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Abortion in Mauritius

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In Mauritius, abortion is only legal in the cases of risk to life, risk to physical or mental health, risk of fetal impairment, pregnancy from rape, or pregnancy of a minor. Legal abortions must be approved by three physicians or by a police report, and they must be approved by an adult if performed on a minor. Illegal abortions are punishable by fines or prison.

During the colonial era, Mauritius inherited France's abortion ban. An complete ban on abortion in the 1838 penal code was in effect until the 21st century. In the 2000s, illegal abortions were frequent, but legislative debate was rare due to religious opposition to abortion. In 2012, Yatin Varma proposed an amendment legalizing abortion in certain cases, which passed with multipartisan support. International organizations and some religious leaders supported the bill, while other religious leaders opposed it. Organizations such as Muvman Liberation Fam and the Mauritius Family Planning and Welfare Association have supported legal abortion.

Abortion is a taboo subject in Mauritius. The abortion rate is about 10,000 to 15,000 per year, few of which are legally recorded. Abortions are frequent among adolescents and unmarried women, and are often motivated by birth control failure. The most common legal abortion method is medical abortion using Cytotec. Illegal abortions commonly use drugs or home remedies. The country has a lower rate of post-abortion care than others in Africa.

Legislation

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Section 235 of the Criminal Code of Mauritius says:

(1) Any person who, by any food, drink, medicine, or by violence, or by any other means, procures the miscarriage of any woman quick with child, or supplies the means of procuring such miscarriage, whether the woman consents or not, shall be punished by penal servitude for a term not exceeding 10 years.
(2) The like punishment shall be pronounced against any woman who procures her own miscarriage, or who consents to make use of the means pointed out or administered to her with that intent, if such miscarriage ensues.
(3) Any physician, surgeon, or pharmacist who points out, facilitates or administers the means of miscarriage shall, where miscarriage has ensued, be liable, on conviction, to penal servitude.[1]

The Criminal Code permits abortion if the pregnancy threatens the life or physical or mental health of the mother. It permits abortion up to a gestational age of fourteen weeks if the pregnancy resulted from rape or from sex with a girl under 16. An amendment to Section 235 criminalizes false claims of these grounds, with a sentence of ten years. Abortions must be approved by three specialist physicians, including one OB/GYN, or be backed by a police report in the case of rape. Abortions for people under 18 must be approved by an adult. Conscientious objection is allowed.[1] The Ministry of Health has authorized five regional hospitals and several private hospitals to provide abortions, as of 2022.[2] The number of convictions for illegal abortions was 0 in 2021 and 3 in 2022.[3]

Mauritius is a signatory of the Maputo Protocol, but is not bound to Article 14(2), which describes a right to abortion in the cases of rape or incest. The country's law does not meet this article since it does not provide a right to abortion without a police report.[4]

History

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In July 1778, the highest court of Mauritius affirmed the ban on abortion in France, which made the offense punishable by death, "in the interest of laws of religion and of the state."[5]: 124  During this era, abortion was common among enslaved women, and Malagasy slaves were frequently accused of it.[6]: 139  In 1838, the country's penal code added an abortion ban adapted from that of France.[7][8]

A 1994 motion to the National Assembly to legalize abortion failed due to opposition by religious leaders.[9] The same year, the International Planned Parenthood Federation and the Mauritius Family Planning and Welfare Association (MFPWA) led a conference in Mauritius about unsafe abortion in Africa. The 21 national delegations signed the Mauritius Declaration, agreeing to combat unsafe abortion, increase access to family planning, ensure emergency post-abortion treatment, provide post-abortion counseling, and remove laws limiting safe abortion. At the conference, Minister of Health Régis Finette voiced his pro-life views, which was protested by women's rights groups.[10] In 2004, the rate of abortions in Mauritius was equal to the rate of live births, which influenced reform efforts.[11] Mauritius was one of the first ten countries to sign the Maputo Protocol.[12]

