Global Abortion Policies Database
A tool to expand knowledge, encourage transparency, and promote accountability.
| Country or Region | |
|---|---|
Venezuela |
No
Read more WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. This legal ground recognizes a woman’s free choice. Safe Abortion Guidelines, § 4.2.1.6.
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| Country | Economic or social reasons |
Foetal impairment |
Rape |
Incest |
Intellectual or cognitive disability of the woman |
Mental health |
Physical health |
Health |
Life |
Other |
|---|---|---|---|---|---|---|---|---|---|---|
Venezuela |
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.5.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information; health protection or social reasons can be interpreted to include distress of the pregnant woman caused by the diagnosis of fetal impairment. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
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Intellectual or cognitive disability of the womanNo Related documents: |
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The scope of mental health includes psychological distress or mental suffering caused by, for example, coerced or forced sexual acts and diagnosis of severe fetal impairment. Safe Abortion Guidelines, § 4.2.1.2.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Physical health is widely understood to include conditions that aggravate pregnancy and those aggravated by pregnancy. Safe Abortion Guidelines, § 4.2.1.2.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The fulfillment of human rights requires that women can access safe abortion when it is indicated to protect their health. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.2.
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WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The human right to life requires protection by law, including when pregnancy is life-threatening or a pregnant woman’s life is otherwise endangered. Both medical and social conditions can constitute life-threatening conditions. Safe Abortion Guidelines, § 4.2.1.1.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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Other |
| Country | Authorization of health professional(s) |
Authorization in specially licensed facilities only |
Judicial authorization for minors |
Judicial authorization in cases of rape |
Police report required in case of rape |
Parental consent required for minors |
Spousal consent |
Ultrasound images or listen to foetal heartbeat required |
Compulsory counselling |
Compulsory waiting period |
Mandatory HIV screening test |
Other mandatory STI screening tests |
Prohibition of sex-selective abortion |
Restrictions on information provided to the public |
Restrictions on methods to detect sex of the foetus |
Other |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Venezuela |
Authorization of health professional(s)Not specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by hospital authorities may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
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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. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Restrictions on the range of providers or facilities that are authorized to provide abortion reduce the availability of services and their equitable geographic distribution. Safe Abortion Guidelines, § 4.2.2.4.
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Judicial authorization for minorsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. Safe Abortion Guidelines, § 4.2.2.
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Judicial authorization in cases of rapenot applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Police report required in case of rapenot applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Parental consent required for minorsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by parents may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
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Spousal consentNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by a spouse may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
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Ultrasound images or listen to foetal heartbeat requiredNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Regulatory, policy and programmatic barriers, one example of which is the requirement for mandatory ultrasound prior to abortion, that hinder access to and timely provision of safe abortion care should be removed. Safe Abortion Guidelines, Executive Summary, Box 7 - Recommendation.
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Compulsory 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. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Many women have made a decision to have an abortion before seeking care, and this decision should be respected without subjecting a woman to mandatory counselling. Provision of counselling to women who desire it should be voluntary, confidential, non-directive and by a trained person. Safe Abortion Guidelines, § 2.1.8.1.
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Compulsory waiting periodNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should consider eliminating waiting periods that are not medically required, and expanding services to serve all eligible women promptly. Safe Abortion Guidelines, § 4.2.2.6.
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Mandatory HIV screening 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. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
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Other mandatory STI screening testsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
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Prohibition of sex-selective abortionNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. In situations where abortion is restricted for sex selection purposes, terminating a pregnancy for this reason is likely to involve an unsafe procedure carrying high risks. Any policies or guidelines on the use of technology in obstetric and fetal medicine should take into account the need to ensure women’s access to safe abortion and other services - efforts to manage or limit sex selection should also not hamper or limit access to safe abortion services. Preventing gender-biased sex selection: an interagency statement, p 10 - Recommendation.
