Abortion in Equatorial Guinea

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In Equatorial Guinea, abortion is only legal if the pregnancy poses a risk to health or life of the mother or fetus, or in the case of pregnancy from rape or incest, up to twelve weeks of gestational age. Equatorial Guinea mandates spousal consent for abortions. People who receive or assist with illegal abortions may face fines or prison. A 1991 abortion law banned abortions except to save the life or health of the mother. A 2020 law expanded legal grounds. Abortion is considered forbidden in Fang culture and is widely opposed by Catholics, the main religious group in the country.

Contents

Legislation

The Law on Regulation of Abortion, 1991, says that abortion is legal only in the cases of risk to health or life. This law states that an abortion must be performed at a health center with approval of a health professional. [1] It says that the spouse or guardian of the pregnant woman may object to an abortion, though courts may overrule this objection. [2] Illegal abortions may be punished by six months to twelve years in prison for people who receive or provide abortions, as well as for parents who cooperate with the abortion. [1]

Law 4/2020 on Sexual and Reproductive Rights was approved in June 2020. It established a right to family planning and regulated contraception and therapeutic abortion. [3] Article 23 of the law permits abortion if a medical professional determines the pregnancy risks the life of the woman or fetal defects, or in the case of rape or incest. Article 24 sets a gestational limit of twelve weeks. [4]

The penal code of Equatorial Guinea lists abortion as a criminal offense, though the government has stated that this law is not in effect, according to the Office of the United Nations High Commissioner for Human Rights. [5] As of June 2022, Equatorial Guinea is one of eleven countries that requires spousal consent for abortion. [6] Equatorial Guinea has ratified the Maputo Protocol, which includes a right to safe abortion. [7]

Prevalence

The Global Abortion Policies Database does not have data on the abortion rate in Equatorial Guinea. [1] [8] According to the Guttmacher Institute, 64% of reproductive-aged women in Equatorial Guinea have an unmet need for contraception, which contributes to abortions. [9]

The country's population is predominantly Catholic and adheres to Catholic opposition to abortion. [10] Traditionally, Fang people have rarely used contraception or abortion, which are culturally forbidden as large family sizes are valued. In 1994, the only hospital in the rural Nsork district reported an abortion rate of 0.48 per woman, which was not correlated with age. [11] Rumors claim that Chinese medical providers, which are poorly regulated in the country, perform illegal and deadly abortions. [12] The Gabon-based Middle African Network for Women’s Reproductive Health aims to increase access to post-abortion care in Gabon, Cameroon, and Equatorial Guinea. It has conducted workshops with midwives in Equatorial Guinea. [7]

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 given 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">Abortion in the United States</span>

In the United States, abortion is a divisive issue in politics and culture wars, though a majority of Americans support access to abortion. Abortion laws vary widely from state to state.

<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, while Yugoslavia implicitly inscribed abortion rights in its constitution in 1974.

Reproductive rights are legal rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world. The World Health Organization defines reproductive rights as follows:

Reproductive rights rest on the recognition of the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, and the right to attain the highest standard of sexual and reproductive health. They also include the right of all to make decisions concerning reproduction free of discrimination, coercion and violence.

<span class="mw-page-title-main">Abortion in South Africa</span>

Abortion in South Africa is legal by request when the pregnancy is under 13 weeks. It is also legal to terminate a pregnancy between weeks 13 and 20 if the continued pregnancy would significantly affect the woman's social or economic circumstances, poses a risk of injury to the woman's physical or mental health, there is a substantial risk that the foetus would suffer from a severe physical or mental abnormality, or the pregnancy resulted from rape or incest. If the pregnancy is more than 20 weeks, a termination is legal if the foetus' life is in danger, or there is a likelihood of serious birth defects.

<span class="mw-page-title-main">Abortion law in the United States by state</span>

The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly, depending on the laws of each state or other jurisdiction, although there is no uniform federal law. Some states prohibit abortion at all stages of pregnancy, with few exceptions; others permit it up to a certain point in a woman's pregnancy, while some allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.

The Choice on Termination of Pregnancy Act, 1996 is the law governing abortion in South Africa. It allows abortion on demand up to the twelfth week of pregnancy, under broadly specified circumstances from the thirteenth to the twentieth week, and only for serious medical reasons after the twentieth week. The Act has been described by the Guttmacher Institute as "one of the most liberal abortion laws in the world".

