Senegalese Laws Endanger Lives of Young Girls

Girls in Sebikhotan Senegal’s abortion laws regularly deny young rape victims permission for abortions. These laws revictimize these girls by forcing them to either carry unwanted and risky pregnancies to term, or seek illegal and unsafe abortions. These poor, rural girls have no acceptable options because Senegalese laws prohibit almost all abortions, considering abortions to be a crime punishable with up to 10 years in jail.

The most recent case that garnered attention is of a 10-year old girl from a poor family who was raped by a neighbor. She is now 5 months pregnant with twins, and although human rights activists have fought to get her legal approval for an abortion, legislators have rejected her pleas.

“She is going to have to go through with the pregnancy. The best we can do is keep up pressure on the authorities to ensure the girl gets regular scans and free medical care… We had a previous case of a raped nine-year-old who had to go through with her pregnancy. We paid for her caesarean but she died a few months after the baby was born, presumably because the physical trauma of childbirth was too great,” explained Fatou Kiné Camara, president of the Senegalese Women Lawyers’ Association.

The United Nations’ Committee on Economic, Social and Cultural Rights has declared these laws dangerous and deadly because they have resulted in high numbers of maternal death, illegal abortion, and incarceration of women convicted of abortion. For young girls, pregnancy and giving birth are both extremely risky and traumatic, having a high potential for severe health consequences and even death. Similarly, illegal abortions commonly result in the death of hundreds of women every year in Senegal.

These laws discriminate against women and girls, especially those from poor and rural backgrounds. If a girl’s family has enough money, it is relatively easy to go to a private clinic for an abortion. Poor women do not have this option but must either carry the pregnancy to term or seek back-channel abortions because avenues for seeking legal abortions are prohibitively expensive and complicated.

“For a termination to be legal in Senegal, three doctors have to certify that the woman will die unless she aborts immediately. Poor people in Senegal are lucky if they see one doctor in their lifetime, let alone three. A single medical certificate costs 10,000 CFA francs ($20), which is prohibitive,” stated Camara.

It is virtually impossible for poor, rural women to visit even one doctor. There are only 20 hospitals in the entire country with 7 of them being in the capital city. Not only is an appointment itself prohibitively expensive, but so are the time and costs associated with getting to a doctor’s office.

For these reasons, the Association for Senegalese Women Lawyers has been fighting for a change in legislation that would align Senegalese laws with the African Charter on Women’s Rights. Although Senegal ratified the charter, the country has yet to implement the necessary changes to abortion laws. These changes would permit abortions for victims of rape or incest, or for those whose lives or mental health are in danger due to the pregnancy.

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Written by Amanda Lubit