In Togo, abortion is only legal in the cases of pregnancy from rape or incest, risk to the mother's health or life, or risk of birth defects. The law requires abortion to be performed by a doctor.
In 1920, Togo banned abortion. Reproductive rights organizations have worked to raise awareness of abortion. In December 2006, it became one of the first African countries to reform its abortion law.
Access to abortion is low due to stigma, lack of knowledge, and lack of doctors. Abortion has increased in frequency in Lomé, and is more common among younger women. Illegal vendors provide abortion drugs. Post-abortion care has been available in hospitals since the 2000s.
In 2006, Togo passed a law that says, "The voluntary interruption of pregnancy is only authorised when prescribed by a doctor and on request of the woman in cases where the pregnancy is the result of rape or of an incestuous relationship [or] if there is a strong risk that the unborn child will by affected by a particularly serious medical condition." [1] Abortions without medical prescriptions are punishable up to ten years in prison or fines between 500,000 and 3 million CFA francs. [2]
When Togo gained independence, it inherited the French Penal Code of 1810, which banned abortion. [3] A law from 31 July 1920 banned abortion unless it threatened the life of the mother and banned birth control propaganda. [4] When Togo re-enacted its criminal code in 1981, it intentionally omitted mentions of abortion. [5] By 1990, the lift of abortion restrictions had not increased the availability of services. [6] On 16 May 1984, a law banned providing an abortion to a girl enrolled in school. [3]
In October 2005, Togo ratified the Maputo Protocol, which provides for a right to abortion under certain grounds. [3] On 22 December 2006, the National Assembly accepted the law legalizing abortion. [7] The law had 46 articles, including legalization of medical assistance in contraception. [4] Togo was one of the first countries in Africa to legalize abortion in the case of rape [1] and the first Sub-Saharan Francophone to reform its abortion law. [2] Women's rights organizations influenced the law reform. [4]
The Episcopal Conference of Togo opposed the law, saying "It punishes the innocent: the unborn child." [8] The head of prenatal care at the Tokoin Teaching Hospital in Lomé, Boukari Amina, said the law "will fix a lot of things." [4]
In 2015–2019, Togo had 60,300 abortions per year. Between 1990–1994 and 2015–2019, Togo's rate of unintended pregnancy decreased 26%, while the abortion rate remained level. [9]
Legal issues and social taboos lead to low access to abortion. [3] Abortions must legally be prescribed by a doctor, which is a limitation as the country has few doctors. Knowledge of the abortion law is low. [10] Sex workers in Lomé are more likely to experience stigma if they have had abortions. [11]
Lomé has undergone an increase in abortion, similar to other African cities. As of 2016, 32.4% of women in the city who have ever been pregnant reported having abortions, and 43.2% of people know someone who has had an abortion. Almost 40% of abortions are performed in hospitals, 14.9% are by doctors, 36% are performed at home, and 17.9% are induced with drugs. Abortion rates are highest among Kabye people and Catholics. [3] Abortion is a factor in reduction of birth rates in the city. From 1988 to 1998, abortion rates rose from about 12.2 to 62.2 per 1,000 women. Younger women are more likely to have abortions. [12]
Medical abortion is commonly available from unsafe providers, who sell on the street. Drugs such as paracetamol, acetylsalicylic acid, quinine, chloroquine, and indomethacin are used. Usage is high among women who are young or unmarried. [13]
The non-governmental organization L'Association Togolaise pour le Bien-être Familial (ATBFE, transl. Togolese Association for Family Well-Being) has worked in sexual and reproductive health since 1975. It has worked with journalists to raise awareness of abortion. [14]
In countries including Togo, U.S.–linked anti-abortion groups have set up centers disseminating misinformation related to abortion. [15]
The cost of post-abortion care (PAC) is between US$18 and $20, as of 2016. Though manual vacuum aspiration (MVA) is the recommended treatment method, many facilities lack equipment and training for it and instead use manual removal. Facilities offer post-abortion contraceptives for an additional fee. [16] Most patients opt for oral contraceptive pills. Some facilities face shortages of supplies. [17]
Many PAC patients are young. Barriers to PAC for adolescents include lack of provisions for young patients, high cost, and poor organization leading to low privacy. [16]
In 2004, ATBFE began an experiment providing free post-abortion care kits to poor women in two hospitals. [4] Decentralized PAC services were introduced in 2006. [17] USAID's Virtual Fostering Change Program began in 2008 to assess and improve PAC services in Togo, Burkina Faso, Guinea, and Senegal. In 2014, the USAID-funded Evidence to Action project began working with the Division of Family Health to increase access to post-abortion family planning. After the program trained health providers, facility managers delivered services more efficiently, clinics offered more contraceptives, and MVA became more common than manual removal. [18] PAC access for young people improved. In 2017, Togo updated its national family planning policies based on the recommendations. [16]
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.
