Abortion in Afghanistan

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Abortion is illegal in Afghanistan unless the life of the mother is at risk or the baby's life is endangered, interpreted as the baby having a severe disability or low quality of life. [1] Afghanistan has one of the highest fertility rates in the world, but its levels are decreasing since the fall of the Taliban, as aid workers can now enter the country to help with fertility and decrease mortality rates. [2] [ needs update ] In turn, legislation on abortion is influenced by Islamic law. [1] [3]

Contents

Birthrates and fertility

Afghanistan has one of the highest fertility rates in the world, with very few women actively using contraceptive methods, despite support from the government and conformance with religious ethics. [4] [2] Only 22.5% of people utilize contraceptive measures in comparison to the United States, where 74.1% of people utilize contraception. [5] In the 1990s, the average woman in Afghanistan had 8 children throughout her lifetime, but this decreased in the mid-2000s to 6.3 and by the end of 2010 to 5.1. [2]

Since the Taliban's fall in 2001, fertility levels decreased. [2] The decreased presence of the Taliban has allowed an entrance of aid workers to the country to provide educational funding for schools, family planning, and more access to birth control. The uncontrolled high fertility rates make it difficult for Afghanistan to manage the poverty level and improve other social conditions, which leaves a high dependence on aid from other countries. High fertility rates cause high birthrates, which contribute to the high fetal mortality rate. [6] Afghanistan has the highest fetal mortality rate in the world, with 110.6 deaths per 1000 births. [5] Mothers are 19.9 years old on average at their first births. As access to education across Afghanistan is increasing due to the fall of the Taliban, the fetal mortality rate is also decreasing. In rural areas the mortality rate still remains high, but aid workers are being sent to many regions of the country after receiving training on deliveries and care for newborns. [7]

Current legislation

Afghan legislation is based heavily on Islamic views on abortion. [8] Article 3 of Chapter 1 outlines that no law in Afghanistan should contradict Islam. [8] The Afghan Independent Human Rights Commission was created to protect human rights and as a response to Shia Family Law, which violates human rights. [9] The heavy influence of religious beliefs on the law leads to strict laws surrounding abortion. Chapter 4 of the Afghanistan Penal Code outlines the consequences for performing abortions. It states that abortions are illegal unless the life of the mother is at risk or the baby's life is endangered, interpreted as the baby having a severe disability or low quality of life. [1] Article 402 says that anyone who purposefully kills a fetus will be sentenced to no more than seven years in prison. Article 403 says that anyone who performs the abortion will either be imprisoned or fined up to approximately 12,000 Afghanis (US$165). If the person performing the abortion is a doctor they will be punished to the fullest extent of the law. [1]

Access to abortions

Few legal cases allow women to seek abortion care. Women are able to get an abortion when their life is endangered by the pregnancy, or if the baby will be born with severe deformities or disabilities. [10] Religious ethical committees must rule on the ethics and legality of the abortion before it can be carried out. [11] After ethical approval of the abortion, the woman must obtain approval from a gynecologist, three general practitioners, a counselor, and permission of the doctor. [10] One additional situation that occasionally allows abortion to occur is poverty. This is especially prominent in areas that the Taliban is still present in. Within Taliban controlled areas, poverty based abortions are generally approved more often because they have too many children. [7]

Women often pursue abortions through illegal means because of the few cases that allow abortions legally. They believe it is necessary in order to avoid shame from their husbands, families, and society. This leads women to having to fund the abortion themselves, which can be difficult because of the social norm that it is women's job to have children and thus they do not have jobs outside of taking care of the house and the family. [10] Many women would prefer not to have children, but lack knowledge on how to limit the number of children they have outside of abortion. When pursuing abortions, they many times need to use uneducated midwives who do not know how to properly perform the procedure or deal with complications. Another option they have is to use expensive private clinics, which leads to the issue of funding the expenditure. Since women are typically unemployed, rounding up the funds for an abortion can be difficult. The price of an abortion has decreased from 250,000 Afghanis (US$3,500) to 17,500 Afghanis (US$250). [7] This decrease has been seen because of the increasing need of abortions. But the price is still 15,000 Afghani (US$150) higher than the average price of an abortion in the United States, where before June 24 2022 abortions were legal and generally publicly accepted. [7]

