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The Philippine Commission on Human Rights (PCHR) has officially supported the decriminalization of abortion, marking a significant shift in its position and aligning with global trends. This recommendation is part of the PCHR's legislative agenda for the 19th Congress, which runs until June 2025, and aims to improve women's health and human rights in the Philippines. Advocates believe that with growing support from lawmakers and the public, there is potential for meaningful change in the country's restrictive abortion laws.

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0% found this document useful (0 votes)
11 views15 pages

For Debate

The Philippine Commission on Human Rights (PCHR) has officially supported the decriminalization of abortion, marking a significant shift in its position and aligning with global trends. This recommendation is part of the PCHR's legislative agenda for the 19th Congress, which runs until June 2025, and aims to improve women's health and human rights in the Philippines. Advocates believe that with growing support from lawmakers and the public, there is potential for meaningful change in the country's restrictive abortion laws.

Uploaded by

mosadaariana11
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© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

For the first time, the Philippine Commission on Human Rights (PCHR)

has expressly supported the decriminalization of abortion in the Philippines,


marking a historic moment for abortion advocacy in the country. The PCHR
made the recommendation in November as part of its Priority Human Rights
Legislative Agenda for the 19th Congress of the Philippines. The 19th
Congress convened in July 2022 and will be completed in June 2025.

The PCHR is a constitutionally established national human rights institution


mandated to provide recommendations to the Congress for effective
promotion of human rights and adherence to international human rights treaty
obligations.

“The PCHR’s call for decriminalization of abortion is truly historic and


celebratory and is in line with the global trend towards liberalizing abortion,”
said Jihan Jacob, Senior Legal Adviser for Asia at the Center for Reproductive
Rights. “This marks the success of advocacy movements in the region,
including the Center’s, that has worked for years to realize sexual and
reproductive health rights (SRHR).”

“With President Ferdinand Marcos Jr. previously expressing support for


certain cases of abortion and his allies gaining control of Congress, we are
optimistic that positive change to the country’s abortion law is possible,”
added Jacob. The President appointed the Chairperson and Commissioner of
the PCHR, which made the recommendation in November.
The Philippines has one of the most restrictive abortion laws in the world,
without any clear exceptions. Two United Nations treaty bodies have
recently called on the country to advance sexual and reproductive health
rights.

Read more.
The Center's Recent Work in the Philippines
The PCHR’s position on abortion has evolved over the past two decades,
from declaring abortion “immoral” to acknowledging the impact of abortion
bans on health and human rights to finally recommending decriminalization.
The Center’s advocacy efforts contributed to the PCHR’s shift in its position
on abortion. (See the timeline below for details.)
Human Rights Bodies Support Abortion Rights and Access
The right to abortion and the right to bodily autonomy are fundamental human
rights. Denying abortion via criminalization violates the fundamental rights to
equality and non-discrimination; privacy; the highest attainable standard of
health; and freedom from ill-treatment, harmful practices, and gender-based
violence.
The United Nations and other human rights bodies have frequently
recommended for the right to abortion and its access and recognized it as an
essential health service. Last year, two United Nations treaty bodies called on
the Philippines to improve sexual and reproductive rights (SRHR) in the
country. Also in 2022, the World Health Organization issued its 2022
Abortion Care Guideline, affirming abortion access as essential to health
and human rights and calling for the removal of legal barriers to access.
The Philippine Safe Abortion Advocacy Network (PINSAN), co-founded by
the Center, released a statement in December calling for the
decriminalization of abortion and commending the PCHR for including
decriminalization in its 19th Priority Legislative Agenda.

“With progressive legislation getting more support, now is the time to advance
the campaign for access to safe abortion for women and girls in the
Philippines without fear of arbitrary punishment,” PINSAN wrote. “Continually
denying them of this right gravely violates their fundamental rights as people
and citizens.”

“The Center welcomes PCHR’s progressive stance on abortion which is in


adherence with international human rights law principles. While we celebrate
this win, we will continue to work closely with our regional partners to
transform PCHR’s recommendations into law reform to make
decriminalization of abortion a reality for Filipinos,” added Jacob.

