Global Abortion Policies Database
A tool to expand knowledge, encourage transparency, and promote accountability.
| Country or Region | |
|---|---|
Niger |
No
Read more On requestNo Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. This legal ground recognizes a woman’s free choice. Safe Abortion Guidelines, § 4.2.1.6.
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| Country | Economic or social reasons |
Foetal impairment |
Rape |
Incest |
Intellectual or cognitive disability of the woman |
Mental health |
Physical health |
Health |
Life |
Other |
|---|---|---|---|---|---|---|---|---|---|---|
Niger |
Economic or social reasonsNo Related documents: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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Gestational limit appliesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. 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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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
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Intellectual or cognitive disability of the womanNo Related documents: |
Mental healthNo Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The scope of mental health includes psychological distress or mental suffering caused by, for example, coerced or forced sexual acts and diagnosis of severe fetal impairment. Safe Abortion Guidelines, § 4.2.1.2.
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Physical healthNo Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Physical health is widely understood to include conditions that aggravate pregnancy and those aggravated by pregnancy. Safe Abortion Guidelines, § 4.2.1.2.
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Gestational limit appliesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The fulfillment of human rights requires that women can access safe abortion when it is indicated to protect their health. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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Gestational limit appliesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The human right to life requires protection by law, including when pregnancy is life-threatening or a pregnant woman’s life is otherwise endangered. Both medical and social conditions can constitute life-threatening conditions. Safe Abortion Guidelines, § 4.2.1.1.
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 CEDEAO/ECOWAS Harmonised Code of Ethics and Practice (2013) (which has no indication of being an official government document) states in Article 21 in Section I (general duties of practitioners): "Voluntary interruption of pregnancy cannot be practiced unless otherwise provided for by law. However, the practitioner is always free to refuse to perform such an act, but he should inform the person concerned of the condition and month of pregnancy as provided for by law." However, in Section V which deals with practitioners' duties towards patients, the Code states in Article 141: "A therapeutic abortion may be performed if the intervention is the only means to save the life of the mother. When the safety of the mother that is seriously threatened requires a termination of pregnancy or the utilization of a therapeutic intervention that is capable of interrupting the pregnancy, the practitioner must consult at least two other doctors chosen for their competence, who, after review of the case, should jointly make a decision. A copy of the report of the consultation should be given to the patient and a copy kept by each of the two consultants. Also a memorandum of the decision that does not mention the name of the patient must be sent by registered mail to the Council. If there is a therapeutic indication for the termination of pregnancy, the practitioner must yield to any refusal by the patient who is duly informed. This rule does not apply in the case of emergency and when the patient is incapable of giving consent." The Code of Ethics is accessible at: http://www.medecins.ci/documents/Code-Harmonise-CEDEAO.pdf. |
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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Niger |
Authorization of health professional(s)Yes Related documents:Number and cadre of health-care professional authorizations required
The number of doctors within the group providing authorisation is Not Specified. The CEDEAO/ECOWAS Harmonised Code of Ethics and Practice (2013) (which has no indication of being an official government document) states in Article 21 in Section I (general duties of practitioners): "Voluntary interruption of pregnancy cannot be practiced unless otherwise provided for by law. However, the practitioner is always free to refuse to perform such an act, but he should inform the person concerned of the condition and month of pregnancy as provided for by law." However, in Section V which deals with practitioners' duties towards patients, the Code states in Article 141: "A therapeutic abortion may be performed if the intervention is the only means to save the life of the mother. When the safety of the mother that is seriously threatened requires a termination of pregnancy or the utilization of a therapeutic intervention that is capable of interrupting the pregnancy, the practitioner must consult at least two other doctors chosen for their competence, who, after review of the case, should jointly make a decision. A copy of the report of the consultation should be given to the patient and a copy kept by each of the two consultants. Also a memorandum of the decision that does not mention the name of the patient must be sent by registered mail to the Council. If there is a therapeutic indication for the termination of pregnancy, the practitioner must yield to any refusal by the patient who is duly informed. This rule does not apply in the case of emergency and when the patient is incapable of giving consent." The Code of Ethics is accessible at: http://www.medecins.ci/documents/Code-Harmonise-CEDEAO.pdf. 