Safety of the procedure

Afghanistan is in the top 16 countries worldwide for the highest mortality rate from abortion. [12] The healthcare system in Afghanistan is also not at a level to properly care for pregnant mothers. [10] Every two hours there is a pregnancy-related death in Afghanistan. [7] The high maternal mortality is due to lack of post procedure care. Although the procedure is illegal in most cases, women still pursue abortions, motivating aid workers to make it safer. International aid workers are working to improve the safety of the procedures by educating midwives and nurses about how to improve care for their patients and limit mortality from the procedure. [7] Aid workers hope to decrease the stigma surrounding the procedure so that there is lower mortality.

Related Research Articles

Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of all pregnancies. When deliberate steps are taken to end a pregnancy, it is called an induced abortion, or less frequently "induced miscarriage". The unmodified word abortion generally refers to an induced abortion. The most common reasons women give for having an abortion are for birth-timing and limiting family size. Other reasons reported include maternal health, an inability to afford a child, domestic violence, lack of support, feeling they are too young, wishing to complete education or advance a career, and not being able or willing to raise a child conceived as a result of rape or incest.

<span class="mw-page-title-main">Multiple birth</span> End of a multiple pregnancy where two or more offspring are born

A multiple birth is the culmination of one multiple pregnancy, wherein the mother gives birth to two or more babies. A term most applicable to vertebrate species, multiple births occur in most kinds of mammals, with varying frequencies. Such births are often named according to the number of offspring, as in twins and triplets. In non-humans, the whole group may also be referred to as a litter, and multiple births may be more common than single births. Multiple births in humans are the exception and can be exceptionally rare in the largest mammals.

The abortion debate is a longstanding, ongoing controversy that touches on the moral, legal, medical, and religious aspects of induced abortion. In English-speaking countries, the debate most visibly polarizes around adherents of the self-described "pro-choice" and "pro-life" movements. Pro-choice supporters uphold that individuals have the right to make their own decisions about their reproductive health, and that they should have the option to end a pregnancy if they choose to do so, taking into account various factors such as the stage of fetal development, the health of the woman, and the circumstances of the conception. Pro-life advocates, on the other hand, maintain that a fetus is a human being with inherent rights that cannot be overridden by the woman's choice or circumstances, and that abortion is morally wrong in most or all cases. Both terms are considered loaded words in mainstream media, where terms such as "abortion rights" or "anti-abortion" are generally preferred.

<span class="mw-page-title-main">Maternal death</span> Aspect of human reproduction and medicine

Maternal death or maternal mortality is defined in slightly different ways by several different health organizations. The World Health Organization (WHO) defines maternal death as the death of a pregnant mother due to complications related to pregnancy, underlying conditions worsened by the pregnancy or management of these conditions. This can occur either while she is pregnant or within six weeks of resolution of the pregnancy. The CDC definition of pregnancy-related deaths extends the period of consideration to include one year from the resolution of the pregnancy. Pregnancy associated death, as defined by the American College of Obstetricians and Gynecologists (ACOG), are all deaths occurring within one year of a pregnancy resolution. Identification of pregnancy associated deaths is important for deciding whether or not the pregnancy was a direct or indirect contributing cause of the death.

<span class="mw-page-title-main">Abortion law</span> Laws that allow, prohibit, or regulate abortion

Abortion laws vary widely among countries and territories, and have changed over time. Such laws range from abortion being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances. Many countries and territories that allow abortion have gestational limits for the procedure depending on the reason; with the majority being up to 12 weeks for abortion on request, up to 24 weeks for rape, incest, or socioeconomic reasons, and more for fetal impairment or risk to the woman's health or life. As of 2022, countries that legally allow abortion on request or for socioeconomic reasons comprise about 60% of the world's population. In 2024, France became the first country to explicitly protect abortion rights in its constitution.

