Angola's Abortion Laws: Understanding The Legal Landscape

Abortion is a highly contentious issue in Angola, with the country's laws and attitudes towards the procedure influenced by its religious demographics. Angola's population is estimated to be over half Catholic, with a significant proportion also belonging to Protestant congregations. Abortion is illegal in Angola, except in specific cases where the procedure is necessary to protect the life of the mother or in instances of rape. The country's penal code stipulates that those who undergo or perform abortions outside of these exceptions can face prison sentences ranging from two to ten years. However, abortions carried out during the first trimester due to risks to maternal health are not punished.

Abortion in Angola is only legal if it will save the woman's life

Abortion in Angola is only legal if the procedure will save the woman's life. The Angolan constitution states in Article 35 that "men and women shall be equal within the family, in society and before the state, enjoying the same rights and being responsible for the same duties." However, despite formal acknowledgements of women's right to equality in its constitution and legislation that addresses the social, economic, legal and political aspects of gender, sexual and reproductive rights continue to be neglected, contested and often violated with impunity in Angola.

The Angolan government has recently decriminalized same-sex relations and abortion in specific cases. The previous criminal code, adopted in 1886, established jail sentences for the ambiguous offense of "vices against nature," which was interpreted as a ban on homosexual conduct. The new penal code, which was approved in 2019, does not punish consensual same-sex relations and allows abortion in certain cases.

The controversy surrounding abortion in Angola can be attributed to its overwhelmingly Christian population, with over half the country estimated to be Catholic and about a quarter belonging to various Protestant congregations. Despite the legalization of abortion in specific cases, Angola's abortion laws remain restrictive. Those who perform abortions under conditions other than to save the woman's life face up to 2-8 years in prison.

Those who perform abortions outside of this context face up to 2-8 years in prison

Abortion in Angola is a highly contentious issue. The country has one of the world's worst healthcare systems, and abortion is only legal if it will save the woman's life. Performing abortions outside of this context is punishable by up to 2-8 years in prison, or even up to 10 years according to some sources. This law is stipulated in Article 156 (Interruption of Pregnancy) of Angola's Penal Code, which states that anyone who interrupts a woman's pregnancy without her consent will be subject to imprisonment for 2-8 years.

The debate surrounding abortion in Angola is influenced by the country's religious demographics, with over half the population being Catholic and a significant proportion belonging to various Protestant congregations. The Catholic Church has been known to lobby against abortion, and a spokesperson for the country's Catholic community, Manuel Imbamba, has expressed support for the anti-abortion law, stating that "life cannot be negotiated or trivialized."

However, international human rights groups and domestic and international stakeholders have criticised Angola's abortion laws, arguing that they violate women's rights to equality and health. The laws have been described as archaic and insidious relics of the country's colonial past, contributing to a climate of impunity and discrimination against gender and sexual minorities.

Despite the restrictions, abortion rates in Angola are high, with a significant number of unsafe abortions being performed. This has led to concerns about maternal mortality and calls for the decriminalisation of abortion in specific circumstances. In response, the Angolan parliament has recently approved a new criminal code that decriminalises abortion in certain cases, such as when there is a grave threat to the health or life of the mother or fetus, or in cases of rape. This represents a significant shift from the previous criminal code, which imposed jail sentences for abortion with no exceptions.

The Angolan constitution states that men and women shall be equal within the family, in society and before the state

The Angolan Constitution, which came into force in 2010, states that men and women shall be equal within the family, in society, and before the state. This is outlined in Article 35 of the Constitution, which reads:

> Men and women shall be equal within the family, in society and before the state, enjoying the same rights and being responsible for the same duties.

Article 35 also states that children shall be equal before the law and that any discrimination or the use of any discriminatory nomenclature with regard to filiation shall be prohibited.

Article 21 of the Constitution further emphasises the importance of gender equality, stating that one of the fundamental tasks of the Angolan state shall be to:

> Promote equality between men and women.

Article 2 of the Constitution also mentions gender equality, stating that the Republic of Angola shall be a democratic state based on the rule of law and on the sovereignty of the people, the primacy of the Constitution and the law, the separation of powers and the interdependence of functions, national unity, pluralism of political expression and organisation, and representative and participatory democracy.

The country's Penal Code permits abortion in the case of pregnancy as a result of a crime against freedom and sexual self-determination

Angola's Penal Code permits abortion in the case of pregnancy as a result of a crime against freedom and sexual self-determination. This is in addition to the grounds of risk to the mother's life, fetal non-viability, and serious illness or malformation of the fetus. While the Penal Code does not specifically mention rape and incest, they are encompassed by the category of crimes against freedom and sexual self-determination.

The Penal Code outlines the conditions under which abortion is permitted in such cases. For instance, it stipulates that exclusion from criminal liability in cases of pregnancy resulting from a crime against sexual freedom and self-determination can only be verified upon the presentation of a certificate from the Public Prosecutor's Office, along with an examination of the corpus delicti and a medical report. The gestational age limit for abortion on this ground is 16 weeks.

The Penal Code also addresses the issue of authorization for abortion procedures. It requires authorization from a health professional and specifies that the procedure can be performed in primary health-care centres, secondary health-care facilities, specialized abortion care public facilities, private health-care centres or clinics, and NGO health-care centres or clinics.

In addition to the Penal Code, other laws and regulations in Angola impact access to abortion. The Reproductive Health Act, General Medical Health Act, Ministerial Order/Decree, Health Regulation/Clinical Guidelines, and the Law on Health Care Services all play a role in shaping the legal landscape surrounding abortion.

It is important to note that despite the provisions in the Penal Code and other laws, abortion remains largely illegal in Angola. Social and cultural factors contribute to misinformation and stigma surrounding reproductive rights, and there are limited exceptions to the prohibition of abortion.

The gestational age limit for an abortion on this ground is 16 weeks

In Angola, abortion is only legal if it will save the woman's life or health, and in cases of rape or foetal impairments. The gestational age limit for abortions in the case of rape is 16 weeks. This is also the case for abortions performed on the grounds of foetal impairments.

The Penal Code permits abortions in cases of pregnancy as a result of a crime against freedom and sexual self-determination. However, the Penal Code does not specifically mention rape or incest in the section on abortion.

The Angolan constitution states that international treaties become binding following their formal publication and entry into force. The Maputo Protocol, which authorises abortion "where the continued pregnancy endangers the life of the mother or the foetus", was ratified by Angola. However, the more recent Angolan Penal Code does not mention foetal impairment as grounds for abortion, only stating that abortion can be performed in cases where foetal non-viability is attested.

The gestational age limit for abortions on the grounds of foetal non-viability is 24 weeks.

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