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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. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should refrain from limiting access to means of maintaining sexual and reproductive health, including censoring, withholding or intentionally misrepresenting health-related information. Safe Abortion Guidelines, § 4.2.2.7.
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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. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
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Other |
| Country | National guidelines for induced abortion |
Methods allowed |
Country recognized approval (mifepristone / mife-misoprostol) |
Country recognized approval (misoprostol) |
Where can abortion services be provided |
National guidelines for post-abortion care |
Where can post abortion care services be provided |
Contraception included in post-abortion care |
Insurance to offset end user costs |
Who can provide abortion services |
Extra facility/provider requirements for delivery of abortion services |
|---|---|---|---|---|---|---|---|---|---|---|---|
Venezuela |
National guidelines for induced abortionYes, guidelines issued by the government Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
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Methods allowedVacuum aspirationYes Dilatation and evacuationNot specified Combination mifepristone-misoprostolNot specified Misoprostol onlyNot specified Other (where provided)Dilation and curettage WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Vacuum aspiration is the recommended technique of surgical abortion for pregnancies of up to 12 to 14 weeks of gestation. The procedure should not be routinely completed by dilatation and sharp curettage (D&C). Safe Abortion Guidelines, Executive Summary, Box 1- Recommendation.
Dilatation and evacuation (D&E) and medical methods (mifepristone and misoprostol; misoprostol alone) are both recommended methods for abortion for gestations over 12 to 14 weeks. Safe Abortion Guidelines, Executive Summary, Box 3- Recommendation.
The recommended method for medical abortion is mifepristone followed by misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
Where mifepristone is not available, the recommended method for medical abortion is misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
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Country recognized approval (mifepristone / mife-misoprostol)No Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
Chemists/pharmacists can help women avoid unintended pregnancy through provision of accurate contraceptive information, pregnancy tests, contraceptive methods and referral to safe abortion services. Safe Abortion Guidelines, § 3.3.1.1.
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Country recognized approval (misoprostol)Yes, for gynaecological indications Related documents:Misoprostol allowed to be sold or distributed by pharmacies or drug storesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. The Essential Medicines List 2015 indicates that Misoprostol is to be used at ‘Level 3’ which pertains to medications for use in general and specialized outpatient medical care facilities. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
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Where can abortion services be providedWHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion services should be available at primary-care level, with referral systems in place for all required higher-level care. Safe Abortion Guidelines, Executive Summary, Box 6- Recommendation.
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National guidelines for post-abortion careYes, guidelines issued by the government Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
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Where can post abortion care services be providedPrimary 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 WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The facilities and skills required to manage most abortion complications are similar to those needed to care for women who have had a spontaneous abortion (miscarriage). Safe Abortion Guidelines § 2.2.6.
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Contraception included in post-abortion careYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. All women should receive contraceptive information and be offered counselling for and methods of post-abortion contraception, including emergency contraception, before leaving the health-care facility. Safe Abortion Guidelines, § 2.3.
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No data
Insurance to offset end user costsNo data found Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Financing of abortion services should take into account costs to the health system while ensuring that services are affordable and readily available to all women who need them. Safe Abortion Guidelines, Executive Summary, Box 6 - Recommendation. Abortion services should be mandated for coverage under insurance plans; women should never be denied or delayed because of the inability to pay. Safe Abortion Guidelines, § 3.6.2.
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Who can provide abortion servicesNurseNot specified Midwife/nurse-midwifeNot specified Doctor (specialty not specified)Yes Specialist doctor, including OB/GYNNot specified WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Subject to gestational age and method, abortion care can be safely provided by any properly trained health-care provider, including specialist doctors, non-specialist doctors; associate and advanced associate clinicians; midwives; and nurses. Health Worker Roles in Safe Abortion Care, p 33- Recommendation.
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Extra facility/provider requirements for delivery of abortion servicesReferral linkages to a higher-level facilityNot specified Availability of a specialist doctor, including OB/GYNNot specified Minimum number of bedsNot specified Other (if applicable)WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion facilities within both the public and private sectors should be available at all levels of the health system, with appropriate referral mechanisms between facilities. Safe Abortion Guidelines, § 3.3.1.
