteriorated or a disabled child may be born...........3 28C467 No one shall commit or cause to be committed an act to identify (determine) the gender of the fetus for the purpose of committing the offence of abortion. A person who commits this offence shall be liable the punishment of imprisonment for a term ranging from Three months to Six months. 465 Amended by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063. 466 Inserted by the Eleventh Amendment. 467 Inserted by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063. A person who commits, or causes to be committed, abortion upon identifying the gender of the fetus as referred to in Number 28C, the person shall be liable to the punishment of imprisonment for a term ranging from Six months to Two years. If a person commits an act to a pregnant woman with some anger or malice (Rishibi)and such an act results in abortion, the person shall be liable to punishment despite that such act has not been done with intention to cause abortion. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesNumber 28. Any person who commits abortion or causes abortion by doing any act with intention or knowingly or with sufficient reasons to believe that such an act is likely to cause an abortion shall be punished as follows: Imprisonment for a term of one year in case the fetus is up to Twelve weeks. Imprisonment for a term of Three years in case the fetus is up to Five weeks. Imprisonment for a term of five years in case the fetus is above Twenty Five weeks. Number 28A. No one shall cause abortion upon causing coercion, threat, lure or offer (Pralovan) to a pregnant woman. In cases where a person causes abortion in that manner, the person shall be liable to the following punishment: Imprisonment for a term of one year in case the fetus is up to Twelve weeks. Imprisonment for a term of three years in case the fetus is up to Twenty Five weeks. Imprisonment for a term of Five years in case the fetus is above than Twenty Five weeks. Number 28B. Notwithstanding anything contained in Number 28 of this Chapter, if an abortion is carried out by a qualified and registered health worker upon fulfilling the procedures as prescribed by the Government of Nepal, it shall not be deemed to be the offence of abortion, in the following circumstance: If the abortion of a fetus of up to Twelve weeks is carried out with the consent of the pregnant woman. If the abortion of a fetus of up to Eighteen weeks caused by rape or incest is carried out with the consent of the pregnant woman. If the abortion is carried out with the consent of the pregnant woman and on the advice of an expert pursuant to the prevailing law that if abortion is not carried out, the life of such a woman may be in danger or the physical or mental health may be deteriorated or a disabled child may be born...........3 28C No one shall commit or cause to be committed an act to identify (determine) the gender of the fetus for the purpose of committing the offence of abortion. A person who commits this offence shall be liable the punishment of imprisonment for a term ranging from Three months to Six months. Number 28D. A person who commits, or causes to be committed, abortion upon identifying the gender of the fetus as referred to in Number 28C, the person shall be liable to the punishment of imprisonment for a term ranging from Six months to Two years. Number 29. If a person commits an act to a pregnant woman with some anger or malice (Rishibi) and such an act results in abortion, the person shall be liable to punishment despite that such act has not been done with intention to cause abortion. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesNumber 28. Any person who commits abortion or causes abortion by doing any act with intention or knowingly or with sufficient reasons to believe that such an act is likely to cause an abortion shall be punished as follows: Imprisonment for a term of one year in case the fetus is up to Twelve weeks. Imprisonment for a term of Three years in case the fetus is up to Five weeks. Imprisonment for a term of five years in case the fetus is above Twenty Five weeks. Number 28A. No one shall cause abortion upon causing coercion, threat, lure or offer (Pralovan) to a pregnant woman. In cases where a person causes abortion in that manner, the person shall be liable to the following punishment: Imprisonment for a term of one year in case the fetus is up to Twelve weeks. Imprisonment for a term of three years in case the fetus is up to Twenty Five weeks. Imprisonment for a term of Five years in case the fetus is above than Twenty Five weeks. Number 28B. Notwithstanding anything contained in Number 28 of this Chapter, if an abortion is carried out by a qualified and registered health worker upon fulfilling the procedures as prescribed by the Government of Nepal, it shall not be deemed to be the offence of abortion, in the following circumstance: If the abortion of a fetus of up to Twelve weeks is carried out with the consent of the pregnant woman. If the abortion of a fetus of up to Eighteen weeks caused by rape or incest is carried out with the consent of the pregnant woman. If the abortion is carried out with the consent of the pregnant woman and on the advice of an expert pursuant to the prevailing law that if abortion is not carried out, the life of such a woman may be in danger or the physical or mental health may be deteriorated or a disabled child may be born...........3 28C No one shall commit or cause to be committed an act to identify (determine) the gender of the fetus for the purpose of committing the offence of abortion. A person who commits this offence shall be liable the punishment of imprisonment for a term ranging from Three months to Six months. Number 28D. A person who commits, or causes to be committed, abortion upon identifying the gender of the fetus as referred to in Number 28C, the person shall be liable to the punishment of imprisonment for a term ranging from Six months to Two years. Number 29. If a person commits an act to a pregnant woman with some anger or malice (Rishibi) and such an act results in abortion, the person shall be liable to punishment despite that such act has not been done with intention to cause abortion. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesNumber 28A. No one shall cause abortion upon causing coercion, threat, lure or offer (Pralovan) to a pregnant woman. In cases where a person causes abortion in that manner, the person shall be liable to the following punishment: Imprisonment for a term of one year in case the fetus is up to Twelve weeks. Imprisonment for a term of three years in case the fetus is up to Twenty Five weeks. Imprisonment for a term of Five years in case the fetus is above than Twenty Five weeks. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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