Timeline: The Philippine Commission on


Human Rights’ Evolution on Abortion
 1999: The PCHR viewed abortion as “immoral.” In its position paper on
House Bill 6343 entitled “An Act Legalizing Abortion on Specific Cases”
introduced by Hon. Roy Padilla Jr., the PCHR registered its opposition
to the bill for being “immoral and/or contrary to the moral standards and
religious conviction of the Filipino people.” Instead of referring to human
rights standards and principles, the PCHR referred to the encyclical
Evangelium Vitae by Pope John Paul II.
 2016: The PCHR’s opposition to abortion shifted to a call for the review
and reexamination of the Filipino abortion laws. In its report for the
National Inquiry on Reproductive Health and Rights, the PCHR referred
to “the absolute ban on abortion, which has led to unsafe abortions and
to stigma in the access and availability of post-abortion care” as one of
the legal and policy barriers to fulfilling Filipinos’ reproductive health and
rights. In compliance with the Philippines’ human rights obligations, the
PCHR recommended for Congress to “review the provisions on
abortion, taking into consideration the studies forwarded by the [Center
for Reproductive Rights] and EnGendeRights and other women’s
organizations and on how the continuing criminalization of abortion
affect provision of post-abortion care.”
 2022: The PCHR unequivocally articulated its recommendation for the
decriminalization of abortion as a priority legislation for the 19th
Congress.

A Filipino woman or girl is raped every 75


minutes.
The restrictive, colonial, and archaic 1930 Revised Penal Code abortion law has
never reduced the number of women inducing abortion. It has only endangered
the lives of hundreds of thousands of Filipino women who have made personal
decisions to induce abortion for various reasons (economic – 75%; too young,
under 25 years old – 46%; health reasons – one-third; rape – 13%) but are
unable to access safe abortion services. No restrictive law nor religious dogma
has stopped these Filipino women, especially poor women with at least 3
children, to end their unintended or unwanted pregnancies.

1) To save women’s lives and prevent disability


from unsafe abortion complications
The Philippines is complicit with at least 3 women dying every day from unsafe
abortion complications. Some of these women became pregnant as a result of
rape, were forced to carry their pregnancies to term, and died due to unsafe
abortion complications. One raped by her stepfather died in 2012; one who was
a doctor, raped by an older man who funded her medical education, died in
2004. Another one was a rape victim with dwarfism who died in 2015 due to her
risky childbirth. Complications from unsafe abortion is one of the 5 leading
causes of maternal death and a leading cause of hospitalization in the
Philippines. This bill when passed into law will provide access to safe abortion
and save the lives of thousands of women.

2) To reduce maternal deaths related to


unintended/unwanted pregnancies and unsafe
abortions during humanitarian crises
This public health issue should urgently be addressed especially now with the
impact of the COVID-19 pandemic, resulting in higher rates of unintended and
unwanted pregnancies due to lack of access to contraceptives and higher
incidences of rape, intimate partner violence, and sexual exploitation. During
this pandemic, the day-to-day reality of these women is joblessness, hunger,
poverty, and being stuck at home with their abusers. The Population
Commission cites that about 40 to 50 adolescent girls aged 10-14 give birth
every week. It has been found that many adolescent girls aged 15 and below
became pregnant due to sexual assault, highlighting the need to address
gender-based violence with due diligence, including by providing access to
emergency contraceptives and safe abortion, and in effective prevention by
raising the age of sexual consent to 16 as recommended by the Committee on
the Elimination of Discrimination Against Women (CEDAW Committee). Without
access to safe abortion, many of these women and adolescent girls would
discontinue their pregnancies unsafely and may end up in the estimated 26%
increase of 2020 maternal deaths due to the pandemic’s disruption of access to
health services.

