24 June 2025. In Senegal, medical abortions in cases of rape or incest-related pregnancy are still illegal and punished. Women and girls are forced have illegal abortions that are often carried out without medical supervision and in unsanitary and dangerous conditions, greatly increasing the risk of health problems and death. Illegal abortions are the fifth leading cause of maternal death and account for 50% of emergency admissions to maternity wards. Forcing rape victims to carry an unwanted pregnancy to term causes extreme physical and psychological violence and is a form of double punishment.
The situation persists despite Senegal having ratified the Maputo Protocol 20 years ago. Article 14 of the protocol provides for the legalisation of abortion under conditions such as rape and incest. Refusal to grant this right inflicts further violence on women and girls. They are forced to to carry a pregnancy to term that is the result of rape, with no regard for their health, dignity, or respect for their fundamental rights. According to the General Observations of the Maputo Protocol, forcing a woman to carry a rape-related pregnancy causes additional trauma that is likely to affect her physical and mental health [...] and health must be interpreted according to the definition provided by the World Health Organisation (WHO), "Health is a state of complete physical, mental, and social well-being and not merely the absence of disease or infirmity." [1]. Furthermore, the inability to have a safe abortion violates a series of women’s and girls’ fundamental rights: the right to life, the right to the highest attainable standard of physical and mental health, and the right not to be subjected to torture or to cruel, inhuman, or degrading treatment or punishment. [2].
The International Federation for Human Rights (FIDH) has published a Policy Brief on the changes in legislation undertaken to legalise the voluntary termination of pregnancy (abortion care) in cases of rape and incest in various countries that ratified the Maputo Protocol. The Brief highlights effective national mechanisms and regional and international recommendations that can serve as an example for future legislative reforms in other countries, notably Senegal.
The Policy Brief sets out one of the fundamental issues: proof of rape. Several countries have legalised abortion in rape or incest-related cases and only require as proof a statement from the victim attesting to the crime. No further proof, be it legal or medical, is required to obtain authorization. This measure ensures effective access to abortion in cases of rape or incest-related pregnancy for all women and girls and avoids causing further trauma that could result from the psychological, social, economic, and administrative difficulties encountered when lodging a complaint or traveling to legal centers or health facilities.
Assesment of the legislation in Member States has nonetheless identified another fundamental issue: access to abortion care for minors who are victims of rape or incest and who not only suffer the trauma induced by the attack but are also exposed to life-threatening health risks due to their age. [3]. Faced with this alarming situation, some countries have amended their legislation to make access to abortion care systematic for minors, simply on the basis of their age; no additional measures or parental is consent required. The Policy Brief also describes other existing measures taken to guarantee effective access to abortion care in cases of rape or incest.
Given the major public health issue at hand and the obligation to respect the fundamental rights of women and girls, the FIDH and its member organisations call on the Senegalese authorities to take immediate and concrete measures to legalise abortion care in cases of rape or incest-related pregnancy, in line with the country’s commitment to implement article 14 of the Maputo Protocol.