The Ministry of Health reported in 2007, "In Mauritius, abortion for social or personal reasons is illegal as stipulated in the law of 1838 except in cases where the mother’s life is in danger. In order for the woman to procure the abortion, it has to be approved by the Supreme Court. The process is so long that there is no reported case where this has ever been accomplished. This law has never been reviewed, but there are reports that abortion is an issue in Mauritius."[13] Under the ban, some Mauritian women traveled to receive legal abortions in Réunion. Abortions in Réunion were safe, but providers charged higher prices for Mauritians, which many could not afford.[7] The 2009 Contraceptive Prevalence Survey found that Mauritius had between 15,000 and 20,000 abortions per year.[14]

Women's rights groups were divided about legalization of abortion. The government had never debated it, partly due to the prevalence of anti-abortion views by Catholics and by Muslims. The Common Front on Abortion formed after the 2009 case of Marie-Noelle Derby, a reporter who died from an abortion. The association demanded the suspension of the abortion ban. It included MFPWA, Muvman Liberasyon Fam (MLF), and Women in Networking; it was supported by organizations including SOS Femmes and Genderlinks.[15] After the death of Marie Sharonne Marla in the same year, the Common Front on Abortion argued that, if the term "quick with child" referred to quickening, which occurs at 20 weeks of pregnancy, the law would permit earlier abortions.[9]

2012 amendment

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The Criminal Code amendment permitting abortion in certain cases was enacted in October 2012.[16] The Mauritius Times wrote that this law had been "dormant for nearly two centuries".[17] At the time, it was estimated that the country had thousands of illegal abortions annually.[17] The advocacy of a Mauritian member of the Convention on the Elimination of All Forms of Discrimination against Women Committee influenced the reform.[18]

Attorney General Yatin Varma proposed the Criminal Code (Amendment) Bill, saying he supported freedom of choice. Leader of the Opposition Paul Bérenger supported the bill and called a special session to debate it.[19] On 20 May, 400 anti-abortion protestors assembled in front of the National Assembly, which was debating the bill.[9] Political parties did not take stances on the amendment, and the vote was not split along party lines. The amendment passed 50 to 14.[17]

The Catholic Bishop of Port-Louis, Maurice Piat; the Anglican Bishop of the Indian Ocean, Ian Ernest; and the Vicar of Rodrigues, Alain Harel [fr], wrote to the parliament opposing the legalization of abortion unless the pregnancy risks death.[20][19] The Piat affirmed the Catholic Church's views on abortion and the principle of double effect.[21] The religious coalition Platform for Life, which included Catholic, Anglican, Muslim, Buddhist leaders, was formed to oppose the bill.[15] Some members of the Catholic Church considered a hunger strike to oppose the law.[22] The United Nations, Amnesty International, and religious groups including the country's Council of Religions supported the law.[9][23]

When the law was passed, Varma said, "This is a historic day for the country." MLF said, "We've been waiting for this law for years. But the state must completely decriminalize abortion." The anti-abortion group Mouvement d’Aide à la Maternité said, "We will always defend the right to life. It is up the soul and conscience of every member of parliament to vote."[24] Minister of Health Lormus Budhoo announced that five hospitals met the requirements to be abortion providers.[25]

Post-2012

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In 2018, MP Kavy Ramano [fr] said that abortion should be decriminalized.[16][26] MLF founder and writer Lindsey Collen and MFPWA president Vidya Charan have argued that the grounds for legal abortion are too restrictive. Collen said in 2019 that attitudes had shifted, saying, "Society does not blame women who have abortions anymore."[27] The group L’Action Familiale has opposed legal abortion.[16]

Lack of access to abortion has led women in Mauritius to commit infanticide. One such case on 3 January 2022 led to protests against the abortion ban.[28] The same year, gynecologist Arvind Ramgulam had his license revoked for performing abortions, prompting debate about the ban.[29]

The Ministry of Health developed a sexual and reproductive health plan in 2022, which addressed abortion. In 2023, it began the first study on illegal abortion in Mauritius.[3]

