VENEZUELA-ABORTION-TBs-CEDAW

Concluding Observations on Report 9 (2023) (Link)

Health

37. The Committee takes note of article 66 of the Act on Women’s Right to a Life Free from Violence, which criminalizes obstetric violence as a form of gender-based violence against women, and the National Plan for Humanized Childbirth. However, it notes with concern:

(a) The criminalization of abortion in cases of rape, incest or severe fetal impairment and women’s limited access to safe abortion and post-abortion services in the country;

38. In line with its previous concluding observations (CEDAW/C/VEN/CO/7-8, para. 31), general recommendation No. 24 (1999) on women and health and targets 3.1 and 3.7 of the Sustainable Development Goals, to reduce global maternal mortality and ensure universal access to sexual and reproductive health-care services, the Committee recommends that the State party:

(a) Amend without delay article 432 of the Criminal Code to legalize abortion at least in cases of rape, incest and severe fetal impairment, and in cases of threats to the life or health of the pregnant woman, decriminalize it in all other cases, and ensure that women and adolescent girls have adequate access to safe abortion and post-abortion services…

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Concluding Observations on Report 7-8 (2014) (Link)

Health

30. The Committee is deeply concerned about:

(a) The high maternal mortality ratio, the measures taken to reduce it notwithstanding;

(b) The high number of teenage pregnancies, many of them resulting in maternal mortality;

(c) Reports that adequate health services, in particular sexual and reproductive health services, cancer treatment and contraceptives, including emergency contraceptives, are not always available and accessible;

(d) The restrictive abortion law forcing women to resort to unsafe abortion, which often damages the health of the pregnant woman and sometimes results in death;

(e) The shortages of antiretroviral treatment for women living with HIV/AIDS and the discrimination faced by them.

31. The Committee urges the State party:

(a) To enhance efforts to reduce maternal mortality by adopting a comprehensive strategy that provides for the effective implementation of the existing protocol on prenatal care and emergency obstetric care, a monitoring mechanism and adequate sexual and reproductive health services, including emergency contraception, antenatal, delivery, postnatal and post-abortion services. To that end, the State party is encouraged to consider the technical guidance of the Office of the United Nations High Commissioner on Human Rights on the application of a human rights-based approach to the implementation of policies and programmes to reduce preventable maternal morbidity and mortality (A/HRC/21/22 and Corr. 1 and 2);

(b) To allocate sufficient financial, human and technical resources to ensure that adequate health services, including those aimed at preventing and treating cancer, are available throughout the State and in particular in rural areas and for indigenous, Afro-descendant and older women and women with disabilities;

(c) To intensify efforts to reduce teenage pregnancies, including by ensuring access to age-appropriate information and education on sexual and reproductive health and rights for girls and boys;

(d) To amend its legislation to decriminalize abortion in cases of rape, incest, risk to the health of the mother and severe foetal impairment, remove punitive measures for women who undergo abortion and ensure the availability of abortion services;

(e) To address the shortages of antiretroviral drugs for women and girls living with HIV/AIDS, ensure that all pregnant women living with HIV/AIDS receive adequate treatment and expedite the adoption of the bill on HIV/AIDS.

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Concluding Observations on Report 4-6 (2006) (Link)

31. While acknowledging the national plan of action on sexual and reproductive health and increased efforts to provide family planning services, the Committee notes with concern the persistent high prevalence of teenage pregnancy. Furthermore, the Committee regrets the lack of detailed information about the causes and consequences of abortion, which is the third leading cause of maternal death in the State party.

32. The Committee recommends that the State party pay special attention to the effective implementation and monitoring of the national plan of action on sexual and reproductive health. The State party should place higher priority on the provision of family planning services, including information on contraceptives and their wide and easy availability in all regions of the country, as well as the provision of sex education, addressing both young women and men. The Committee urges the State party to ensure effective access of women to such information and to sexual and reproductive health services, particularly to young women, women from rural areas, indigenous women and women of African descent. The Committee requests the State party to undertake a survey on the reasons for the high rate of maternal deaths due to abortion and to adopt measures, including legislative and public policy measures, to reduce and eliminate related risks. It invites the State party to include detailed information and data on the incidence, causes and consequences of abortion as well as on the impact of measures taken, disaggregated by age group, in its next periodic report.

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Concluding Observations on Report 3 (1997) (Link)

236. Another area of concern was the reduction in health budgets, the rise in the maternal mortality rate, the lack of and limited access to family-planning programmes (especially for teenagers), the lack of statistics on acquired immunodeficiency syndrome and women’s limited access to public health services. In addition, legislation that criminalized abortion, even in cases of incest or rape, remained in force.

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Concluding Observations on Report 2 (1992) (Link)

443. On article 16, it was stated that up to the present there were no plans to change the minimum ages for marriage. A slight increase in the number of single female-headed households could be noticed. About 44 per cent of them had only primary education and 23 per cent were illiterate. Half of the single female heads of households had no occupation. The current reform of the Penal Code dealt with an amendment of the discriminatory provisions relating to adultery and abortion, and the Civil Code introduced for both spouses adultery as a reason for divorce.

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Concluding Observations on Report 1 (1986) (Link)

281. Some experts sought more information on health services available to women and asked whether pregnant women could benefit from free medical care. Several questions referred to the possibility of legal abortion, to family planning and to the number of deaths per annum as a result of illegal abortion. One expert inquired about the protective measures for pregnant women and asked whether self-employed women could take advantage of the maternity benefits. Another member inquired about maternal and child welfare programmes in the country.

306. Family planning programmes were in operation since 1962 and since 1974 were an official programme of the Government. One of the main objectives of the programme was to contribute to the reduction of illegal abortions and to diminish maternal and infant mortality, among others. It also sought to promote responsible parenthood and sexual education. Sterilization of both men and women was allowed. For a woman, however, authorization was required from her husband.

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