Armenia Expands Reproductive Rights with Abortion Law Reforms

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Armenia Expands Reproductive Rights with Abortion Law Reforms

By armi nellik

Women can access medical abortion even in out-of-hospital settings for up to eight weeks in Armenia since August 2024, according to legal reforms expanding reproductive rights.

Amendments to the law “On Human Reproductive Health and Reproductive Rights” were adopted by the National Assembly of Armenia in the second reading on July 12, 2024.

Women’s Resource Center (WRC) Head of Advocacy team, Anna Hovhannisyan, says from the feminist perspective access to abortion is crucial. Unless women are entirely in charge of the decisions made about their bodies, including the choices regarding their healthcare, one cannot speak about other political, socioeconomic, and educational rights; all of these are interconnected. 

She said WRC advocates for an expansion of access to abortion on multiple fronts. They had been working to extend the term for legal medical abortion to at least nine weeks. While the WHO recommendation is 12 weeks, the advocacy team has reached a consensus with the parliament in eight weeks.

Medical abortion, in particular, is essential as it is more accessible to women, especially those from regions, Hovhannisyan says. Surgical abortion, instead, creates a complete dependence on doctors and medical centers; while, according to the law, women still need to consult with a healthcare provider before they take the pills (that are provided with a prescription), medical abortion gives women the privacy and comfort of self-managing the abortion, she says.

Around the world, including in Armenia, the right-wing anti-choice organizations often cover the fight against abortion under the guise of gender equality and sex selection, Hovhannisyan says. Essentially, these groups’ message is ‘no abortions means no sex-selective abortions.’ 

Armenia, too, used to face a massive anti-choice wave back in 2014 and the following couple of years, Hovhannisyan says. It was also when the three-day waiting time was introduced, and sex-selective abortion was banned (according to law, women should wait for three days after declaring their decision to have an abortion to the doctor; this period is meant for women to weigh on their decision). 

Doctors have since been advised to “talk out” women of their choice and encourage them to “rethink” their decision, according to Hovhannisyan. 

Women, in most cases, may find out the sex of the fetus after the 12th week of pregnancy, which is when abortion is illegal in Armenia (only permitted in special medical-social circumstances). So, the anti-choice groups fall short when bringing in the sex-selection argument, says Hovhannisyan. 

Additionally, if, in 2019, there was some decline in sex-selective abortions, now Armenia seems to be back at a high rate, she says. This shows the ineffectiveness of the anti-sex-selective approach to abortion. People find ways to have abortions, including in unsafe conditions. 

Hovhannisyan says that WRC does not propagate abortion. Instead, they encourage family planning to prevent abortions and promote sexual education. 

However, it is important to note that there is no 100% effective prevention; pregnancies happen, and women should be able to decide how they proceed, she says. Women also need to be aware of contraceptive methods, changes, and developments in their bodies. 

“We encounter many unfortunate cases of women having unsafe abortions, such as taking ‘special’ herb teas and other methods that may harm their health,” says Hovhannisyan, “Access to medical abortion in out-of-hospital settings will provide these women with a safe alternative.”

From the legal perspective, before these amendments, there was an explicit ban on all abortions performed in out-of-hospital conditions in Armenia, says Women’s Resource Center Advocacy team lawyer Nvard Piliposyan. 

When self-managing abortion, there are some side effects and underlying medical pre-conditions to be considered; women still need to consult with a doctor to have comprehensive information before the abortion, according to law. But now, it is possible to have a medical abortion at home or wherever women feel most private and comfortable, she says. 

Piliposyan says that the parliament’s reasoning behind not passing the nine-week medical abortion expansion, which WRC advocated for, was because the institution of medical abortions is new to Armenia to both doctors and people seeking care; additional amendments may be made in upcoming years. 

There is still a need for clarification on whether or not the three-day abortion waiting time is lifted for medical abortion. It would be illogical if women had to wait, Piliposyan says. Besides, it could lead to the eight-week term passing and women having to undergo a surgical abortion.

There is no liability for women who have abortions after the legal term, and even if sex-selective, the full responsibility is on the performing doctors, according to the lawyer.

“We cannot state that Armenian legailsture is the most restricting of sexual and reproductive rights. The main obstacle is the three-day waiting term.” Piliposyan said. 

There is a need for higher accessibility to providing sexual and reproductive healthcare, she says. People’s perception, too, needs to be changed; there is constant scrutiny of women’s reproductive choices that puts pressure on women and their bodily autonomy, according to the Piliposyan.

“Armenia stands somewhere in between the full liberatory practices, allowing women to have abortions even up to nine months, and oppressive regimes, which outlaw abortions altogether,” Piliposyan says. 

Armenian Apostolic Church semi-deacon Armen Hareyan has been propagating against abortion for years. “Killing through abortion is a sin, and you cannot have a happy life after that. For example, you will have another [child], who may 20 years later die due to a disaster,” Hareyan said in an Aravot Daily article from July 5, 2024.

“And no one knows from what point in pregnancy this life is formed. And if it suddenly turns out that God put his soul into the developing embryo of this child from the very beginning of pregnancy, then with what conscience and calmness will the parent kill this life with an abortion at the 5th or 4th week,” Hareyan said in the same article.

According to the World Health Organization, “in the first 12 weeks of pregnancy, a medical abortion can also be safely self-managed by the pregnant person outside of a health care facility (e.g., at home), in whole or in part. This requires that the woman has access to accurate information, quality medicines, and support from a trained health worker (if she needs or wants it during the process).”

The Women’s Resource Center is currently developing a comprehensive guide on medical abortion according to WHO standards to provide women choosing the option of self-managed abortion with reliable information, says WRC Executive Director Anush Poghosyan.

Other changes to the law in the same amendment package regard the surrogacy institution, providing more government funding. Armenia seems to have adopted a rather balanced national strategy on birthrate and abortion, Piliposyan says, although there are concerns about the rights and conditions of surrogate mothers.

Ex-employees, affiliated experts, and volunteers at ProLife Armenia, an anti-abortion nongovernmental organization that allegedly ceased operations in 2023, have not responded to interview requests.

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