Abortion in South Africa
Encyclopedia
Abortion in South Africa was legal for very limited reasons until 1997, when the Choice on Termination of Pregnancy Act (Act 92 of 1996) was passed, providing abortion
on demand for a variety of cases.
does not explicitly mention abortion, but two sections of the Bill of Rights mention reproductive rights
. Section 12(2)(a) states that, "Everyone has the right to bodily and psychological integrity, which includes the right [...] to make decisions concerning reproduction," while section 27(1)(a) states "Everyone has the right to have access to [...] health care services, including reproductive health care." In the case of Christian Lawyers Association v Minister of Health an anti-abortion organisation challenged the validity of the Choice on Termination of Pregnancy Act on the basis that it violated the right to life
in section 9 of the Bill of Rights; the Pretoria High Court dismissed their argument, ruling that constitutional rights only apply to people and not to fetuses.
A woman under the age of 18 will be advised to consult her parents, but she can decide not to inform or consult them if she so chooses. A woman who is married or in a life-partner relationship will be advised to consult her partner, but again she can decide not to inform or consult him/her.
An exception is that if the woman is severely mentally ill or has been unconscious for a long time, consent of a life-partner, parent or legal guardian is required.
Health workers are under no obligation to perform or take active part in an abortion if they do not wish to, however they are obligated by law to assist if it is required to save the life of the patient, even if the emergency is related to an abortion.
A health worker who is approached by a woman for an abortion, may decline if they choose to do so, but are obligated by law to inform the woman of her rights and refer her to another health worker or facility where she can get the abortion.
Most abortion centres will insist on providing pre- and post-abortion counselling, and the woman can legally demand it, but it is not a legal requirement that abortion centres provide it.
Abortion can be had for free at certain state hospitals or clinics, although sometimes only if the woman is referred by a health workers.
province—5% of maternal deaths following childbirth are abortion related, and 57% of these are related to illegal abortions.
A recent study in Soweto showed the following: the rate of abortions for women older than 20 years decreased from 15,2% in 1999 to 13,2% in 2001, the rate for women aged 16–20 decreased from 21% to 14,9%, and the rate for women aged 13–16 decreased from 28% to 23%. In 2001, 27% of abortions were second-trimester.
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
on demand for a variety of cases.
Public opinion and political motives
Some 56% of South Africans believe abortion is always wrong even if there is a strong chance that the baby will have serious birth defects. A total of 70% believe it is wrong if abortion is done simply because the parents have low income and can likely not afford to care for additional children.Constitutional provisions
The ConstitutionConstitution of South Africa
The Constitution of South Africa is the supreme law of the country of South Africa. It provides the legal foundation for the existence of the republic, sets out the rights and duties of its citizens, and defines the structure of the government. The current constitution, the country's fifth, was...
does not explicitly mention abortion, but two sections of the Bill of Rights mention reproductive rights
Reproductive rights
Reproductive rights are legal rights and freedoms relating to reproduction and reproductive health. The World Health Organization defines reproductive rights as follows:...
. Section 12(2)(a) states that, "Everyone has the right to bodily and psychological integrity, which includes the right [...] to make decisions concerning reproduction," while section 27(1)(a) states "Everyone has the right to have access to [...] health care services, including reproductive health care." In the case of Christian Lawyers Association v Minister of Health an anti-abortion organisation challenged the validity of the Choice on Termination of Pregnancy Act on the basis that it violated the right to life
Right to life
Right to life is a phrase that describes the belief that a human being has an essential right to live, particularly that a human being has the right not to be killed by another human being...
in section 9 of the Bill of Rights; the Pretoria High Court dismissed their argument, ruling that constitutional rights only apply to people and not to fetuses.
