Global Abortion Policies Database
A tool to expand knowledge, encourage transparency, and promote accountability.
None
| Country or Region | |
|---|---|
Sao Tome and Principe |
Gestational limit: 12 weeks
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.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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| Country | Economic or social reasons |
Foetal impairment |
Rape |
Incest |
Intellectual or cognitive disability of the woman |
Mental health |
Physical health |
Health |
Life |
Other |
|---|---|---|---|---|---|---|---|---|---|---|
Sao Tome and Principe |
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.
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 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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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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Intellectual or cognitive disability of the womanNo 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. 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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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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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.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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| Country | 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Sao Tome and Principe |
Authorization of health professional(s)Yes Related documents:Number and cadre of health-care professional authorizations required
1 (ARTICLE 139) If the abortion is taking place after 12 weeks, a doctor in addition to the doctor who is performing the procedure must verify that the grounds obtain in line with the law. 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.
Additional notesIf the abortion is taking place after 12 weeks, a doctor in addition to the doctor who is performing the procedure must verify that the grounds obtain in line with the law. |
Authorization in specially licensed facilities onlyYes 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 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. 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 notesThere must be proof of a criminal act but the Penal Code does not specify whether this should be a police complaint or a judicial authorisation. |
Police report required in case of rapeNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions 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 notesThere must be proof of a criminal act but the Penal Code does not specify whether this should be a police complaint or a judicial authorisation. Related documents: |
Parental consent required for minorsYes Related documents:Can another adult consent in place of a parent?Yes In the case of girls under the age of 16 or unable to provide consent, consent can be provided by a husband, partner (if not married), legal representative, parent or next of kin. Age where consent not needed
In the case of girls under the age of 16 or unable to provide consent, consent can be provided by a husband, partner (if not married), legal representative, parent or next of kin. 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.
Additional notesIn the case of girls under the age of 16 or unable to provide consent, consent can be provided by a husband, partner (if not married), legal representative, parent or next of kin. |
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.
Additional notesOnly women or girls under the age of 16 who are married or live in a de facto union require their partner’s consent. |
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 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 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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Waiting period
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.
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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 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.
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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 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.
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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 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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No data
Restrictions on information provided to the publicNo data found 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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No data
Restrictions on methods to detect sex of the foetusNo data found 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|
Sao Tome and Principe |
No data
National guidelines for induced abortionNo data found 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 aspirationNo data found Dilatation and evacuationNo data found Combination mifepristone-misoprostolNo data found Misoprostol onlyNo data found Other (where provided)
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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No data
Country recognized approval (mifepristone / mife-misoprostol)No data found 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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No data
Country recognized approval (misoprostol)No data found 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: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)Only in officially authorized medical facilities. 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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No data
National guidelines for post-abortion careNo data found 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 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 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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No data
Contraception included in post-abortion careNo data found 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 servicesRelated documents:NurseNot specified Midwife/nurse-midwifeNot specified Doctor (specialty not specified)Yes Specialist doctor, including OB/GYNNot 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. 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/GYNNot specified 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 |
|---|---|---|---|---|---|---|---|---|
Sao Tome and Principe |
No data
Public sector providersNo data found 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.
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No data
Private sector providersNo data found 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.
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No data
Provider type not specifiedNo data found 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.
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No data
Neither Type of Provider PermittedNo data found 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.
