Costa Rica 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 The pregnant woman must consent to the abortion, which must be performed by a physician, or if no physician is available, by an authorized midwife. ____________ *The Law does not specify whether preservation of health includes both physical and mental health. REPRODUCTIVE HEALTH CONTEXT Government view of fertility level: Satisfactory Government intervention concerning fertility level: To lower Government policy on contraceptive use: Direct support provided Percentage of currently married women using modern contraception (aged 15-49; 1992/93): 75 Total fertility rate (1995-2000): 2.8 Age-specific fertility rate (per 1,000 women aged 15-19, 1995-2000): 85 Government has expressed particular concern about: Morbidity and mortality resulting from induced abortion Complications of childbearing and childbirth Yes .. Maternal mortality ratio (per 100,000 live births; 1990): National Central America 55 140 Female life expectancy at birth (1995-2000): 79 Source: The Population Policy Data Bank maintained by the Population Division of the Department of Economic and Social Affairs of the United Nations Secretariat. For additional sources, see list of references. 106 Costa Rica BACKGROUND The Costa Rican Penal Code of 4 May 1970 (sections 118-122) permits an abortion to be performed in order to prevent danger to the life or health of the pregnant woman when this danger cannot be averted by any other means. The consent of the pregnant woman must be obtained, and the abortion must be performed by a physician or, if a physician is not available, by a midwife. A person who performs an illegal abortion is subject to imprisonment for a period of one to three years if the abortion is performed with the woman’s consent. The same punishment is applicable to a woman who induces her own abortion or consents to it. If the abortion is performed before the end of the second trimester of gestation, the punishment is reduced to six months’ to two years’ imprisonment. A person who performs an abortion without the woman’s consent or when she is under fifteen years of age is subject to three to ten years’ imprisonment. In the above cases, the punishment is increased if the woman dies as a result of the abortion. Section 120 of the Penal Code provides for a reduced sentence of three months’ to two years’ imprisonment in cases where the abortion has been performed with the woman’s consent to hide her dishonour. Reproductive health services are included as part of the primary health care services provided by all public institutions in Costa Rica since the late 1980s. Access to these services, which include family planning, prenatal and postnatal care and assistance to delivery, is easy and quality is high. Three quarters of the women are users of modern contraceptive methods, which are provided nearly free of charge by public services. In 1989, the Government approved a programme of comprehensive care to adolescents, which includes information, communication and sex education campaigns as well as care for adolescent mothers, provided in two public hospitals. Source: The Population Policy Data Bank maintained by the Population Division of the Department of Economic and Social Affairs of the United Nations Secretariat. For additional sources, see list of references. 107