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| Country | Public sector providers |
Private sector providers |
Provider type not specified |
Neither Type of Provider Permitted |
Public facilities |
Private facilities |
Facility type not specified |
Neither Type of Facility Permitted |
|---|---|---|---|---|---|---|---|---|
Venezuela |
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. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesA Code of Medical Ethics relevant to these questions exists but could not be accessed in an official version.
The Constitution of Venezuela stipulates that "All persons have the right to freedom of conscience, and to express the same except those practices affecting personality or constituting criminal offense. Objections of conscience may not be invoked in order to evade compliance with law or prevent others from complying with law or exercising their rights." The Constitution does not specify whether this applies to abortion. 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. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesA Code of Medical Ethics relevant to these questions exists but could not be accessed in an official version.
The Constitution of Venezuela stipulates that "All persons have the right to freedom of conscience, and to express the same except those practices affecting personality or constituting criminal offense. Objections of conscience may not be invoked in order to evade compliance with law or prevent others from complying with law or exercising their rights." The Constitution does not specify whether this applies to abortion. 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. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesA Code of Medical Ethics relevant to these questions exists but could not be accessed in an official version.
The Constitution of Venezuela stipulates that "All persons have the right to freedom of conscience, and to express the same except those practices affecting personality or constituting criminal offense. Objections of conscience may not be invoked in order to evade compliance with law or prevent others from complying with law or exercising their rights." The Constitution does not specify whether this applies to abortion. 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. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesA Code of Medical Ethics relevant to these questions exists but could not be accessed in an official version.
The Constitution of Venezuela stipulates that "All persons have the right to freedom of conscience, and to express the same except those practices affecting personality or constituting criminal offense. Objections of conscience may not be invoked in order to evade compliance with law or prevent others from complying with law or exercising their rights." The Constitution does not specify whether this applies to abortion. 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. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Private facilitiesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Facility type not specifiedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Neither Type of Facility PermittedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Concluding Observations issued by respective treaty bodies and selected extracts related to abortion.
| Country | CAT |
CEDAW |
CERD |
CESCR |
CRC |
CRPD |
HRC |
IE HAIT |
SR HEALTH |
SR TORTURE |
SR VAW |
WG-DWLP |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Venezuela |
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CEDAW“While acknowledging the national plan of action on sexual and reproductive health and increased efforts to provide family planning services, the Committee notes with concern the persistent high prevalence of teenage pregnancy. Furthermore, the Committee regrets the lack of detailed information about the causes and consequences of abortion, which is the third leading cause of maternal death in the State party. The Committee recommends that the State party pay special attention to the effective implementation and monitoring of the national plan of action on sexual and reproductive health. The State party should place higher priority on the provision of family planning services, including information on contraceptives and their wide and easy availability in all regions of the country, as well as the provision of sex education, addressing both young women and men. The Committee urges the State party to ensure effective access of women to such information and to sexual and reproductive health services, particularly to young women, women from rural areas, indigenous women and women of African descent. The Committee requests the State party to undertake a survey on the reasons for the high rate of maternal deaths due to abortion and to adopt measures, including legislative and public policy measures, to reduce and eliminate related risks. It invites the State party to include detailed information and data on the incidence, causes and consequences of abortion as well as on the impact of measures taken, disaggregated by age group, in its next periodic report.”
