Guidelines for Safe Abortion Access
Guidelines for Safe Abortion Access
Key messages
`` Laws and policies on abortion should protect women’s health and their human rights.
`` Regulatory, policy and programmatic barriers that hinder access to and timely provision of safe
abortion care should be removed.
`` An enabling regulatory and policy environment is needed to ensure that every woman who is legally
eligible has ready access to safe abortion care.
`` Policies should be geared to respecting, protecting and fulfilling the human rights of women; to
achieving positive health outcomes for women; to providing good-quality contraceptive information
and services; and to meeting the particular needs of poor women, adolescents, rape survivors and
women living with HIV.
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When there is fetal impairment: often more than one – of the above grounds, and they
Fifty per cent of countries allow abortion upon accept all of these as legitimate, without requiring
diagnosis of fetal impairment (22 ). Several a specific reason. This legal ground recognizes the
countries specify the kinds of impairment, such conditions for a woman’s free choice and that the
as those considered to be incompatible with life ultimate decision on whether to continue or terminate
or independent life, while others provide lists of her pregnancy belongs to the woman alone.
impairments. In some countries, no reference is
made in the law to fetal impairment; rather, health
III. Planning and managing safe
protection or social reasons are interpreted to include
distress of the pregnant woman caused by the
abortion care
diagnosis of fetal impairment (31,32 ). When performed by skilled providers using correct
medical techniques and drugs, and under hygienic
Prenatal tests and other medical diagnostic services
conditions, induced abortion is a very safe medical
cannot legally be refused because the woman may
procedure. Unsafe abortion and associated morbidity
decide to terminate her pregnancy. A woman is
and mortality in women are avoidable. Safe abortion
entitled to know the status of her pregnancy and to
services should be readily available and affordable
act on this information.
to all women to the full extent of the law. This means
For economic and social reasons: services should be available at primary care level, with
Thirty-five per cent of countries allow abortion based referral systems in place for all required higher-level
on a woman’s social and economic circumstances care.
(22 ). In countries that permit abortion for economic
Actions to strengthen policies and services related
and social reasons, the legal grounds are interpreted
to abortion should be based on the health needs
by reference to whether continued pregnancy would
and human rights of women and a thorough
affect the actual or foreseeable circumstances of the
understanding of the service-delivery system and
woman, including her achievement of the highest
the broader social, cultural, political and economic
attainable standard of health.
context.
On request:
National standards and guidelines for safe abortion
Thirty per cent of countries allow abortion upon
care should be evidence based and periodically
request of the pregnant woman (22 ). Allowing
updated, and should provide the necessary guidance
abortion on request has emerged as countries have
to achieve equitable access to good-quality care.
recognized that women seek abortions on one – and
`` take actions to prevent unsafe abortion and reduce maternal deaths related to abortion,
including by amending restrictive laws that threaten the lives of women, including
adolescents (27,33,36,40,41,47–58 ).
`` provide legal abortion in cases where the continued pregnancy endangers the health of
women, including adolescents (35,36,42,47,52,58–64 ).
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Human rights bodies recommendations to States regarding
planning and managing safe abortion care
`` ensure timely access to a range of good-quality sexual and reproductive health services,
including for adolescents, which are delivered in a way that ensures a woman’s fully
informed consent, respects her dignity, guarantees her confidentiality and is sensitive to
her needs and perspectives (33–35,37–40,53,72–74 ).
`` reduce maternal morbidity and mortality in adolescents, particularly caused by early pregnancy
and unsafe abortion practices, and develop and implement programmes that provide access
to sexual and reproductive health services, including family planning, contraception and safe
abortion services where abortion is not against the law (37,40,43,48,58,59,61,74–77 ).
`` provide information on sexual and reproductive health, as well as mechanisms to ensure that
all women, including adolescents, have access to information about legal abortion services
(46,59 ).
