Almost all countries criminalise abortion in some circumstances, study finds

Almost all countries criminalise abortion in some circumstances, despite the public health risks and impact on human rights, a study published in the BMJ Global Health journal has found.

The study reviewed the scope of penalties for the procedure in 182 countries and found that 134 penalise those seeking an abortion, while 181 penalise providers, and 159 penalise those who assist in the procedure.

According to the researchers, the evidence indicates that “criminalisation doesn’t deter women from deciding to have an abortion; rather, it limits or delays access to safe abortion and increases the need to turn to unsafe and unregulated services”.

Criminalisation also “helps erode the availability of trained abortion providers and relevant skills in the health workforce”, they said.

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To find out the extent of criminal penalties for seeking, providing, and assisting with abortions around the world, the researchers analysed data up to October 2022 from the Global Abortion Policies Database, which covers members of the United Nations.

Nine countries were excluded from the review because the regulation of abortion is not uniform in different jurisdictions. These were: Nigeria; Bosnia; the UK; Mexico; the United States; Australia; China; Switzerland; and Canada.

Analysis of the data showed that in 163 countries, the definition of, and penalties for, abortion-related offences are contained in the general penal code.

In 12 countries, the offences and penalties are found in abortion-specific laws. In eight countries, they are found in other types of legal sources, such as health codes, reproductive health laws, and laws about children.

In 11 countries, abortion is completely criminalised and prohibited in all circumstances, while the procedure is criminalised in some circumstances in most other countries.

There is a wide range of penalties that people convicted of abortion-related offences can face, although fines and imprisonment were the most common.

In 91 countries, the maximum penalty for those seeking a termination is up to five years imprisonment for a consensual abortion, where no aggravating factors apply.

[ Polish court convicts activist over providing woman with abortion pills ]

In 25 countries, the maximum penalty is between five and 10 years, and between 10 years and life imprisonment in Equatorial Guinea and Zambia.

In Kiribati, Solomon Islands, Tuvalu, Barbados, Belize, and Jamaica, a person seeking an abortion can be imprisoned for life.

The study found that 48 countries impose fines. While in some countries fines can be imposed as an alternative to prison, in most, fines can be imposed in addition to a prison sentence. Similar punishments apply to providers, the study found.

[ Abortion review expected to be sent to Minister within weeks ]

Where aggravating factors apply, such as a death, young age, or withheld consent, the maximum prison sentence for providers can be 20 years or more in Algeria, Burundi, Malaysia, Mali, Morocco, Sri Lanka, Thailand, Ivory Coast and Turkey. Elsewhere, in Benin, Burkina Faso, Rwanda, Singapore, South Sudan and India, the sentence is life imprisonment.

Other penalties may apply in some countries. These include prohibitions on residence or on the exercise of “civic and family rights”; transportation for life; retributive justice; “blood money”; community service; hard labour; and forced labour.

“The sheer range of penalties that persons involved in the abortion may face, depending on where they are, support the argument that provisions criminalising abortions are arbitrary,” the researchers said.