3.4.2 - Reproductive health services including reduction of maternal mortality
(Article 14 (1) (a) & (b))
585. The information provided in the previous point remains valid. Moreover, with
reference to points a and b of Article 14 (1) of the Protocol, it should be emphasized
that "every individual, every couple has the right to freely decide on the number of
children they want to have and the spacing of their births, with discernment and
without constraint in accordance with legal and regulatory provisions "(Article 17 of
the Reproductive Health Law).
3.4.3 – Provisions relating to abortion (Article 14 (2) (c))
586. Abortion has been taken into account by the Law on Reproductive Health in
Articles 42, 43 and 44. Article 42 states that "the termination of a pregnancy shall
under no circumstances be considered a contraceptive method”.
587. Abortion is authorized only on the prescription of a doctor and in the following
cases:
when the development of the pregnancy endangers the life and the health of the
pregnant woman;
at the request of the woman, when the pregnancy is the consequence of rape or
an incestuous relationship;
when there is, at the time of the diagnosis, a high probability that the unborn
child is suffering from a very serious affection ".
588. In the third case, the attending physician has the obligation to inform the couple
who will decide whether or not to terminate the pregnancy. The couple may request
to seek the opinion of a college of doctors in order to take their decision.
589. Article 43 stipulates that "the voluntary termination of pregnancy in the cases
provided for in the preceding article can only be done in a public or private hospital
having appropriate logistics. It can only be done by qualified personnel with
competences officially recognized by the State for the practice of this kind of
intervention”.
590. Lastly, according to Article 44, "any author, co-perpetrator and accomplice of an
attempt to interrupt or terminate a pregnancy under conditions other than those
provided for by this Law shall be liable to imprisonment of from one (1) to five (5)
years and a fine ranging between five hundred thousand (500,000) and one million
five hundred thousand (1,500,000) CFA francs. In the case of severe and permanent
disability, the penalty shall be doubled. In the event of death of the victim, the
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