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No data
Public facilitiesNo data found 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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No data
Private facilitiesNo data found 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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No data
Facility type not specifiedNo data found 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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No data
Neither Type of Facility PermittedNo data found 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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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 |
|---|---|---|---|---|---|---|
Sao Tome and Principe |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesARTICLE 137 [Abortion] 1. Whoever, by any means and without the consent of the pregnant woman, makes her have an abortion is punished with imprisonment from 2 to 8 years. 2. Who, by any means and with the consent of the pregnant woman, causes her to have an abortion, except in the cases provided for in the following article, shall be punished with imprisonment for up to 3 years. 3. A pregnant woman who, other than the cases provided for in the following article, gives consent to the abortion caused by a third party, or who, by herself or by another person, causes abortion is awarded the same sentence. 4. If the abortion provided for in paragraphs 2 and 3 is practiced to prevent the woman's social disapproval, or for reasons that significantly reduce the guilt of the perpetrator, the applicable sentence may not exceed one year. ARTICLE 138 [Aggravated abortion] 1. When the abortion is carried out in accordance with the previous Articles or the means employed results in death or a serious injury to the body or to the physical or psychological health of the pregnant woman, or the person who had caused her abortion could have foreseen this as a necessary consequence of their conduct, the maximum penalty applicable to him shall be increased by one third. 2. The enhanced sentence provided for in the previous Article is applicable to the agent who habitually engages in the illicit practice of abortion or who carries it out for profit. ARTICLE 139 [Exclusion of unlawful abortion] 1. An abortion carried out by a doctor or under his direction in an officially recognized health establishment and with the consent of the pregnant woman is not punishable when she decides of her own free will to have an abortion and it is performed in the first twelve weeks of pregnancy, nor are those who assist in its implementation punishable. 2. Except as provided in the preceding paragraph, abortion is only permitted in the following situations: a) it is the only means of averting risk of death or serious and irreversible injury to the body or to the physical or psychological health of the pregnant woman; (b) it is indicated to avoid danger of death or serious and lasting injury to the body or to the physical or mental health of the pregnant woman; (c) there are reasonable grounds to expect that the unborn child will incurably suffer from serious illness or malformation and it is carried out within the first 16 weeks of pregnancy; d) There are serious indications that the pregnancy resulted from rape of the woman. 3. The verification of the circumstances that exclude the unlawfulness of abortion must be certified in a medical certificate, written and signed before the intervention by a doctor other than by whom or under whose direction the abortion is performed. 4. The verification of the circumstance referred to in paragraph 2 (d) shall also depend on the existence of criminal participation in the infringement. ARTICLE 140 [Consent] 1. The consent of the pregnant woman to the practice of abortion must be provided unequivocally in a document signed or signed by her at least three days before the date of the intervention, according to the law. 2. When the abortion is urgently reviewed, in particular in the cases provided for in subparagraphs a) and b) of paragraph 1 of the preceding article, compliance with the period provided for in the preceding paragraph is waived, and the consent of the pregnant woman may also be waived If it is not in a position to provide it and is reasonably likely to assume that under normal conditions it would provide, and in any event the mention of such circumstances should be recorded in a medical certificate. 3. In the case of a pregnant woman who is less than 16 years old or unimpeachable, consent, as the case may be, must be rendered, respectively and in succession, by the capable husband who is not separated or by the person who lives with him, by the legal representative, by an ascendant or descendant capable and, failing that, by any relatives of the collateral line. 4. In the absence of the persons referred to in the previous number, and when the abortion is carried out urgently, the physician must decide conscientiously in the light of the situation, resorting whenever possible to the opinion of another or other physician/s. 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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PenaltiesARTICLE 137 [Abortion] 1. Whoever, by any means and without the consent of the pregnant woman, makes her have an abortion is punished with imprisonment from 2 to 8 years. 2. Who, by any means and with the consent of the pregnant woman, causes her to have an abortion, except in the cases provided for in the following article, shall be punished with imprisonment for up to 3 years. 3. A pregnant woman who, other than the cases provided for in the following article, gives consent to the abortion caused by a third party, or who, by herself or by another person, causes abortion is awarded the same sentence. 4. If the abortion provided for in paragraphs 2 and 3 is practiced to prevent the woman's social disapproval, or for reasons that significantly reduce the guilt of the perpetrator, the applicable sentence may not exceed one year. ARTICLE 138 [Aggravated abortion] 1. When the abortion is carried out in accordance with the previous Articles or the means employed results in death or a serious injury to the body or to the physical or psychological health of the pregnant woman, or the person who had caused her abortion could have foreseen this as a necessary consequence of their conduct, the maximum penalty applicable to him shall be increased by one third. 2. The enhanced sentence provided for in the previous Article is applicable to the agent who habitually engages in the illicit practice of abortion or who carries it out for profit. ARTICLE 139 [Exclusion of unlawful abortion] 1. An abortion carried out by a doctor or under his direction in an officially recognized health establishment and with the consent of the pregnant woman is not punishable when she decides of her own free will to have an abortion and it is performed in the first twelve weeks of pregnancy, nor are those who assist in its implementation punishable. 