3) To repeal a discriminatory law against women


and eliminate harmful stigma against women
Not only women who induce abortion of viable pregnancies suffer inhumane and
degrading treatment, or are delayed and sometimes denied emergency post-
abortion care, a legal procedure to save their lives. The same goes for women
suffering complications from naturally occurring medical conditions such as
spontaneous abortions/miscarriages, incomplete abortion, and intrauterine fetal
demise. This discriminatory law against women must be decriminalized to end
the harmful stigma women suffer, and the judgmental religious beliefs imposed
on women who want to discontinue their pregnancies.
4) To provide incest and rape survivors and
sexually exploited women the opportunity to
discontinue unwanted pregnancies
Rape and incest survivors and sexually exploited women must be free to
discontinue their unwanted pregnancies without risk to their lives. A Filipino
woman or girl is raped every 75 minutes. About one in every 8 Filipino women
who induce abortion are rape survivors. Some women and girls who became
pregnant resulting from rape were forced to resort to clandestine and unsafe
abortions, while others have tried to commit suicide. When one’s daughter,
sister, wife, or mother becomes pregnant as a result of rape, there are many
Filipinos who will support their female family member’s decision to undergo such
therapeutic abortion. However, even rape survivors are not expressly allowed by
Philippine law to undergo abortion. Without access to safe abortion, a 10-year
old girl who became pregnant after being raped by her own father would be
forced to carry her pregnancy to term – the rape and forced pregnancy violates
her rights, and at the same time she is at high risk of dying, as pregnancy and
childbirth at her young age is extremely risky. Denying safe and legal abortion to
rape and incest survivors is torture, a clear injustice, and patently discriminates
against women and girls.

5) To address the social impact of adolescent


pregnancies
When young women and adolescent girls are forced to carry their pregnancies
to term, the social impact includes disruption of studies, and the lack of job skills
and career options due to low educational attainment and low financial
capability.

6) To uphold women’s fundamental human rights


and confirm that women’s rights prevail over
prenatal protection
Decriminalizing abortion upholds women’s rights to life and other fundamental
human rights, and confirms that women’s rights – the rights of those with legal
personality (Art. 41 of the Civil Code) – prevail over prenatal protection. Other
countries with the same constitutional prenatal protection as the Philippines
allow abortion, such as Costa Rica, Hungary, Kenya, Poland, Slovak Republic,
and South Africa. These examples show that the Constitution, the law of the
people, is justifiably interpreted liberally in favor of women.

7) To continue the historical fight to uphold


women’s rights to equality and non-
discrimination and respond to the outstanding
clamor to pass the bill into law
This fight to decriminalize abortion is part of the historical fight to uphold
women’s rights to equality and non-discrimination, including the fight for
women’s right to vote, work, and study; the right against sexual assault, sexual
harassment, and trafficking; the right to sexual and reproductive health
including the full range of contraceptive methods and maternal care; and the
right to sexual orientation, gender identity, and expression (SOGIE). Many
supporters of this bill – members of the women’s movement and other human
rights advocates – have long advocated for pro-women and pro-SOGIE laws and
bills, including the Anti-Sexual Harassment Act, Anti-Rape Law and its proposed
amendments, Anti-VAWC Act, Anti-Trafficking Act/Expanded Anti-Trafficking Act,
Reproductive Health Law, Safe Spaces Act, Quezon City (QC) Gender-Fair
Ordinance, the establishment of the QC Protection Center for Women, Children,
and LGBT Survivors of Gender-based Violence, divorce, the
SOGIE/Comprehensive Anti-Discrimination Bill, gender recognition, marriage
equality, the bills raising the age of sexual consent to 16; the repeal of
discriminatory laws against women such as the decriminalization of vagrancy
(RA 10158; “prostitution” still to be repealed) and the repeal of Art. 351 of the
Revised Penal Code imposing penalty on the woman for premature marriage (RA
10655). When passed into law, this will not force those who oppose
decriminalization of abortion to undergo an abortion against their beliefs;
however, this will provide access to services for countless women who decide to
discontinue their pregnancy. Moreover, detractors cannot impose their beliefs on
other people, as such imposition of religious morality and beliefs in Philippine
law violate the constitutional guarantees of separation of church and state, non-
establishment of religion, and freedom of religion or belief.

