ESWATINI-ABORTION-TBs-CCPR

Concluding Observations in the absence of a report (2017) (Link)

Voluntary termination of pregnancy, maternal mortality and reproductive rights

28. The Committee is concerned at the significant increase in the maternal mortality rate and the high rate of maternal mortality resulting from unsafe abortions. The Committee is also concerned about the lack of clarity regarding the circumstances in which voluntary termination of pregnancy is legally available, and that the State party has not yet adopted the legislation as provided under article 15 of the Constitution. The Committee is further concerned about reports that cumbersome procedural requirements, including requirements of court orders, and refusal to perform abortion on grounds of conscientious objection, have obstructed access to women or girls seeking lawful abortions. It is also concerned by the high teenage pregnancy rate (arts. 3, 6 and 17).

29. The State party should:

(a) Adopt the legislation provided in article 15 of the Constitution and eliminate legal and procedural obstacles impeding access to voluntary termination of pregnancy to ensure that women are not prompted to resort to clandestine abortions that put their lives and health at risk;

(b) Adopt clear protocols for service providers to ensure meaningful access to legal abortion;

(c) Ensure access for men, women, boys and girls to comprehensive reproductive health education and services throughout the country, particularly in rural areas, including access to affordable contraceptives, and increase awareness- raising programmes on the importance of using contraceptives and on sexual and reproductive rights and choices;

(d) Collect disaggregated data on maternal mortality, including risks to women resulting from unsafe abortions.

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