Global Abortion Policies Database
A tool to expand knowledge, encourage transparency, and promote accountability.
| Country or Region | |
|---|---|
Peru |
No
Read more WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
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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 |
|---|---|---|---|---|---|---|---|---|---|---|
Peru |
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
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WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
Additional notesAbortion is criminalized in cases of pregnancy resulting from rape but carries a reduced sentence of three months in prison, instead of the minimum 1 year maximum 5 years when an abortion is obtained for other reasons. To be eligible to be considered for a reduced penalty the rape victim who obtained an illegal abortion must file an official complaint with the police and it must have been investigated and assessed. A reduced sentence of three months is also applicable to cases in which it is likely, based on a medical diagnosis, that the foetus when born will have grave physical or mental defects. |
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
Additional notesAbortion is criminalized in cases of pregnancy resulting from rape but carries a reduced sentence of three months in prison, instead of the minimum 1 year maximum 5 years when an abortion is obtained for other reasons. To be eligible to be considered for a reduced penalty the rape victim who obtained an illegal abortion must file an official complaint with the police and it must have been investigated and assessed. A reduced sentence of three months is also applicable to cases in which it is likely, based on a medical diagnosis, that the foetus when born will have grave physical or mental defects. |
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
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Mental healthYes Gestational limit
Therapeutic abortion is defined as "the interruption of a pregnancy under 22 weeks with the informed consent of the woman when it is the only means to save the life of the pregnant woman or to avoid serious and permanent damage to her physical and/or mental health." The Clinical Practice and Procedures Guide provides a list of indications in which therapeutic abortion should be considered. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
Additional notesTherapeutic abortion is defined as "the interruption of a pregnancy under 22 weeks with the informed consent of the woman when it is the only means to save the life of the pregnant woman or to avoid serious and permanent damage to her physical and/or mental health." The Clinical Practice and Procedures Guide provides a list of indications in which therapeutic abortion should be considered. |
Physical healthYes Gestational limit
Therapeutic abortion is defined as "the interruption of a pregnancy under 22 weeks with the informed consent of the woman when it is the only means to save the life of the pregnant woman or to avoid serious and permanent damage to her physical and/or mental health." The Clinical Practice and Procedures Guide provides a list of indications in which therapeutic abortion should be considered. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
Additional notesTherapeutic abortion is defined as "the interruption of a pregnancy under 22 weeks with the informed consent of the woman when it is the only means to save the life of the pregnant woman or to avoid serious and permanent damage to her physical and/or mental health." The Clinical Practice and Procedures Guide provides a list of indications in which therapeutic abortion should be considered. |
Gestational limit
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
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
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
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
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| 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Peru |
Authorization of health professional(s)Yes Number and cadre of health-care professional authorizations required
In case of a request for pregnant interruption, the Medical Board will be held to evaluate the case and decide whether or not the therapeutic interruption of the pregnancy is appropriate. The Medical Board will be made up of at least three doctors: two Gynecologists and Obstetricians and a specialist doctor related to the underlying pathology that affects the pregnant woman or an intensive care doctor; in the absence of the respective specialists, the Medical Board will be made up of three Gynecologists-obstetricians and require the report of the specialist doctor proposing the therapeutic abortion. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Third-party authorization requirements are incompatible with international human rights law, which provides that States may not restrict women’s access to health services on the ground that they do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried, or because they are women. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
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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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. To establish an enabling environment, there is a need for abortion care to be integrated into the health system across all levels (including primary, secondary and tertiary) – and supported in the community – to allow for expansion of health worker roles, including self-management approaches. To ensure both access to abortion and achievement of Universal Health Coverage (UHC), abortion must be centred within primary health care (PHC), which itself is fully integrated within the health system, facilitating referral pathways for higher-level care when needed. Abortion Care Guideline § 1.4.1.
