E/CN.4/2002/73/Add.2 page 72 179 This applies to the Mormons of the Church of Jesus Christ of Latter-day Saints. 180 See Talbi (note 12 above), p. 150. 181 See, for example, report of CEDAW, consideration of the report of Algeria (A/54/38/Rev.1, p. 14, paras. 75 and 91). See also Human Rights Committee, general comment 28, para. 24. 182 Surah 4, verse 21. 183 See reports of CEDAW, consideration of the reports of Colombia (A/54/38/Rev.1, para. 393), Nepal (A/54/38/Rev.1, p. 59, para. 147), Chile (A/54/38/Rev.1, p. 67, para. 228) and Jordan (A/55/38 (Part I), para. 180). See also Report of the Human Rights Committee, A/55/40, vol. I, Morocco, para. 100, and the reservations of Malta to article 16 of the Women’s Convention in ST/LEG/SER.E/17 (note 49 above), p. 184. 184 A/54/38/Rev.1, Ireland, pp. 62 and 63, paras. 180 and 186. 185 New article 214 of the Tunisian Criminal Code sets forth the official position of the State: prohibition and punishment of abortion brought about by non-medical methods or means (paras. 1 and 2); authorization of abortion, even where the woman is unmarried, but within the first three months of pregnancy, at a hospital establishment and by a physician lawfully practising his or her profession (para. 3); and authorization of abortion after three months in specific cases, i.e. if the pregnancy poses a threat to the health of the mother or unborn child (para. 4). See laws No. 65-24 of 1 July 1965 and No. 73-57 of 19 November 1973 (Official Gazette of the Republic of Tunisia, issues No. 35 of 2 July 1965 and No. 43 of 27 November 1973). 186 In many Muslim countries, abortion is banned, including when pregnancy occurs outside marriage, unless the mother’s health is in danger or the child is at risk of being born disabled. Muslim scholars view abortion as an act of infanticide (wa’d) and it is thus classed as a crime, in regard to which the Koran states on a cautionary note: “When the girl child who was buried alive is asked for what sin she was slain” (surah 81, verses 8 and 9). However, the ban is not absolute. In the opinion of many jurists of the Hanafi and Hanbali schools, women may abort in cases of genuine and recognized need owing, inter alia, to factors relating to the foetus (malformation or genetic disease) or to the mother (threat to her life or her inability to raise a child because of physical disability or mental health deficiency). Some members of the Shafi’i school adopt the same position, adding that abortion before 40 days is reprehensible (makrouh) and after 40 days is strictly forbidden. According to the Malaki school, abortion is forbidden in all circumstances except in cases of force majeure. See the website www.muslimfr.com/sexualite.htm and the bibliography. Article 16, paragraph 1 (e), of the Women’s Convention and article 24, paragraph 2 (f), of the Convention on the Rights of the Child have not been the subject of reservations by some Muslim States where the reservations are not of a general nature and refer specifically to those articles or to other articles in the two conventions. On this subject in some Muslim countries compared with other religions, see G. H. Bousquet, L’éthique sexuelle de l’islam, Desclée De Brouwer, 1990 (1966), pp. 200 ff.