Legalization of abortion in Africa: The Benin, the 5th country

Abortion is now legal in Benin. The National Assembly voted last week to legalize this act, which until now was forbidden, except in exceptional circumstances. Benin thus joins 4 other African countries that have legalized abortion : Tunisia since 1973, South Africa and Cape Verde in 1997, and Mozambique in 2014. But in the new law, in which cases, it is now possible to have an abortion in Benin.

Edmond HOUESSIKINDE

Here are the articles

First article

Are amended and completed as follows the articles 17 and 19 of law n ° 2003-04 of 03 mars 2003 relating to sexual and reproductive health :

Article 17 new : ABORTION

Voluntary termination of pregnancy is authorized on the prescription of a doctor when :

– the continuation of the pregnancy endangers the life and health of the pregnant woman ;

– the pregnancy is the consequence of a rape or an incestuous relationship and that the request is made by the pregnant woman if it is of an adult, or by its legal representatives if it is a minor ;

– the unborn child has a particularly serious condition at the time of diagnosis.

Never, voluntary termination of pregnancy should not be practiced as a means of birth control.

Article 17-1

At the request of the pregnant woman, voluntary termination of pregnancy may be authorized when the pregnancy is likely to worsen or cause a situation of material distress, educational, professional or moral incompatible with the interests of the woman and / or the unborn child.

Article 17-2

The voluntary termination of pregnancy envisaged under article 17-1 of this law cannot take place after 12 amenorrhea weeks.

Article 17-3

When in accordance with article 17-1 of this law, the pregnant adult woman requests the voluntary termination of pregnancy, she can address : directly to a doctor in a public health structure, or in a private health structure competent to perform the voluntary termination of pregnancy ; or to a social worker who refers her to a competent health structure.

When applying the same provision, the voluntary termination of pregnancy is envisaged for a pregnant woman who is underage or for a pregnant woman of full age under guardianship, the legal representative refers either directly to a doctor, either to a social worker who, if applicable, refers them to a competent health structure.

The consent of the minor or adult under curatorship is obtained beforehand..

Article 17-4

When people exercising parental authority over the minor express dissenting opinions, the required social worker enters, by request, the guardianship judge who rules within a week.

Article 17-5

Emergency contraception cannot be considered as a method of voluntary termination of pregnancy. Medicines intended for emergency contraception and not likely to present a health hazard under normal conditions of use are not subject to compulsory prescription.

To prevent voluntary termination of pregnancy, they can also be issued in pharmacies to minors wishing to keep the secret.

Article 17-6

A decree issued by the Council of Ministers specifies the modalities for the management of cases of voluntary termination of pregnancy ".

« Article 19-1

The penalties provided for in article 519 of the Criminal Code, the fact of offering his services to carry out a voluntary termination of pregnancy, in public, in meetings or by the propagation of writings.

The same penalties will be applied to those who promote means, objects and procedures relating to the voluntary termination of pregnancy.

The penalties provided for in Article 519 of the Criminal Code, doctors and social workers who have disregarded any of their obligations under the provisions of this law relating to the voluntary termination of pregnancy ".

Article 2

This law, which repeals all contrary provisions, in particular those of Law no. 2015-08 of 08 December 2015 on the children's code in the Republic of Benin, will be executed as State law.