In Benin, the right to conscientious objection is recognized for healthcare professionals when it comes to performing abortions. However, this right is accompanied by obligations, particularly referring the patient to a qualified professional. Annick Nonohou Agani, a midwife and jurist, emphasizes that abusive refusals can delay care and compromise access to safe abortion. She was interviewed on the sidelines of the International Safe Abortion Day, celebrated on September 28.
According to Annick Nonohou Agani, conscientious objection is defined as "the right to freedom that allows a healthcare worker to refuse to practice an abortion." However, she notes that there have been several cases in Benin where healthcare professionals have refused to perform abortions due to personal or religious convictions. These refusals have led to negative consequences, particularly for minors who have become pregnant as a result of incestuous or violent relationships.
Nonohou Agani stresses that conscientious objection constitutes a significant obstacle to accessing safe abortion in Benin. Legally, healthcare professionals have the right to express their conscientious objection, but they must do so in writing and refer the patient to a qualified professional. The decree governing abortion in Benin regulates the right to conscientious objection and outlines the obligations of healthcare professionals who invoke it.
A refusal to provide an abortion can have several consequences, including delayed care, exceeding legal deadlines, and resorting to clandestine abortions. These situations can lead to psychological, hemorrhagic, or infectious complications, maternal death, and increased risk of infanticide or statelessness. Nonohou Agani emphasizes that healthcare professionals have an obligation to inform patients about alternative care pathways and to refer them to qualified professionals.
In cases of conscientious objection, healthcare professionals have several obligations towards patients, including providing information on alternative care pathways, referring patients to qualified professionals, and respecting the dignity of patients requesting an abortion. However, Nonohou Agani notes that the Beninese legal framework does not sufficiently address the issue of conscientious objection, particularly regarding the traceability of the care pathway for victims of abusive conscientious objection.
To reconcile the respect for healthcare professionals' convictions and the guarantee of women's rights, Nonohou Agani recommends establishing a managerial organization of safe abortion services based on teams of healthcare workers who have not declared conscientious objection. She also suggests introducing sanctions for authors of abusive conscientious objection and ensuring the traceability of violations suffered by victims.
The theme of the 2026 International Safe Abortion Day, "Solidarity in action: advancing reproductive justice and urgently strengthening health systems for comprehensive abortion care," highlights the importance of solidarity in activism against violence related to accessing safe abortion. Nonohou Agani believes that this theme has implications for Benin, particularly in terms of addressing violence against minors who are victims of unwanted pregnancies resulting from violent or incestuous relationships.
Key points
- A refusal to provide an abortion can have serious consequences, including delayed care and increased risk of complications.
- Conscientious objection constitutes a significant obstacle to accessing safe abortion in Benin.
- The Beninese legal framework does not sufficiently address the issue of conscientious objection, particularly regarding the traceability of the care pathway for victims of abusive conscientious objection.
