Panama

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
No
Yes
No
No
No

Additional requirements:
A multidisciplinary commission appointed by the Ministry of Health must authorize an abortion on the
grounds of averting a health risk that would endanger the life of the mother or the foetus; in the case of rape, the
authorities must be aware of the crime and the abortion must be performed within the first two months of
pregnancy. An abortion must be performed by a physician in a government health-care centre.

REPRODUCTIVE HEALTH CONTEXT

Government view on fertility level:

Satisfactory

Government intervention concerning fertility level:

To maintain

Government policy on contraceptive use:

Direct support provided

Percentage of currently married women using

modern contraception (aged 15-44, 1984):

54

Total fertility rate (1995-2000):

2.6

Age-specific fertility rate (per 1,000 women aged 15-19, 1995-2000):

82

Government has expressed particular concern about:

Morbidity and mortality resulting from induced abortion
Complications of childbearing and childbirth

Yes
Yes

Maternal mortality ratio (per 100,000 live births, 1990):

National
Central America

55
140

Female life expectancy at birth (1995-2000):

76.4

Source: 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.

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Panama
BACKGROUND
Until 1982, abortion was generally illegal in Panama under the Criminal Code of 17 November 1922.
Anyone who performed an abortion was subject to imprisonment for 20 months to 3 years. A woman who
induced her own abortion was subject to imprisonment for 8-30 months. Harsher penalties were prescribed
for medical personnel who performed abortions. Under general criminal law principles of necessity,
however, abortion was permitted to save the life of the pregnant woman.
On 22 September 1982, a new Penal Code was enacted that liberalized Panamas abortion law and set
new penalties for abortions performed illegally. Under the Code, a woman who causes her own abortion or
consents to another person carrying it out is subject to one to three years imprisonment. Anyone inducing
an abortion with the womans consent is subject to three to six years imprisonment. The penalty for
inducing an abortion without the womans consent or against her will is four to six years imprisonment. If
the woman dies as a result of the abortion or the means used to induce it, the penalty is 5-10 years
imprisonment. These penalties are increased by one sixth if the person guilty of inducing the abortion is the
womans husband.
There is no penalty if an abortion is performed, with the consent of the woman, in order to destroy the
product of conception resulting from rape, provided that the rape has been evidenced in a court proceeding.
In such cases, the competent authorities must be aware of the crime and the abortion must be performed
within the first two months of pregnancy. There is also no penalty if the abortion is performed, with the
consent of the woman, for serious health reasons that endanger the life of the mother or the product of
conception. In such cases, a multidisciplinary commission appointed by the Ministry of Health is to
determine the serious health reasons and authorize the abortion. Under Ministry of Health Resolution No.
02007 of 2 August 1988, the multidisciplinary commission is composed of representatives from various
health professions as well as a lawyer from the legal department of the Ministry of Health. The Resolution
authorizes the commission to seek aid from other health professions and to establish rules approving
therapeutic abortions.
On 21 April 1989, the Ministry of Health (Resolution No. 1) approved the rules of the
multidisciplinary commission established to authorize therapeutic abortions. In order for a petition for a
therapeutic abortion to be considered, a written request must be submitted by the pregnant woman. This
request must be accompanied by a medical record which specifies and supports the diagnosis motivating
the petition and by laboratory tests and/or supplementary information confirming the request. Women who
are minors or who are incapacitated for legal reasons must have the consent of a legal representative. If
necessary, the multidisciplinary commission may request the written opinion of other health professionals,
who must cooperate with its members. In each region, the chief of gynaecology and obstetrics of each
hospital must analyse the requests of patients in that region and verify the fulfilment of the requirements.
The documents must be sent to the national commission, which must meet within the shortest possible time
for review and a final decision. Once authorized by the commission, the abortion must be performed by a
medical specialist in the state hospital of the health region where it is requested. A therapeutic abortion can
never be performed without the written consent of the multidisciplinary commission.
The Government of Panama has strongly supported family planning and has been providing subsidized
services since 1973. The Government promotes natural and modern methods of family planning through
the Ministry of Health and a private family planning organization of the country, the Asociacin Panamea
para el Planeamiento de la Familia (APLAFA), which was founded in 1965. The modern contraceptive
prevalence rate was estimated at 54 per cent in 1984. Adolescent fertility is a major concern of the
Source: 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.

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Panama
Government and a programme of sex education in the schools has been implemented. Parental participation
and the dissemination of information on sex education through the press also encouraged. Despite these
efforts, it is estimated that more than 20 per cent of declared abortions in Panama involve adolescents.
APLAFA is confronting the problem of adolescent pregnancy with a wide range of activities that focus
not only on the prevention of unwanted pregnancies but also on the provision of prenatal and postnatal care
for those choosing to carry an unwanted pregnancy to term. Sterilization is legal in Panama. The
programme also includes an educational component offering employment services, vocational training, and
social and recreational activities, as well as extensive reproductive health services.
Efforts to promote family planning in Panama have been generally successful. Between 1965 and
1985, for example, the total fertility rate decreased from 6.0 to 3.0 children per woman. The total fertility
rate is currently (1995-2000) at 2.6 children per woman while the population growth rate has slowed to an
estimated 1.8 per cent.

Source: 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.

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