Mauritania
Grounds on which abortion is permitted:
To save the life of the woman Yes
To preserve physical health No
To preserve mental health No
Rape or incest No
Foetal impairment No
Economic or social reasons No
Available on request No
Additional requirements:
The attending physician must consult with two additional physicians, one of whom must be taken from a list of experts provided by the court. The physician must attest that the life of the woman cannot be saved by any means other than the intervention contemplated.
Government view on fertility level: Satisfactory
Government intervention concerning fertility level: No intervention
Government policy on contraceptive use: Direct support provided
Percentage of currently married women using
modern contraception (aged 15-49, 1991): 1*
Total fertility rate (1995-2000): 5.5
Age-specific fertility rate (per 1,000 women aged 15-19, 1995-2000): 135
Government has expressed particular concern about:
Morbidity and mortality resulting from induced abortion Yes
Complications of childbearing and childbirth Yes
Maternal mortality ratio (per 100,000 live births, 1990):
National 930
Western Africa 1 020
Female life expectancy at birth (1995-2000): 55.1
*Adjusted from source to exclude breastfeeding.
Although the most recent version of the Penal Code of Mauritania dates from 1983, the provisions of the Code dealing with abortion are based on the French Napoleonic Code of 1810 and its 1939 French successor. Abortion is generally illegal and any person performing or attempting to perform an abortion is subject to one to five years’ imprisonment and payment of a fine of 10,000-200,000 ouguiyas (UM). Persons who regularly perform abortions are subject to an increased penalty of 5-10 years of imprisonment and payment of a fine of UM 100,000-400,000. A woman who performs an abortion on herself or consents to an abortion being performed is subject to six months’ to two years’ imprisonment and payment of a fine of UM 5,000-60,000. Medical and paramedical personnel are subject to the same penalties, as well as suspension from the practice of their profession either permanently or for a minimum period of five years.
Despite this general prohibition of the performance of abortions, under general criminal principles of necessity, an abortion can be performed to save the life of the pregnant woman. In addition, the Government reported in 1987 that abortion was allowed in the case of rape or incest, although no legislative evidence is available to support this statement.
The French anticontraception law of 31 July 1920 is still in force in Mauritania. Under this law, the importation, manufacture, sale, advertisement or transport of contraceptives is prohibited.
Until the mid-1980s, the Government’s policy with regard to population issues was focused on increasing population size, because the country was considered to be underpopulated, with one of the lowest overall population densities in the world. The Government therefore did not intervene to modify the high level of fertility The Fourth Economic and Social Development Plan, 1981-1985, was the first to include an analysis of demographic factors. The Government stopped implementing the Plan, however, when the economic crisis in Mauritania worsened because of the effects of prolonged drought. Nevertheless, the idea began to spread that one of the causes of the intensifying process of desertification was the increase of population pressure on natural resources. Moreover, there was growing sentiment that a healthy population was more likely to contribute to the development process.
The year 1986 was a turning point in the Government’s appraisal of the demographic situation. At the Meeting on Family Health, held in July 1986, the Director of Islamic Orientation stated that Islam allowed family planning by natural methods and permitted the use of modern methods of contraception for therapeutic reasons. During the First Family Planning Seminar, held in December 1986, initial steps were taken for the preparation of a national family planning policy.
Given the very high rates of infant and maternal mortality in Mauritania, the Government decided to integrate family planning activities into maternal and child health services and began to allow the use of contraceptives. The spacing of births is currently viewed as a means of improving the health of mothers and children, avoiding the negative effects of abrupt weaning and preventing risks related to early or late pregnancies. Nevertheless, the Government remains very cautious and has not yet approved an explicit family planning policy.
Demand for contraceptive services has existed and prior to 1986 was partially satisfied either abroad, in neighbouring Senegal or by “under the counter” sales. Currently, contraceptives are available in pharmacies
in Mauritania. However, surveys show a very low rate of contraceptive prevalence. Whereas almost half of all married women are aware of at least one modern contraceptive method, only 1.2 per cent of them used one in 1990.
Abortion seems to be uncommon, although “abortion tourism”—that is, women from Mauritania travelling abroad to obtain an abortion—has been reported. Social and religious reasons, however, generally persuade the woman to have the unwanted child. As a result, the phenomenon of abandoned children appears to be widespread, especially among unmarried women. Because it is very difficult for an unmarried mother in Mauritania to find a husband, these women often conceal the delivery and subsequently abandon the child.
Source: The Population Policy Data Bank maintained by the Population Division of the Department for Economic and Social Affairs of the United Nations Secretariat. For additional sources, see list of references.