Date: Thu, 26 Jan 2006 10:34:09 -0500 From: REPROHEALTHLAW-L : Reproductive and Sexual

Date: Thu, 26 Jan 2006 10:34:09 -0500 From: "REPROHEALTHLAW-L : Reproductive and Sexual Health Law Programme" Subject: new Ethiopian abortion law

Many thanks to Samara Polansky ([email protected]) for writing the following summary for this listserve:

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Women’s Reproductive Rights Recognized in Ethiopia’s New Law

In May 2005, Ethiopia’s new Criminal Code came into effect. The new law is permissive of abortion in a range of circumstances previously held to be illegal, including: when the pregnancy results from rape or incest; when the health or life of the woman and fetus are in danger; in cases of fetal abnormalities; for women with physical or mental disabilities; and for minors who are physically or psychologically unprepared to raise a child. In addition, the criminal penalty for abortion may be mitigated due to poverty and other social factors. This development is significant as it serves as a precedent for abortion law reform in other African countries.

Under the previous law, the 1957 Penal Code, abortion could only be performed if the woman’s life or health were in grave danger. Forcing women to seek illicit and secret abortions, the 1957 Penal Code had abysmal consequences for women. In fact, the Ethiopian Ministry of Health reports that abortion complications are the fifth-leading cause of hospital admissions and the second-leading cause of deaths among hospitalized women. The new law states that a woman’s word is all that is needed to justify pregnancy termination in cases of rape and incest. In many countries, prosecution of rapists or physical proof of rape or incest must be provided prior to a woman obtaining an abortion, thereby endangering the lives of women by hindering safe and timely abortions. Moreover, the new Criminal Code recognizes in its preamble that the 1957 Penal Code did not consider the rights of women and children, and that harmful traditional practices are discouraged in the revised code as a result.

The new Criminal Code supports not only Ethiopia’s new democratic constitution, approved in 1995, but also the international conventions which the country supports, including: the Convention on the Elimination of All Forms of Discrimination Against Women, which Ethiopia ratified in 1981, and the Beijing Platform for Action of 1995.

The new Criminal Code of Ethiopia can be accessed online at: http://mail.mu.edu.et/~ethiopialaws/criminalcode/criminalcodepage.htm