Benin isone of the only countries in Africa to legalise abortion. Many public health officials support legal abortion and cite the country'smaternal mortality rate. Many religious leaders oppose it. Civil society organisations such asIpas advocate for safe abortion.
A 2021 amendment to the Sexual Health and Reproduction (SRH) 2003 Law permits abortion:[1][2]
À la demande de la femme enceinte, l'interruption volontaire de grossesse peut être autorisée lorsque la grossesse est susceptible d'aggraver ou d'occasionner une situation de détresse matérielle, éducationnelle, professionnelle ou morale incompatible avec l'intérêt de la femme et/ou de l'enfant à naître...
Induced abortion may be authorised upon the request of the pregnant woman, voluntary termination of pregnancy can be allowed when the pregnancy is likely to aggravate or cause a situation of material, educational, professional or moral distress incompatible with the interest of the woman and/or the unborn child...
The law does not set a gestational limit fortherapeutic abortion. Abortions prescribed by a doctor for the life or health of the woman have been legal since 2003.[4][5]
The law states that a pregnant woman above theage of majority may request an abortion directly from a physician in a public or privatehealth facility, or may make a request through a social worker.[3] If the pregnant woman is a minor or an adult under aconservatorship, her legal representative must request an abortion through a social worker, who refers her to a facility which may provide an abortion with the legal guardian's consent.[4][6]
Before 2003, abortion was only permitted to save the life of the pregnant woman.[8] A select list of experts were allowed to examine apregnancy to determine whether the only option for saving the woman's life was to induce abortion.[9][10]
In 2003, Benin ratified theMaputo Protocol, which provides for access to safe abortion.[11]
On 3 March 2003, law number 2003-04 was passed. Article 17 prohibited abortion with three exceptions:[12]
Lorsque la poursuite de la grossesse met en danger la vie et la santé de la femme enceinte ; À la demande de la femme lorsque la grossesse est la conséquence d’un viol ou d’une relation incestueuse ; et lorsque l’enfant à naître présente une malformation congénitale.
According to 2021 government statistics, nearly 200 women died as a result ofunsafe abortions. On the night of 20–21 October 2021, theNational Assembly passed Law 2021-12, a legal amendment to Law 2003-04 onsexual and reproductive health. The new law allowed for abortion on request for up to twelve weeks of pregnancy for socioeconomic reasons.[2][1][13] The legislators present during the final vote passed the law unanimously.[14] Benin becameone of the only countries in Africa to legalise abortion within a regulatory framework.[15]
Some members of parliament opposed the law, as they believed abortion is immoral.[16] President of the National AssemblyLouis Vlavonou argued that the law was caused by Western influence and a conspiracy against African values. He argued that women must accept the consequences and responsibility of getting pregnant in lieu of seeking abortions.[17]
The law was created due to lobbying by doctors, supported by the country's minister for social affairsVéronique Tognifode, and health ministerBenjamin Hounkpatin, who have both worked as gynecologists.[14] Hounkpatin cited the high rate of maternal deaths caused by unsafe abortions.[16] PresidentPatrice Talon supported the law.[14]
On 12 October 2021, CNGOB spokesperson Raphaël Totongnon and the president of ABPF addressed the National Assembly and the president of the Law Commission, Orden Alladatin. Totongnon cited that abortion was the third-leading cause ofmaternal mortality in Benin. The ABPF president said, "In our advocacy speech, we demand that the National Assembly save the lives of the many women who lose their lives from clandestine abortions."[17]
In 2015–2019, there were 589,000 pregnancies per year, of which 227,000 were unintended and 84,300 resulted in abortion. Between 1990–1994 and 2015–2019, the unintended pregnancy rate decreased by 17% and the abortion rate increased by 22%.[23]
Abortion is a taboo subject in Benin.[24] There is a strong stigma surrounding abortion based on religious and moral values. The stigma leads women to seek clandestine abortions.[7]
Since the 1990s,self-induced abortions have been growing inBenin, especially among students in high school or university.[10]
Complications of unsafe abortion among women, especially adolescents, are a major public health issue.[25] Health authorities consider the rate of unsafe abortions alarming.[26]
Unsafe abortions contribute to the country'smaternal mortality rate of 391 per 100,000 births, as of 2021.[25] Before the 2021 law was passed, it was estimated that 200 women per year died of unsafe abortions, of which 20% were adolescents.[26] A 2002 study conducted in four hospitals reported that 14.6% of deaths were caused by unsafe abortions.[7] Among girls aged 15 to 19, 15% of maternal deaths are caused by unsafe abortions, as of 2021.[25]
Contraceptive use is rare. As of 2013, only 8% of women in relationships use birth control. This rate is highest inCotonou, at 12%.[7]
In March 2022, a 41-year-old auxiliary nurse was sentenced to 20 years of prison for providing a clandestine abortion that caused the death of a young woman in December 2016.[27]
^Government of Benin (3 March 2003)."Loi No. 2003-04 du 03 mars 2003" [Law No. 2003-04 of 3 March 2003].sgg.gouv.bj (in French). Retrieved5 April 2022.