It’s time to decriminalize abortion


Every minute counts to save the lives and health of Filipino women who are
denied their right to basic health care. I urge fellow Filipinos to take a stand and
be counted in this fight to save women’s lives by decriminalizing abortion.
Together, let’s end discrimination against women and fight for women’s rights to
life, health, equality, equal protection of the law, privacy and bodily autonomy,
and against torture. #SaveWomensLives #DecriminalizeAbortionNow Sign
the petition and join women’s rights organizations, reproductive health
advocates and youth advocates in affirming the call to “Save Women’s Lives:
Decriminalize Abortion Now!” This article is republished from an article by Atty.
Clara Rita Padilla from Rappler. Clara Rita “Claire” Padilla is the founder and
executive director of EnGendeRights and is Spokesperson of the Philippine Safe
Abortion Advocacy Network (PINSAN). She drafted the proposed bill to
decriminalize abortion for PINSAN, which has been discussed with various
women’s rights and reproductive rights activists, youth groups, and other
human rights advocates.

Legal Arguments for Abortion Legalization


Philippines
L E G A L A R G U M E N T S F O R A B O RT I O N L E G A L I Z AT I O N I N T H E
PHILIPPINES
Abortion remains illegal in the Philippines except in cases where the life of the mother is
in danger. The Philippines has a strong legal and cultural framework that upholds the
sanctity of life, influenced heavily by religious doctrines, particularly Roman Catholic
teachings. However, advocates for abortion legalization in the country present various
legal arguments to support the decriminalization of abortion. These arguments primarily
focus on human rights, public health, equality, and the interpretation of existing legal
norms within the context of modern societal needs.
Here are the key legal arguments for the legalization of abortion in the Philippine
context:

1 . R I G H T T O H E A LT H A N D L I F E U N D E R T H E C O N S T I T U T I O N
The 1987 Constitution of the Philippines guarantees the right to life and the right to
health under its provisions:
 Right to Life: Article III, Section 1 of the Bill of Rights enshrines the protection of
an individual’s right to life, liberty, and property. Advocates argue that forcing a
woman to carry an unwanted pregnancy to term infringes upon her right to life,
liberty, and personal autonomy. The pregnancy may pose risks to her health, and
denying abortion may endanger her life, a scenario where the constitutional right
to life may be compromised.
 Right to Health: Article XIII, Section 11 emphasizes the state’s duty to protect
and promote the right to health of the people. Restricting access to safe abortion
services forces women to seek unsafe, often life-threatening alternatives. In a
modern legal context, abortion laws should align with the evolving understanding
of health care rights, where women have the right to medical care that
safeguards their health and well-being.
Thus, the right to health and life should be interpreted to include the freedom to make
decisions about one’s own body, particularly in situations where a pregnancy may
jeopardize the woman's health or well-being.

2 . I N T E R N AT I O N A L H U M A N R I G H T S O B L I G AT I O N S
The Philippines is a signatory to several international human rights conventions that can
be interpreted as supporting the legalization of abortion under certain circumstances.
These include:
 The International Covenant on Civil and Political Rights (ICCPR), particularly
Articles 6 and 7, which protect the right to life and prohibit torture or cruel,
inhuman, or degrading treatment. The denial of safe abortion, which forces
women to resort to unsafe methods, could be considered as a violation of these
rights, as it places women at risk of death or severe injury.
 The Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW), which emphasizes gender equality and the protection of
women's health. By denying women control over their reproductive choices, the
Philippines' restrictive abortion laws are seen as perpetuating gender-based
discrimination and inequality.
 The International Conference on Population and Development (ICPD), which
calls for reproductive rights, including access to safe and legal abortion, as
essential to the empowerment of women. The United Nations has repeatedly
urged governments, including the Philippines, to ensure women’s reproductive
rights are protected, including the right to decide freely and responsibly the
number and spacing of their children.
International human rights frameworks argue that restricting access to abortion violates
women's rights to autonomy, equality, and health, principles that the Philippines is
bound to uphold through its international obligations.

