Remarks

• Decriminalization means removing abortion from all penal/criminal laws, not applying other criminal offences (e.g. murder, manslaughter) to abortion, and ensuring there are no criminal penalties for having, assisting with, providing information about, or providing abortion, for all relevant actors.
• Decriminalization would ensure that anyone who has experienced pregnancy loss does not come under suspicion of illegal abortion when they seek care.
• Decriminalization of abortion does not make women, girls or other pregnant persons vulnerable to forced or coerced abortion. Forced or coerced abortion would constitute serious assaults as these would be non-consensual interventions.

KEY HUMAN RIGHTS CONSIDERATIONS RELEVANT TO CRIMINALIZATION OF ABORTION

• Availability, accessibility, acceptability and quality must be central to the regulation of sexual and reproductive health (SRH) services.
• Seeking, having, assisting with, or providing abortion to which the pregnant person has provided free and informed consent should never be criminalized.
• States must not require health workers to report cases of women or girls who have had abortions, or whom they suspect of having had abortions.
• Post-abortion care must always be available without the risk of criminal sanction.
• Seeking or providing accurate, evidence-based and non-biased information on abortion must never be criminalized.
• States must take steps, including revising laws, to reduce maternal morbidity and mortality, and to effectively protect women and girls from the physical and mental risks associated with resorting to unsafe abortion.
• Everyone has a right to non-discrimination and equality in accessing SRH services.
• SRH services must be provided in a way that ensures privacy and confidentiality. For further information and sources, please refer to Box 1.2 and Web annex A: Key international human rights standards on abortion.