Benin Benin, officially the Republic of Benin, is a country in West Africa. It was formerly known as Dahomey. It is bordered by Togo to the west, Nigeria to the east, Burkina Faso to the north-west, and Niger to the north-east. The majority of its po ...

abortion Abortion is the early termination of a pregnancy by removal or expulsion of an embryo or fetus. Abortions that occur without intervention are known as miscarriages or "spontaneous abortions", and occur in roughly 30–40% of all pregnan ...

is legal on broad socioeconomic grounds up to twelve weeks of pregnancy. During the French colonial era, a 1920 law banned abortion except to save the life of the woman. In 2003, the

National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...

legalised abortion in the cases of threat to the mother's health,

pregnancy from rape Pregnancy is a potential result of rape. It has been studied in the context of war, particularly as a tool for genocide, as well as in other unrelated contexts, such as rape by a stranger, statutory rape, incest, and underage pregnancy. The ...

or incest, or risk of

birth defect A birth defect is an abnormal condition that is present at birth, regardless of its cause. Birth defects may result in disabilities that may be physical, intellectual, or developmental. The disabilities can range from mild to severe. Birth de ...

s. Benin is one of the only countries in Africa to legalise abortion. Many public health officials support legal abortion and cite the country's

maternal mortality Maternal death or maternal mortality is defined in slightly different ways by several different health organizations. The World Health Organization (WHO) defines maternal death as the death of a pregnant mother due to complications related to p ...

rate. Many religious leaders oppose it. Civil society organisations such as Ipas advocate for safe abortion. The rates of abortion and

self-induced abortion A self-induced abortion (also called a self-managed abortion, or sometimes a self-induced miscarriage) is an abortion performed by the pregnant woman herself, or with the help of other, non-medical assistance. Although the term includes abortion ...

have increased since the 1990s.

Unsafe abortion An unsafe abortion is the termination of a pregnancy by people lacking the necessary skills, or in an environment lacking minimal medical standards, or both. An unsafe abortion is a life-threatening procedure. It includes self-induced abortions, ...

is common, especially among adolescents. Unsafe abortions are a major cause of

in the country.

Legislation

A 2021 amendment to the Sexual Health and Reproduction (SRH) 2003 Law permits abortion: The law specifies a

gestational age In obstetrics, gestational age is a measure of the age of a pregnancy taken from the beginning of the woman's last menstrual period (LMP), or the corresponding age of the gestation as estimated by a more accurate method, if available. Such metho ...

of 12 weeks (12 weeks after

amenorrhea Amenorrhea or amenorrhoea is the absence of a menstrual period in a female organism who has reached reproductive age. Physiological states of amenorrhoea are most commonly seen during pregnancy and lactation (breastfeeding). In humans, it is wher ...

) during which abortion is permitted. The law does not set a gestational limit for

therapeutic abortion Abortion is the early termination of a pregnancy by removal or expulsion of an embryo or fetus. Abortions that occur without intervention are known as miscarriages or "spontaneous abortions", and occur in roughly 30–40% of all pregnanc ...

. Abortions prescribed by a doctor for the life or health of the woman have been legal since 2003. The law states that a pregnant woman above the

age of majority The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when a person ceases to be considered a minor (law), minor, and assumes legal control over their person, actions, and decisions, thus te ...

may request an abortion directly from a physician in a public or private

health facility A health facility is, in general, any location where healthcare is provided. Health facilities range from small clinics and doctor's offices to urgent care centers and large hospitals with elaborate emergency rooms and trauma centers. The ...

, or may make a request through a social worker. If the pregnant woman is a minor or an adult under a

conservatorship Under U.S. law, a conservatorship results from the appointment of a guardian or a protector by a judge to manage the personal or financial affairs of another person who is incapable of fully managing their own affairs due to age or physical or m ...

, 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.

History

Colonial era

The 1920 law banning

abortion in France Abortion in France is legal upon request until 14 weeks after conception (16 weeks after the pregnant woman's last menstrual period). Abortions at later stages of pregnancy up until birth are allowed if two physicians certify that the abortion ...

has influenced the law and practice of abortion in Benin and other

Francophone The Francophonie or Francophone world is the whole body of people and organisations around the world who use the French language regularly for private or public purposes. The term was coined by Onésime Reclus in 1880 and became important a ...

countries in

West Africa West Africa, also known as Western Africa, is the westernmost region of Africa. The United Nations geoscheme for Africa#Western Africa, United Nations defines Western Africa as the 16 countries of Benin, Burkina Faso, Cape Verde, The Gambia, Gha ...

Post-independence

Before 2003, abortion was only permitted to save the life of the pregnant woman. A select list of experts were allowed to examine a

pregnancy Pregnancy is the time during which one or more offspring gestation, gestates inside a woman's uterus. A multiple birth, multiple pregnancy involves more than one offspring, such as with twins. Conception (biology), Conception usually occurs ...

to determine whether the only option for saving the woman's life was to induce abortion.. In 2003, Benin ratified the

Maputo Protocol The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, better known as the Maputo Protocol, is an international human rights instrument established by the African Union that went into effect in 2005. ...

