Article 545. - Principle.
(1)
The intentional termination of a pregnancy, at whatever stage or
however effected, is punishable according to the following
provisions, except as otherwise provided under Article 551.
(2) The nature and extent of the punishment given for
intentional
abortion shall be determined according to whether it is
procured
by the pregnant woman herself or by another, and in the
latter
case according to whether or not the pregnant woman gave
her
consent.
Article 546. - Abortion Procured by the Pregnant Woman.
(1) A pregnant woman who intentionally procures her own
abortion
is punishable with simple imprisonment.
(2) Any other person who procured for her the means of, or
aids her
in the abortion, shall be punishable as a principal
criminal or an
accomplice, with simple imprisonment.
(3) A pregnant woman who consents to an act of abortion
except as
is otherwise permitted by law, is punishable with simple
imprisonment.
Article 548. - Aggravated Cases.
Where abortion is performed apart from the circumstances
provided by law the punishment shall be aggravated as
follows:
(1) in cases where the criminal has acted for gain, or made
a
profession of abortion (Art. 92), he is punishable with
fine in
addition to the penalties prescribed in Article 547 above;
(2) in cases where the crime is committed by a person who
has no
proper medical profession, the punishment shall be simple
imprisonment for not less than one year, and fine;
(3) in cases where the crime is committed by a
professional, in
particular, by a doctor, pharmacist, midwife, or nurse
practising
his profession, the Court shall, in addition to simple
imprisonment and fine, order prohibition of practice,
either for a
limited period, or, where the crime is repeatedly
committed, for
life (Art. 123).
Article 549. - Attempt to Procure an Abortion on a
Non-Pregnant
Woman.
The general provisions relating to crimes impossible of
completion (Art. 29) shall apply in the case of attempt to
procure
an abortion on a woman wrongly supposed to be pregnant.
Article 550. - Extenuating Circumstances.
Subject to the provision of Article 551 below, the Court
shall
mitigate the punishment under Article 180, where the
pregnancy
has been terminated on account of an extreme poverty.
Article 551.-Cases where Terminating Pregnancy is Allowed
by
Law.
(1) Termination of pregnancy by a recognized medical
institution
within the period permitted by the profession is not
punishable
where:
a) the pregnancy is the result of rape or incest; or
b) the continuance of the pregnancy endangers the life of
the
mother or the child or the health of the mother or where
the birth of the child is a risk to the life or health of
the
mother; or
c) where the child has an incurable and serious deformity;
or
d) where the pregnant woman, owing to a physical or mental
deficiency she suffers from or her minority, is physically
as
well as mentally unfit to bring up the child.
(2) In the case of grave and imminent danger which can be
averted
only by an immediate intervention, an act of terminating
pregnancy in accordance with the provision of Article 75 of
this
Code is not punishable.
Article 552.- Procedure of Terminating Pregnancy and the
penalty of Violating the Procedure.
(1) The Ministry of Health shall shortly issue a directive
whereby
pregnancy may be terminated under the conditions specified
in
Article 551 above, in a manner which does not affect the
interest
of pregnant women.
(2) In the case of terminating pregnancy in accordance with
subarticle
(1) (a) of Article 551 the mere statement by the woman is
adequate to prove that her pregnancy is the result of rape
or
incest.
(3) Any person who violated the directive mentioned in sub-article
(1) above, is punishable with fine not exceeding one
thousand
Birr, or simple imprisonment not exceeding three months.
* * *
Technical and Procedural Guideline
for Safe Abortion Services in
I. Introduction
II. Types Of Abortion Services
III. Legal Provisions for Safe Abortion Services
IV. Implementation Guide for Safe Abortion Services
VI. Procedures During Termination
VII. Post-Procedure Care
VIII. Referral Arrangemnts
IX. Providers’ Skills and Performance.
X. Abortion Services by Level of Care.
XI. Essential Equipment And Supplies
XII. Monitoring and Evaluation
Appendices
CBRHA: Community-Based
Reproductive Health Agent
CHA: Community Health Agent
DACA: Drug Administration and
Control Authority
FDRE: Federal Democratic
FMOH: Federal Ministry of
Health
FP: Family Planning
GBV: Gender-Based
Violence
GMP: General Medical Practitioner
ICPD:
International
Conference on Population and Development
IPPF: International
Planned Parenthood Federation
IUCD: Intrauterine
Contraceptive Device
LNMP: Last
MVA: Manual
Vacuum Aspiration
PHCU: Primary Health-Care
Unit
RH: Reproductive Health
SMC: Sharp
Metallic Curettage
STDs: Sexually Transmitted
Diseases
TBA: Traditional Birth
Attendant
VCT: Voluntary Counseling
and Testing
VIA: Visual
Inspection of Cervix Using Aceto-Acetic Acid
Abortion is more than a medical issue, or an
ethical issue, or a legal issue. It is, above all, a human issue, involving
women and men as individuals, as couples, and as members of societies (Tietze,
1978).
