The legal framework
The position rests on the Offences Against the Person Act 1864, under which abortion remains a criminal offence; case law derived from the English Bourne decision is understood to permit termination to preserve the woman's physical or mental health, and clinical practice relies on that reading. Successive reform commissions have recommended clarifying the law, without legislative change so far. Post-abortion care is provided in public hospitals.
Key points
| Legal basis | Nineteenth-century criminal legislation |
|---|---|
| Health exception | Derived from case law rather than statute, covering physical and mental health |
| Uncertainty | The absence of statutory clarity deters providers |
| Post-abortion care | Provided in public hospitals |
| Contraception | Legal and widely available, including emergency contraception |
| Reform | Repeatedly recommended, not enacted |
| 1861 Act | The Offences Against the Person Act still contains the prohibition |
| Ministerial policy | A 1975 statement permits termination on broad health grounds |
In practice
- Public hospitals provide emergency care for complications, without conditions.
- Family planning associations provide contraception and confidential counselling.
- Where a termination is sought on health grounds, ask for the assessment to be documented in writing.
- Ask directly whether the facility provides the service under the ministerial policy.
- Post-abortion care is available in public hospitals and must not be refused.
Cost and coverage
Public post-abortion care is free or low-cost.
Recent changes
Regional bodies and national reform commissions continue to press for statutory clarity, and the Caribbean picture is uneven — Guyana and Barbados have far more permissive laws.
Where to go
- Public hospital obstetrics departments.
- National family planning association.
- Women's rights organisations for support and referral.
Worth knowing
Emergency contraception is legal and available: taken within five days, it prevents the situation from arising and avoids all of the legal uncertainty described above. A ministerial policy is not a statute. Providers rely on it, but it gives them no legal protection, which is why availability is limited and informal.
Official sources and links
- World Health Organization — international reference on this topic
- WHO Regional Office for Africa — country data and programmes