Chile's abortion laws have undergone significant changes in recent years. Prior to 2017, Chile had one of the strictest abortion laws globally, prohibiting the practice altogether. However, since then, abortion has become legal in certain circumstances.

Fetal viability is the ability of a human fetus to survive outside the uterus. Viability depends upon factors such as birth weight, gestational age, and the availability of advanced medical care. In low-income countries, more than 90% of extremely preterm newborns die due to a lack of said medical care; in high-income countries, the vast majority of these newborns survive.

<span class="mw-page-title-main">Sexual and reproductive health</span> State of the reproductive system without evidence of disease, disorders, or deficiencies

Sexual and reproductive health (SRH) is a field of research, health care, and social activism that explores the health of an individual's reproductive system and sexual well-being during all stages of their life. Sexual and reproductive health is more commonly defined as sexual and reproductive health and rights, to encompass individual agency to make choices about their sexual and reproductive lives.

Abortion in Iran, as can be expected of many government policies, changed drastically between governments.

Abortion is illegal in El Salvador. The law formerly permitted an abortion to be performed under some limited circumstances, but in 1998 all exceptions were removed when a new abortion law went into effect.

In Trinidad and Tobago, abortion is illegal save for few exceptions. The respective laws are in place since 1925.

<span class="mw-page-title-main">Family planning in Pakistan</span> Political issue

Even though there is considerable demand for family planning in Pakistan, the adoption of family planning has been hampered by government neglect, lack of services and misconceptions. Demographics play a large role in Pakistan's development and security since the change from military rule to civilian leadership. Challenges to Pakistani's well-being, opportunities for education and employment, and access to health care are escalated due to the country's continuously-growing population. It was estimated in 2005 that Pakistan's population totaled 151 million; a number which grows 1.9 percent annually, equaling a 2.9 million population growth per year. Though Pakistan's fertility rates still exceed those of neighboring South Asian countries with a total fertility rate at 4.1 and contraception use is lower than 35 percent, approximately one-fourth of Pakistani women wish to either delay the birth of their next child or end childbearing altogether.

<span class="mw-page-title-main">Maternal health in Uganda</span>

Uganda, like many developing countries, has high maternal mortality ratio at 153 per 100,000 live births. According to the World Health Organization (WHO), a maternal death is the death of a woman while pregnant or within 42 days of termination of pregnancy, irrespective of the duration and site of the pregnancy, from any cause related to or aggravated by the pregnancy or its management but not from accidental or incidental causes. In situations where attribution of the cause of death is inadequate, another definition, pregnancy-related death was coined by the US Centers for Disease Control (CDC), defined as the death of a woman while pregnant or within 42 days of termination of pregnancy, irrespective of the cause of death.

Abortion in Cuba is legal and available upon request, which is rare in Latin America because of widespread Catholic influence.

<span class="mw-page-title-main">Abortion-rights movements</span> Social movement advocating for legal access to abortion

Abortion-rights movements, also self-styled as pro-choice movements, advocate for the right to have legal access to induced abortion services including elective abortion. They seek to represent and support women who wish to terminate their pregnancy without fear of legal or social backlash. These movements are in direct opposition to anti-abortion movements.

Abortion in Kazakhstan is legal as an elective procedure up to 12 weeks, and special circumstances afterwards. The relevant legislation is based on the laws inherited from the country's Soviet past, when abortion was legally permitted as a contraceptive.

A termination for medical reasons (TFMR) is an induced abortion motivated by medical indications involving the fetus or mother. In some countries, health risks are the only basis for obtaining a legal abortion. Prenatal screening can allow early diagnosis, and abortion if desired or necessary. Some medical organizations advocate the offer of diagnostic testing by chorionic villi sampling, and amniocentesis to all pregnant women, as a matter of course.

