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. Abortions in the Gambia have high rates of mortality and complications. Abortions are common among adolescents. The Gambia has a stigma surrounding extramarital pregnancy and abortion, and most women's rights groups in the country oppose it. Government facilities provide medically necessary abortions using misoprostol.

Contents

Abortions were rarely prosecuted in the 20th century. The country's abortion law, written in 1933 under the colonial government, was based on a British law that banned abortion with no legal grounds. Following the Gambia's ratification of the Maputo Protocol and the Convention on the Elimination of All Forms of Discrimination Against Women, the Women's Act of 2010 legalised abortion in the case of risk to life of the mother or fetus. The country has had little public debate about abortion, especially under the authoritarian presidency of Yahya Jammeh. The Sexual and Reproductive Rights Network, founded in 2019, has advocated for the legalisation of abortion. International organizations have urged the country to bring its law in line with treaties.

Legislation

Section 140 of the Criminal Code of the Gambia makes procuring an abortion a crime punishable by fourteen years of prison. Section 141 criminalises 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 legalises 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, a version of the Offences Against the Person Act 1861, was introduced by the colonial government in 1933. [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

The Gambia ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) on 16 April 1993 and the Maputo Protocol on 25 May 2005. The Gambia made reservations on four articles of the Maputo 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]

The government passed the Women's Act in 2010. 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 abortion ban and the lack of abortion data. 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 such as the Human Rights Committee and the Committee on the Rights of the Child have urged the Gambia to legalise abortion. A 2014 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, a network of Gambian organisations, was launched in 2019. It hosted the first National Coalition Building Meeting on Sexual and Reproductive Health and Rights, sponsored by the International Campaign for Women's Right to Safe Abortion, on 4 May 2019. 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]

Prevalence

In 2015–2019, 25% of pregnancies were unintended, and 31% of unintended pregnancies resulted in abortion. [4] In the Mandinka language, abortion is called konobondoo ( [konoboⁿdoː] ), which means stomach removing. [5] 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. Few studies have been conducted on abortion in the Gambia. [1]

The Gambia has a high 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. [6] [7] Government facilities can provide abortion services only to save the life of the woman. Procedures use only misoprostol, following the guidelines of the International Federation of Gynaecology and Obstetrics. 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]

As of 2021, 2.9% of adolescent girls and young women report having abortions. [8] Most teenagers who get abortions get them from untrained, unsafe providers. This often leads to hemorrhage, sepsis, or death. [9] Teenage pregnancies result in 13% of maternal mortality in the Gambia. In 2011, the country had 19 cases of child abandonment. [10] The Comprehensive Health Education curriculum addresses illegal abortion. [11] [12] Though teachers are trained on the sex education curriculum, they have difficulties discussing sensitive topics like abortion, and students consider them unqualified, leading to a lack of knowledge among adolescents. [13]

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] Both pregnancy outside of marriage and abortion are stigmatised by the country's predominantly Muslim society. [1] [14] Unmarried women who get pregnant keep it a secret until they get abortions, to avoid gossip. [15] Many women avoid discussing reproductive health issues unless asked. [6] Traditional birth attendants handle discussions of typically taboo subjects such as abortion. [16] There is a common belief that evil spirits can be summoned to force abortions, so many women keep pregnancies secret in the early stage. [17] [15]

See also

Related Research Articles

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">Sexual and reproductive health</span> State of the reproductive system without evidence of disease, disorders, or deficiencies

Sexual and reproductive health (SRH) is a field of research, health care, and social activism that explores the health of an individual's reproductive system and sexual well-being during all stages of their life. Sexual and reproductive health is more commonly defined as sexual and reproductive health and rights, to encompass individual agency to make choices about their sexual and reproductive lives.

<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.

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.

In Benin, abortion is legal on broad socioeconomic grounds up to twelve weeks of pregnancy.

Abortion is a controversial topic in Nigeria. Abortion in Nigeria is governed by the two laws that differs greatly 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.