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 number of doctors within the group providing authorisation is Not Specified. The CEDEAO/ECOWAS Harmonised Code of Ethics and Practice (2013) (which has no indication of being an official government document) states in Article 21 in Section I (general duties of practitioners): "Voluntary interruption of pregnancy cannot be practiced unless otherwise provided for by law. However, the practitioner is always free to refuse to perform such an act, but he should inform the person concerned of the condition and month of pregnancy as provided for by law." However, in Section V which deals with practitioners' duties towards patients, the Code states in Article 141: "A therapeutic abortion may be performed if the intervention is the only means to save the life of the mother. When the safety of the mother that is seriously threatened requires a termination of pregnancy or the utilization of a therapeutic intervention that is capable of interrupting the pregnancy, the practitioner must consult at least two other doctors chosen for their competence, who, after review of the case, should jointly make a decision. A copy of the report of the consultation should be given to the patient and a copy kept by each of the two consultants. Also a memorandum of the decision that does not mention the name of the patient must be sent by registered mail to the Council. If there is a therapeutic indication for the termination of pregnancy, the practitioner must yield to any refusal by the patient who is duly informed. This rule does not apply in the case of emergency and when the patient is incapable of giving consent." The Code of Ethics is accessible at: http://www.medecins.ci/documents/Code-Harmonise-CEDEAO.pdf. |
Authorization in specially licensed facilities onlyNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Restrictions on the range of providers or facilities that are authorized to provide abortion reduce the availability of services and their equitable geographic distribution. Safe Abortion Guidelines, § 4.2.2.4.
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Judicial authorization for minorsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. Safe Abortion Guidelines, § 4.2.2.
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Judicial authorization in cases of rapenot applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Police report required in case of rapenot applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Parental consent required for minorsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by parents may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
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Spousal consentNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by a spouse may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
Additional notesThe Reproductive Health Law stipulates that abortions are to be undertaken following the "express wish of the couple." Related documents: |
Ultrasound images or listen to foetal heartbeat requiredNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Regulatory, policy and programmatic barriers, one example of which is the requirement for mandatory ultrasound prior to abortion, that hinder access to and timely provision of safe abortion care should be removed. Safe Abortion Guidelines, Executive Summary, Box 7 - Recommendation.
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Compulsory counsellingNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Many women have made a decision to have an abortion before seeking care, and this decision should be respected without subjecting a woman to mandatory counselling. Provision of counselling to women who desire it should be voluntary, confidential, non-directive and by a trained person. Safe Abortion Guidelines, § 2.1.8.1.
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Compulsory waiting periodNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should consider eliminating waiting periods that are not medically required, and expanding services to serve all eligible women promptly. Safe Abortion Guidelines, § 4.2.2.6.
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Mandatory HIV screening testNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
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Other mandatory STI screening testsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
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Prohibition of sex-selective abortionNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. In situations where abortion is restricted for sex selection purposes, terminating a pregnancy for this reason is likely to involve an unsafe procedure carrying high risks. Any policies or guidelines on the use of technology in obstetric and fetal medicine should take into account the need to ensure women’s access to safe abortion and other services - efforts to manage or limit sex selection should also not hamper or limit access to safe abortion services. Preventing gender-biased sex selection: an interagency statement, p 10 - Recommendation.
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Restrictions on information provided to the publicYes Related documents:List of restrictionsArt. 296. - Doctors, midwives, surgeons, dentists, pharmacists, and medical students, pharmacy students or employees, herborists, merchants of surgical instruments, nurses, masseurs, who have recommended, encouraged or practiced the means of procuring abortion, will be sentenced to the penalties provided in paragraphs 1 and 2 of the previous article. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should refrain from limiting access to means of maintaining sexual and reproductive health, including censoring, withholding or intentionally misrepresenting health-related information. Safe Abortion Guidelines, § 4.2.2.7.