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

Abortion-rights movements, also self-styled as pro-choice movements, are movements that advocate for 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.

<span class="mw-page-title-main">Reproductive rights in Latin America</span>

Latin America is home to some of the few countries of the world with a complete ban on abortion and minimal policies on reproductive rights, but it also contains some of the most progressive reproductive rights movements in the world. With roots in indigenous groups, the issues of reproductive rights include abortion, sexual autonomy, reproductive healthcare, and access to contraceptive measures. Modern reproductive rights movements most notably include Marea Verde, which has led to much reproductive legislation reform. Cuba has acted as a trail-blazer towards more liberal reproductive laws for the rest of Latin America, while other countries like El Salvador and Honduras have tightened restrictions on reproductive rights.

Abortion in Uganda is illegal unless performed by a licensed medical doctor in a situation where the woman's life is deemed to be at risk.

Abortion in Vietnam is legal until 22 weeks of pregnancy and provided free of charge by the state through Article 44 of the 1989 Public Health Protection Law. Vietnam also has one of the highest rates of abortion that has been surveyed in the world and its abortion laws are among the most liberal in Southeast Asia and the world.

Abortion in Minnesota is legal at all stages of pregnancy and is restricted only to standards of good medical practice. The Minnesota Supreme Court ruled the Minnesota Constitution conferred a right to an abortion in 1995 and the DFL-led Minnesota Legislature passed and Minnesota Governor Tim Walz signed into law a bill in 2023 to recognize a right to reproductive freedom and preventing local units of government from limiting that right. The Center for Reproductive Rights labels Minnesota as one of the most abortion-protective states in the country.

Abortion in Mississippi is illegal. The new law took effect on July 7, 2022, after Mississippi State Attorney General Lynn Fitch certified on June 27, the Supreme Court decision on Dobbs v. Jackson Women's Health Organization on June 24 of that year. State Attorney General Lynn Fitch's certification made Mississippi's 2007 'trigger law' go into effect and ban all abortions in the state, “except in the case where necessary for the preservation of the mother's life or where the pregnancy was caused by rape".

Abortion in Nevada is legal up to the 24th week of pregnancy, under the Nevada Revised Statutes chapter 442, section 250; and after 24 weeks if the pregnancy could be fatal for the mother. 62% of adults said in a 2014 poll by the Pew Research Center that abortion should be legal while 34% said it should by illegal in all or most cases. The 2023 American Values Atlas reported that, in their most recent survey, 76% of Nevadans said that abortion should be legal in all or most cases. Legislation by 2007 required informed consent. Attempts were successfully made to pass abortion legislation in May 2019, being pushed through a largely Democratic controlled state legislature. The number of abortion clinics in Nevada has declined over the years, with 25 in 1982, seventeen in 1992 and thirteen in 2014. There were 8,132 legal abortions in 2014, and 7,116 in 2015. Due to the high level of support for abortion rights in the state, continued access to abortion is supported by all parties, including the Republicans.

Abortion in Oregon is legal at all stages of pregnancy. The Center for Reproductive Rights classifies Oregon as highly protective of abortion rights.

Abortion in Utah is legally performed under a temporary restraining order blocking enforcement of the state's trigger law, which bans abortion. According to HB136, which is effective state law from June 28, 2022, abortions are banned following 18 weeks of gestation. Abortion was banned following the Supreme Court case, Dobbs v. Jackson Women's Health Organization on June 24, 2022. Utah State Legislation enacted SB 174 in May 2020, which, upon the overturn of Roe v. Wade, made inducing an abortion a second-degree felony. The law includes exceptions for pregnancies "caused by rape or incest," pregnancies that put the mother's life at risk, or "if two doctors say the fetus has a lethal defect." Rape and incest exceptions will only be viable if the crimes were previously reported to law enforcement officials.

In Eswatini, abortion is a criminal offence. The 2005 Constitution of Eswatini allows exceptions if approved by a doctor. Providing or receiving an illegal abortion is punishable by life imprisonment.