, which provides for access to safe abortion.

2003 law

On 3 March 2003, law number 2003-04 was passed. Article 17 prohibited abortion with three exceptions: The law stipulated a future decree to set the conditions and protocol for legal abortion.

2021 law

According to 2021 government statistics, nearly 200 women died as a result of

unsafe abortion An unsafe abortion is the termination of a pregnancy by people lacking the necessary skills, or in an environment lacking minimal medical standards, or both. An unsafe abortion is a life-threatening procedure. It includes self-induced abortions, ...

s. On the night of 20–21 October 2021, the

passed Law 2021-12, a legal amendment to Law 2003-04 on

sexual and reproductive health Sexual and reproductive health (SRH) is a field of research, health care, and social activism that explores the health of an individual's reproductive system and sexual well-being during all stages of their life. Sexual and reproductive healt ...

. The new law allowed for abortion on request for up to twelve weeks of pregnancy for socioeconomic reasons. The legislators present during the final vote passed the law unanimously. Benin became one of the only countries in Africa to legalise abortion within a regulatory framework. Some members of parliament opposed the law, as they believed abortion is immoral. President of the National Assembly Louis 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. The law was created due to lobbying by doctors, supported by the country's minister for social affairs Véronique Tognifode, and health minister Benjamin Hounkpatin, who have both worked as gynecologists. Hounkpatin cited the high rate of maternal deaths caused by unsafe abortions. President

Patrice Talon Patrice Guillaume Athanase Talon (born 1 May 1958) is a Beninese politician and businessman who has been president of Benin since 6 April 2016. Early life and career Talon is of Fon origin and was born in Ouidah. He descends from slave tra ...

supported the law.

Public debate

The Catholic Church in Benin, particularly the

Episcopal Conference of Benin The Episcopal Conference of Benin or Bishops' Conference of Benin is the local assembly of bishops is the Episcopal Conference of Benin (, or CEB). The CEB is a member of the Regional Episcopal Conference of Francophone West Africa and the Symp ...

, has opposed Law 2021-12 and campaigned against its instatement. Some doctors supported the new law as a way to reduce

. Others opposed the law due to personal or religious opposition.

Civil society Civil society can be understood as the "third sector" of society, distinct from government and business, and including the family and the private sphere.non-governmental organization A non-governmental organization (NGO) is an independent, typically nonprofit organization that operates outside government control, though it may get a significant percentage of its funding from government or corporate sources. NGOs often focus ...

(). 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 of

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."

Civil society organisations

Organisations that advocate for access to safe abortion as part of

, include ABPF, the Parliamentary Network for Population and Development, Ipas Francophone Africa, CNGOB, the

International Planned Parenthood Federation The International Planned Parenthood Federation (IPPF) is a global non-governmental organisation with the broad aims of promoting sexual and reproductive health, and advocating the right of individuals to make their own choices in family planni ...

Rutgers Rutgers University ( ), officially Rutgers, The State University of New Jersey, is a public land-grant research university consisting of three campuses in New Jersey. Chartered in 1766, Rutgers was originally called Queen's College and was aff ...

, and

UNFPA The United Nations Population Fund (UNFPA) is a UN agency aimed at improving reproductive and maternal health worldwide. Its work includes developing national healthcare strategies and protocols, increasing access to birth control, and leadin ...

Benin. From September 2020 to December 2021, Ipas Francophone Africa collaborated with Rutgers to implement the () project to improve the condition of abortion in Benin. Through this project, Ipas worked to change mentalities, wrote a document advocating for safe abortion, trained providers at ABPF's partner clinics, published an evaluation of abortion in Benin, organised a national dialogue on abortion, and drafted a plan for the Ministry of Health.

Prevalence

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%. Abortion is a taboo subject in Benin. There is a strong stigma surrounding abortion based on religious and moral values. The stigma leads women to seek clandestine abortions. Since the 1990s, self-induced abortions have been growing in

, especially among students in high school or university. Complications of unsafe abortion among women, especially adolescents, are a major public health issue. Health authorities consider the rate of unsafe abortions alarming. Unsafe abortions contribute to the country's

rate of 391 per 100,000 births, as of 2021. Before the 2021 law was passed, it was estimated that 200 women per year died of unsafe abortions, of which 20% were adolescents. A 2002 study conducted in four hospitals reported that 14.6% of deaths were caused by unsafe abortions. Among girls aged 15 to 19, 15% of maternal deaths are caused by unsafe abortions, as of 2021. Contraceptive use is rare. As of 2013, only 8% of women in relationships use birth control. This rate is highest in

Cotonou Cotonou (; ) is the largest city in Benin. Its official population count was 679,012 inhabitants in 2012; however, over two million people live in the larger urban area. The urban area continues to expand, notably toward the west. The city lies ...

, at 12%.

Cases

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.

References

{{Benin topics

Law of Benin Healthcare in Benin Women's rights in Benin