Eligibility
In South Africa, any woman of any age can get an abortion by simply requesting with no reasons given if she is less than 13 weeks pregnant. If she is between 13 and 20 weeks pregnant, she can get the abortion if (a) her own physical or mental health is at stake, (b) the baby will have severe mental or physical abnormalities, (c) she is pregnant because of incest, (d) she is pregnant because of rape, or (e) she is of the personal opinion that her economic or social situation is sufficient reason for the termination of pregnancy. If she is more than 20 weeks pregnant, she can get the abortion only if her or the fetus' life is in danger or there are likely to be serious birth defects.A woman under the age of 18 will be advised to consult her parents, but she can decide not to inform or consult them if she so chooses. A woman who is married or in a life-partner relationship will be advised to consult her partner, but again she can decide not to inform or consult him/her.
An exception is that if the woman is severely mentally ill or has been unconscious for a long time, consent of a life-partner, parent or legal guardian is required.
Rules for health workers
In general, only medical doctors may perform abortions. Nurses who have received special training may also perform abortions up to the 12th week of pregnancy.Health workers are under no obligation to perform or take active part in an abortion if they do not wish to, however they are obligated by law to assist if it is required to save the life of the patient, even if the emergency is related to an abortion.
A health worker who is approached by a woman for an abortion, may decline if they choose to do so, but are obligated by law to inform the woman of her rights and refer her to another health worker or facility where she can get the abortion.
Most abortion centres will insist on providing pre- and post-abortion counselling, and the woman can legally demand it, but it is not a legal requirement that abortion centres provide it.
Abortion can be had for free at certain state hospitals or clinics, although sometimes only if the woman is referred by a health workers.
Non-surgical abortion
A medicine-induced abortion can be performed by any medical doctor at his premises up to 7 weeks from the first day of the last menstrual period. The usual method is a dose of an antiprogestin, followed by a dose of a prostaglandin analogue two days later.Effects of current abortion legislation
There has since the passing of this Act been a decrease in deaths from backstreet abortions, but the number of deaths following abortions are still quite high according to statistics gathered in GautengGauteng
Gauteng is one of the nine provinces of South Africa. It was formed from part of the old Transvaal Province after South Africa's first all-race elections on 27 April 1994...
province—5% of maternal deaths following childbirth are abortion related, and 57% of these are related to illegal abortions.
A recent study in Soweto showed the following: the rate of abortions for women older than 20 years decreased from 15,2% in 1999 to 13,2% in 2001, the rate for women aged 16–20 decreased from 21% to 14,9%, and the rate for women aged 13–16 decreased from 28% to 23%. In 2001, 27% of abortions were second-trimester.
See also
Abortion by country- Abortion debateAbortion debateThe abortion debate refers to discussion and controversy surrounding the moral and legal status of abortion. The two main groups involved in the abortion debate are the self-described "pro-choice" movement and the "pro-life" movement...
- Abortion lawAbortion lawAbortion law is legislation and common law which pertains to the provision of abortion. Abortion has been a controversial subject in many societies through history because of the moral, ethical, practical, and political power issues that surround it. It has been banned frequently and otherwise...
- Law of persons in South AfricaLaw of persons in South AfricaThe law of persons in South Africa is generally defined as regulating "the coming into being, private-law status and the coming to an end of a natural person." It determines the requirements and qualifications for legal personhood or subjectivity in South Africa, and the rights and responsibilities...
- Religion and abortionReligion and abortionMany religious traditions have taken a stance on abortion, and these stances span a broad spectrum as highlighted below.-Buddhism:There is no single Buddhist view concerning abortion. Traditional sources, such as the Buddhist monastic code, hold that life begins at conception and that abortion,...
- Choice on Termination of Pregnancy Act, 1996Choice on Termination of Pregnancy Act, 1996The Choice on Termination of Pregnancy Act, 1996 is the law governing abortion in South Africa. It allows abortion on demand up to the twelfth week of pregnancy, under broadly-specified circumstances from the thirteenth to the twentieth week, and only for serious medical reasons after the...
- History of Abortion Law DebateHistory of Abortion Law DebateIn our earliest written sources, abortion is not considered as a general category of crime. Rather, specific kinds of abortion are prohibited, for various social and political reasons. In our earliest texts, it can be difficult to discern to what extent a particular religious injunction held force...