GAMBIA-ABORTION-TBs-CCPR

Concluding Observations in the absence of a report (2018) (Link)

Voluntary termination of pregnancy

17. The Committee is concerned that the voluntary termination of pregnancy is an offence under the Criminal Code except when the life of the pregnant woman is at risk, which reportedly leads women to seek clandestine abortions and results in high maternal mortality. It is also concerned at the high maternal mortality rates owing to post-abortion complications and the reduced resources allocated to the sexual and reproductive health sector. The Committee is further concerned at the high rate of unintended pregnancy, particularly among adolescents, owing to limited access to sexual and reproductive health information and services, including contraceptives (arts. 2, 3, 6, 7, 17, 24 and 26).

18. The State party should:

(a) Revise its legislation to provide safe, legal and effective access to abortion where the health of the pregnant woman or girl is at risk and where carrying a pregnancy to term would cause the pregnant woman or girl substantial pain or suffering, most notably where the pregnancy is the result of rape or incest or is not viable, and ensure that criminal sanctions are not applied against women and girls undergoing abortion or against medical service providers assisting them in doing so, since taking such measures compels women and girls to resort to unsafe abortion;

(b) Ensure the availability of, and effective access to, quality prenatal and post-abortion health care for women and girls, in all circumstances and on a confidential basis;

(c) Ensure access for women and men and, especially, girls and boys to quality and evidence-based information and education about sexual and reproductive health and to a wide range of affordable contraceptive methods;

(d) Prevent the stigmatization of women and girls seeking abortion;

(e) Allocate a sufficient level of resources to the sexual and reproductive health sector.

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Concluding Observations in the absence of a report (2002) (Link)

17. The Committee is concerned that the criminalization of abortion, even when pregnancy threatens the life of the mother or results from rape, leads to unsafe abortions, which contributes to a high rate of maternal mortality. The Committee regrets the absence of information from the State party on the provision of health services to women, especially in relation to reproductive health and family planning.

The State party recommends that the law be amended so as to introduce exceptions to the general prohibition of abortions.

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Concluding Observations on Report 1 (1984) (Link)

327. … It was asked, in this connection, whether abortion was legal in the Gambia.

348. … Abortion was prohibited in the Gambia except in cases where it was necessary in order to save the life of the mother.

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