In Yemen, abortions are only “permitted to save the life of a pregnant woman”, making it one of the strictest abortion laws in the Middle East and the world. Abortion is not widely accepted in Yemeni society. However, because of the recent conflict in Yemen, rape, honor killings, and unsafe abortions have increased in Yemen. According to a study conducted by Canadian Studies in Population, the number of unsafe and illegal abortions are high in Yemen, which can lead to fatal health risks for women.

Sex-selective abortion is the act of aborting a child due to its predicted sex. This practice gained popularity in the mid-1980s to early 1990s in South Korea, where selective female abortions were commonplace as male children were preferred. As a result, South Koreans aborted a much higher number of female fetuses than male ones in the 1980s and early 1990s. Historically, much of Korea's values and traditions were based on Confucianism, which dictates a patriarchal system, thus motivating the preference for sons over daughters. Additionally, even though the abortion ban existed, the combination of son preference and availability of sex-selective technology led to an increasing number of sex-selective abortions and boys born. As a result, South Korea experienced drastically high sex ratios around mid-1980s to early 1990s. However, in recent years, with the changes in family policies and modernization, attitudes towards son preference have changed, normalizing the sex ratio and lowering the number of sex-selective abortions. Additionally, during the entire 20th century South Korean women benefitted greatly from gender inequality declining at one of the fastest rates worldwide. However, there has been no explicit data collected on the number of induced sex selective abortions performed due to the abortion ban and controversy surrounding the topic. Therefore, scholars have been continuously analyzing and generating connections among sex-selection, abortion policies, gender discrimination, and other cultural factors.

Abortion is illegal in Tanzania except to preserve the life of the mother. Under the Tanzanian penal code, health practitioners who perform illegal abortions may receive sentences of up to 14 years in prison, while those who procure abortions for themselves may be sentenced to up to seven years in prison.

References

  1. 1 2 3 4 "Abortion in Afghanistan". Women In Afghanistan. Word Press. 2015-11-05. Retrieved 23 May 2018.
  2. 1 2 3 4 Nasser, Haya El; Overberg, Paul. "Fertility rate drops in Afghanistan, but will it continue?". USA Today. Retrieved 13 May 2018.
  3. ↑ Athat, Shahidi. "Islam and Abortion". Islamic Horizons. 45 (4): 40–41.
  4. ↑ Abortion Policies: A Global Review. New York: United Nations. 2001. pp. 17–18.
  5. 1 2 "The World Factbook: Afghanistan". Central Intelligence Agency. Retrieved 18 May 2018.
  6. ↑ Constable, Pamela. "Afghan babies have been dying in huge numbers for decades. Now, something is changing". World Views. The Washington Post. Retrieved 13 May 2018.
  7. 1 2 3 4 5 6 Rasmussen, Sune (2017-04-26). "'I Am a Criminal. What is My Crime?': the Human Toll of Abortion in Afghanistan". The Guardian. Guardian News and Media. Retrieved 11 May 2018.
  8. 1 2 "The Constitution ::: Embassy of Afghanistan". www.afghanembassy.us. Archived from the original on 2016-09-20. Retrieved 2018-06-10.
  9. ↑ "Afghanistan Independent Human Rights Commission". www.aihrc.org.af. Retrieved 2018-06-10.
  10. 1 2 3 4 Hasrat-Nazimi, Waslat. "Afghan women use abortion as a way out". DW Made for Minds. Deutsche Welle. Retrieved 13 May 2018.
  11. ↑ Bowen, Donna Lee (1997). "Abortion, Islam, and the 1994 Cairo Population Conference". International Journal of Middle East Studies. 29 (2): 161–184. doi:10.1017/s002074380006445x. S2CID   153840792.
  12. ↑ Ansari, Nasratullah (February 2015). "Assessing Post-Abortion Care in Health Facilities in Afghanistan: A Cross-Sectional Study". BMC Pregnancy and Childbirth. 15 (1): 6. doi: 10.1186/s12884-015-0439-x . PMC   4320442 . PMID   25645657.
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