For example,  the 2017-2018 Benin Demographic Health Survey (EDSB) revealed that one in five Benninese teenage girls aged 15 and 19 had already begun their reproductive lives. The proportion increases with age, from 3% at age 15 to 15% at age 17, and 37% by age 19, with 30% of teenage girls having had at least one child. Due to the lack of access to safe abortion care, many women are forced to seek clandestine or unsafe abortions, often resulting in complications or death.

In response to advocacy by civil society organisations, the National Assembly passed Law N^o.2021-12 amending and expanding Law N^o. 2003-04 on sexual and reproductive health in the Republic of Benin. This amendment broadens access to safe abortion services beyond the original exceptional cases (threat to the woman’s health, rape, incest, or severe fetal anomalies). The new law allows for voluntary interruption of pregnancy up to twelve weeks, at the request of the pregnant woman, if the pregnancy is likely to aggravate or cause material, educational, professional, or moral distress incompatible with the interests of the woman and/or the unborn child. Despite the promulgation of this law, several actions remain to be taken to ensure the effective enjoyment of services

Despite this progressive law, several gaps remain. Since the enactment of Law N^o 2021-12, no implementing decree has been issued to clarify important questions such as the practical conditions for accessing safe abortion care, the specific health centres authorised to provide these services, and the costs involved.

2. Laws and Policies

Article 26 of the Constitution obliges the State to protect the family, particularly the mother and child. Articles 8 and 27 further mandate the State to ensure the right to health, guaranteeing equal access to health, education, culture, information, vocational training, and employment. However, Article 317 of the Penal Code criminalises abortion, considering any action that interrupts the development of a fetus as a crime of homicide, with severe penalties that may fall under the jurisdiction of an Assize Court.

Additionally, anti-conception propaganda remains prohibited in Benin under the law of July 31, 1920. This law, derived from the French Penal Code, penalises any advertisement related to contraception or abortion with fines and imprisonment. However, despite this law, Benin supports family planning initiatives, tolerating and even encouraging the dissemination of contraception information. The 1996 Population Policy Declaration also promotes responsible sexuality and seeks to increase contraceptive prevalence

Law Amendment N^o 2021-12 Legalises Access to Safe Abortion in Benin.

In 2021, to reduce the number of unsafe abortions and the resulting maternal deaths, the Government of Benin amended the law on sexual and reproductive health (Law N° 2003-04) to increase access to safe, legal abortion care and regulate the practice of voluntary interruption of pregnancy (SGG Benin 2021). This progressive amendment authorises abortion up to 12 weeks, at the request of the pregnant woman, when the pregnancy is likely to aggravate or cause educational, material, moral, or professional distress, thus widening access to legal and safe abortion care.

In the wake of this policy change, SRH providers began mobilising efforts to promote access to safe abortion care. This involved sessions focused on clarifying values,  transforming attitudes, training providers on safe abortion procedures, and promoting the use of essential safe abortion drugs and equipment.

National Reproductive Health Strategy: Benin has a National Reproductive Health Strategy aimed at improving maternal and child health outcomes, increasing contraceptive prevalence, and reducing maternal mortality.