Nepal legalised abortion in March 2002, under the 11th Amendment to the Civil Code. The legal services were successfully implemented on December 25, 2003. The high maternal mortality rates in Nepal led to the government legalising it. More than 500,000 women sought abortion between 2004 and 2014. In 2014, 323,100 women in Nepal had the abortion; among this, only 42% of abortions were legal and 19% were treated for abortion complications. Similar study had found the rate of unintended pregnancy as 50%.

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

Abortion in Kenya is prohibited with the exception of certain circumstances including danger to the life and health of the expectant mother, and rape. Unsafe abortions are a major cause of deaths and health complications for women in Kenya.

<span class="mw-page-title-main">Women in Zambia</span> Overview of the status of women in Zambia

The status of women in Zambia has improved in recent years. Among other things, the maternal mortality rate has dropped and the National Assembly of Zambia has enacted multiple policies aimed at decreasing violence against women. However, progress is still needed. Most women have limited access to reproductive healthcare, and the total number of women infected with HIV in the country continues to rise. Moreover, violence against women in Zambia remains common. Child marriage rates in Zambia are some of the highest in the world, and women continue to experience high levels of physical and sexual violence.

Abortion is illegal in Tanzania except to preserve the life of the mother. Under the Tanzanian penal code, health practitioners who perform illegal abortions may receive sentences of up to 14 years in prison, while those who procure abortions for themselves may be sentenced to up to seven years in prison.

In Sierra Leone, abortion is a criminal offence. Its abortion law does not specify any grounds for legal abortion. It is unclear whether abortion is permitted to save the life of the mother, as a British judicial decision allowing such abortions is untested in Sierra Leone. Abortion is covered in the country's medical code of ethics, but there is no government training for providers. Prosecution of abortion is uncommon.

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 Senegal, abortion is illegal unless the life of the mother is in danger. Senegal is one of the only countries whose criminal code completely bans abortion. An exception requires a medical certificate and the approval of three doctors. Illegal abortion is punishable by fines and prison. Nearly all abortions in the country are unsafe. Post-abortion care is widely available.

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 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 Lesotho, abortion is illegal unless the pregnancy poses a risk to life or health.

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 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.

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.
  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 (1): 44. doi: 10.1186/s12914-018-0183-1 . PMC   6302420 . PMID   30572956.{{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.
  4. ↑ "Gambia country profile". Guttmacher Institute . 2022. Retrieved 16 July 2024.
  5. ↑ 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. Bibcode:2019PLoSO..1411634D. doi: 10.1371/journal.pone.0211634 . PMC   6355002 . PMID   30703136.
  6. 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): e0226079. Bibcode:2019PLoSO..1426079D. doi: 10.1371/journal.pone.0226079 . PMC   6892487 . PMID   31800633.
  7. ↑ 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 . PMID   34394310.
  8. ↑ 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 (1): 598. doi: 10.1186/s12884-021-04064-1 . PMC   8417988 . PMID   34481462.
  9. ↑ Ceesay Bah, Isatou (1 August 2023). "Women & Society : Cost of silence: Confronting teenage pregnancy in Gambia". The Point . Retrieved 16 July 2024.
  10. ↑ 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): 221. doi: 10.11604/pamj.2021.40.221.25774 . ISSN   1937-8688. PMC   8797051 . PMID   35145583.
  11. ↑ Jaiteh, Binta (28 August 2023). "CHE Principal Investigator discusses challenges affecting sexual and reproductive health of adolescents". The Voice. Retrieved 16 July 2024.
  12. ↑ Bojang, Tabora (11 June 2021). "'Women subjected to rape and incest should have abortion'". The Standard. Retrieved 16 July 2024.
  13. ↑ 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 1 November 2024). PMID   37584939 – via African Journals OnLine.{{cite journal}}: CS1 maint: DOI inactive as of November 2024 (link)
  14. ↑ 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): e0216924. Bibcode:2019PLoSO..1416924R. doi: 10.1371/journal.pone.0216924 . PMC   6522014 . PMID   31095621.
  15. 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 (1): 374. doi: 10.1186/s12884-023-05710-6 . PMC   10207755 . PMID   37226126.
  16. ↑ 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. PMID   17982947 – via JSTOR.
  17. ↑ 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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