Revision of Ethiopian law promotes women's reproductive rights

Legal reforms will save the lives of thousands of Ethiopian women and girls.

Photo taken by Peter Barker, Panos Pictures.

After extensive public input to align a decades-old penal code with a new democratic constitution, lawmakers in Ethiopia recently approved a number of legal reforms aimed at promoting women's reproductive health and rights. Key provisions include removal of penalties for terminating pregnancies that result from rape or incest or that threaten the woman's life or health. In addition, abortion will no longer be penalized if the woman has physical or mental disabilities or is physically or mentally unprepared to raise a child because of her young age.

"Lawmakers' enlightened actions show that they understand the tremendous, tragic toll that unsafe abortion takes in Ethiopia, especially on young, poor women," said Saba Kidanemariam, Ipas Country Director in Ethiopia. "Ipas and other women's health advocates are confident that this reform will save the lives of thousands of women and girls."

Ipas has worked with local partners in Ethiopia for about a decade to reduce maternal mortality and morbidity resulting from unsafe abortion, which, according to government reports, is the fifth-leading cause of hospital admissions and second-leading cause of deaths among hospitalized women.

In October, Ipas and the Walta Information Center jointly organized a panel discussion in Addis Ababa on reproductive-health and -rights aspects of the penal code revision. Members of government committees that had a role in reviewing the penal code explained the process, the rationale for recommended changes and the expected impact. They emphasized that the new code aligns not only with Ethiopia’s new democratic constitution, approved in 1995, but also with international conventions which the country supports.

For example, in line with the Convention on the Elimination of All Forms of Discrimination Against Women, which Ethiopia ratified in 1981, the new code establishes punishments for the trafficking of women and children, rape, sexual abuse by family members, female circumcision and abduction for the purpose of marriage. It also outlines conditions in which abortion is not subject to punishment. These include:

• If the pregnancy results from rape or incest
• If continuation of the pregnancy, including the birth of a child, would pose a danger to the life or health of the woman
• In cases of untreatable fetal abnormality
• If the pregnant women has mental or physical disabilities or because of her age is physically or mentally unprepared to raise a child.

This last provision reflects lawmakers' recognition that unsafe abortion poses a particular danger to Ethiopian adolescents, according to Saba.

In addition, the revised code stipulates that the woman’s word is all that is needed to justify pregnancy termination in cases of rape and incest. In many countries, requirements that women provide physical proof or prosecute their rapists hinder women from obtaining safe, timely abortion. The new code also notes that courts can decide not to penalize a woman when the pregnancy is terminated because of extreme poverty.

“This is such an important step forward, not only for Ethiopian women but also for families and communities, who also suffer from unsafe abortion,” said Saba. “On the African continent, only South Africa and a few other countries have adopted more progressive policies in response to this public-health crisis.”

The revised penal code is scheduled to go into effect in May 2005, by which time the Ethiopian Ministry of Health is charged with developing guidelines for termination of pregnancy. Ipas expects to continue its longstanding collaboration with the Ethiopian Society of Obstetrics and Gynecology, the Ethiopian Women Lawyers Association and other governmental and nongovernmental organizations to ensure that the new guidelines are evidence-based and woman-centered.

For more information, contact:
Kirsten Sherk
Senior Associate, Media Relations
e-mail: sherkk@ipas.org
phone: 919.960.5612
fax: 919.929.0258