BOLIVIA-ABORTION-TBs-CCPR

Concluding Observations on Report 4 (2022) (Link)

Voluntary termination of pregnancy and reproductive rights

16. The Committee welcomes Judgment No. 0206/2014 of 5 February 2014 of the Constitutional Court, in which the Court declared unconstitutional the requirement to obtain prior judicial authorization in order to undergo a legal abortion when the pregnancy results from rape, incest or statutory rape or when there is a risk to the life or health of the mother. Nevertheless, the Committee is concerned at reports of the barriers women face in practice when trying to obtain a legal abortion, including conscientious objection on the part of medical staff and breaches of doctor-patient confidentiality. It is also concerned by allegations that some 200 women are being prosecuted for the offence of abortion after being reported by health-care professionals. In this context, the Committee is concerned by reports that the barriers women face in accessing legal abortions and the criminalization of abortion other than in the aforementioned situations lead women to seek out clandestine abortion services that endanger their lives and health. It is also concerned that teenage pregnancy rates remain high despite the preventive measures taken by the State party (arts. 2–3, 6–7, 17 and 24).

17. The State party should:

(a) Redouble its efforts to ensure effective and timely access to legal abortions for women and girls and review the regulatory framework in order to ensure that it does not lead women to resort to clandestine abortions that endanger their lives and health;

(b) Ensure that conscientious objection does not, in practice, constitute a barrier to safe and timely legal abortions and that doctor-patient confidentiality is respected;

(c) Step up its efforts to prevent unwanted pregnancies, especially among adolescent girls, and to ensure full access to appropriate sexual and reproductive health services countrywide, particularly in rural areas;

(d) Redouble its efforts to raise awareness of and provide education on sexual and reproductive rights.

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Concluding Observations on Report 3 (2013) (Link)

9. The Committee wishes to express its concern about the fact that prior court authorization is needed in order for therapeutic abortions and abortions following rape, statutory rape or incest not to be punishable offences. It is also concerned by reports according to which only six legal abortions have been authorized by the courts in the State party. The Committee is concerned by reports which indicate that a large percentage of maternal deaths are due to unsafe abortions and that an alarming number of criminal investigations of women suspected of having had illegal abortions are being conducted. The Committee also finds the high rate of teen pregnancies to be regrettable (arts. 2, 3, 6 and 26).

The Committee recommends that the State party:

(a) Lift the requirement for prior court authorization for therapeutic abortions and abortions following rape, statutory rape or incest in order to effectively guarantee access to legal, safe abortions;

(b) Refrain from prosecuting women who have had an illegal abortion because of the difficulties involved in obtaining the required prior court authorization; and

(c) Ensure the effective implementation of current national health plans and programmes for educating people and raising their awareness about the importance of using contraceptives and about their sexual and reproductive health rights and ensure their implementation at the formal (schools and universities) and informal (mass media) levels.

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Concluding Observations on Report 2 (1997) (Link)

22. The Committee expresses its concern about the very high level of maternal mortality referred to in the report, much of which arises as a result of illegal abortion. In this regard, it regrets that the State party could not provide information about the effect of laws that criminalize abortion on this high level of deaths.

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Concluding Observations on Report 1 (1989) (Link)

414. …Details were further requested about legislative measures concerning abortion, which seemed to be quite widespread in Bolivia.

436. …Abortion was prohibited in Bolivia, apart from exceptional cases authorized by law.

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