Abortion in the Gambia

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In the Gambia, abortion is illegal except to save the life of the mother or to prevent birth defects.

Contents

The penal code, written in 1933, banned abortion. The Women's Act of 2010 legalized abortion in the case of risk to life of the mother or fetus. Gambia has had little public debate about abortion, especially under the authoritarian presidency of Yahya Jammeh. International organizations have urged the country to bring its law in line with treaties. In 2019, a human rights advocacy network led a conference expanding the abortion discussion.

Abortions in the Gambia have high rates of mortality and complications. Abortions are common among adolescents. There is a stigma surrounding extramarital pregnancy and abortion.

Legislation

The Criminal Code of the Gambia bans abortion. Section 140 makes procuring an abortion a crime punishable by fourteen years of prison. Section 141 criminalizes self-induced abortion with a prison sentence of seven years. Section 142 punishes supplying materials for an abortion with three years of prison. Section 198 says abortion is not a crime if it is done to preserve the life of the mother. [1] The law does not specify criteria for legal abortion. [2]

Section 30 of the Women's Act of 2010 legalizes abortion if life of the mother is at risk or the baby might have multiple deformities: [1]

  1. Every woman has the right to enjoy reproductive rights including the right to medical abortion, where the continued pregnancy endangers the life of the mother or the life of the foetus.
  2. The medical abortion permitted under sub-section (1) shall not be carried out without the confirmation of the state of health of the woman in question by a registered medical practitioner who possesses the necessary expertise in the field.
  3. Where the woman in question is in an environment where the necessary medical facilities are not available, appropriate referral shall be made in accordance with systems of medical referrals established in the health system.
  4. Where the woman in question is unable to afford the medical expenses involved, Government shall bear the cost of the medical expenses.
— Section 30 of the Women's Act 2010

History

Little is known about the attitudes of pre-colonial customary law toward abortion. In the first documented abortion case, in 1873, a British merchant accused the colonial secretary of providing an abortion to a woman named Anna Evans; the case was dropped. In the late 19th century, abortions were common and prosecution was rare. In the 1930s, fears about excessive sexuality led to restrictive laws. [1]

Gambia's abortion law was introduced by the colonial government in 1933, a version of the Offences Against the Person Act 1861. [3] Section 198 is based on the British Infant Life Preservation Act 1929. The colony's penal code was inherited from that of the United Kingdom as the government felt that a small colony with low crime did not need its own code. [1]

The British judicial case of Rex v Bourne (1938) permitted abortion on the grounds of preserving physical or mental health. This ground has never been tested in a Gambian court, and Gambia's laws do not mention this ground. [1]

Post-independence

On 16 April 1993, the Gambia ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). On 25 May 2005, it ratified the Maputo Protocol, which includes abortion provisions. The Gambia made reservations on four articles of the protocol, including Article 14, which affirms rights to reproductive health services including abortion. The government, led by Yahya Jammeh, did not state a reason for its reservations. [1]

In March 2006, the African Center for Democracy and Human Rights Studies, in collaboration with Solidarity for African Women's Rights and local women's rights groups, spoke with the Office of the Vice President, the Minister of Women's Affairs, and the Women's Bureau. They established a mechanism for the National Assembly to revisit the abortion law through meetings with representatives of the government and civil society. The Gambia withdrew its reservations to the Maputo Protocol days before hosting the 2006 African Union Head of States Summit. [1]

In 2010, the government passed the Women's Act. It resulted from Section 28 of the 1997 Constitution of the Gambia, about women's rights. It was influenced by CEDAW and the Maputo Protocol. It does not meet the terms of the Maputo Protocol that provide for abortion in the cases of rape, incest, and risk to health of the mother. [1]

The dictatorship of Yahya Jammeh persecuted human rights activists, which may have led activists to avoid discussing abortion. The government did not submit mandatory reports to the African Commission on Human and Peoples' Rights until the transition to democracy under Adama Barrow. In August 2018, the government submitted a report on the African Charter on Human and Peoples’ Rights and the Maputo Protocol, which noted the ban on and lack of data about abortion. It was reviewed in May 2019, and the Special Rapporteur on Women's Rights in Africa requested further information on next steps. The National Reproductive, Maternal, Neonatal, Child and Adolescent Health Strategic Plan (2017–2021) suggested implementing a strategy to improve post-abortion care. [1]

International bodies that have urged the Gambia to legalize abortion include the Human Rights Committee in 2004 and 2018, and the Committee on the Rights of the Child in 2015. In 2015, a report by the Association of Non-Governmental Organizations, Women's Rights Organizations, and Civil Society Organizations said the law should be brought in line with international law. [1]