Additional notesThe CEDEAO/ECOWAS Harmonised Code of Ethics and Practice (2013) (which has no indication of being an official government document) states in Article 141 in Section V (practitioners' duties towards patients): "A practitioner who procures, assists, encourages, incites, solicits or attempts to perform an illegal abortion is liable to prosecution without prejudice to disciplinary sanctions.” The Code of Ethics is accessible at: http://www.medecins.ci/documents/Code-Harmonise-CEDEAO.pdf. |
No data
Restrictions on methods to detect sex of the foetusNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
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Other |
| Country | National guidelines for induced abortion |
Methods allowed |
Country recognized approval (mifepristone / mife-misoprostol) |
Country recognized approval (misoprostol) |
Where can abortion services be provided |
National guidelines for post-abortion care |
Where can post abortion care services be provided |
Contraception included in post-abortion care |
Insurance to offset end user costs |
Who can provide abortion services |
Extra facility/provider requirements for delivery of abortion services |
|---|---|---|---|---|---|---|---|---|---|---|---|
Niger |
No data
National guidelines for induced abortionNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
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Methods allowedVacuum aspirationNo data found Dilatation and evacuationNo data found Combination mifepristone-misoprostolNo data found Misoprostol onlyNo data found Other (where provided)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Vacuum aspiration is the recommended technique of surgical abortion for pregnancies of up to 12 to 14 weeks of gestation. The procedure should not be routinely completed by dilatation and sharp curettage (D&C). Safe Abortion Guidelines, Executive Summary, Box 1- Recommendation.
Dilatation and evacuation (D&E) and medical methods (mifepristone and misoprostol; misoprostol alone) are both recommended methods for abortion for gestations over 12 to 14 weeks. Safe Abortion Guidelines, Executive Summary, Box 3- Recommendation.
The recommended method for medical abortion is mifepristone followed by misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
Where mifepristone is not available, the recommended method for medical abortion is misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
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Country recognized approval (mifepristone / mife-misoprostol)No Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
Chemists/pharmacists can help women avoid unintended pregnancy through provision of accurate contraceptive information, pregnancy tests, contraceptive methods and referral to safe abortion services. Safe Abortion Guidelines, § 3.3.1.1.
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Country recognized approval (misoprostol)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
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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 clinicsNot specified NGO health-care centres or clinicsNot specified Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion services should be available at primary-care level, with referral systems in place for all required higher-level care. Safe Abortion Guidelines, Executive Summary, Box 6- Recommendation.
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No data
National guidelines for post-abortion careNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
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Where can post abortion care services be providedPrimary health-care centresNo data found Secondary (district-level) health-care facilitiesNo data found Specialized abortion care public facilitiesNo data found Private health-care centres or clinicsNo data found NGO health-care centres or clinicsNo data found Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The facilities and skills required to manage most abortion complications are similar to those needed to care for women who have had a spontaneous abortion (miscarriage). Safe Abortion Guidelines § 2.2.6.
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No data
Contraception included in post-abortion careNo data found 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 Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Financing of abortion services should take into account costs to the health system while ensuring that services are affordable and readily available to all women who need them. Safe Abortion Guidelines, Executive Summary, Box 6 - Recommendation. Abortion services should be mandated for coverage under insurance plans; women should never be denied or delayed because of the inability to pay. Safe Abortion Guidelines, § 3.6.2.
