Abortion in the Comoros

In the Comoros, abortion is illegal unless medically necessary. An abortion typically must be approved by two doctors. People who receive or conduct abortions may be punished with fines or imprisonment. The country's abortion law, based on French abortion law, only allowed abortion in the case of risk to life before a 1982 amendment. Intimate partner violence is a factor associated with abortions. Some women who get pregnant from sexual assault and cannot access abortions commit infanticide.

Legislation

Article 304 of the penal code of the Comoros bans abortion:

Quiconque, par aliments, breuvages, médicaments, manœuvres, violences ou par tout autre moyens aura procuré ou tenté de procurer l'avortement d'une femme enceinte, ou supposée enceinte qu'elle y ait consenti ou non , sera puni d'un emprisonnement d'un à cinq ans et d'une amende de 15.000 à 100.000 francs.

Anyone who uses foods, beverages, medications, operations, violence, or any other means to procure or attempt an abortion on a pregnant or supposed pregnant woman, whether or not she has consented, will be punished by a prison sentence of one to five years and a fine of 15,000 to 100,000 francs.

Women who receive illegal abortions may be punished. The only legal grounds for abortion are "very serious medical reasons, noted in writing by at least two doctors". The requirement for two doctors' approval may be waived if only one doctor is available. The law does not set a gestational limit.

The original abortion law of the Comoros was based on that of France, only permitting abortion on the ground of risk to life. The wording of the 1939 amendment to France's abortion law remains in the Comoros' law. The penal code adopted in 1982 added the ground for "serious medical reasons". The Comoros was one of the first ten countries to sign the Maputo Protocol, which includes a right to abortion.

Prevalence

In 2015–2019, the rate of unintended pregnancies was 95 per 1,000 women of reproductive age. During this period, there were 6,100 abortions per year, a rate of 31 per 1,000 women. The abortion rate had remained constant since 1990–1994, while the rate of unintended pregnancies had decreased by 35%.

According to a 2021 study, women in the Comoros who have experienced intimate partner violence are more likely to have abortions. The lack of legal abortion and the high rates of sexual assault are factors that lead women to commit infanticide. Cases of infanticide are commonly reported in the country.