2. Except as provided in the preceding paragraph, abortion is only permitted in the following situations: a) it is the only means of averting risk of death or serious and irreversible injury to the body or to the physical or psychological health of the pregnant woman; (b) it is indicated to avoid danger of death or serious and lasting injury to the body or to the physical or mental health of the pregnant woman; (c) there are reasonable grounds to expect that the unborn child will incurably suffer from serious illness or malformation and it is carried out within the first 16 weeks of pregnancy; d) There are serious indications that the pregnancy resulted from rape of the woman. 3. The verification of the circumstances that exclude the unlawfulness of abortion must be certified in a medical certificate, written and signed before the intervention by a doctor other than by whom or under whose direction the abortion is performed. 4. The verification of the circumstance referred to in paragraph 2 (d) shall also depend on the existence of criminal participation in the infringement. ARTICLE 140 [Consent] 1. The consent of the pregnant woman to the practice of abortion must be provided unequivocally in a document signed or signed by her at least three days before the date of the intervention, according to the law. 2. When the abortion is urgently reviewed, in particular in the cases provided for in subparagraphs a) and b) of paragraph 1 of the preceding article, compliance with the period provided for in the preceding paragraph is waived, and the consent of the pregnant woman may also be waived If it is not in a position to provide it and is reasonably likely to assume that under normal conditions it would provide, and in any event the mention of such circumstances should be recorded in a medical certificate. 3. In the case of a pregnant woman who is less than 16 years old or unimpeachable, consent, as the case may be, must be rendered, respectively and in succession, by the capable husband who is not separated or by the person who lives with him, by the legal representative, by an ascendant or descendant capable and, failing that, by any relatives of the collateral line. 4. In the absence of the persons referred to in the previous number, and when the abortion is carried out urgently, the physician must decide conscientiously in the light of the situation, resorting whenever possible to the opinion of another or other physician/s. 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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PenaltiesARTICLE 137 [Abortion] 1. Whoever, by any means and without the consent of the pregnant woman, makes her have an abortion is punished with imprisonment from 2 to 8 years. 2. Who, by any means and with the consent of the pregnant woman, causes her to have an abortion, except in the cases provided for in the following article, shall be punished with imprisonment for up to 3 years. 3. A pregnant woman who, other than the cases provided for in the following article, gives consent to the abortion caused by a third party, or who, by herself or by another person, causes abortion is awarded the same sentence. 4. If the abortion provided for in paragraphs 2 and 3 is practiced to prevent the woman's social disapproval, or for reasons that significantly reduce the guilt of the perpetrator, the applicable sentence may not exceed one year. ARTICLE 138 [Aggravated abortion] 1. When the abortion is carried out in accordance with the previous Articles or the means employed results in death or a serious injury to the body or to the physical or psychological health of the pregnant woman, or the person who had caused her abortion could have foreseen this as a necessary consequence of their conduct, the maximum penalty applicable to him shall be increased by one third. 2. The enhanced sentence provided for in the previous Article is applicable to the agent who habitually engages in the illicit practice of abortion or who carries it out for profit. ARTICLE 139 [Exclusion of unlawful abortion] 1. An abortion carried out by a doctor or under his direction in an officially recognized health establishment and with the consent of the pregnant woman is not punishable when she decides of her own free will to have an abortion and it is performed in the first twelve weeks of pregnancy, nor are those who assist in its implementation punishable. 2. Except as provided in the preceding paragraph, abortion is only permitted in the following situations: a) it is the only means of averting risk of death or serious and irreversible injury to the body or to the physical or psychological health of the pregnant woman; (b) it is indicated to avoid danger of death or serious and lasting injury to the body or to the physical or mental health of the pregnant woman; (c) there are reasonable grounds to expect that the unborn child will incurably suffer from serious illness or malformation and it is carried out within the first 16 weeks of pregnancy; d) There are serious indications that the pregnancy resulted from rape of the woman. 3. The verification of the circumstances that exclude the unlawfulness of abortion must be certified in a medical certificate, written and signed before the intervention by a doctor other than by whom or under whose direction the abortion is performed. 4. The verification of the circumstance referred to in paragraph 2 (d) shall also depend on the existence of criminal participation in the infringement. ARTICLE 140 [Consent] 1. The consent of the pregnant woman to the practice of abortion must be provided unequivocally in a document signed or signed by her at least three days before the date of the intervention, according to the law. 2. When the abortion is urgently reviewed, in particular in the cases provided for in subparagraphs a) and b) of paragraph 1 of the preceding article, compliance with the period provided for in the preceding paragraph is waived, and the consent of the pregnant woman may also be waived If it is not in a position to provide it and is reasonably likely to assume that under normal conditions it would provide, and in any event the mention of such circumstances should be recorded in a medical certificate. 3. In the case of a pregnant woman who is less than 16 years old or unimpeachable, consent, as the case may be, must be rendered, respectively and in succession, by the capable husband who is not separated or by the person who lives with him, by the legal representative, by an ascendant or descendant capable and, failing that, by any relatives of the collateral line. 4. In the absence of the persons referred to in the previous number, and when the abortion is carried out urgently, the physician must decide conscientiously in the light of the situation, resorting whenever possible to the opinion of another or other physician/s. 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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PenaltiesARTICLE 137 [Abortion] 4. If the abortion provided for in paragraphs 2 and 3 is practiced to prevent the woman's social disapproval, or for reasons that significantly reduce the guilt of the perpetrator, the applicable sentence may not exceed one year. |
PenaltiesARTICLE 137 [Abortion] 1. Whoever, by any means and without the consent of the pregnant woman, makes her have an abortion is punished with imprisonment from 2 to 8 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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