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Who can provide abortion servicesRelated documents:NurseNot specified Midwife/nurse-midwifeNot specified Doctor (specialty not specified)Not specified The CEDEAO/ECOWAS Harmonised Code of Ethics and Practice (2013) (which has no indication of being an official government document) states in Article 21 in Section I (general duties of practitioners): "Voluntary interruption of pregnancy cannot be practiced unless otherwise provided for by law. However, the practitioner is always free to refuse to perform such an act, but he should inform the person concerned of the condition and month of pregnancy as provided for by law." However, in Section V which deals with practitioners' duties towards patients, the Code states in Article 141: "A therapeutic abortion may be performed if the intervention is the only means to save the life of the mother. When the safety of the mother that is seriously threatened requires a termination of pregnancy or the utilization of a therapeutic intervention that is capable of interrupting the pregnancy, the practitioner must consult at least two other doctors chosen for their competence, who, after review of the case, should jointly make a decision. A copy of the report of the consultation should be given to the patient and a copy kept by each of the two consultants. Also a memorandum of the decision that does not mention the name of the patient must be sent by registered mail to the Council. If there is a therapeutic indication for the termination of pregnancy, the practitioner must yield to any refusal by the patient who is duly informed. This rule does not apply in the case of emergency and when the patient is incapable of giving consent." The Code of Ethics is accessible at: http://www.medecins.ci/documents/Code-Harmonise-CEDEAO.pdf. Specialist doctor, including OB/GYNNot specified The CEDEAO/ECOWAS Harmonised Code of Ethics and Practice (2013) (which has no indication of being an official government document) states in Article 21 in Section I (general duties of practitioners): "Voluntary interruption of pregnancy cannot be practiced unless otherwise provided for by law. However, the practitioner is always free to refuse to perform such an act, but he should inform the person concerned of the condition and month of pregnancy as provided for by law." However, in Section V which deals with practitioners' duties towards patients, the Code states in Article 141: "A therapeutic abortion may be performed if the intervention is the only means to save the life of the mother. When the safety of the mother that is seriously threatened requires a termination of pregnancy or the utilization of a therapeutic intervention that is capable of interrupting the pregnancy, the practitioner must consult at least two other doctors chosen for their competence, who, after review of the case, should jointly make a decision. A copy of the report of the consultation should be given to the patient and a copy kept by each of the two consultants. Also a memorandum of the decision that does not mention the name of the patient must be sent by registered mail to the Council. If there is a therapeutic indication for the termination of pregnancy, the practitioner must yield to any refusal by the patient who is duly informed. This rule does not apply in the case of emergency and when the patient is incapable of giving consent." The Code of Ethics is accessible at: http://www.medecins.ci/documents/Code-Harmonise-CEDEAO.pdf. Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Subject to gestational age and method, abortion care can be safely provided by any properly trained health-care provider, including specialist doctors, non-specialist doctors; associate and advanced associate clinicians; midwives; and nurses. Health Worker Roles in Safe Abortion Care, p 33- Recommendation.
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Extra facility/provider requirements for delivery of abortion servicesReferral linkages to a higher-level facilityNot specified Availability of a specialist doctor, including OB/GYNNot specified Minimum number of bedsNot specified Other (if applicable)WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion facilities within both the public and private sectors should be available at all levels of the health system, with appropriate referral mechanisms between facilities. Safe Abortion Guidelines, § 3.3.1.
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| Country | Public sector providers |
Private sector providers |
Provider type not specified |
Neither Type of Provider Permitted |
Public facilities |
Private facilities |
Facility type not specified |
Neither Type of Facility Permitted |
|---|---|---|---|---|---|---|---|---|
Niger |
Public sector providersNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesThe CEDEAO/ECOWAS Harmonised Code of Ethics and Practice (2013) (which has no indication of being an official government document) states in Article 21 in Section I (general duties of practitioners): "Voluntary interruption of pregnancy cannot be practiced unless otherwise provided for by law. However, the practitioner is always free to refuse to perform such an act, but he should inform the person concerned of the condition and month of pregnancy as provided for by law." In addition, Article 141 in Section V (practitioners' duties towards patients) states: “If the practitioner considers that his conviction does not allow him to advise or perform an abortion, he may withdraw while ensuring the continuity of care by a qualified colleague.” The Code of Ethics is accessible at: http://www.medecins.ci/documents/Code-Harmonise-CEDEAO.pdf. |