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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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
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Judicial authorization in cases of rapeNot applicable WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. There shall be no procedural requirements to “prove” or “establish” satisfaction of grounds, such as requiring judicial orders or police reports in cases of rape or sexual assault (for sources to support this information). These restrictions subject the individual to unnecessary trauma, may put them at increased risk from the perpetrator, and may cause women to resort to unsafe abortion.
Additional notesAbortion is criminalized in cases of pregnancy resulting from rape but carries a reduced sentence of three months in prison, instead of the minimum 1 year maximum 5 years when an abortion is obtained for other reasons. To be eligible to be considered for a reduced penalty the rape victim who obtained an illegal abortion must file an official complaint with the police and it must have been investigated and assessed. A reduced sentence of three months is also applicable to cases in which it is likely, based on a medical diagnosis, that the foetus when born will have grave physical or mental defects. Related documents: |
Police report required in case of rapeNot applicable WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. There shall be no procedural requirements to “prove” or “establish” satisfaction of grounds, such as requiring judicial orders or police reports in cases of rape or sexual assault (for sources to support this information). These restrictions subject the individual to unnecessary trauma, may put them at increased risk from the perpetrator, and may cause women to resort to unsafe abortion.
Additional notesAbortion is criminalized in cases of pregnancy resulting from rape but carries a reduced sentence of three months in prison, instead of the minimum 1 year maximum 5 years when an abortion is obtained for other reasons. To be eligible to be considered for a reduced penalty the rape victim who obtained an illegal abortion must file an official complaint with the police and it must have been investigated and assessed. A reduced sentence of three months is also applicable to cases in which it is likely, based on a medical diagnosis, that the foetus when born will have grave physical or mental defects. Related documents: |
Parental consent required for minorsYes Can another adult consent in place of a parent?Yes Age where consent not needed
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. While parental or partner involvement in abortion decision-making can support and assist women, girls or other pregnant persons, this must be based on the values and preferences of the person availing of abortion and not imposed by third-party authorization requirements. Third-party authorization requirements are incompatible with international human rights law, which provides that States may not restrict women’s access to health services on the ground that they do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried, or because they are women. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
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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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. While parental or partner involvement in abortion decision-making can support and assist women, girls or other pregnant persons, this must be based on the values and preferences of the person availing of abortion and not imposed by third-party authorization requirements. Third-party authorization requirements are incompatible with international human rights law, which provides that States may not restrict women’s access to health services on the ground that they do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried, or because they are women. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
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Ultrasound images or listen to foetal heartbeat requiredNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The right to refuse information, including the right to refuse viewing ultrasound images, must be respected. The Abortion Care Guideline recommends against the use of ultrasound scanning as a prerequisite for providing abortion services for both medical and surgical abortion. Abortion Care Guideline § 3.3.5.
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Compulsory counsellingYes WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. While counselling should be made available and accessible, it should always be voluntary for women to choose whether or not they want to receive it. The right to refuse counselling when offered must be respected. Where provided, counselling must be available to individuals in a way that respects privacy and confidentiality.
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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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Mandatory waiting periods delay access to abortion, sometimes to the extent that women’s access to abortion or choice of abortion method is restricted. The Abortion Care Guideline recommends against mandatory waiting periods for abortion. Abortion Care Guideline § 3.3.1.
Additional notesPregnancy termination should be carried out within 6 calendar days of pregnant woman formally requesting it. Related documents: |
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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Regulatory, policy and programmatic barriers – as well as barriers in practice – that hinder access to and timely provision of quality abortion care should be removed. Abortion Care Guideline § Box 2.1.
Additional notesThe clinical guide details clinical examinations to be carried out prior to abortion, which include a speculum examination to identify features of the cervix and to identify signs of sexually transmitted infections (STIs) or other diseases of the genital tract. Related documents: |
Other mandatory STI screening testsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Regulatory, policy and programmatic barriers – as well as barriers in practice – that hinder access to and timely provision of quality abortion care should be removed. Abortion Care Guideline § Box 2.1.
