More than a year after the vote on the law authorizing abortion in Benin, the government has just specified the conditions for its implementation by issuing an implementing decree.
The decree adopted by the Council of Ministers on April 12 sets the conditions to be respected by health professionals as well as applicants for voluntary termination of pregnancy (IVG).
“Under the terms of this decree, abortion can only be performed by a duly authorized doctor, midwife or nurse and in public or private health facilities. The latter must have a specific approval issued by the Minister of Health”, indicates the communiqué of the Council of Ministers.
Also, health facilities should “meet the required technical conditions, provide psychological and social care for the patient before and after the operation”.
Professional secrecy and conscience clause
It should also be noted that the decree requires professional secrecy for all professionals involved in the performance of legal abortion. But at the same time, the conscience clause is allowed to those “to those whose religious or philosophical convictions prevent them from taking part”.
Finally, the particular risks associated with any abortion must be explained to the patient and her free, informed and renewed consent must be required.
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Under what circumstances can an abortion be requested?
According the modification made in October 2021 reproductive health law, “at the request of the pregnant woman, voluntary termination of pregnancy may be authorized when the pregnancy is likely to aggravate or cause a situation of material, educational, professional or moral distress incompatible with the interest of the woman and /or the unborn child”.
However, after 12 weeks of pregnancy, abortion is no longer allowed.