Private sector providersNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesThe CEDEAO/ECOWAS Harmonised Code of Ethics and Practice (2013) (which has no indication of being an official government document) states in Article 21 in Section I (general duties of practitioners): "Voluntary interruption of pregnancy cannot be practiced unless otherwise provided for by law. However, the practitioner is always free to refuse to perform such an act, but he should inform the person concerned of the condition and month of pregnancy as provided for by law." In addition, Article 141 in Section V (practitioners' duties towards patients) states: “If the practitioner considers that his conviction does not allow him to advise or perform an abortion, he may withdraw while ensuring the continuity of care by a qualified colleague.” The Code of Ethics is accessible at: http://www.medecins.ci/documents/Code-Harmonise-CEDEAO.pdf. |
Provider type not specifiedNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesThe CEDEAO/ECOWAS Harmonised Code of Ethics and Practice (2013) (which has no indication of being an official government document) states in Article 21 in Section I (general duties of practitioners): "Voluntary interruption of pregnancy cannot be practiced unless otherwise provided for by law. However, the practitioner is always free to refuse to perform such an act, but he should inform the person concerned of the condition and month of pregnancy as provided for by law." In addition, Article 141 in Section V (practitioners' duties towards patients) states: “If the practitioner considers that his conviction does not allow him to advise or perform an abortion, he may withdraw while ensuring the continuity of care by a qualified colleague.” The Code of Ethics is accessible at: http://www.medecins.ci/documents/Code-Harmonise-CEDEAO.pdf. |
Neither Type of Provider PermittedNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesThe CEDEAO/ECOWAS Harmonised Code of Ethics and Practice (2013) (which has no indication of being an official government document) states in Article 21 in Section I (general duties of practitioners): "Voluntary interruption of pregnancy cannot be practiced unless otherwise provided for by law. However, the practitioner is always free to refuse to perform such an act, but he should inform the person concerned of the condition and month of pregnancy as provided for by law." In addition, Article 141 in Section V (practitioners' duties towards patients) states: “If the practitioner considers that his conviction does not allow him to advise or perform an abortion, he may withdraw while ensuring the continuity of care by a qualified colleague.” The Code of Ethics is accessible at: http://www.medecins.ci/documents/Code-Harmonise-CEDEAO.pdf. |
No data
Public facilitiesNo data found 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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No data
Private facilitiesNo data found 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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No data
Facility type not specifiedNo data found 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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No data
Neither Type of Facility PermittedNo data found 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 |
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Niger |
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HRC“The Committee is concerned about article 295 of the Criminal Code, which punishes the use of abortion except in the limited circumstances provided for under Act No. 2006-16 of 21 June 2006 on reproductive health. It is concerned that such restrictions drive women to turn to unsafe back-street abortions under conditions that put their lives and health in danger. The Committee is further concerned that, despite significant improvements, child and maternal mortality remain very high, particularly in rural areas, and that the health sector remains underfunded (arts. 3, 6, 7, 17 and 26). [….] The State party should amend its legislation to provide safe access to abortion to protect the lives and health of pregnant women and girls, particularly in situations in which carrying a pregnancy to term would cause the woman substantial suffering or in which the pregnancy is the result of rape or incest or is not viable. Furthermore, it should ensure that women and girls who have abortions, and the physicians assisting them, are not subject to criminal penalties. The State party should also ensure access to adequate sexual and reproductive health-care services, contraception and education for all men, women and adolescents in the country. Lastly, it should continue its efforts to promote reproductive health, particularly the implementation of the Health Development Plan for 2017–2021, including in rural and remote areas, through the mobilization of adequate resources for that purpose. “
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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 |
|---|---|---|---|---|---|---|