Additional notesThe clinical guide details clinical examinations to be carried out prior to abortion, which include a speculum examination to identify features of the cervix and to identify signs of sexually transmitted infections (STIs) or other diseases of the genital tract. Related documents: |
Prohibition of sex-selective abortionNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. 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.
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Restrictions on information provided to the publicNot 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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Dissemination of misinformation, withholding of information and censorship should be prohibited.
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Restrictions on methods to detect sex of the foetusNot 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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|
Peru |
National guidelines for induced abortionYes, guidelines issued by the government WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. National standards and guidelines for abortion care should be evidence based and periodically updated and should provide the necessary guidance to achieve equal access to comprehensive abortion care. Leadership should also promote evidence-based SRH services according to these standards and guidelines. Abortion Care Guideline § 1.3.3.
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Methods allowedVacuum aspirationYes (12 WEEKS) Dilatation and evacuationNot specified Combination mifepristone-misoprostolNot specified Misoprostol onlyYes (22 weeks WEEKS) Other (where provided)Dilation and curettage WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Vacuum aspiration is recommended for surgical abortions at or under 14 weeks to be provided by traditional and complementary medicine professionals, nurses, midwives, associate/advanced associate clinicians, generalist medical practitioners and specialist medical practitioners.
Dilation and evacuation (D&E) is recommended for surgical abortions at or over 14 weeks to be provided by generalist medical practitioners and specialist medical practitioners. Vacuum aspiration can be used during a D&E. Abortion Care Guideline § 3.4.1.
The recommended method for medical abortion is mifepristone followed by misoprostol (regimen differs by gestational age). Abortion Care Guideline § 3.4.2.
The Abortion Care Guideline recommends the use of misoprostol alone, with a regime that differs by gestational age. Evidence demonstrates that the use of combination mifepristone plus misoprostol is more effective than misoprostol alone. Abortion Care Guideline § 3.4.2.
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Country recognized approval (mifepristone / mife-misoprostol)No Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Mifepristone and misoprostol should be listed in relevant national EMLs (NEMLs) or their equivalent and should be included in the relevant clinical care/service delivery guidelines.
Mifepristone and misoprostol should be listed in relevant national EMLs (NEMLs) or their equivalent and should be included in the relevant clinical care/service delivery guidelines.
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Country recognized approval (misoprostol)Yes, for gynaecological indications 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. Misoprostol is allowed to be sold or distributed by pharmacies or drug stores, but the requirement for a prescription is not specified. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Mifepristone and misoprostol should be listed in relevant national EMLs (NEMLs) or their equivalent and should be included in the relevant clinical care/service delivery guidelines.
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Where can abortion services be providedRelated documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
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National guidelines for post-abortion careYes, guidelines issued by the government WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. National standards and guidelines for abortion care should be evidence based and periodically updated and should provide the necessary guidance to achieve equal access to comprehensive abortion care. Leadership should also promote evidence-based SRH services according to these standards and guidelines. Abortion Care Guideline § 1.3.3.
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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 clinicsNot specified NGO health-care centres or clinicsNot specified Other (if applicable)Tertiary Level Health Care Providers WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends the option of telemedicine as an alternative to in-person interactions with the health worker to deliver medical abortion services in whole or in part. Telemedicine services should include referrals (based on the woman’s location) for medicines (abortion and pain control medicines), any abortion care or post-abortion follow-up required (including for emergency care if needed), and for post-abortion contraceptive services. Abortion Care Guideline § 3.6.1.
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Contraception included in post-abortion careYes WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. All contraceptive options may be considered after an abortion. For individuals undergoing surgical abortion and wishing to use contraception, Abortion Care Guideline recommends the option of initiating the contraception at the time of surgical abortion. For individuals undergoing medical abortion, for those who choose to use hormonal contraception, the Abortion Care Guideline suggests that they be given the option of starting hormonal contraception immediately after the first pill of the medical abortion regimen. For those who choose to have an IUD inserted, Abortion Care Guideline suggests IUD placement at the time that success of the abortion procedure is determined. Abortion Care Guideline § 3.5.4.