Abortion is illegal in the Philippines.
This is a timeline of reproductive rights legislation, a chronological list of laws and legal decisions affecting human reproductive rights. Reproductive rights are a sub-set of human rights pertaining to issues of reproduction and reproductive health. These rights may include some or all of the following: the right to legal or safe abortion, the right to birth control, the right to access quality reproductive healthcare, and the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence. Reproductive rights may also include the right to receive education about contraception and sexually transmitted infections, and freedom from coerced sterilization, abortion, and contraception, and protection from practices such as female genital mutilation (FGM).
Abortion in Japan is allowed under a term limit of 22 weeks for endangerment to the health of the pregnant woman, economic hardship, or rape. Chapter XXIX of the Penal Code of Japan makes abortion de jure illegal in the country, but exceptions to the law are broad enough that it is widely accepted and practiced. Exceptions to the prohibition of abortion are regulated by the Maternal Health Protection Law that allows approved doctors to practice abortion on a woman if the pregnancy was the result of rape or if the continuation of the pregnancy endangers the maternal health because of physical or economic reasons. Anyone trying to practice abortion without the consent of the woman will be prosecuted, including the doctors. If a woman is married, consent from her spouse is also needed to approve abortions for socioeconomic reasons, although the rule doesn't apply if she is in a broken marriage, suffering abuse, or other domestic issues. Despite the partner's consent not being necessary for unmarried women and women who were impregnated by abusive partners or through rape, many doctors and medical institutions seek a signature from the man believed to have made the woman pregnant for fear of getting into legal trouble, rights advocates say.
In Trinidad and Tobago, abortion is illegal save for few exceptions. The respective laws are in place since 1925.
Unintended pregnancies are pregnancies that are mistimed or unwanted at the time of conception, also known as unplanned pregnancies.
Abortion in Cuba is legal and available upon request, which is rare in Latin America because of widespread Catholic influence.
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.
In Benin, abortion is legal on broad socioeconomic grounds up to twelve weeks of pregnancy.
Communist and Marxist ideologies generally allow state-provided abortion, although there is no consensus among Communist parties and governments about how far into the pregnancy abortion should be allowed.
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.
Abortion in Ghana is banned except when there is a valid exemption. The abortion should also be conducted only at a government hospital; registered private hospital, clinics registered under the Private Hospitals and Maternity Homes Act, 1958 and a place approved by the Minister of Health by a Legislative Instrument. Illegal abortions are criminal offenses subject to at most five years in prison for the pregnant woman who induced said abortion, as well as for any doctor or other person who assisted this pregnant woman in accessing, or carrying out, an abortion. Attempts to cause abortions are also criminal, as are the purveyance, supply, or procurement of chemicals and instruments whose intent is to induce abortions.
Post-abortion care (PAC) is treatment and counseling for post-abortion women. It includes curative care, such as treating abortion complications, as well as preventative care, such as providing birth control to prevent future unwanted pregnancies. Post-abortion care reduces morbidity and mortality associated with abortion.
In Zambia, abortion is legal if the pregnancy would threaten the mother's life or physical or mental health or those of existing children, or if it would cause a birth defect. Zambia has one of the most permissive abortion laws in Africa, though its restrictions limit access.
In Malawi, abortion is only legal to save the life of the mother. Abortion is a felony punishable by prison. Malawi's abortion law is one of the strictest in the world.
In Madagascar, abortion is illegal in all circumstances. The abortion law punishes receiving or assisting in an abortion with imprisonment or fines. It is one of the only countries with a total abortion ban.
In Senegal, abortion is illegal unless the life of the mother is in danger. A medical exception requires a medical certificate. Senegal is one of the only countries whose criminal code completely bans abortion. Receiving an abortion is punishable by fines and prison.
In Eswatini, abortion is a criminal offense. The 2005 Constitution of Eswatini allows exceptions if approved by a doctor. Providing or receiving an illegal abortion is punishable by life imprisonment.
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.
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. Women's rights activists and journalists have advocated for reform.