Indicator 9: The laws ensure the right of women to sexual and reproductive health and freedom on their own bodies

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Even if sexual and reproductive rights are human rights, the right to control one’s own body, as well as the rest of individual freedoms, is still very poorly recognized and therefore very weakly guaranteed in all the countries.

The right to abortion is still a problem. Abortion is most often considered illegal by the penal code of the index countries except in Tunisia. In Algeria, it is permitted in only three cases related to women’s health or life, and the viability of the foetus. In Lebanon, it is important to note that abortion is illegal even in case of rape.

Countries
Algeria

Algeria

The 2018 Health Act promulgated three permissive cases for abortions:

  1. When the physiological, psychological, and/or mental balance of the woman is at serious risk. The text is not explicit as to the nature of the loss of balance but is believed to refer to a woman who gets pregnant after being raped.
  2. When the foetal anomaly implies non-viability.
  3. When a woman’s life or health is at risk if the pregnancy continues.

 

Egypt

Egypt

The right to sexual and reproductive health is guaranteed by laws. However, abortion is illegal.

Jordan

Jordan

The right to sexual and reproductive health is guaranteed by laws. However, abortion is illegal. Article 12 of the public health law allows abortion only if it endangers the life of the pregnant woman or could lead to her death.

Lebanon Flag

Lebanon

The right to sexual and reproductive health is guaranteed by laws. However, abortion is illegal.

Morocco

Morocco

The right to sexual and reproductive health is guaranteed by laws. However, abortion is illegal. Penal code (article 453) states that “abortion is not punishable if it is necessary to preserve the mother’s wellbeing and when performed overtly by a doctor or a surgeon with the husband’s permission”.

Palestine

Palestine

The right to sexual and reproductive health is guaranteed by laws. However, abortion is illegal.

Tunisia

Tunisia

The right to sexual and reproductive health is guaranteed by laws and abortion is legal. Abortion is authorized during the first trimester of pregnancy by a physician legally practicing in a hospital or healthcare establishment or authorized clinic.

It is also permitted after three months if there is any concern that the continuation of the pregnancy might cause harm to the woman’s physical or mental health, or if the fetus is expected to develop an illness or a serious disease.

 

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2020 Regional Index on VAWG