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No data
Insurance to offset end user costsNo data found Other (if applicable)
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where user fees are charged for abortion, this should be based on careful consideration of ability to pay, and fee waivers should be available for those who are facing financial hardship and adolescent abortion seekers. As far as possible, abortion services and supplies should be mandated for coverage under insurance plans as inability to pay is not an acceptable reason to deny or delay abortion care. Furthermore, having transparent procedures in all health-care facilities can ensure that informal charges are not imposed by staff. Abortion Care Guideline § 1.4.2.
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Who can provide abortion servicesNurseNot specified Midwife/nurse-midwifeNot specified Doctor (specialty not specified)Not specified Specialist doctor, including OB/GYNYes WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends against regulation on who can provide and manage abortion that is inconsistent with WHO guidance. Abortion Care Guideline § 3.3.8.
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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/GYNYes Minimum number of bedsNot specified Other (if applicable)WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. There is no single recommended approach to providing abortion services. The choice of specific health worker(s) (from among the recommended options) or management by the individual themself, and the location of service provision (from among recommended options) will depend on the values and preferences of the woman, girl or other pregnant person, available resources, and the national and local context. A plurality of service-delivery approaches can co-exist within any given context. Given that service-delivery approaches can be diverse, it is important to ensure that for the individual seeking care, the range of service-delivery options taken together will provide access to scientifically accurate, understandable information at all stages; access to quality-assured medicines (including those for pain management); back-up referral support if desired or needed; linkages to an appropriate choice of contraceptive services for those who want post-abortion contraception. Best Practice Statement 49 on service delivery. Abortion Care Guideline § 3.6.1.
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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 |
|---|---|---|---|---|---|---|---|---|
Peru |
Public sector providersNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
Additional notesReasons of conscience or belief may not be invoked to become exempt from the provisions of Health Authorities when such exemption results in risks to the health of others. Related documents: |
Private sector providersNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
Additional notesReasons of conscience or belief may not be invoked to become exempt from the provisions of Health Authorities when such exemption results in risks to the health of others. Related documents: |
Provider type not specifiedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
Additional notesReasons of conscience or belief may not be invoked to become exempt from the provisions of Health Authorities when such exemption results in risks to the health of others. Related documents: |
Neither Type of Provider PermittedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
Additional notesReasons of conscience or belief may not be invoked to become exempt from the provisions of Health Authorities when such exemption results in risks to the health of others. Related documents: |
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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
Additional notesReasons of conscience or belief may not be invoked to become exempt from the provisions of Health Authorities when such exemption results in risks to the health of others. Related documents: |
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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
Additional notesReasons of conscience or belief may not be invoked to become exempt from the provisions of Health Authorities when such exemption results in risks to the health of others. Related documents: |
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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
Additional notesReasons of conscience or belief may not be invoked to become exempt from the provisions of Health Authorities when such exemption results in risks to the health of others. Related documents: |
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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
Additional notesReasons of conscience or belief may not be invoked to become exempt from the provisions of Health Authorities when such exemption results in risks to the health of others. Related documents: |
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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Peru |
CAT"The Committee expresses its concern at reports that, in practice, access to therapeutic abortion continues to be denied when the pregnancy is the result of rape or incest and in case of severe fetal malformation, despite the approval of the National Technical Guidance for the standardization of the integral care procedure for pregnant women concerning the voluntary interruption of pregnancy at less than 22 weeks with informed consent within the framework of the provisions of article 119 of the Penal Code. On the other hand, the Committee welcomes the amendment of Law no. 30364, through Legislative Decree no. 1386, of September 3, 2018, expressly recognizing the obligation to provide specialized attention to victims of rape, as well as the content of article 76.3 of the Regulations of Law no. 30364 which establishes that in cases of sexual violence, public health centers must report on the right to receive "treatment against sexually transmitted infections, antiretrovirals, emergency oral contraceptives and others" (articles 2 and 16). 41. The State party should review its legislation in order to extend the legalization of voluntary termination of pregnancy to cases of rape, incest and severe fetal malformation. It should also review its legislation in order not to criminalize medical care provided by health professionals to women who require it as a consequence of conditions resulting from clandestine abortions." (Unofficial Translation)
“The Committee is concerned at reports of women undergoing involuntary sterilization. It has also been informed that medical personnel employed by the State denies the medical treatment required to ensure that pregnant women do not resort to illegal abortions that put their lives at risk. Current legislation severely restricts access to voluntary abortion, even in cases of rape, leading to grave consequences, including the unnecessary deaths of women. According to reports received, the State party has failed to take steps to prevent acts that put women’s physical and mental health at grave risk and that constitute cruel and inhuman treatment.”
