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Sierra Leone ABORTION POLICY Grounds on which abortion is permitted: To save the life of the woman To preserve physical health To preserve mental health Rape or incest Foetal impairment Economic or social reasons Available on request Yes Yes Yes No No No No Additional requirements: Information is not readily available. REPRODUCTIVE HEALTH CONTEXT Government view on fertility level: Too high Government intervention concerning fertility level: To lower Government policy on contraceptive use: Indirect support provided Percentage of currently married women using modern contraception (aged 15-49): .. Total fertility rate (1995-2000): 6.1 Age-specific fertility rate (per 1,000 women aged 15-19, 1995-2000): 202 Government has expressed particular concern about: Morbidity and mortality resulting from induced abortion Complications of childbearing and childbirth .. .. Maternal mortality ratio (per 100,000 live births, 1990): National Western Africa 1 800 1 020 Female life expectancy at birth (1995-2000): 38.7 Source: Population Policy Data Bank, maintained by the Population Division, Department of Economic and Social Affairs, United Nations Secretariat. For additional sources, see reference section. 82 Sierra Leone BACKGROUND Under Sierra Leone law, The English Offences Against the Person Act of 1861 is still in effect. This Act prohibits the performance of all abortions and makes a person performing an abortion and a pregnant woman consenting to the performance of an abortion subject to imprisonment. A law introduced in 1988 to regulate the practice of pharmacy (Pharmacy and Drugs Act of 1988) also prohibits any advertisement of drugs or services that could be used to terminate or influence the course of a human pregnancy. Nonetheless, under general criminal law principles of necessity an abortion can be performed to save the life of the pregnant woman. In addition, Sierra Leone, like many Commonwealth countries whose legal systems are based on English common law, follows the holding of the 1938 English Rex v. Bourne decision in determining whether an abortion performed for health reasons is lawful. In the Rex v. Bourne decision, a physician was acquitted of the offence of performing an abortion in the case of a woman who had been raped. The court ruled that the abortion was lawful because it had been performed to prevent the woman from becoming “a physical and mental wreck”, thus setting a precedent for future abortion cases performed on the grounds of preserving the pregnant woman’s physical and mental health. The high incidence of induced abortion is a growing concern in Sierra Leone. The problem is more acute among young women, whose high rates of pregnancy force many to seek abortions. It is estimated that 80 per cent of all legal abortions are performed on women aged 15-24. Complications of induced abortion are the most important cause of hospitalization and maternal mortality in Sierra Leone, a situation that has placed strains on an already overburdened health-care system. Sierra Leone suffers the world’s highest maternal mortality ratio (1,800 deaths per 100,000 live births) and has an estimated total fertility rate of 6.1 children per woman (1995-2000). Both knowledge and availability of family planning services are limited, particularly in rural areas, and birth spacing in the form of post-partum abstinence is the main contraceptive method. It is estimated that only 5 per cent of married women use modern contraceptives. In 1992, the Ministry of Health began to play a major role in promoting family planning by including it as a part of maternal and child health services. The Government is committed to integrating population components into development planning. As a result, the National Population Commission was created in 1982 and a national population programme framework (National Population Policy Paper) was formulated in 1989. In 1992, the Government established a national family planning programme in the Department of Health and Social Services. The civil war of the 1990s seriously affected the entire range of governmental population, health and family planning services. Source: Population Policy Data Bank, maintained by the Population Division, Department of Economic and Social Affairs of the United Nations Secretariat. For additional sources, see reference section. 83