IV. Eliminating regulatory policy and •• failing to assure referral in case of conscientious
objection;
access barriers to safe abortion care
The legal grounds, and the scope of their •• requiring mandatory waiting periods;
interpretation, are only one dimension of the legal and •• censoring, withholding or intentionally
policy environment that affects women’s access to safe misrepresenting health-related information;
abortion. Health system and service-delivery barriers •• excluding coverage for abortion services under
may also be codified in laws, regulations, policies and health insurance, or failing to eliminate or reduce
practices. Laws, policies and practices that restrict service fees for poor women and adolescents;
access to abortion information and services can deter
•• failing to guarantee confidentiality and privacy,
women from care seeking and create a chilling effect
including for treatment of abortion complications;
(suppression of actions because of fear of reprisals or
penalties). •• requiring women to provide the names of
practitioners of illegal abortion before providing
Examples of barriers include:
them with treatment for complications from the
•• prohibiting access to information on legal abortion procedure;
services, or failing to provide public information on
•• restrictive interpretation of legal grounds.
the legal status of abortion;
•• requiring third-party authorization from one These barriers contribute to unsafe abortion because
or more medical professionals or a hospital they:
committee, court or police, parent or guardian or a •• deter both women from seeking care and providers
woman’s partner or spouse; from delivering services within the formal health
•• restricting available methods of abortion, including system;
surgical and medical methods through, for •• cause delays in access to services, which may result
instance, lack of regulatory approval for essential in denial of services due to gestational limits on
medicines; legal grounds;
•• restricting the range of health-care providers and •• create complex and burdensome administrative
facilities that can safely provide services, e.g. to procedures;
physicians in inpatient facilities with sophisticated •• increase the costs of accessing abortion services;
equipment;
•• limit the availability of services and their equitable
geographic distribution.
4
Human rights bodies recommendations to States on
eliminating regulatory and policy barriers to safe abortion care
`` remove third-party authorization requirements that interfere with women’s and
adolescents’ right to make decisions about reproduction, including on abortion,
and to exercise control over their bodies (23,59,61).
`` eliminate barriers that impede women’s access to health services, such as high fees, the
requirement for preliminary authorization by spouse, parent or hospital authorities, long
distances from health facilities, and the absence of convenient and affordable public
transport; and ensure that the exercise of conscientious objection does not prevent women
from accessing services to which they are legally entitled (35,40,59,76,78–81 ).
`` implement a legal and/or policy framework that enables women to access abortion where
the medical procedure is permitted under the law (71,82,83 ).
`` ensure abortion services that are allowable by law are accessible in practice
(35,47,58,59,63,64,71,83,84 ).
`` institutional and administrative mechanisms should be in place and should protect against
unduly restrictive interpretations of legal grounds (71,83,84 ).
`` provide timely treatment for abortion complications regardless of the law on induced
abortion, to protect a woman’s life and health (33,34,37,39,68,70,76,85,87 ).
`` eliminate the practice of extracting confessions for prosecution purposes from women
seeking emergency medical care as a result of illegal abortion, as well as court authorization
and the legal requirement for doctors and other health-care personnel to report cases of
women who have undergone abortion (23,73,85,88 ).
`` provide quality treatment for complications from unsafe abortion in ways that preserve
women’s privacy, confidentiality and dignity (41,46,68 ).
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the legal grounds for abortion (33,34,37,39,70,85,86 ). 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).
Laws, regulations and policies should aim to: •• meet the particular needs of women belonging
to vulnerable and disadvantaged groups, such as
•• respect, protect and fulfil the human rights of
poor women, adolescents, single women, refugees
women, including women’s dignity, autonomy and
and displaced women, women living with HIV, and
equality;
survivors of rape.
•• promote and protect women’s health as a state of
complete physical, mental and social well-being; While States differ in prevailing national health system
conditions and constraints on available resources,
•• minimize the rate of unintended pregnancy by
all States can take immediate and targeted steps to
providing good-quality contraceptive information
elaborate comprehensive polices that expand access
and services, including a broad range of
to sexual and reproductive health services, including
contraceptive methods, emergency contraception
safe abortion care.
and comprehensive sexuality education;
Unsafe abortion and associated morbidity and
mortality in women are avoidable. Nearly every death
and harm from unsafe abortion can be prevented
through sexuality education, use of effective
contraception, provision of safe, legal abortion and
emergency treatment of abortion complications.
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