“The Committee is seriously concerned that illegal abortions are one of the main causes of high maternal mortality in the State party and that the interpretation of therapeutic and legal abortion in cases of medical necessity is too restrictive and lacks clarity, leading women to seek unsafe illegal abortions. The Committee is particularly concerned at the criminalization of abortions in cases of rape and incest as well as the prohibition by the Constitutional Court of the distribution of oral emergency contraception to victims of rape. It is further concerned at the fact that the existing law obliges physicians to bring information on women resorting to post-abortion health services to the attention of the authorities and which may lead to investigation and criminal prosecution, which creates such fear of punishment that, in practice, this constitutes a denial of legal abortion services. (...) The State party should review its legislation with a view to: (a) Am ending the general prohibition for cases of therapeutic abortion an d pregnancy resulting from rape and incest and provide free health coverage in cases of rape; (b) Legalizing the distribution of oral emergency contraception to victims of rape; (c) Ensuring that health professionals are aware of and informed about the protocols regarding legal abortions by the Ministry of Health and guarantee immediate and unconditional treatment for persons seeking emergency medical care; (d) Eliminating the practice of extracting confessions for prosecution purposes from women seeking emergency medical care as a result of illegal abortion and penalizing medical personnel for the exercise of their professional responsibilities; (e) Enhancing its provision of family planning information and services and conducting a broad public campaign to raise awareness about cases when therapeutic abortions are legal and the administrative framework to access them.(...).”
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CEDAW“The Committee expresses its concern about the inadequate recognition and protection of the reproductive health and rights of women in the State party. It is particularly concerned about the high rate of teenage pregnancies, which presents a significant obstacle to girls’ educational opportunities and economic empowerment, and about the limited availability of emergency contraceptives, particularly in the rural areas. The Committee notes with concern that illegal abortion remains one of the leading causes of the high maternal mortality rate and that the State party’s restrictive interpretation of therapeutic abortion, which is legal, may further lead women to seek unsafe and illegal abortions. It is further concerned that the recommendations of the Human Rights Committee in KL v Peru (CCPR/C/85/D/1153/2003 (2005)) were not adhered to by the State party. The Committee urges the State party to step up the provision of family planning information and services to women and girls, including emergency contraception, and to promote sex education widely, in particular in the regular education curriculum targeted at adolescent girls and boys, with special attention to the prevention of teenage pregnancies. The Committee also urges the State party to provide women with access to quality services for the management of complications arising from unsafe abortions so as to reduce women’s maternal mortality rates. The Committee urges the State party to review its restrictive interpretation of therapeutic abortion, which is legal, to place greater emphasis on the prevention of teenage pregnancies and to consider reviewing the law relating to abortion for unwanted pregnancies with a view to removing punitive provisions imposed on women who undergo abortion, in line with the Committee’s general recommendation 24 on women and health, and the Beijing Declaration and Platform for Action. The Committee further calls upon the State party to comply with the recommendations of the Human Rights Committee in KL v Peru.”