3 . P U B L I C H E A LT H C O N C E R N S A N D S TAT E R E S P O N S I B I L I T Y
One of the most compelling legal arguments for the legalization of abortion in the
Philippines is the public health concern. Studies show that restrictive abortion laws do
not reduce abortion rates; instead, they drive women to seek unsafe and illegal
procedures, which often result in severe health consequences, including maternal
deaths.
 Unsafe Abortion Statistics: According to the World Health Organization (WHO),
around 600,000 women in the Philippines undergo unsafe abortions every year,
leading to hundreds of deaths and thousands of complications, many of which
could be prevented with safe and legal abortion options.
 Duty to Protect Health: The Philippine government has a duty under both
domestic law and international human rights treaties to safeguard the health of its
citizens. Public health law, particularly under the Philippine Health Act, requires
the state to take action to prevent the spread of preventable diseases, which
include the consequences of unsafe abortions. Legalizing abortion and providing
comprehensive reproductive health services, including safe abortion, would be
an essential step in fulfilling this duty.

4. GENDER EQUALITY AND AUTONOMY


Abortion laws are also framed within the context of women's rights to autonomy over
their own bodies. In a legal sense, denying women access to safe abortion services can
be viewed as a violation of their personal liberty and equality before the law.
 Discrimination: The prohibition of abortion disproportionately impacts women,
particularly the poor and those in rural areas, where access to reproductive
health services is already limited. Such a law treats women as second-class
citizens, unable to exercise control over their reproductive choices. It perpetuates
gender inequality by assuming that women's reproductive roles should be
dictated by the state or by religious or cultural norms rather than by the woman
herself.
 Freedom of Choice: The Philippines, as a democratic state, is bound to respect
the autonomy of individuals. The right to make decisions about one’s own body,
including the decision to terminate a pregnancy, is a fundamental aspect of
individual liberty. Legalizing abortion supports the notion that women should have
the agency to make choices about their bodies, free from government
interference.

5 . M O D E R N L E G A L I N T E R P R E TAT I O N A N D J U D I C I A L P R E C E D E N T S
In the context of evolving legal norms and interpretations, the Philippine legal system
must align itself with international standards of human rights and public health. The
argument for abortion legalization can draw on the principle of evolving societal
standards—a legal theory that suggests that laws should adapt to modern realities and
emerging norms.
 Judicial Precedents: While the Philippines has yet to decriminalize abortion,
other countries with predominantly Catholic populations, such as Ireland, have
decriminalized abortion after public pressure and judicial consideration of
evolving human rights standards. The Philippines, despite its cultural
conservatism, could follow the trend of other nations in reconsidering the
criminalization of abortion in light of these principles.
 The Right to Privacy and Autonomy: The Philippine Supreme Court has also
upheld the right to privacy and personal autonomy in various rulings, such as in
the case of Carino v. Court of Appeals (2000), which recognized the right of
individuals to make decisions regarding their personal relationships and
reproductive choices. Advocates argue that the same reasoning should apply to
a woman’s decision about whether to carry a pregnancy to term.
6 . E C O N O M I C A R G U M E N T S A N D P O V E RT Y A L L E V I AT I O N
Legalizing abortion can also be framed within an economic argument, especially given
the economic impact of unwanted pregnancies on women, their families, and society at
large. Women who are forced to carry unwanted pregnancies to term may face financial
hardship, increased reliance on social services, and a heightened risk of poverty.
 Financial Burden: The costs associated with carrying an unwanted pregnancy
to term, including healthcare, childcare, and lost income, disproportionately affect
poor women. These women, in particular, may find it difficult to raise children in
conditions of poverty, perpetuating cycles of poverty and inequality.
 Public Spending: Legalizing abortion could reduce the economic burden on the
state by decreasing the number of women who need emergency medical care for
unsafe abortion procedures. It would also align with other reproductive health
programs aimed at reducing maternal mortality and promoting gender equality.

C O N C LU S I O N
The legalization of abortion in the Philippines raises significant legal, social, and ethical
issues, but the legal arguments for its decriminalization are compelling. These
arguments center around the protection of women's rights, including the right to health,
autonomy, and equality; adherence to international human rights standards; public
health concerns; and economic considerations. By recognizing the evolving
understanding of human rights, particularly in terms of reproductive freedoms, the
Philippines can ensure that its legal system reflects the values of gender equality,
individual liberty, and public welfare.
The debate over abortion legalization is far from over, but these legal arguments
provide a foundation for rethinking current laws in favor of women's health, rights, and
equality in the Philippines