Prevalence

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In 2013, MLF and MFPWA estimated that the country's abortion rate was between 10,000 and 15,000 per year. This was much higher than the Ministry of Health's official abortion statistics, which ranged between 3 and 14 in the previous three years. The annual incidences of abortion complications were over 400.[16] In 2018, the United Nations reported a "high number of pregnancies among adolescents and non-medical abortions".[2] Most women who receive abortions are aged 16 to 23 and are unmarried. The most common reason is failure of birth control.[3] Abortion is a taboo subject in the country. Abortion-rights activists have pushed for increased discussion of the subject.[30]

The most common abortion method prescribed by doctors is Cytotec.[16] Illegal abortions may be induced with drugs or with home remedies that induce vaginal contractions.[3] Abortions using traditional remedies often result in complications requiring medical care, often among minors.[26] The rate of treatment of post-abortion complications is 3–4 per 1,000 women, lower than many African countries.[18]

References

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  1. ^ a b "Country Profile: Mauritius". Global Abortion Policies Database. World Health Organization. 22 April 2020. Retrieved 24 November 2024.
  2. ^ a b "Zone sud de l'océan Indien : un accès à l'avortement (dangereusement) limité" [Southern Indian Ocean Region: Access to abortion is (dangerously) limited]. Imaz Press Réunion (in French). 16 June 2022. Retrieved 16 November 2024.
  3. ^ a b c d St Cyr, Jean-Marie; Toorab, Reshad (3 September 2023). "Avortement : un choix aux multiples conséquences" [Abortion: A choice with several consequences]. Le Défi Media Group (in French). Retrieved 24 November 2024.
  4. ^ "The Maputo Protocol turns 18 today. But what does this mean for women and girls in Africa?". Equality Now. 11 July 2021. Retrieved 24 November 2024.
  5. ^ Vaughan, Megan (2005). Creating the Creole Island: Slavery in Eighteenth-Century Mauritius. Duke University Press. ISBN 9780822386919. Project MUSE 70030.
  6. ^ Vaughan, Megan (2005). Creating the Creole Island: Slavery in Eighteenth-Century Mauritius. Duke University Press. ISBN 9780822386919. Project MUSE 70030.
  7. ^ a b Hope, Bétrice (30 May 2009). "Des Mauriciennes se rendent à l'île de la Réunion pour se faire avorter" [Mauritians go to the island of Réunion to have abortions]. L'Express (in French). Retrieved 24 November 2024.
  8. ^ Cook, Rebecca J.; Dickens, Bernard M. (1981). "Abortion Laws in African Commonwealth Countries". Journal of African Law. 25 (2): 60–79. doi:10.1017/S0021855300012559. ISSN 0021-8553. JSTOR 745208. PMID 12288246.
  9. ^ a b c d Mahadew, Roopananad Amar (June 2015). "Mauritius Decriminalizes Abortion in Certain Circumstances - Lessons from the Travaux Preparatoires". Statute Law Review. 36 (2): 160–174. doi:10.1093/slr/hmv005 – via HeinOnline.
  10. ^ Senanayake, Pramilla (April 1994). "Ending unsafe abortions". The Lancet. 343 (8904): 1031. doi:10.1016/S0140-6736(94)90146-5.
  11. ^ Brookman-Amissah, Eunice; Moyo, Josephine Banda (2004). "Abortion Law Reform in Sub-Saharan Africa: No Turning Back". Reproductive Health Matters. 12 (24): 227–234. doi:10.1016/S0968-8080(04)24026-5. ISSN 0968-8080. JSTOR 3776136. PMID 15938178.
  12. ^ Hessini, Leila (2005). "Global Progress in Abortion Advocacy and Policy: An Assessment of the Decade since ICPD". Reproductive Health Matters. 13 (25): 92. doi:10.1016/S0968-8080(05)25168-6. ISSN 0968-8080. JSTOR 3776232. PMID 16035601.
