Global Abortion Policies Database: Insights from WHO Guidance
The Global Abortion Policies Database (GAPD) serves as a vital tool to expand knowledge, encourage transparency, and promote accountability regarding abortion policies worldwide. This database provides detailed country profiles, including specific legal and policy documents, and insights from global health guidelines.
Identified Policies and Legal Sources Related to Abortion
The GAPD identifies a comprehensive range of policies and legal sources that govern abortion practices. These include:
- Reproductive Health Act
- General Medical Health Act
- Constitution
- Criminal / Penal Code
- Civil Code
- Ministerial Order / Decree
- Case Law
- Health Regulation / Clinical Guidelines
- EML / Registered List
- Medical Ethics Code
- Document Relating to Funding
- Abortion Specific Law
- Law on Medical Practicioners
- Law on Health Care Services
Specific examples of documents include the Essential Medicines List from 2018 and the Practice of Health Professions document from December 2005, which is part of the Law on Medical Practitioners.
Sanctions Related to Abortion
Various individuals can face sanctions in relation to abortion procedures:
- A woman or girl can be sanctioned
- Providers can be sanctioned
- A person who assists can be sanctioned
Ratified Human Rights Treaties
The GAPD also lists ratified human rights treaties, which can influence abortion policies. These include:
- CERD
- CCPR
- Xst OP
- 2nd OP
- CESCR
- CESCR-OP
- CAT
- CAT-OP
- CEDAW
- CEDAW-OP
- CRC
- CRC:OPSC
- CRC:OPAC
- CRC:OPIC
- CMW
- CRPD *
- CRPD-OP
- CED **
- Maputo Protocol
WHO Guidance on Abortion Care
The World Health Organization (WHO) provides critical guidance on abortion care, emphasizing a human rights-based approach. The following descriptions are extracted from the WHO Abortion Care Guideline.
Recommendations Against Grounds-Based Restrictions
The WHO Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. 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 guideline recommends abortion be available on the request of the woman, girl or other pregnant person. Until they are replaced with abortion on request, any existing grounds should be formulated and applied in a manner consistent with international human rights law. This means that the content, interpretation and application of grounds-based law and policy should be revised to ensure human rights compliance.
Definition of Health Grounds
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. This is outlined in the Abortion Care Guideline § 2.2.2.
Abortion for Substantial Pain or Suffering
This requires that abortion is available when carrying a pregnancy to term would cause the woman, girl or other pregnant person substantial pain or suffering, including but not limited to situations where the pregnancy is not viable. Grounds-based approaches that require fetal impairments to be fatal for abortion to be lawful frustrate providers and leave women no choice but to continue with pregnancy. Being required to continue with a pregnancy that causes significant distress violates numerous human rights. This guidance is also found in Abortion Care Guideline § 2.2.2.
For more detailed information, data can be downloaded for specific countries or for all countries within the database. Related documents, such as laws pertaining to the Practice of Health Professions, are also available for further reference.