Niger |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesChapter IX. -ABORTION Art. 295. Any person who, by means of food, beverages, drugs, maneuvers, violence or by any other means, has procured or attempted to procure the abortion of a pregnant woman or a presumed pregnant woman, whether she has consented or not, will be punished Imprisonment of one to five years and a fine of 50,000 to 500,000 francs. (Law No. 2003-25 of 13 June 2003). The term of imprisonment shall be five to less than ten years if it is established that the offender has habitually committed the acts referred to in the preceding paragraph or if the victim is a minor under the age of 16 years. The woman who procures the abortion for herself or attempts to procure it, or who has agreed to have an abortion, shall be punished with imprisonment of six months to two years and a fine of 20,000 to 200,000 francs. Means indicated or administered for that purpose. Art. 296. - Physicians, midwives, surgeons, dentists, pharmacies, as well as medical students, students or employees in pharmacies, herbalists, bandagists, surgical instrument dealers, nurses, masseurs, who have recommended, favored or practiced abortion, shall be sentenced to the penalties provided for in paragraphs 1 and 2 of the preceding article. Suspension for at least five years or the absolute incapacity of the exercise of their profession shall also be pronounced against the guilty parties. Any person who contravenes the prohibition of his profession pronounced under the preceding paragraph shall be punished with imprisonment of six months to two years and a fine of 50,000 to 500,000 francs or one of these two penalties only. Art. 297. In the cases provided for in paragraphs 1 and 2 of article 295 and in article 296, the guilty person may also be prohibited from resuming the practice of his/her profession. 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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PenaltiesChapter IX. -ABORTION Art. 295. Any person who, by means of food, beverages, drugs, maneuvers, violence or by any other means, has procured or attempted to procure the abortion of a pregnant woman or a presumed pregnant woman, whether she has consented or not, will be punished Imprisonment of one to five years and a fine of 50,000 to 500,000 francs. (Law No. 2003-25 of 13 June 2003). The term of imprisonment shall be five to less than ten years if it is established that the offender has habitually committed the acts referred to in the preceding paragraph or if the victim is a minor under the age of 16 years. The woman who procures the abortion for herself or attempts to procure it, or who has agreed to have an abortion, shall be punished with imprisonment of six months to two years and a fine of 20,000 to 200,000 francs. Means indicated or administered for that purpose. Art. 296. - Physicians, midwives, surgeons, dentists, pharmacies, as well as medical students, students or employees in pharmacies, herbalists, bandagists, surgical instrument dealers, nurses, masseurs, who have recommended, favored or practiced abortion, shall be sentenced to the penalties provided for in paragraphs 1 and 2 of the preceding article. Suspension for at least five years or the absolute incapacity of the exercise of their profession shall also be pronounced against the guilty parties. Any person who contravenes the prohibition of his profession pronounced under the preceding paragraph shall be punished with imprisonment of six months to two years and a fine of 50,000 to 500,000 francs or one of these two penalties only. Art. 297. In the cases provided for in paragraphs 1 and 2 of article 295 and in article 296, the guilty person may also be prohibited from resuming the practice of his/her profession. 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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PenaltiesChapter IX. -ABORTION Art. 295. Any person who, by means of food, beverages, drugs, maneuvers, violence or by any other means, has procured or attempted to procure the abortion of a pregnant woman or a presumed pregnant woman, whether she has consented or not, will be punished Imprisonment of one to five years and a fine of 50,000 to 500,000 francs. (Law No. 2003-25 of 13 June 2003). The term of imprisonment shall be five to less than ten years if it is established that the offender has habitually committed the acts referred to in the preceding paragraph or if the victim is a minor under the age of 16 years. The woman who procures the abortion for herself or attempts to procure it, or who has agreed to have an abortion, shall be punished with imprisonment of six months to two years and a fine of 20,000 to 200,000 francs. Means indicated or administered for that purpose. Art. 296. - Physicians, midwives, surgeons, dentists, pharmacies, as well as medical students, students or employees in pharmacies, herbalists, bandagists, surgical instrument dealers, nurses, masseurs, who have recommended, favored or practiced abortion, shall be sentenced to the penalties provided for in paragraphs 1 and 2 of the preceding article. Suspension for at least five years or the absolute incapacity of the exercise of their profession shall also be pronounced against the guilty parties. Any person who contravenes the prohibition of his profession pronounced under the preceding paragraph shall be punished with imprisonment of six months to two years and a fine of 50,000 to 500,000 francs or one of these two penalties only. Art. 297. In the cases provided for in paragraphs 1 and 2 of article 295 and in article 296, the guilty person may also be prohibited from resuming the practice of his/her profession. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesNone found |
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