Key facts
 Six out of 10 unintended pregnancies end in induced abortion.
 Abortion is a common health intervention. It is very safe when carried out
using a method recommended by WHO, appropriate to the pregnancy
duration and by someone with the necessary skills.
 However, around 45% of abortions are unsafe.
 Unsafe abortion is an important preventable cause of maternal deaths and
morbidities. It can lead to physical and mental health complications and
social and financial burdens for women, communities and health systems.
 Lack of access to safe, timely, affordable and respectful abortion care is a
critical public health and human rights issue.
Overview
Around 73 million induced abortions take place worldwide each year. Six out of 10
(61%) of all unintended pregnancies, and 3 out of 10 (29%) of all pregnancies, end
in induced abortion (1).
Comprehensive abortion care is included in the list of essential health care
services published by WHO in 2020. Abortion is a simple health care intervention
that can be safely and effectively managed by a wide range of health workers
using medication or a surgical procedure. In the first 12 weeks of pregnancy, a
medical abortion can also be safely self-managed by the pregnant person outside
of a health care facility (e.g. at home), in whole or in part. This requires that the
woman has access to accurate information, quality medicines and support from a
trained health worker (if she needs or wants it during the process).
Comprehensive abortion care includes the provision of information, abortion
management and post-abortion care. It encompasses care related to miscarriage
(spontaneous abortion and missed abortion), induced abortion (the deliberate
interruption of an ongoing pregnancy by medical or surgical means), incomplete
abortion as well as intrauterine fetal demise.
The information in this fact sheet focuses on care related to induced abortion.

Scope of the problem


When carried out using a method recommended by WHO appropriate to the
pregnancy duration, and by someone with the necessary skills, abortion is a safe
health care intervention (3).
However, when people with unintended pregnancies face barriers to attaining
safe, timely, affordable, geographically reachable, respectful and non-
discriminatory abortion care, they often resort to unsafe abortion.1
Global estimates from 2010–2014 demonstrate that 45% of all induced abortions
are unsafe. Of all unsafe abortions, one third were performed under the least safe
conditions, i.e. by untrained persons using dangerous and invasive methods. More
than half of all these unsafe abortions occurred in Asia, most of them in south and
central Asia. In Latin American and Africa, the majority (approximately 3 out of 4)
of all abortions were unsafe. In Africa, nearly half of all abortions occurred under
the least safe circumstances (4).
Consequences of inaccessible quality abortion care
Lack of access to safe, affordable, timely and respectful abortion care, and the
stigma associated with abortion, pose risks to women’s physical and mental well-
being throughout the life-course.
Inaccessibility of quality abortion care risks violating a range of human rights of
women and girls, including the right to life; the right to the highest attainable
standard of physical and mental health; the right to benefit from scientific
progress and its realization; the right to decide freely and responsibly on the
number, spacing and timing of children; and the right to be free from torture,
cruel, inhuman and degrading treatment and punishment.
Maternal deaths due to unsafe abortion are often misclassified and underreported
due to stigma. A review from 2009–20 found that 8% of maternal deaths were
linked to abortion (5).
While deaths from safe abortion are negligible, <1/100 000 (5), in regions where
unsafe abortions are common, the death rates are high, at > 200/100 000
abortions. Estimates from 2012 indicate that in developing countries alone,
7 million women per year were treated in hospital facilities for complications of
unsafe abortion (6).
Physical health risks associated with unsafe abortion include:
 incomplete abortion (failure to remove or expel all pregnancy tissue from
the uterus);
 haemorrhage (heavy bleeding);
 infection;
 uterine perforation (caused when the uterus is pierced by a sharp object);
and
 damage to the genital tract and internal organs as a consequence of
inserting dangerous objects into the vagina or anus.
Restrictive abortion regulation can cause distress and stigma, and risk constituting
a violation of human rights of women and girls, including the right to privacy and
the right to non-discrimination and equality, while also imposing financial burdens
on women and girls. Regulations that force women to travel to attain legal care, or
require mandatory counselling or waiting periods, lead to loss of income and other
financial costs, and can make abortion inaccessible to women with low
resources (6,7,8).
Estimates from 2006 show that complications of unsafe abortions cost health
systems in developing countries US$ 553 million per year for post-abortion
treatments. In addition, households experienced US$ 922 million in loss of income
due to long-term disability related to unsafe abortion (9). Countries and health
systems could make substantial monetary savings by providing greater access to
modern contraception and quality induced abortion (8,10).
A scoping review from 2021 indicate that abortion regulations – by being linked to
fertility – affect women’s education, participation on the labour market and
positive contribution to GDP growth. The legal status of abortion can also affect
children’s educational outcomes, and their earnings on the labour market later in
life. For example, legalization of abortion – by reducing the number of unwanted
pregnancies and thus increasing the likelihood that children are born wanted – can
be linked to greater parental investments in children, including in girls’
schooling (10).

