Date: December 29, 2023
Country: Turkmenistan
Issues: Access to Safe and Legal Abortion, Women’s Rights
Mechanism: UN Committee on the Elimination of Discrimination against Women
Report Type: Shadow/Parallel Report
Organizations: Center for Reproductive Rights, Progres Foundation
PROPOSED QUESTIONS AND RECOMMENDATIONS
Considering the information above and the State party’s obligations under the Convention, we propose that the Committee raise the following questions to the State party:
- What measures has the State party adopted to implement the Committee’s recommendation to decriminalize abortion? Please also share information on the number of arrests and prosecutions resulting from the implementation of the criminal provisions on abortion.
- Given the vagueness of the Public Health Act, it remains unclear how women and girls can effectively, legally, and timely access abortion within the five-week limit, between 5 and 22 weeks, and after 22 weeks as well as what the relevant roles of medical advisory commissions and council of doctors are. To shed some light on this and ensure abortion access:
- Please clarify when parental consent for abortion is necessary i.e., below 18 years of age or 16 years of age given the conflicting information provided to the Committee.
- Please provide information on the composition, location, and number of authorized commissions and councils that have been set up as well as the number and location of medical facilities where abortion may be legally provided in the country. Please also share the total number of certified gynecologists throughout the country currently providing comprehensive abortion care.
- Please share the available remedies and redress of the person seeking abortion if abortion is denied by a commission or council, or consent is withheld by their parent.
- Please also share a copy of the Order of the Ministry of Health and the Medical Industry of Turkmenistan (2022) on abortion as mentioned in the State party report.
- What steps has the State party taken to systematically collect, analyze, and disseminate disaggregated data on the number of safe and unsafe abortions and their impact on women’s health outcomes including by age, gender, ethnicity and race, socioeconomic status, and geographic location? Please share where the official findings and reports of the State party may be accessed by the public.
- What steps has the State party taken to ensure access to abortion according to the WHO recommended methods? Please provide information on the registration of mifepristone and misoprostol in the country’s essential medicines list and its availability in public and private health facilities. Please also clarify if self-managed abortion is allowed under the current abortion laws.
- What measures has the State party taken to prevent and address the stigma on abortion and ensure the safety and security of those who seek and provide abortion? Please also provide information on the policy providing incentives to women who give birth to more children.
We further propose that the Committee urge the state party to:
- Systematically collect and disseminate disaggregated data on women’s health outcomes including on the number of trained providers, and public and private health facilities where comprehensive abortion care is available and accessible.
- Fully decriminalize abortion and not impose any penalties on any person supporting, assisting, or providing abortion including by repealing the relevant provisions of the Criminal Code and 2015 Public Health Care Act.
- Repeal the 5-week gestational age limit and other restrictions on abortions based on specific grounds or gestational age limits.
- Make abortion available on the request of the woman and other pregnant persons without restrictions as to reason and without the authorization of any other individual, body, or institution.
- Adopt and disseminate regulations to ensure effective and timely access to comprehensive abortion care in accordance with international human rights norms and standards and the WHO Abortion Care Guideline.
- Remove arbitrary restrictions on who can provide abortions, where it can be provided, and allow the self-management of abortion and access to medical abortion by ensuring access to mifepristone and misoprostol.
- Challenge harmful gender stereotypes of women including their primary role of being child-bearers and child rearers, conduct education and awareness raising activities including providing training in schools, government offices, and health facilities to address negative cultural attitudes to abortion and gender equality in general.
