8
during the third cycle of the Universal Periodic Review (UPR), the state party received and
accepted recommendations from different states calling for universal access to reproductive health
services including by ensuring the implementation of the RPRHA and increasing access to modern
contraceptives.79
B. Continued criminalization and restriction of women’s access to abortion services
In its summary report, the Committee recommended that the state party “[a]mend articles 256 to
259 of its Criminal Code…to legalize abortion in cases of rape, incest, threats to the life and/or
health of the mother, or serious malformation of the foetus and decriminalize all other cases where
women undergo abortion, as well as adopt necessary procedural rules to guarantee effective access
to legal abortion”80 and to “[c]onduct research on the incidence of unsafe abortions in the [s]tate
party and their impact on women’s health and maternal mortality and morbidity, and make such
information available to the Committee in its next periodic report.”81
Current legal framework on abortion. Abortion remains criminalized under the RPC with no clear
exceptions even in cases of pregnancies endangering the life or health of the women, those
resulting from rape or incest, and those involving fetal impairment.82 The RPC imposes prison
sentences ranging from 1 month to a maximum of 20 years for an individual found guilty of
performing, providing assistance, or having an abortion.83 As will be discussed in more detail
below, a constitutional provision which calls on the state party to “equally protect the life of the
mother and the life of the unborn from conception”84 has also had a chilling effect on women’s
and girls’ access to abortion.85
i.
Key updates on access to safe and legal abortion since 2016
Proposed recommendation: Establish a system to regularly gather national and disaggregated
data on the incidence of abortions and number of abortion-related complications and deaths
and its causes and analyze their impact on the country’s public health and sustainable
development.
Since 2016, the state party continued to fail to comply with the Committee’s recommendation to
gather and present to the Committee data on the incidence of unsafe abortions and its impact on
women’s and girls’ lives and health, including maternal mortality and morbidity. The absence of
official data, in the state party’s 2015 report to the Committee and even under the recent 2017
NDHS, conceals the grave impact of the penal laws on abortion on women’s rights and essentially
prevents the state party from developing appropriate laws, policies, and programs. So far, available
data and estimates on the incidence of abortion in the country are based on independent studies
which reported that 610,000 illegal and unsafe abortions took place in the country in 2012—an
increase from 560,000 in 2008—with an estimated 100,000 women hospitalized for abortion
complications in 2012.86