EQUATORIAL GUINEA-ABORTION-TBs-CCPR

Concluding Observations in the absence of a report (2019) (Link)

Voluntary termination of pregnancy and reproductive rights

32. The Committee notes the State party’s explanation that articles 411 et seq. of the Criminal Code, which criminalize voluntary termination of pregnancy, are not applied, but it is concerned that those provisions remain in force and could be applied in the future. The Committee notes that termination of pregnancy is currently permitted in cases of rape and threat to the mother’s life, subject to spousal consent, and remains concerned that the restrictions in force could oblige women and girls wanting to undergo an abortion to do so under risky conditions that endanger their life and health. The Committee is concerned about the high rates of adolescent pregnancy and about the reports received of a lack of appropriate reproductive health services and very poor sexuality education. It is also concerned that, despite the major improvements achieved, maternal mortality remains very high, in particular in rural areas (arts. 2, 3, 6, 7, 17 and 26).

33. The State party should:

(a) Amend its legislation to guarantee safe, legal and effective access to the voluntary termination of pregnancy when the life or health of the pregnant woman or girl is at risk or when carrying the pregnancy to term could cause the pregnant woman or girl substantial harm or suffering, especially in cases where the pregnancy is the result of rape or incest or when it is not viable;

(b) Ensure that women and girls who have recourse to abortion and the doctors who attend to them are not subject to criminal penalties, given that the existence of such penalties obliges women and girls to resort to unsafe abortions;

(c) Ensure full access to sexual and reproductive health services and comprehensive sexuality education for men, women, boys and girls throughout the country, including in rural and remote areas.

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Concluding Observations in the absence of a report (2003) (Link)

9. The Committee expresses concern that legal restrictions on the availability of family planning services give rise to high rates of pregnancy and illegal abortion, which are one of the principal causes of maternal mortality.

The State party should do away with the legal restrictions on family planning so as to reduce maternal mortality (articles 23, 24 and 6 of the Covenant).

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