<span class="mw-page-title-main">Abortion in Africa</span>

In Africa, abortion is subject to various national abortion laws. Most women in Africa live in countries with restrictive laws. Most countries in Africa are parties to the African Union's Maputo Protocol, the only international treaty that defines a right to abortion. Sub-Saharan Africa is the world region with the highest rates of unsafe abortions and abortion mortality. Most abortions in the region are unsafe. The region has the highest rate of unintended pregnancy, the primary motive for abortion. The most likely women to have abortions are young, unmarried, or urban. Post-abortion care is widely available.

In Guinea, abortion is illegal unless the pregnancy poses a threat to the life or health of the pregnant woman or fetus, if it resulted from rape, or if the pregnant woman is a minor. Illegal abortions are punishable by fines and prison. Legal abortions require approval from doctors in the case of therapeutic abortion or ethics committees in the case of abortion from rape. The conditions for legal abortion are debated. Women's rights activists and journalists have advocated for reform.

In Gabon, abortion is only legal in the cases of risk to the mother's life, risk of birth defects, pregnancy from rape or incest, or if the mother is a minor in distress, up to ten weeks of pregnancy. Illegal abortions are punishable by prison or fines. Gabon has one of the highest rates of abortion in Sub-Saharan Africa.

References

  1. 1 2 3 "Country Profile: Equatorial Guinea". Global Abortion Policies Database. 9 August 2022. Retrieved 19 October 2024.
  2. ↑ Cook, R J; Dickens, B M; Bliss, L E (April 1999). "International developments in abortion law from 1988 to 1998". American Journal of Public Health. 89 (4): 579–586. doi:10.2105/AJPH.89.4.579. ISSN   0090-0036. PMC   1508897 . PMID   10191808.
  3. ↑ "Se aprueba la Ley sobre Derechos Sexuales y Reproductivos en la República de Guinea Ecuatorial" [Law on Sexual and Reproductive Rights in the Republic of Equatorial Guinea is approved]. AhoraEG (in Spanish). 24 June 2020. Retrieved 22 October 2024.
  4. ↑ "Universal Periodic Review 2024 Equatorial Guinea" (PDF). European Centre for Law and Justice . April 2024. Retrieved 19 October 2024.
  5. ↑ "Observaciones finales sobre Guinea Ecuatorial en ausencia de su informe inicial" [Final observations on Equatorial Guinea in absence of its initial report](PDF). OHCHR (in Spanish). 22 August 2019. Retrieved 19 October 2019.
  6. ↑ Ye He Lee, Michelle; Mio Inuma, Julia (14 June 2022). "In Japan, abortion is legal — but most women need their husband's consent". The Washington Post . Retrieved 22 October 2024.
  7. 1 2 Ndembi Ndembi, Aimée Patricia; Mekuí, Justine; Pheterson, Gail; Alblas, Marijke (9 December 2019). "Midwives and Post-abortion Care in Gabon: "Things have really changed"". Health & Human Rights . 21 (2): 145–155. PMC   6927380 . PMID   31885444.
  8. ↑ Lavelanet, Antonella F.; Schlitt, Stephanie; Johnson, Brooke Ronald; Ganatra, Bela (20 December 2018). "Global Abortion Policies Database: a descriptive analysis of the legal categories of lawful abortion". BMC International Health and Human Rights. 18 (1): 44. doi: 10.1186/s12914-018-0183-1 . ISSN   1472-698X. PMC   6302420 . PMID   30572956.
  9. ↑ "Country profile: Equatorial Guinea". Guttmacher Institute . 2022. Retrieved 22 October 2024.
  10. ↑ "Le Comité des droits de l'homme se penche sur l'application du Pacte en Guinée équatoriale" [The Commission for Human Rights examines the application of the convention in Equatorial Guinea]. Office of the United Nations High Commissioner for Human Rights (in French). 11 July 2019. Retrieved 22 October 2024.
  11. ↑ Sainz de la Maza Kaufmann, Marta; González-Kirchner, Juan Pedro (1 August 1994). "Patterns of reproduction among the Fang of Nsork (Equatorial Guinea): pregnancies,·abortions and child spacing". Revista de Biología Tropical (in Spanish). 42 (1–2): 315–318. ISSN   2215-2075. PMID   7480939.
  12. ↑ Esteban, Mario (1 August 2010). "A Silent Invasion? African Views on the Growing Chinese Presence in Africa: The Case of Equatorial Guinea: African & Asian Studies". African & Asian Studies. 9 (3): 232–251. doi:10.1163/156921010X515941.
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