HONDURAS-ABORTION-TBs-CCPR

Concluding Observations on Report 3 (2024) (Link)

Voluntary termination of pregnancy and sexual and reproductive rights

17. While the Committee acknowledges the approval of the free distribution and sale of the emergency contraceptive pill, it regrets that access is not yet guaranteed. The Committee is concerned that the State party has not taken any measures to follow up on its previous recommendations (para. 17) and that abortion continues to be classed as an offence punishable by imprisonment, without any exceptions, even when the pregnancy is the result of rape or incest or when there is a risk to the life or health of the pregnant woman or girl. It has been reported that thousands of women seeking abortions have resorted to clandestine services that put their lives and health in danger (arts. 6, 7 and 8).

18. Bearing in mind the Committee’s previous recommendations (para. 17) and paragraph 8 of the Committee’s general comment No. 36 (2018) on the right to life, the State party should:

(a) Amend its legislation to guarantee safe, legal and effective access to abortion where the life and health of the pregnant woman or girl is at risk, or 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 where it is not viable;

(b) Repeal the criminal sanctions applied to women and girls who undergo abortion and to medical service providers who assist them in doing so and, at the same time, adopt measures to prevent women and girls from having to resort to clandestine abortions that could put their lives and health in danger;

(c) Strengthen the provision of sexual and reproductive health services, including: (i) post abortion healthcare in all circumstances, on a confidential basis; (ii) the prompt and free distribution of the emergency contraceptive pill in all regions of the country; and (iii) access to appropriate, quality and affordable contraceptive methods;

(d) Continue to develop and implement comprehensive sexual and reproductive health education programmes for men, women and children throughout the country, with a view inter alia to preventing unwanted pregnancies;

(e) Develop programmes providing comprehensive assistance to women and girls who, owing to the State party’s laws, are forced to carry their pregnancies to term, with a particular focus on: (i) those who have suffered temporary or permanent damage to their physical and mental health or, in the event of their death, their relatives; (ii) those who have large families; (iii) those who are forced to abandon their studies or jobs; and (iv) those who live in poverty or belong to other vulnerable groups.

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Concluding Observations on Report 2 (2017) (Link)

Voluntary termination of pregnancy and reproductive rights

16. While the Committee notes the State party’s efforts to combat maternal mortality in general, it is concerned about the fact that all voluntary terminations of pregnancy are unlawful and incur up to 10 years’ imprisonment, leading to a high death rate from unsafe abortions; the complete ban on emergency contraceptives, including in cases of rape and incest; and the high rate of unwanted pregnancy among adolescents (arts. 3, 6, 7, 17 and 26).

17. The State party should, as a matter of urgency, amend its legislation to help women prevent unwanted pregnancies and to ensure that they do not have to seek clandestine abortions that could endanger their lives and health. In this connection, the State party should ensure access to safe, legal abortions, particularly in cases where the woman’s life or health is in danger and in cases of rape, incest or fetal unviability due to an abnormality, and consider decriminalizing abortion. The State party should lift the ban on the emergency contraceptive pill. It should also keep precise statistics regarding the impact of restrictions on abortion and the emergency contraceptive pill on the life and health of women and girls and increase the number of programmes designed to provide full access to sexual and reproductive health services and contraceptives and raise awareness of sexual and reproductive health among men, women and children throughout the country.

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Concluding Observations on Report 1 (2006) (Link)

8. The Committee expresses its concern at the unduly restrictive legislation on abortion, particularly in cases where the life of the mother is endangered (article 6 of the Covenant).

The State party should amend its legislation so as to help women avoid unwanted pregnancies and ensure that women need not resort to clandestine abortions, which could endanger their lives. The State party should also amend its legislation on abortion in order to bring it into line with the Covenant.

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