Statistical returns from health facilities across the country and from hospital-based studies show that unsafe abortion is among the top 10 reasons for hospital admissions for women. Unsafe abortion accounts for nearly 60% of all gynecologic admissions and almost 30% of all obstetric and gynecologic admissions. Due to the clandestine nature of unsafe abortion services, however, these figures represent only the tip of iceberg, not the full magnitude of the problem.
It
is estimated that there are 3.27
million pregnancies in
Institution-based studies have shown that the cost of care to the health system for abortion complications is enormous. In addition, the loss of productivity due to absence from work by the patient and her attending family members can affect the overall economy.
In reference to abortion, the international community has pledged commitment to reducing the need for abortion through expanding and improving family planning (FP) services and, where the laws of the land allow, providing women with high-quality abortion care. Furthermore, at the five-year review of the ICPD, there were calls for governments to consider reviewing laws that contain punitive measures against women who undergo illegal abortions. Governments have also agreed that, in circumstances where abortion is not against the law, health systems should train and equip providers and take measures to ensure that abortion services are safe and accessible. Additional measures to safeguard women’s health are also required.
At
the UN summit in 2000, governments of the world ratified the Millennium
Development Goals (MDGs) as an international tool for reducing poverty and
improving the standard of living in the developing world. One of the eight MDGs
is to reduce the maternal mortality rate by 75% (from 1990 levels) by the year
2015. Preventing unsafe abortion is one of the five strategies for reducing
maternal mortality that was endorsed by the World Health Organization (WHO) in
2004.
In response to these developments at the global level and changes in social and gender relations within the country, the government of the Federal Democratic Republic of Ethiopia (FDRE) has reviewed its laws and policies within the last decade.
Articles 14, 15, and 16 under Section I (Human Rights) of the Constitution refer to the rights to life, liberty, and security of the person. Article 35 refers to women’s equality with men and their rights to information and the capacity to be protected from the dangers of pregnancy and childbirth.
The
Women’s Policy recognizes the low status accorded to women in
·
The Health Policy of the Transitional Government of Ethiopia (1993) states that the health needs of women and children require particular attention. The policy recommends decentralizing services and “enriching the concept and intensifying the practice of family planning for optimal family health and planned population dynamics.” The policy also discusses the need for “adequate maternal health care including care for high-risk pregnancies” and, in reference to health-related laws, recommends “developing new rules and regulations to help in the implementation of the current policy and addressing new health issues.”
Cognizant
of the extent of the problem of unsafe abortion, and with due recognition of
the need for an integrated approach to reducing maternal morbidity and
mortality, the FMOH has issued this guideline for health workers across the
country. The guideline was developed by the FMOH on the basis of the authority
vested in it by the House of Representatives of the FDRE per Article 552 sub-article
1 of the Penal Code of Ethiopia (promulgated in May 2005).
Aim of the guideline
This
guideline is a working document on the techniques and procedures that must be
observed in providing safe termination of pregnancy services as permitted by
the recently revised law (
In
the process of developing this guideline, due consideration has been given to
the knowledge and skills acquired in basic education by all cadres of health
providers. This guideline is for health managers, program coordinators, and all
categories of health-care providers practicing in
This
guideline will be implemented in all health institutions recognized by the FMOH
as specified under Section X: Abortion Services by Level of Care. The guideline
is meant to ensure that all women obtain standard, consistent, and safe
termination of pregnancy services as permitted by law.
Abortion is the termination of pregnancy before fetal viability, which is conventionally taken to be less than 28 weeks from the last normal menstrual period (LNMP). If the LNMP is not known, a birth weight of less than 1000gm is considered as abortion.
There are two types of care related to termination of pregnancy: woman-centered abortion care and postabortion care.
Woman-centered abortion care is a comprehensive approach to providing abortion services that takes into account the various factors that influence a woman’s individual mental and physical health needs, her personal circumstances, and her ability to access services. This care includes a range of medical and related health services that support women in exercising their sexual and reproductive rights.
