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iciHaiti - New Penal Code : Right to Abortion and Sanctions 30/09/2025 10:14:01
Through Articles 328, 329, and 330, the new Penal Code conditions abortion and allows a woman to terminate her pregnancy only in cases of rape, incest, or when the woman's physical or mental health is in danger. It punishes with imprisonment of 5 to 7 years and a maximum fine of 100,000 gourdes any person who causes the termination of a woman's pregnancy beyond 8 weeks without her consent, outside of medical requirements. It also punishes unqualified providers who perform abortions in poor conditions and in facilities not recognized by the Ministry of Public Health. PLAAN welcomes the progress of this decree, as it represents the first official document not to completely criminalize abortion and is the result of years of work by feminist organizations through awareness-raising, advocacy, and public education. However, PLAAN asserts that this legal provision is insufficient because it continues to restrict women's freedom and is inconsistent with its vision of creating a society where every woman can enjoy her bodily autonomy, the human right to a reproductive or non-reproductive life, and access to the material means that guarantee this right. It does not take into account the specific realities of Haitian women, especially those living in working-class and rural areas. The paragraphs of Article 328 criminalize and define abortion as an act provoked primarily by the non-consent of the pregnant person. We note the willful and paternalistic silence of the Haitian State regarding the situation in which a woman freely and consciously decides not to continue a pregnancy. PLAAN actively continues the fight for the full legalization of abortion, unconditionally and accessible to all in Haiti. We unreservedly support the right to safe abortion and bodily autonomy for women in the country. S/ iciHaiti
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