Abortion in Tanzania
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Abortion is illegal in Tanzania except to preserve the life of the mother. Under the Tanzanian penal code, health practitioners who perform illegal abortions may receive sentences of up to 14 years in prison, while those who procure abortions for themselves may be sentenced to up to seven years in prison.
It is estimated that there were 405,000 induced abortions in Tanzania in 2013. Due to fears of prosecution, women procure abortions clandestinely, often in conditions that are unsafe. Tanzania has one of the highest maternal mortality ratios in the world, with unsafe abortions being one of the leading causes of maternal death. The availability of the medication misoprostol has led to increased access to safe abortion.
While Tanzania is a signatory to the Maputo Protocol, it has not adopted legislation that would allow abortion in cases of pregnancy from rape, incest, or risk of harm to the mental and physical health of the mother. A Safe Motherhood Bill that would have aligned Tanzanian law with the Maputo Protocol was rejected by the National Assembly in 2012.
Penal code
Tanzania has one of the most restrictive abortion laws in the world, with abortion only allowed to save the life of the mother. People convicted of performing abortions can be imprisoned for up to 14 years, while women convicted of procuring an abortion can be imprisoned for up to seven years. Other parties involved in an illegal abortion, such as those who supply medications or instruments, may be imprisoned for up to three years.[1]
Tanzania's abortion laws originated with legal codes imposed during British colonial rule. In mainland Tanzania, Articles 150 to 152 of the penal code prohibit unlawful abortion, while Article 230 permits abortion to preserve the life of the mother. Chapter XV of the country's penal code regards abortion as an "offense against morality"[1] and Article 219 additionally prohibits "child destruction", meaning abortion after fetal viability, presumed at 28 weeks of pregnancy, unless it is done to preserve the life of the mother.[2] In Zanzibar, the penal act has equivalent articles 129 to 131, 213 and 200.[3]
The right to abortion due to risk to the health of the mother is not explicitly mentioned in Tanzanian law. The judicial decision in the 1938 British court case Rex v Bourne was affirmed by the East African Court of Appeal, which had jurisdiction over Tanganyika Territory, Tanzania's colonial predecessor. The decision interpreted preserving a woman's life as preserving both her physical and mental health. Sources state that the affirmation of this decision remains binding after independence.[4]
The penal code does not specify the type of healthcare provider who determines eligibility for abortions or require consultation with other healthcare professionals. Therefore, mid-level workers such as midwives may perform abortions without being required to consult others.[5]
International treaties and instruments
Tanzania is a signatory to the Convention on the Elimination of All Forms of Discrimination Against Women and the African Charter on Human and Peoples' Rights.[1] In 2007, Tanzania ratified the Maputo Protocol, which requires the government to "protect the reproductive rights of women by authorising medical abortion in cases of sexual assault, rape, [and] incest, and where the continued pregnancy endangers the mental and physical health of the [pregnant woman] or the life of the [pregnant woman] or the foetus." Despite ratification, provisions beyond those for preserving the life of the mother have not been incorporated into national law.[5]