Abortion in Benin: the expanded law of 2021 remains poorly understood

Law No. 2021-12, enacted on December 20, 2021, does not allow for unrestricted abortion. It modified the 2003 framework, which already permitted the procedure when the pregnancy endangered the life or health of the woman, when it resulted from rape or incest, or when a serious condition affected the unborn child.

The new text added another condition at the request of the pregnant woman when the pregnancy is likely to worsen or cause a situation of material, educational, professional, or moral distress incompatible with her interests or those of the unborn child. For this reason, the law sets a limit of twelve weeks of amenorrhea.

Decree No. 2023-151, issued on April 19, 2023, subsequently clarified the conditions for care. Abortion can only be performed by a licensed physician, midwife, or nurse in a public or private health facility with the required accreditation. The text also provides for psychological and social support, professional confidentiality, and free, informed, and renewed consent.

This framework does not permit self-medication or services offered outside the healthcare system. During the 2021 reform, the government justified the expansion of the law by the consequences of clandestine and unsafe abortions, which still exposed women to serious complications and death.

In Grand-Popo, discussions on September 9 and 10 focused on how to make these rules understandable beyond specialists. The challenges mentioned during the workshop also include cost, family pressure, limited access to qualified facilities, and variable quality of care.

Law No. 2021-12 is included in the WHO’s health legislation database, and Decree No. 2023-151 is published by the Government’s General Secretariat. Decree No. 2023-151, dated April 19, 2023, restricts the practice to authorized professionals in accredited health facilities.