VENEZUELA-ABORTION-TBs-CCPR

Concluding Observations on Report 5 (2023) (Link)

Voluntary termination of pregnancy and reproductive rights

21. The Committee echoes the concerns of the Committee on the Elimination of Discrimination against Women regarding the criminalization of access to the voluntary termination of pregnancy in cases of rape, incest or severe fetal impairment and women’s limited access to safe abortion and post-abortion services in the country. Also of concern is the high maternal mortality rate and the lack of statistics on clandestine abortions, teenage pregnancies and maternal mortality. The Committee takes note with concern of reports that coerced sterilizations continue to take place under the National Surgical Plan (arts. 6, 7 and 8).

22. In the light of paragraph 8 of the Committee’s general comment No. 36 (2018) on the right to life, the State party should:

(a) Review its legislation with a view to guaranteeing safe, legal and effective access to abortion where the life or 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 the pregnancy is not viable;

(b) Immediately put an end to the practice, and investigate allegations, of coerced sterilization and require a woman’s free, prior and informed consent to any medical intervention affecting their sexual and reproductive health and rights;

(c) Increase its efforts to prevent unwanted pregnancies, especially among adolescents, and to reduce maternal mortality.

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Concluding Observations on Report 4 (2015) (Link)

Voluntary termination of pregnancy

10. The Committee welcomes the State party’s statement that the criminal provisions concerning abortion are not applied in practice. Nevertheless, it notes with concern that voluntary termination of pregnancy, except when it is essential in order to save a woman’s life, is still an offence under the Criminal Code, which leads pregnant women to seek clandestine abortions that endanger their lives and health (arts. 3, 6 and 7).

In the light of its previous concluding observations (CCPR/CO/71/VEN, para. 19), the Committee recommends that the State party amend its legislation to establish exceptions to the general prohibition of non-therapeutic abortions and see to it that women do not resort to clandestine abortions under unsatisfactory conditions that may endanger their lives and health. It further recommends that the State party take the necessary steps to ensure the provision of appropriate sexual and reproductive health services.

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Concluding Observations on Report 3 (2001) (Link)

19. The criminalization of all non-therapeutic abortion poses serious problems, particularly in the light of unchallenged reports that many women are undergoing life-threatening illegal abortions. The legal duty imposed on health workers to report cases where women have undergone abortions may deter women from seeking medical treatment, thereby endangering their lives.

The State party must adopt the necessary measures to guarantee the right to life (article 6) for pregnant women who decide to terminate their pregnancies, including amending the law to create exceptions to the general prohibition of all non-therapeutic abortion. The State party should protect the confidential nature of medical information.

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Concluding Observations on Report 2 (1992) (Link)

[no mention]

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Concluding Observations on Report 1 (1980) (Link)

[no mention]

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