In Seychelles, abortion is legal in the cases of risk to life, risk to physical or mental health, birth defects, pregnancy from rape, or mental incapacity. Abortion must be approved by three doctors or by a judge. It is only permitted in the first twelve weeks of pregnancy, except in exceptional circumstances. There is only one legal abortion provider, Victoria Hospital. The rate of illegal abortion is believed to be high.
Abortion was banned under French rule. The United Kingdom's Abortion Act 1967 influenced the easing of restrictions in the Seychelles. The country passed abortion legislation in 1981 and 1984. There have not been major movements to legalise abortion. The rates of unintended pregnancy have fallen in the 21st century. However, the rate of teenage pregnancy has remained high, motivating abortion among adolescents. In response, the government, gynaecologists, and activists have promoted sexual education about abortion for teenagers.
Legislation
The Termination of Pregnancy Act of 1994 defines the legal grounds for abortion. Abortion is legal if the pregnancy poses a risk to the life or physical mental health of the mother, or if it may cause birth defects. A judge may authorise an abortion if the pregnancy was caused by rape or if the mother is psychologically unfit. The act sets a gestational limit of twelve weeks, unless the Director of Health Services determines that exceptional circumstances require late termination of pregnancy.[1] An abortion must be authorised by three doctors, including a specialist. Minors must receive parental consent. The only legal abortion provider is Victoria Hospital.[2]
History
Under the French colonial government, Seychelles adopted the French Penal Code of 1810, banning abortion. A 1939 amendment permitted abortion only to save the mother's life.[3] After the United Kingdom enacted the Abortion Act 1967, which permitted abortion under certain grounds, almost identical laws were enacted in Zambia and Seychelles,[4] including a clause allowing conscientious objection to abortion.[5] Unlike this law, the law in the Seychelles does not include socioeconomic grounds for abortion.[6] The Termination of Pregnancy Act of 1981 defined the legal grounds for abortion.[7] When the Constitution of Seychelles was rewritten in 1992, the ruling Seychelles People's Progressive Front included a statement permitting abortion. The opposition parties rejected this, backed by the Catholic Church.[8] The Termination of Pregnancy Act of 1994 changed the gestational limit.[9] Seychelles signed the Maputo Protocol, which includes a right to abortion, in 2006.[10] According to Imaz Press Réunion[fr] in 2022, Seychelles is unlikely to legalise abortion on demand soon because the country is very religious and there are no major abortion rights movements.[11] After the Seychelles Law Commission was established in 2023, it was authorised to conduct legal development projects about social issues such as abortion.[12]
Prevalence
Each year from 2008 to 2003, Seychelles had between 400 and 500 legal abortions and about 1500 live births. In 2023, 13% of abortion recipients were aged 10–19, 78% were aged 20–39, and 7% were aged 40–49. The National Bureau of Statistics only records legal abortions but estimates that there are many illegal abortions, which are often induced using prescription drugs.[1] The estimated rate of illegal abortions increased in the 1990s and 2000s.[13]
Many women in Seychelles choose to terminate pregnancies for reasons such as financial instability or relationship issues.[1][14] Since the 1990s, the country's fertility and pregnancy rates have fallen. Despite this, teenage pregnancy rates remained high in the 2000s.[13]As of 2022[update], most districts of the country have increasing rates of teenage pregnancy.[14] Minors require parental consent to receive birth control, which may contribute to the rate.[1] Gynecologists and activists have argued that sexual education for teenagers does not adequately explain birth control options to prevent unplanned pregnancies.[1][14] The Elles Foundation works to support pregnant teenagers and to promote sexual education.[1] In 2022, the Department of Social Affairs said it was working to address issues such as abortion and teenage pregnancy.[14]
In August 2004, women paid about 7,000 Seychellois rupees for an abortion, though the cost to the Ministry of Health could be up to R30,000 and the procedures were often fatal, according to gynaecologist Robert Michel. Some providers of abortion pills purchased them overseas and sold them for R1,500.[15] The native plant Ochrosia parviflora, known as bwa sousouri, is used to induce abortion.[16]
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