The Sexual and Reproductive Rights Network was launched in 2019. On 4 May 2019, sponsored by the International Campaign for Women's Right to Safe Abortion, it hosted the first National Coalition Building Meeting on Sexual and Reproductive Health and Rights. The Minister of Women's Affairs, Children, and Social Welfare attended. Participants noted the need for a coalition to advocate for the legalization of abortion in the cases of rape, incest, and risk to health. They proposed an amendment to the constitution guaranteeing a right to health care, including reproductive health. [1]

The Gambia is a signatory of the 2020 Geneva Consensus Declaration, which says abortion is not an international right. [4]

Prevalence

In 2015–2019, 25% of pregnancies were unintended, and 31% of unintended pregnancies resulted in abortion. [5] In the Mandinka language, abortion is called konobondoo, which means stomach removing. [6]

The Gambia has a maternal mortality ratio of 443 per 100,000, significantly impacted by the lack of safe abortion. [1] Unsafe abortions are a major risk factor for infertility and ectopic pregnancy. [7] [8]

Government facilities can provide abortion services only to save the life of the woman. Procedures use only misoprostol, following International Federation of Obstetricians and Gynecologists guidelines. There are no national guidelines. Many doctors do not provide abortions due to misunderstanding of the law and fear of prosecution. [1]

The Ministry of Health found that, in 2018, there were 1,985 cases of post-abortion care. Most women with post-abortion complications do not seek medical care. [1]

Unlike other countries, the Gambia does not have significant advocacy or public debate about abortion. Most women's rights activists oppose abortion on religious or moral grounds. Some do not mention abortion out of fear of losing support for other issues. [1]

Societal factors

Few studies have been conducted on abortion in the Gambia. According to a 1996 study by the Gambia Family Planning Association, the highest abortion rates are in women aged 14 to 24 and in urban or peri-urban areas. [1]

As of 2021, 2.9% of adolescent girls and young women report having abortions. [9] Most teenagers who get abortions get them from untrained, unsafe providers. This often leads to hemorrhage, sepsis, or death. [10] Teenage pregnancies result in 13% of maternal mortality in the Gambia. In 2011, the country had 19 cases of child abandonment. [11] The Comprehensive Health Education curriculum addresses illegal abortion. [12] [13] Though teachers are trained on the sex education curriculum, they have difficulties discussing topics like abortion, and students consider them unqualified, leading to a lack of knowledge among adolescents. [14]

Both pregnancy outside of marriage and abortion are stigmatized by the Muslim society. [1] [15] Unmarried women who get pregnant keep it a secret until they get abortions, to avoid gossip. [16] Many women avoid discussing reproductive health issues unless asked. [7] Traditional birth attendants handle discussions of typically taboo subjects such as abortion. [17] There is a common belief that evil spirits can be summoned to force abortions, so many women keep pregnancies secret in the early stage. [18] [16]

See also

Related Research Articles

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<span class="mw-page-title-main">Maputo Protocol</span> 2003 African Union women rights treaty