  13. ^ Organization, World Health (2011). Barriers to accessing safe abortion services (Report). World Health Organization. pp. 7–9.
  14. ^ Hope, Béatrice (10 April 2009). "Entre 15 000 et 20 000 cas d'avortements enregistrés à Maurice annuellement" [Between 15,000 and 20,000 abortions recorded in Mauritius annually]. L'Express (in French). Retrieved 24 November 2024.
  15. ^ a b Ramtohul, Ramola (2018). The Mauritian Paradox: Fifty years of Development, Diversity and Democracy. University of Mauritius Press. p. 147. ISBN 9789990373509. Project MUSE 59444.
  16. ^ a b c d e St Cyr, Jean-Marie (24 May 2018). "Avortement : entre 10 000 et 15 000 cas chaque année à Maurice". Défi Santé. Le Défi Media Group. Retrieved 24 November 2024.
  17. ^ a b c "Abortion Debates". Mauritius Times. 15 June 2012. Retrieved 24 November 2024.
  18. ^ a b Bankole, Akinrinola; Remez, Lisa; Owolabi, Onikepe; Philbin, Jesse; Williams, Patrice (31 December 2020). From Unsafe to Safe Abortion in Sub-Saharan Africa: Slow but Steady Progress (Report). Guttmacher Institute. doi:10.1363/2020.32446.
  19. ^ a b "Les évêques toujours contre l'avortement dans les cas d'inceste et de viol, révèle Bérenger". L'Express. 26 May 2012. Retrieved 24 November 2024.
  20. ^ Laurent, Thierry (20 May 2012). "Mgr Maurice Piat et Mgr Ian Ernest demandent aux députés de pas dépénaliser l'avortement". L'Express. Retrieved 24 November 2024.
  21. ^ Prosper, Lindsay (28 May 2012). "Loi sur l'avortement : Mgr Maurice Piat en faveur du principe de « double effet »" [Abortion law: Mgr Maurice Piat in favor of the principle of "double effect"]. L'Express (in French). Retrieved 24 November 2024.
  22. ^ Laurent, Thierry (5 June 2012). "Le père Labour : « L'Eglise contre toute grève de la faim pour contester l'avortement »". L'Express. Retrieved 24 November 2024.
  23. ^ Laurent, Thierry (9 May 2012). "Le conseil des religions en faveur de l'avortement dans des circonstances spécifiques" [Council of Religions in support of abortion in certain circumstances]. L'Express (in French). Retrieved 24 November 2024.
  24. ^ "L'avortement autorisé dans des cas spécifiques jusqu'à la 14 ème semaine de grossesse". L'Express. 5 May 2012. Retrieved 24 November 2024.
  25. ^ "L'interruption volontaire de grossesse effective à Maurice" [Induced abortion in effect in Mauritius] (in French). 15 October 2022.
  26. ^ a b "Loi: l'avortement doit-il être totalement dépénalisé ?" [Law: Should abortion be completely decriminalized?]. L'Express (in French). 30 October 2022. Retrieved 24 November 2024.
  27. ^ Luckoo, Priya (4 March 2019). "Sept ans après la dépénalisation: la loi étant limitative, l'avortement clandestin se poursuit" [Seven years since decriminalization: The law is restrictive, clandestine abortion continues]. L'Express (in French). Retrieved 24 November 2024.
  28. ^ Floch, Fabrice (16 May 2024). "Maurice : une mère accouche et abandonne son bébé dans les toilettes de l'hôpital" [Mauritius: Mother gives birth and abandons her baby in a hospital restroom]. France Info (in French). Retrieved 24 November 2024.
  29. ^ Sowamber, Christopher; Valère Cicéron, Mélanie (26 October 2022). "Avortement : décriminaliser pour mieux protéger ?". Le Défi Media Group. Retrieved 24 November 2024.
  30. ^ Mohit-Saroar, Adila (16 August 2023). "Sondage sur l'avortement : lever le voile sur une réalité taboue". Le Défi Media Group. Retrieved 24 November 2024.
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