“The Committee welcomes the State party’s efforts to improve its institutional and policy framework aimed at accelerating the elimination of discrimination against women and promoting gender equality, such as the adoption of the following: (a) Technical guidelines on therapeutic abortion, in 2014; (…) The Committee welcomes the adoption of technical guidelines for therapeutic abortion and the approval of a plan to prevent early pregnancy. It is concerned, however, that the two conditions required for therapeutic abortion (presence and signature of a witness and approval of a board) may constitute barriers to access to safe abortion. The Committee reiterates its concern: (a) That the recognition and protection of the reproductive health rights of women in the State party are inadequate; (b) That abortion in cases of pregnancy resulting from rape or incest is criminalized and that the restrictive interpretation of therapeutic abortion may lead women to seek unsafe and illegal abortions; (c) That article 30 of the General Health Act and section 326 of the Code of Criminal Procedure violate the privacy and reproductive health rights of women and result in the prosecution of women for accessing emergency obstetric care; (d) That the free distribution of emergency contraceptives has been banned, including in cases of sexual abuse. Taking into account its statement on sexual and reproductive health and rights, adopted at its fifty-seventh session, in February 2014, the Committee notes that unsafe abortion is a leading cause of maternal morbidity and mortality. As such, the Committee re commends that the State party: (a) Extend the grounds for legalization of abortion to cases of rape, incest and severe foetal impairment; (b) Ensure the availability of abortion services and provide women with access to high-quality post-abortion care, especially in cases of complications resulting from unsafe abortions; (c) Remove punitive measures for women who undergo abortion, including by taking the measures necessary to harmonize the General Health Act and the Code of Criminal Procedure with the constitutional right to privacy; (d) Ensure that the exercise of conscientious objection by health professionals does not impede effective access by women to reproductive health-care services, including abortion and post-abortion care; (c) Ensure access to family planning services, in particular in rural areas, and adopt all measures necessary to carry out the free distribution of emergency contraceptives within the public health system, in particular to women and girls who are victims of sexual abuse; (f) Develop the capacity of medical staff on the right to health, including sexual and reproductive health, with a view to ensuring that health services are adequately provided to women and girls; (g) Disseminate information on the technical guidelines on therapeutic abortion among all health staff and ensure a broad interpretation of the right to physical, mental and social health in their implementation.”
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CESCR“The Committee is concerned about the high rate of teenage pregnancies, and the lack of adequate sexual and reproductive health services. It is concerned that the Criminal Code classifies consensual sexual relations between adolescents as statutory rape, which in practice inhibits the access of adolescents to reproductive health services. The Committee is concerned about the high maternal mortality rate in rural regions, which is still above the MDG target. It is also concerned that the conditions under which therapeutic abortions can be performed are not nationally regulated, and that abortions are penalized in cases of pregnancy resulting from rape (art.12). The Committee recommends that the State party intensify its efforts to address the high rate of teenage pregnancies and ensure the accessibility and availability of sexual and reproductive health services, including delivery attendance, institutional birth services and emergency contraceptives, particularly in rural areas. It recommends that the Criminal Code be amended so that consensual sexual relations between adolescents are no longer considered as a criminal offence and that abortion in case of pregnancy as a result of rape is not penalized. It also recommends that the State party establish a domestic protocol for the performance of therapeutic abortions.”
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CRC“[….] (b) The fact that abortion is illegal in cases of rape or incest, and at the restrictive interpretation of therapeutic abortion, a situation that compels girls to resort to unsafe abortion at risk of their health and life; [….] In the light of its general comment No. 4 (2003) on adolescent health and development in the context of the Convention, the Committee recommends that the State party: [….] (b) Decriminalize abortion in all circumstances, ensure children’s access to safe abortion and post-abortion care services, at least in cases of rape, incest and serious impairment of the foetus and in cases of risk to the life and health of mothers, and provide clear guidance to health practitioners and information to adolescents on safe abortion and post-abortion care. The views of pregnant girls should always be heard and respected in abortion decisions;..”