Woman-centered abortion services have three key elements. These are:
Postabortion care is a comprehensive service for treating women that present to health-care facilities after abortion has occurred spontaneously or after an attempted termination. Postabortion care has five essential elements, which are:
Several methods of termination of pregnancy are available. The best method for a woman depends on the duration of pregnancy, the general health status of the woman, the availability of each method, the distance from a referral center, the knowledge and skill of the provider, and the level of care.
Health workers involved in the care of women should be well aware of the provisions of this guideline, which is an official interpretation of the law on safe abortion services as outlined below. Knowledge of the law is essential so that providers not only know what is expected of them but can also inform and educate women and the community at large.
Article 551 of the Penal Code of the FDRE allows termination of pregnancy under the following conditions:
1. Termination of pregnancy by a recognized medical institution within the period permitted by the profession is not punishable where:
2. In the case of grave and imminent danger which can be averted only by an immediate intervention, an act of terminating pregnancy in accordance with the provisions of Article 75 of this Code is not punishable.
Timing and place for terminating pregnancy
1. Termination of pregnancy as permitted by the law can be conducted in a public or private facility that fulfills the pre-set criteria.
2. A woman who is eligible for pregnancy termination should obtain the service within three working days. This time is used for counseling and diagnostic measures necessary for the procedure.
3. All health facilities at the level of a health center and above can perform termination of pregnancy as permitted by Article 551 for pregnancies less than 12 weeks of gestation from the first day of the LNMP.
4. Termination of pregnancy between 13 and 28 weeks of gestation should be done in a secondary or tertiary level of care.
5. Women who are eligible for pregnancy termination should have the necessary information to seek abortion care as early in pregnancy as possible.
Þ Where the continuation of the pregnancy endangers the life of the
mother or the child or the health of the mother or where the birth of the child
is a risk to the life or health of the mother
· The provider should, in all good faith, follow the knowledge of standard medical indications that necessitate termination of pregnancy to save the life or health of the mother.
· The woman should not necessarily be in a state of ill health at the time of requesting safe abortion services. It is therefore the responsibility of the health provider in charge to assess the woman’s conditions and determine in good faith that the continuation of the pregnancy or the birth of the fetus poses a threat to her health or life.
3. Implementation guide for
Article 551 sub-article 1C
Þ Where the fetus has an incurable and serious deformity
Þ Where the pregnant woman, owing to a physical or mental deficiency
she suffers from or her minority, is physically as well as mentally unfit to
bring up the child
· The provider will use the stated age on the medical record for age determination to determine whether the person is under 18 or not. No additional proof of age is required.
· A disabled person is one who has a condition called disability that interferes with his or her ability to perform one or more activities of everyday living. Disability can be broadly categorized as mental or physical.
5. Implementation guide for Article 551 sub-article 2
Þ
In the case of grave and imminent danger, which can be averted only by
an immediate intervention, an act of terminating pregnancy in accordance with
the provisions of Article 75 of this Code is not punishable
· Health providers responsible for the provision of comprehensive abortion care services are authorized to perform abortion procedures on women whose medical conditions warrant the immediate termination of pregnancy.
Applicable for all sub-articles:
The first steps in providing abortion care are to establish that the woman is pregnant and, if she is, to estimate the duration of the pregnancy. Taking the woman’s history, performing a bimanual pelvic examination, conducting the required laboratory investigations, counseling the client to help her decide between alternative options, and obtaining her consent are all part of the pre-procedure care.
a. Counseling
· Provide sufficient and accurate information on the comparative risks of continuing the pregnancy to term or terminating the pregnancy and on the risks associated with the method of pregnancy termination.
· The information and counseling provided to women requesting safe termination of pregnancy must include a minimum of the following:
o Options counseling: continuing or
terminating the pregnancy
o Available methods of pregnancy
termination and pain control medications (including the advantages and
disadvantages of each)
o What will be done during and
after the procedure
o Possible short- and long-term
risks associated with the method of termination of pregnancy
o When to expect resumption of
menses
o Follow-up care
· The information should be clear, objective, and non-coercive, and should be provided in a language understandable to the woman. The information should be supplemented with written materials whenever possible.
b.
Informed decisionmaking
· All women undergoing pregnancy termination should, after receiving objective counseling, consent to the procedure of termination in writing.
· The health-care institution and the health worker who provides the service has an ethical obligation not to disclose the information provided by the woman unless permitted by the woman or ordered by a court of law.
Before any procedure to terminate a pregnancy, a detailed medical history and confirmation of the pregnancy and gestational duration must be documented.
a. The medical history. Ask
and document the following:
·
Age
·
Reproductive history (number of pregnancies, deliveries, abortions)
·
First day of LNMP
·