Belize’s Abortion Law Does Not List Rape or Incest as Legal Grounds

With a recent report of the Belize Family Life Association (BFLA) advocating for the decriminalization of abortion, it has brought the current legislation into the spotlight.  As it stands, Belize’s law allows abortion in certain circumstances, but pregnancy resulting from rape or incest is not listed as a legal ground. Under Section one hundred and twelve of the Criminal Code, a pregnancy may be terminated by a registered medical practitioner when two registered doctors agree, in good faith, that continuing it would pose a greater risk to the woman’s life, or to the physical or mental health of the woman or her existing children.  The law also allows termination where there is a substantial risk that the child would be born with serious physical or mental disabilities. BFLA Executive Director Joan Burke says the absence of an express provision for pregnancies resulting from rape or incest is among the issues advocates want addressed.

Joane Burke, Executive Director, BFLA: “What we want is to ensure that we have the proper data. We have our healthcare delivery system that accommodates the services for women within the context of their rights. And then also to make sure that we move these restrictive laws. There have been some attempts And we are hoping that we will get the support, one of the Attorney General’s office as well as from the Ministry of Health to continue this work, the matter of contraceptive as well as how do we move forward in the area of abortion because we know that there are certain areas such as rape, which include incest, those are not grounds on which a person can access an abortion. I know of many, not only two, of many women who have accessed abortion for various reasons outside of the scope within what makes it accessible here in Belize. And yes, you are right that we do have medical practitioners that provide these services. There are a number of persons who have shared when they ended up at a medical facility after inducing an abortion on their own, trying like I said, all sorts of stuff and end up there, some of them the circumstances at the time the risk is not priority for them, it’s the circumstances under which they find themselves that push them to the need for that abortion. I want to say here for many women having or doing an abortion is not an easy decision even though some people feel that “oh they just get up today and just decide that you are stepping into a facility for an abortion.” What has been shared with us, as I said, in a number of discussions open discussions people sharing experiences, the difficulty some women find themselves,  in making that decision to have an abortion done, especially when they know the risk that entails.”

Outside the legal exceptions, the Criminal Code imposes criminal penalties. Section one hundred and eleven provides a fourteen-year prison penalty for intentionally and unlawfully causing an abortion or miscarriage. It also provides for life imprisonment for specified unlawful acts involving substances, instruments or other means intended to cause a miscarriage. Burke says advocates are seeking changes that would address abortion as a public health issue and improve access to safe care. As reported yesterday, she says a proposal has been submitted to the Ministry of Health, with advocates also hoping to engage the Attorney General’s Office