“The Committee is concerned about the high rate of teenage pregnancies and at the number of teenage girls dying as a result of abortions. Furthermore, the Committee is concerned about the lack of adequate sexual and reproductive health services, also due to insufficient allocation of resources in these sectors. The Committee recommends that the State party, taking into account the Committee’s general comment on adolescent health and development in the context of the Convention (CRC/GC/2003/4), ensure access to reproductive health services to all adolescents and conduct awareness-raising campaigns to fully inform adolescents of reproductive health rights, including prevention of Sexually Transmittable Diseases (STDs) and early pregnancies. Furthermore, the State party should take all possible measures to address the issue of the deaths of teenage girls as a result of abortions.”
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HRC“It is a matter of concern that abortion continues to be subject to criminal penalties, even when pregnancy is the result of rape. Clandestine abortion continues to be the main cause of maternal mortality in Peru. The Committee once again states that these provisions are incompatible with articles 3, 6 and 7 of the Covenant and recommends that the legislation should be amended to establish exceptions to the prohibition and punishment of abortion.”
“[….] Recalling its previous concluding observations (CCPR/CO/70/PER, para. 20), The Committee expresses concern at the high percentage of abortion-related maternal deaths; that abortion resulting from rape or incest is still criminalized and at the lack of a national protocol regularizing the practice of therapeutic abortions. The Committee is further concerned about the high rates of maternal mortality in rural areas and of adolescent pregnancies. Furthermore, the Committee regrets the decision adopted by the Constitutional Court prohibiting the free distribution of emergency oral contraceptives (arts. 2, 3, 6, 17 and 26). The Committee recommends that the State party: (a) Review its legislation on abortion and provi de for additional exceptions in cases of pregnancy resulting from rape or incest; (b) Swiftly adopt a national protocol regulating the practice of therapeutic abortion;[….]”
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SR HEALTH“The Special Rapporteur has highlighted some of his concerns in relation to sexual and reproductive health in Peru elsewhere in this report. He is deeply concerned by the extremely high rates of maternal mortality, the second main cause of which is unsafe abortion. He stresses the importance of ensuring access - in particular for poor populations - to a wide range of sexual and reproductive health services, including family planning, pre- and post-natal care, emergency obstetric services and access to information. In particular, women should have access to quality services for the management of complications, whether arising from pregnancy, childbirth or abortion. Punitive legal provisions against women who undergo abortions, as well as against the relevant service providers, should be removed.”
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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 |
|---|---|---|---|---|---|---|
Peru |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code (1991), Law of April 3, 1991, Chapter II, Articles 114-120 Chapter II. Abortion Article 114th. The woman that causes her abortion, or consents to another performing it, will be punished with the penalty of imprisonment of no more than two years or with community service from fifty two to one hundred four days. Article 115th. The person who causes the abortion with the consent of the pregnant woman, shall be punished with imprisonment for no less than one and no more than four years. If the death of the woman follows and the actor could have foreseen this result, the penalty shall be no fewer than two and no more than five years. Article 116th. The person who causes a woman to abort without her consent, shall be punished with the penalty of imprisonment for no fewer than three and no more than five years. If the death of the woman follows and the actor could have foreseen this result, the penalty shall be no fewer than five and no more than ten years. Article 117th. The doctor, obstetrician, pharmacist or any health professional, who abuses his science or art to cause an abortion, shall be punished by the penalty from the 115th and 116th articles and disqualification according the 36th article, paragraphs 4 and 8. Article 118th. The person who, by violence, causes an abortion, without having the intent of causing one, being flagrant or causing the loss of the pregnancy, shall be punished with imprisonment of no more than two years, or with community service from fifty two to one hundred four days. Article 119th. Abortion performed by a doctor with the consent of the pregnant woman or her legal representative, if she has one, is not punishable, when it is the only means to save the life of the pregnant woman or to avoid grave and permanent harm to her health. Article 120th. Abortion shall be punished with imprisonment of no more than three months: 1. When the pregnancy is the result of rape outside of marriage or artificial insemination without consent outside of marriage, provided the facts have been reported or investigated, at least by the police; or, 2. When it is likely that the fetus would be born with serious physical or psychological defects, provided there is a medical diagnosis. 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. WHO Abortion Care Guideline, p 62.
