Introduction
In Burkina Faso, the right to sexual and reproductive health is a fundamental aspect of human rights, directly affecting the well-being of women. This right, recognised in various international and national instruments, includes access to appropriate health services, comprehensive sexuality education, and the information and resources needed to fully exercise reproductive choices.
Sexual health
Sexual health is a state of physical, emotional, mental and social well-being in relation to sexuality. It implies a positive approach to sexuality and relationships, as well as the ability to have satisfying and safe sexual experiences, respecting consent and preventing disease.
Reproductive health
Reproductive health is a state of physical, mental and social well-being in relation to the reproductive system, enabling individuals to make informed decisions about their reproduction and to access appropriate care.
The right to voluntary termination of pregnancy
Under article 513-13 of Burkina Faso’s Penal Code, voluntary termination of pregnancy may be performed at any gestational age if a doctor certifies after examination that maintaining the pregnancy endangers the woman’s health or that there is a strong likelihood that the unborn child will suffer from a particularly serious illness or disability recognised as incurable at the time of diagnosis. Article 14-2 C of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women protects women’s reproductive rights, in particular by authorising medical abortion in cases of sexual assault, rape, incest and when the pregnancy endangers the mental and physical health of the mother or the life of the mother or foetus. Article 513-14 of the Penal Code of Burkina Faso repeats this same provision, specifying that in cases of rape or incest, if the materiality of the distress is established by the public prosecutor, the pregnant woman may ask a doctor to terminate her pregnancy within the first fourteen weeks.
Conclusion
The right to sexual and reproductive health is guaranteed by law in Burkina Faso and by the Maputo Protocol, which Burkina Faso has ratified. Voluntary termination of pregnancy is legally recognised in certain cases.
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