Expanding quality abortion care


Evidence shows that restricting access to abortions does not reduce the number of
abortions (1); however, it does affect whether the abortions that women and girls
attain are safe and dignified. The proportion of unsafe abortions are significantly
higher in countries with highly restrictive abortion laws than in countries with less
restrictive laws (2).
Barriers to accessing safe and respectful abortion include high costs, stigma for
those seeking abortions and health care workers, and the refusal of health
workers to provide an abortion based on personal conscience or religious belief.
Access is further impeded by restrictive laws and requirements that are not
medically justified, including criminalization of abortion, mandatory waiting
periods, provision of biased information or counselling, third-party authorization
and restrictions regarding the type of health care providers or facilities that can
provide abortion services.
Multiple actions are needed at the legal, health system and community levels so
that everyone who needs abortion care has access to it. The three cornerstones of
an enabling environment for quality comprehensive abortion care are:
 respect for human rights, including a supportive framework of law and
policy;
 the availability and accessibility of information; and
 a supportive, universally accessible, affordable and well functioning health
system.
A well-functioning health system implies many factors, including:
 evidence-based policies;
 universal health coverage;
 the reliable supply of quality, affordable medical products and equipment;
 that an adequate number of health workers, of different types, provide
abortion care at a reachable distance to patients;
 the delivery of abortion care through a variety of approaches, e.g. care in
health facilities, digital interventions and self-care approaches, allowing for
choices depending on the values and preferences of the pregnant person,
available resources, and the national and local context;
 that health workers are trained to provide safe and respectful abortion care,
to support informed decision-making and to interpret laws and policies
regulating abortion;
 that health workers are supported and protected from stigma; and
 provision of contraception to prevent unintended pregnancies.
Availability and accessibility of information implies:
 provision of evidence-based comprehensive sexuality education; and
 accurate, non-biased and evidence-based information on abortion and
contraceptive methods.

WHO response
WHO provides global technical and policy guidance on the use of contraception to
prevent unintended pregnancy, provision of information on abortion care,
abortion management (including miscarriage, induced abortion, incomplete
abortion and fetal death) and post-abortion care. In 2022, WHO published an
updated, consolidated guideline on abortion care, including all WHO
recommendations and best practice statements across three domains essential to
the provision of abortion care: law and policy, clinical services and service delivery.
WHO also maintains the Global Abortion Policies Database. This interactive online
database contains comprehensive information on the abortion laws, policies,
health standards and guidelines for all countries.
Upon request, WHO provides technical support to countries to adapt sexual and
reproductive health guidelines to specific contexts and strengthen national policies
and programmes related to contraception and safe abortion care. A quality
abortion care monitoring and evaluation framework is also in development.
WHO is a cosponsor of the HRP (UNDP/UNFPA/UNICEF/WHO/World Bank Special
Programme of Research, Development and Research Training in Human
Reproduction), which carries out research on clinical care, abortion regulation,
abortion stigma, as well as implementation research on community and health
systems approaches to quality abortion care. It also monitors the global burden of
unsafe abortion and its consequences.
1
An “unsafe abortion” is defined as a procedure for terminating a pregnancy
performed by persons lacking the necessary information or skills or in an
environment not in conformity with minimal medical standards, or both. The
persons, skills and medical standards considered safe in the provision of abortion
are different for medical and surgical abortion and by pregnancy duration. In
using this definition, what is considered ‘safe’ or unsafe needs to be interpreted in
line with the most current WHO technical and policy guidance (2).

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