“The Committee is deeply concerned about: (a) The high maternal mortality ratios despite the measures taken to reduce it; (b) The high number of teenage pregnancies, many of them resulting in maternal mortality; (c) Reports that adequate health services, in particular sexual and reproductive health services, cancer treatment, as well as contraceptives, including emergency contraceptives, are not always available and accessible; (d) The restrictive abortion law forcing women to resort to unsafe abortion, which often damages the health of the pregnant woman and sometimes results in death; (e) The shortages of antiretroviral treatment for women living with HIV/AIDS and the discrimination faced by them. The Committee urges the State party to: (a) Enhance efforts to reduce maternal mortality by adopting a comprehensive strategy which provides for the effective implementation of the existing protocol on prenatal care and emergency obstetric care, a monitoring mechanism and adequate sexual and reproductive health services, including emergency contraception, antenatal, delivery, postnatal and post-abortion services. To that end, the State party is encouraged to consider the OHCHR Technical guidance on the application of a human rights-based approach to the implementation of policies and programmes to reduce preventable maternal morbidity and mortality (A/HRC/21/22); (...) (c) Intensify efforts to reduce teenage pregnancies including by ensuring access to age-appropriate information and education on sexual and reproductive health and rights for girls and boys; (d) Amend its legislation to decriminalize abortion in cases of rape, incest, risk to the health of the mother and severe foetal impairment, remove punitive measures for women who undergo abortion and ensure the availability of abortion services; (e) Address the shortages of antiretroviral drugs for women and girls living with HIV/AIDS, ensure that all pregnant women living with HIV/AIDS receive adequate treatment, and expedite the adoption of the Bill on HIV/AIDS.”
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CESCR"The Committee is concerned at the high maternal mortality rates, which are due in part to the lack of adequate sexual and reproductive health services and the large number of unsafe abortions. The Committee is further concerned at the high teenage pregnancy rates (art. 12).
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CRC“The Committee welcomes the nationwide awareness-raising programmes regarding contraception but is concerned that maternal mortality of adolescents continues to be a significant health problem and that many girls die due to unsafe abortions. The Committee recommends that the State party continue to strengthen its awareness-raising programmes involving adolescents and families regarding sexual relations and ensure compliance with Resolution 1762 of the Ministry of Education (1996) whereby pregnant teenagers have the right to continue with their studies in all the schools of the country and the State party must do its utmost to strengthen policies and programmes aimed at avoiding harmful consequences and/or the death of teenagers due to unsafe abortions.”
“The Committee welcomes the consolidation of the National Programme on Sexual and Reproductive Health and the new protocol on adolescent health. It also notes the programmes undertaken to prevent and deal with unplanned teenage pregnancies. However, the Committee is deeply concerned that the State party has one of the highest rates of adolescent pregnancies in the region and that many of them result in maternal deaths. It is also concerned about the lack of access to safe abortion procedures due to a restrictive law on abortion and the lack of information on the actual impact of the programmes to reduce these pregnancies. In the light of its general comment No. 4 (2003) on adolescent health and development, the Committee recommends that the State party: (a) Collect disaggregated data on the number of deaths among pregnant girls and adolescents and undertake a study on the scope and root causes of these deaths; (b) Review its legislation on abortion and provide for additional exceptions in cases of pregnancy resulting from rape or incest, when the pregnancy poses a risk to the health of the adolescents and when abortion is in the best interests of the pregnant adolescent so as to prevent her from resorting to unsafe abortion. The State party should ensure in law and in practice that the views of the child always be heard and respected in abortion decisions. (c) Increase efforts to reduce maternal mortality among adolescents by implementing the existing protocol and providing adequate sexual and reproductive health services, including emergency contraception and ante-natal, delivery, post-natal and post-abortion services. In this endeavour, the State party is encouraged to consider the OHCHR’s technical guidance on the application of a rights-based approach to the implementation of policies and programmes to reduce preventable maternal mortality and morbidity (A/HRC/21/22). The State party is also encouraged to seek technical assistance from UNICEF. (…)”
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HRC“The criminalization of all non-therapeutic abortion poses serious problems, particularly in the light of unchallenged reports that many women are undergoing life-threatening illegal abortions. The legal duty imposed on health workers to report cases where women have undergone abortions may deter women from seeking medical treatment, thereby endangering their lives. The State party must adopt the necessary measures to guarantee the right to life (article 6) for pregnant women who decide to terminate their pregnancies, including amending the law to create exceptions to the general prohibition of all non-therapeutic abortion. The State party should protect the confidential nature of medical information.”