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PenaltiesPenal Code (1991), Law of April 3, 1991, Chapter II, Articles 114-120 Chapter II. Abortion Article 114th. The woman that causes her abortion, or consents to another performing it, will be punished with the penalty of imprisonment of no more than two years or with community service from fifty two to one hundred four days. Article 115th. The person who causes the abortion with the consent of the pregnant woman, shall be punished with imprisonment for no less than one and no more than four years. If the death of the woman follows and the actor could have foreseen this result, the penalty shall be no fewer than two and no more than five years. Article 116th. The person who causes a woman to abort without her consent, shall be punished with the penalty of imprisonment for no fewer than three and no more than five years. If the death of the woman follows and the actor could have foreseen this result, the penalty shall be no fewer than five and no more than ten years. Article 117th. The doctor, obstetrician, pharmacist or any health professional, who abuses his science or art to cause an abortion, shall be punished by the penalty from the 115th and 116th articles and disqualification according the 36th article, paragraphs 4 and 8. Article 118th. The person who, by violence, causes an abortion, without having the intent of causing one, being flagrant or causing the loss of the pregnancy, shall be punished with imprisonment of no more than two years, or with community service from fifty two to one hundred four days. Article 119th. Abortion performed by a doctor with the consent of the pregnant woman or her legal representative, if she has one, is not punishable, when it is the only means to save the life of the pregnant woman or to avoid grave and permanent harm to her health. Article 120th. Abortion shall be punished with imprisonment of no more than three months: 1. When the pregnancy is the result of rape outside of marriage or artificial insemination without consent outside of marriage, provided the facts have been reported or investigated, at least by the police; or, 2. When it is likely that the fetus would be born with serious physical or psychological defects, provided there is a medical diagnosis. 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. WHO Abortion Care Guideline, p 62.
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PenaltiesPenal Code (1991), Law of April 3, 1991, Chapter II, Articles 114-120 Chapter II. Abortion Article 114th. The woman that causes her abortion, or consents to another performing it, will be punished with the penalty of imprisonment of no more than two years or with community service from fifty two to one hundred four days. Article 115th. The person who causes the abortion with the consent of the pregnant woman, shall be punished with imprisonment for no less than one and no more than four years. If the death of the woman follows and the actor could have foreseen this result, the penalty shall be no fewer than two and no more than five years. Article 116th. The person who causes a woman to abort without her consent, shall be punished with the penalty of imprisonment for no fewer than three and no more than five years. If the death of the woman follows and the actor could have foreseen this result, the penalty shall be no fewer than five and no more than ten years. Article 117th. The doctor, obstetrician, pharmacist or any health professional, who abuses his science or art to cause an abortion, shall be punished by the penalty from the 115th and 116th articles and disqualification according the 36th article, paragraphs 4 and 8. Article 118th. The person who, by violence, causes an abortion, without having the intent of causing one, being flagrant or causing the loss of the pregnancy, shall be punished with imprisonment of no more than two years, or with community service from fifty two to one hundred four days. Article 119th. Abortion performed by a doctor with the consent of the pregnant woman or her legal representative, if she has one, is not punishable, when it is the only means to save the life of the pregnant woman or to avoid grave and permanent harm to her health. Article 120th. Abortion shall be punished with imprisonment of no more than three months: 1. When the pregnancy is the result of rape outside of marriage or artificial insemination without consent outside of marriage, provided the facts have been reported or investigated, at least by the police; or, 2. When it is likely that the fetus would be born with serious physical or psychological defects, provided there is a medical diagnosis. 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. WHO Abortion Care Guideline, p 62.
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PenaltiesNone found |
PenaltiesArticle 116th. The person who causes a woman to abort without her consent, shall be punished with the penalty of imprisonment for no fewer than three and no more than five years. If the death of the woman follows and the actor could have foreseen this result, the penalty shall be no fewer than five and no more than ten years. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. WHO Abortion Care Guideline, p 62.
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