Abortion in Vanuatu

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Abortion in Vanuatu is severely restricted by criminal law. [1] Abortion is illegal under the provisions of section 117 of the Vanuatu Penal Code, Act No. 17 or 7 August 1981. [2] The code states that any woman who intentionally induces a miscarriage is subject to up to two years' imprisonment. [1] Abortion is illegal in cases of rape, incest, and threats to fetal health. [3] The only allocations for abortion are "for good medical reasons", [4] which a United Nations report interprets as to save the life of the pregnant woman and to preserve her physical and mental health. [5] Section 113 of the code states that "No person shall, when a woman is about to be delivered of the child, prevent the child from being born alive by any act or omission of such a nature that, if the child had been born alive and had, then died..." although the italicized statement is vague about its meaning. [4]

Self-induced abortions

The Vanuatu Family Health Association reports various methods women use for self-induced abortions, including the use of local leaves or bark from a tree. [3] Abortions like this that are outside of the medical system endanger the lives of women, as even an immediate visit to a nearby hospital or clinic may be futile if that medical facility does not have the equipment to repair any damage. [3]

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Abortion law Laws that permit, prohibit or regulate abortion

Abortion law permits, prohibits, restricts, or otherwise regulates the availability of abortion. Abortion has been a controversial subject in many societies throughout history on religious, moral, ethical, practical, and political grounds. It has been banned frequently and otherwise limited by law. However, abortions continue to be common in many areas, even where they are illegal. According to the World Health Organization (WHO), abortion rates are similar in countries where the procedure is legal and in countries where it is not, due to unavailability of modern contraceptives in areas where abortion is illegal.

Abortion in Sweden was first legislated by the Abortion Act of 1938. This stated that an abortion could be legally performed in Sweden upon medical, humanitarian, or eugenical grounds. That is, if the pregnancy constituted a serious threat to the woman's life, if she had been impregnated by rape, or if there was a considerable chance that any serious condition might be inherited by her child, she could request an abortion. The law was later augmented in 1946 to include socio-medical grounds and again in 1963 to include the risk of serious fetal damage. A committee investigated whether these conditions were met in each individual case and, as a result of this prolonged process, abortion was often not granted until the middle of the second trimester. As such, a new law was created in 1974, stating that the choice of an abortion is entirely up to the woman until the end of the eighteenth week.

Abortion in Germany is illegal under Section 218 of the German criminal code but simultaneously decriminalized under Section 218a of the German criminal code called Exception to liability for abortion, in the first trimester upon condition of mandatory counseling, and is also permitted later in pregnancy in cases of medical necessity. In both cases, a waiting period of three days is required. The counseling, called Schwangerschaftskonfliktberatung, must take place at a state-approved centre, which afterwards gives the applicant a Beratungsschein.

Abortion in the Philippines is mostly illegal.

Abortion in Israel is permitted when determined by a termination committee, with the vast majority of cases being approved as of 2019. The rate of abortion in Israel has steadily declined since 1988, and compared to the rest of the world, abortion rates in Israel are moderate. According to government data, in Israel, abortion rates in 2016 dropped steadily to 9 per 1,000 women of childbearing age, lower than England (16.2) and the United States (13.2). 99% of abortions are carried out in the first trimester. Despite allegations of permitting abortion under limited circumstances, Haaretz noted in 2019 that this is not the case and abortion is almost always permitted in Israel.

Abortion in El Salvador is illegal. 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.

Abortion in Romania is currently legal as an elective procedure during the first 14 weeks of pregnancy, and for medical reasons at later stages of pregnancy. In the year 2004, there were 216,261 live births and 191,000 reported abortions, meaning that 46% of the 407,261 reported pregnancies that year ended in abortion.

Abortion in Colombia

Prior to 2006, abortion in Colombia was illegal without exceptions. Therapeutic abortion to save a mother's life was permitted between 1837 and 1936. As of 2020, abortion isn't a crime when it occurs under these three exceptions: (a) the continuation of the pregnancy constitutes a danger to the life or health of the mother; (b) The existence of life-threatening fetal malformations; and (c) The pregnancy is the result of rape, non-consensual artificial insemination or incest.

Abortion in Portugal

Abortion laws in Portugal were liberalized on April 10, 2007, allowing the procedure to be performed on-demand if a woman's pregnancy has not exceeded its tenth week. There is a three-day waiting period for abortions. President Aníbal Cavaco Silva ratified the law allowing abortion, recommending nevertheless that measures should be taken to ensure abortion is the last resort. Despite the liberalization of the laws, as of a 2011 survey, many doctors were refusing to perform abortions – which they are allowed to do under a conscientious objection clause. Abortions at later stages are allowed for specific reasons, such as risk to woman's health reasons, rape and other sexual crimes, or fetal malformation; with restrictions increasing gradually at 12, 16 and 24 weeks.

Abortion in Costa Rica is severely restricted by criminal law. Currently, abortions are allowed in Costa Rica only in order to preserve the life or physical health of the woman. Abortions are illegal in almost all cases, including when the pregnancy is a result of rape or incest and when the fetus suffers from medical problems or birth defects. Both social and economic factors have led to this legal status. It remains unclear whether abortions are legal to preserve the mental health of the woman, though the 2013 United Nations abortion report says Costa Rica does allow abortions concerning mental health of a woman.

Abortion in Bangladesh is illegal under most situations, but menstrual regulation is often used as a substitute. Bangladesh is still governed by the penal code from 1860, where induced abortion is illegal unless the woman in danger.

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 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.

Abortion in Belize is restricted by criminal law, but permitted under certain conditions.

Abortion in Qatar is illegal in some circumstances. Under Qatar's penal code, a woman who induces her abortion or who consents to an abortion faces up to five years' imprisonment. Individuals who perform an unauthorized abortion on a woman may face up to five years' imprisonment if she consents, and up to ten years if it is performed without her consent.

Abortion is a controversial topic in Nigeria. Abortion in Nigeria is governed by two laws that differ depending on geographical location. Northern Nigeria is governed by The Penal Code and southern Nigeria is governed by The Criminal Code. The only legal way to have an abortion in Nigeria is if having the child is going to put the mother's life in danger. However, sex-selective abortion has long had acceptance in Nigeria.

Abortion in South Korea

Abortion in South Korea is illegal in most circumstances, but illegal abortions are widespread and commonly performed at hospitals and clinics. The South Korean Constitutional Court on April 11, 2019 ruled the abortion ban unconstitutional and ordered the law's revision by the end of 2020.

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.

Abortion in Malaysia is mostly illegal except in cases when a medical practitioner deems that continuing the pregnancy poses a danger to the mother's life, physical health, and mental well-being. Abortion in Malaysia is regulated under Sections 312-316 of the Penal Code. Access to abortion has been hampered by religious, cultural, and social stigmas against abortion, poor awareness of abortion legislation among health professionals, and the high cost of abortion services in the private health sector.

References

  1. 1 2 Abortion Policies: Oman to Zimbabwe. United Nations Publications. 2001. ISBN   9789211513653 . Retrieved 23 November 2014.
  2. "Abortion Policies: a review of policies, legislation and social indicators for the South Pacific". www.vanuatu.usp.ac.fj. Retrieved 2018-09-19.
  3. 1 2 3 Graue, Catherine (20 June 2014). "New study to research Vanuatu's illegal abortions with fears rates are increasing". ABC News. Retrieved 23 November 2014.
  4. 1 2 "Penal Code Act 1981". www.paclii.org. Retrieved 2020-03-06.
  5. World Population Policies 2017: Abortion Laws and Policies, United Nations Department of Economic and Social Affairs, 2020.