“The Committee welcomes the State party’s statement that the criminal provisions concerning abortion are not applied in practice. Nevertheless, it notes with concern that voluntary termination of pregnancy, except when it is essential in order to save a woman’s life, is still an offence under the Criminal Code, which leads pregnant women to seek clandestine abortions that endanger their lives and health (arts. 3, 6 and 7).
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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 |
|---|---|---|---|---|---|---|
Venezuela |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesArticle 430. The woman who intentionally aborts, making use of means used by herself, or by a third party, with her consent, will be punished with imprisonment from six months to two years. Article 431. Whoever caused a woman to have an abortion, with her consent, shall be punished with imprisonment from twelve to thirty months. If, as a result of the abortion and the means used to carry it out, the death of the woman occurs, the penalty shall be imprisonment from three to five years; and it will be from four to six years, if the death comes from having used means more dangerous than those consented to by her. Article 432. Whoever has procured the abortion of a woman, using, without her consent or against her will, means intended to produce it, shall be punished with imprisonment from fifteen months to three years. And if the abortion is carried out, the prison will be from three to five years. If, due to the abortion or the means used to procure it, the death of the woman occurs, the penalty shall be imprisonment from six to twelve years. If the guilty party is the husband, the penalties established in this article will be increased by one sixth. Article 433. When the culprit of any of the crimes provided for in the preceding articles is a person who practices the art of healing or any other profession or art regulated in the interest of public health, if said person has indicated, facilitated or used means with who have procured the abortion in which death has occurred, the legal penalties will be applied with an increase of one sixth. The conviction will always result in the suspension of the exercise of the art or profession of the guilty party, for a time equal to that of the sentence imposed. The doctor who provokes the abortion as an indispensable means to save the life of the woman in labor will not incur any penalty. Article 434. The penalties established in the preceding articles will be reduced in the proportion of one to two thirds and the prison will become prison, in the event that the author of the abortion has committed it to save his own honor or the honor of his family; wife, mother, descendant, sister or adopted daughter. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesArticle 430. The woman who intentionally aborts, making use of means used by herself, or by a third party, with her consent, will be punished with imprisonment from six months to two years. Article 431. Whoever caused a woman to have an abortion, with her consent, shall be punished with imprisonment from twelve to thirty months. If, as a result of the abortion and the means used to carry it out, the death of the woman occurs, the penalty shall be imprisonment from three to five years; and it will be from four to six years, if the death comes from having used means more dangerous than those consented to by her. Article 432. Whoever has procured the abortion of a woman, using, without her consent or against her will, means intended to produce it, shall be punished with imprisonment from fifteen months to three years. And if the abortion is carried out, the prison will be from three to five years. If, due to the abortion or the means used to procure it, the death of the woman occurs, the penalty shall be imprisonment from six to twelve years. If the guilty party is the husband, the penalties established in this article will be increased by one sixth. Article 433. When the culprit of any of the crimes provided for in the preceding articles is a person who practices the art of healing or any other profession or art regulated in the interest of public health, if said person has indicated, facilitated or used means with who have procured the abortion in which death has occurred, the legal penalties will be applied with an increase of one sixth. The conviction will always result in the suspension of the exercise of the art or profession of the guilty party, for a time equal to that of the sentence imposed. The doctor who provokes the abortion as an indispensable means to save the life of the woman in labor will not incur any penalty. Article 434. The penalties established in the preceding articles will be reduced in the proportion of one to two thirds and the prison will become prison, in the event that the author of the abortion has committed it to save his own honor or the honor of his family; wife, mother, descendant, sister or adopted daughter. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesArticle 430. The woman who intentionally aborts, making use of means used by herself, or by a third party, with her consent, will be punished with imprisonment from six months to two years. Article 431. Whoever caused a woman to have an abortion, with her consent, shall be punished with imprisonment from twelve to thirty months. If, as a result of the abortion and the means used to carry it out, the death of the woman occurs, the penalty shall be imprisonment from three to five years; and it will be from four to six years, if the death comes from having used means more dangerous than those consented to by her. Article 432. Whoever has procured the abortion of a woman, using, without her consent or against her will, means intended to produce it, shall be punished with imprisonment from fifteen months to three years. And if the abortion is carried out, the prison will be from three to five years. If, due to the abortion or the means used to procure it, the death of the woman occurs, the penalty shall be imprisonment from six to twelve years. If the guilty party is the husband, the penalties established in this article will be increased by one sixth. Article 433. When the culprit of any of the crimes provided for in the preceding articles is a person who practices the art of healing or any other profession or art regulated in the interest of public health, if said person has indicated, facilitated or used means with who have procured the abortion in which death has occurred, the legal penalties will be applied with an increase of one sixth. The conviction will always result in the suspension of the exercise of the art or profession of the guilty party, for a time equal to that of the sentence imposed. The doctor who provokes the abortion as an indispensable means to save the life of the woman in labor will not incur any penalty. Article 434. The penalties established in the preceding articles will be reduced in the proportion of one to two thirds and the prison will become prison, in the event that the author of the abortion has committed it to save his own honor or the honor of his family; wife, mother, descendant, sister or adopted daughter. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesArticle 431. Whoever caused a woman to have an abortion, with her consent, shall be punished with imprisonment from twelve to thirty months. If, as a result of the abortion and the means used to carry it out, the death of the woman occurs, the penalty shall be imprisonment from three to five years; and it will be from four to six years, if the death comes from having used means more dangerous than those consented to by her. Article 432. Whoever has procured the abortion of a woman, using, without her consent or against her will, means intended to produce it, shall be punished with imprisonment from fifteen months to three years. And if the abortion is carried out, the prison will be from three to five years. If, due to the abortion or the means used to procure it, the death of the woman occurs, the penalty shall be imprisonment from six to twelve years. If the guilty party is the husband, the penalties established in this article will be increased by one sixth. Article 433. When the culprit of any of the crimes provided for in the preceding articles is a person who practices the art of healing or any other profession or art regulated in the interest of public health, if said person has indicated, facilitated or used means with who have procured the abortion in which death has occurred, the legal penalties will be applied with an increase of one sixth. The conviction will always result in the suspension of the exercise of the art or profession of the guilty party, for a time equal to that of the sentence imposed. The doctor who provokes the abortion as an indispensable means to save the life of the woman in labor will not incur any penalty. Article 434. The penalties established in the preceding articles will be reduced in the proportion of one to two thirds and the prison will become prison, in the event that the author of the abortion has committed it to save his own honor or the honor of his family; wife, mother, descendant, sister or adopted daughter. |
PenaltiesArticle 432. Whoever has procured the abortion of a woman, using, without her consent or against her will, means intended to produce it, shall be punished with imprisonment from fifteen months to three years. And if the abortion is carried out, the prison will be from three to five years. If, due to the abortion or the means used to procure it, the death of the woman occurs, the penalty shall be imprisonment from six to twelve years. If the guilty party is the husband, the penalties established in this article will be increased by one sixth. Article 433. When the culprit of any of the crimes provided for in the preceding articles is a person who practices the art of healing or any other profession or art regulated in the interest of public health, if said person has indicated, facilitated or used means with who have procured the abortion in which death has occurred, the legal penalties will be applied with an increase of one sixth. The conviction will always result in the suspension of the exercise of the art or profession of the guilty party, for a time equal to that of the sentence imposed. The doctor who provokes the abortion as an indispensable means to save the life of the woman in labor will not incur any penalty. Article 434. The penalties established in the preceding articles will be reduced in the proportion of one to two thirds and the prison will become prison, in the event that the author of the abortion has committed it to save his own honor or the honor of his family; wife, mother, descendant, sister or adopted daughter. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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