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References

  1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Nabaneh, Satang (December 2019). "The Gambia's Political Transition to Democracy: Is Abortion Reform Possible?". Health and Human Rights . 21 (2): 169–180. PMC   6927371 . PMID   31885446 – via PubMed Central.
  2. ↑ Lavelanet, Antonella F.; Schlitt, Stephanie; Johnson, Brooke Ronald, Jr.; 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: 44. doi: 10.1186/s12914-018-0183-1 . PMC   6302420 – via BioMed Central.{{cite journal}}: CS1 maint: multiple names: authors list (link)
  3. ↑ Berer, Marge; Hogart, Leslie (December 2019). "EDITORIAL: Progress toward Decriminalization of Abortion and Universal Access to Safe Abortions: National Trends and Strategies". Health and Human Rights . 21 (2): 81. PMC   6927373 . PMID   31885438 – via PubMed Central.
  4. ↑ Morgan, Lynn (1 June 2023). "Anti‐abortion strategizing and the afterlife of the Geneva Consensus Declaration". Developing World Bioethics . 23 (2): 185. doi:10.1111/dewb.12374.
  5. ↑ "Gambia country profile". Guttmacher Institute . 2022. Retrieved 16 July 2024.
  6. ↑ Dierickx, Susan; Balen, Julie; Longman, Chia; Rahbari, Ladan; Clarke, Ed; Jarjou, Bintu; Coene, Gily (31 January 2019). "'We are always desperate and will try anything to conceive': The convoluted and dynamic process of health seeking among women with infertility in the West Coast Region of The Gambia". PLOS One . 14 (1): e0211634. doi: 10.1371/journal.pone.0211634 . PMC   6355002 .
  7. 1 2 Dierickx, Susan; Coene, Gily; Evans, Megan; Balen, Julie; Longman, Chia (4 December 2019). "The fertile grounds of reproductive activism in The Gambia: A qualitative study of local key stakeholders' understandings and heterogeneous actions related to infertility". PLOS One . 14 (12): 1–18. doi: 10.1371/journal.pone.0226079 . PMC   6892487 .
  8. ↑ Anyanwu, Matthew; Titilope, Grace (16 April 2021). "Ectopic pregnancy at the Gambian Tertiary hospital". African Health Sciences . 21 (1): 295–303. doi: 10.4314/ahs.v21i1.38 . PMC   8356603 – via African Journals OnLine.
  9. ↑ Ahinkorah, Bright Opoku (4 September 2021). "Socio-demographic determinants of pregnancy termination among adolescent girls and young women in selected high fertility countries in sub-Saharan Africa". BMC Pregnancy and Childbirth . 21: 598. doi: 10.1186/s12884-021-04064-1 . PMC   8417988 – via BioMed Central.
  10. ↑ Ceesay Bah, Isatou (1 August 2023). "Women & Society : Cost of silence: Confronting teenage pregnancy in Gambia". The Point . Retrieved 16 July 2024.
  11. ↑ Lowe, Mat; Sagnia, Phebian Ina Grant; Awolaran, Olusegun; Mongbo, Yves Armand Médessi (13 December 2021). "Sexual and reproductive health of adolescents and young people in Gambia: a systematic review". Pan African Medical Journal. 40 (221). doi: 10.11604/pamj.2021.40.221.25774 . ISSN   1937-8688. PMC   8797051 .
  12. ↑ Jaiteh, Binta (28 August 2023). "CHE Principal Investigator discusses challenges affecting sexual and reproductive health of adolescents". The Voice. Retrieved 16 July 2024.
  13. ↑ Bojang, Tabora (11 June 2021). "'Women subjected to rape and incest should have abortion'". The Standard. Retrieved 16 July 2024.
  14. ↑ Sagnia, Phebian I. G.; Jeng, Momodou (February 2023). "In-school adolescents' perception of sexuality education in region 1 of the Gambia". African Journal of Reproductive Health . 27 (2): 49–56. doi:10.29063/ajrh2023/v27i2.5 (inactive July 2024). PMID   37584939 – via African Journals OnLine.{{cite journal}}: CS1 maint: DOI inactive as of July 2024 (link)
  15. ↑ Rerimoi, A. J.; Niemann, J.; Lange, I.; Timæus, Im. M. (16 May 2019). "Gambian cultural beliefs, attitudes and discourse on reproductive health and mortality: Implications for data collection in surveys from the interviewer's perspective". PLOS One . 14 (5): 1–17. doi: 10.1371/journal.pone.0216924 . PMC   6522014 .
  16. 1 2 Parrish, Sabine; Vasan, Senthil K.; Karpe, Fredrik; Hardy-Johnson, Polly; Jarjou, Ousman; Bittaye, Mustapha; Prentice, Andrew M.; Ulijaszek, Stanley; Jobe, Modou (24 May 2023). "Concealed pregnancy as an act of care? A qualitative analysis of motivations for concealing and non-disclosure of early pregnancy in The Gambia". BMC Pregnancy and Childbirth . 23: 374. doi: 10.1186/s12884-023-05710-6 . PMC   10207755 – via BioMed Central.
  17. ↑ Nyanzi, Stella; Manneh, Hawah; Walraven, Gijs (April 2007). "Traditional Birth Attendants in Rural Gambia: Beyond Health to Social Cohesion". African Journal of Reproductive Health . 11 (1): 47. doi:10.2307/30032487. hdl: 1807/61077 . JSTOR   30032487 – via JSTOR.
  18. ↑ Laing, Susan P.; Sinmyee, Smruti V.; Rafique, Khizar; Smith, Helen E.; Cooper, Max J. (September 2019). "Barriers to Antenatal Care in an Urban Community in the Gambia: An In-depth Qualitative Interview Study". African Journal of Reproductive Health . 21 (3): 67. JSTOR   26357198 – via JSTOR.
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