Abortion legislation is passed south african history online. Conscientious objection, or the right for medical professionals to refuse to perform abortion on religious or moral grounds, is used extensively. Between 1220 weeks, women are only allowed to terminate their pregnancy if it was the result of rape, incest or if her health is at risk. The culture of illegal abortion in south africa request pdf. The unsafe abortion rate, at 14, was the same both for 2008 and 2003, and slightly lower than the rate of 17 in 1990. The choice on termination of pregnancy act, 1996 act no. Abortion attitudes in south africa and the united states deep blue. The culture of illegal abortion in south africa 81 abortion before apartheid prior to the 1970s, south africa had no statutory definition of abortion. What you need to know about getting an abortion in sa. Four countries in africa have relatively liberal abortion laws. Where should you go for a safe abortion in south africa. Claiming and defending abortion rights in south africa. Various studies had shown the incidence, extent and terrible consequences of unsafe abortion.
Sep 28, 2017 in south africa a women may terminate her pregnancy for any reason until the 12th week. Many black south africans oppose abortion for religious reasons or view abortion as yet another vestige of apartheid policy, designed to control the growth of the black and colored population. Abortion has been legal in south africa for decades. The medical history of abortion in south africa, c. Abortions, reported includes legal reported induced abortions. Africa s expanded conception of equality shaped south africa s abortion jurisprudence and allowed for a stronger foundation for a womans right to abortion.
Private doctors and nonprofit organisations that are trained and qualified to do abortions are also legal and safe options. The southern africa subregion, dominated by south africa, where abortion was legalized in 1997, has the lowest abortion rate of all african subregions, at 15 per 1,000 women in 2008. A case study of the 1996 choice on termination of pregnancy act. Fact sheet abortion in africa guttmacher institute. Barriers to safe and legal abortion in south africa amnesty. Abortion, reproductive rights and the possibilities of reproductive justice in south african courts 91 through the lens of abortion, arguably the most contentious issue and one that has enjoyed limited positive and substantive recognition in international human rights law. W while abortion may technically be legal in south africa, accessing one can be quite challenging according to leading safe choices, over 40% of designated abortion care sites in 2011 werent actually providing the service. Social development on abortion and reproductive justice. An argument for foetal protection within a framework of legal abortion in south africa prof.
Until 1997, however, access to termination of pregnancy services was extremely limited and largely confined to white women. Saturday, september 28, was the global day of action for access to safe and legal abortion. South africa has one of the most liberal abortion laws in the world on paper. Worldwide, approximately one in five pregnancies ends in abortion. The act, a critical milestone for gender equality, secured all south african women including minors the right to make decisions about reproduction and according to their individual beliefs. Before 1975 abortion was illegal in south africa unless the life of the mother was at risk. It allows abortion on demand up to the twelfth week of pregnancy, under broadly specified circumstances from the thirteenth to the twentieth week, and.
In south africa, abortion was legalized in 1996, during the nations transition from apartheid to independence and democracy, under the choice on termination of pregnancy act ctopa. It takes more than prochoice laws to end deaths from. Barriers to safe and legal abortion in south africa. Experts believe that 50% of abortions occur outside designated health facilities. Abortion is a common medical experience, globally and in south africa.
An argument for foetal protection within a framework of. Pdf in south africa, abortion was legalized in 1996, during the nations transition from apartheid to independence and democracy, under the choice on. Womens bodies in particular, black womens bodies have a long history of being policed in south africa, eddie mhlanga, the mpumalanga health departments specialist obstetrician and gynaecologist points out. Abortion is legal in south africa but illegal clinics. South africa was not alone in recognising reproductive rights, as many constitutions of the third wave of democratisation in africa and south america paid particular attention to womens rights. Abortion in south africa was legal only under very limited circumstances until 1 february 1997. Abortion in south africa was legal only under very limited circumstances until 1 february 1997, when the choice on termination of pregnancy act act 92 of 1996 came into force, providing abortion on demand for a variety of cases. Brief description of characteristics of respondents 42 c. Act was passed promoting womens reproductive right to early, safe and legal abortion. Sep 30, 20 saturday, september 28, was the global day of action for access to safe and legal abortion. The criminalization of abortion contributes to unsafe abortion methods, a lack of medical accountability, and discourages women from seeking post abortion care.
According to a 2017 study, 32% of south african women do not know abortion is legal. As a result of this 1996 liberalisation of abortion law, studies have shown that abortionrelated mortality decreased by 91% in south africa between 1994 and 19982001. Any woman of any age can get an abortion, if she is less than weeks pregnant. East africa has the highest rate, at 38, followed by middle africa at 36, west africa at 28 and north africa at. However, even in countries where abortion has been legalised, womens access to safe abortion services remains limited. African union member states must enact an enabling regulatory and policy environment, including development and dissemination of strategies and guidelines and training of providers, to ensure that every woman who is legally eligible has ready access to goodquality abortion services. As a result, neither of the amendments made to the act in south africa after the date of transfer and prior to namibian independence the abortion and sterilization amendment act 38 of 1980 rsa gg 6985 and the abortion and sterilization amendment act 48 of 1982rsa gg 8107 applied to south west africa because neither was made.
Pregnancies in south africa 32 4 psychological factors 35 0. Heard has embarked on a new and important initiative within its sexual and reproductive health and rights research agenda, to investigate unsafe abortion in eastern and southern africa. To get a safe abortion in south africa, you can go to a government hospital or public health clinic. The first scholarly study of the history of abortion in south africa, or indeed any african country. In south africa a women may terminate her pregnancy for any reason until the 12th week. In 1996, the south african choice on termination of pregnancy ctop. South africa unsafe abortion the legality of abortion in south africa affords women reproductive autonomy and the right to access safe abortion procedures on demand. The termination of pregnancy act was probably the most controversial and unpopular piece of legislation to be enacted in south africa since apartheid was introduced in 1948. Abortion law in namibia and south africa a dissertation. The act allows abortion to save the life of the mother, in cases of severe fetal deformity, in cases or rape or. Over 90 000 legal abortions were performed in south africa in 2015 the most recent year for which data is available.
Constitutional court of south africa case cct 7414 in the matter between. Pdf, on which annex 1 relies, in addition to updates from amnesty international research and reports. To preorder your copy click here the recces, south africa s special forces brigade, were an elite counterinsurgency special operations unit that specialised in longrange combat reconnaissance and unconventional airborne operations. Abortion attitudes in south africa and the united states. This abortion may be performed by a registered nurse or midwife. South africa has a high maternal mortality rate, especially among the african population. As a general rule, an unborn nasciturus does not have legal status. Private doctors and nonprofit organisations that are trained and qualified to do abortions are also legal. Despite the fact that abortion is legal in south africa, it is estimated that between 52 and 58% of the estimated 260 000 abortions that take place in south africa every year are illegal. The legislation guaranteed women of all ages the right to seek an abortion during the first 12 weeks of pregnancy. South africa s abortion law arose against the backdrop of the transition from apartheid to independence and democracy, when equality, womens rights, and reproductive rights were enshrined in the new constitution. However, little could be done because of the prevailing legal environment at that time.
This piece of legislation was in force in both countries. Since then mortality rates for women undergoing abortions has declined by 91%. Working from an ethics of justice and an ethics of care, the srjc is a coalition of organisations and individuals engaged in advocacy, research, service delivery, education, policy analysis and activism work in the fields of gender, sexual and reproductive justice, health, rights and care. South africa has one of the most liberal abortion laws in the world. May 17, 2019 to get a safe abortion in south africa, you can go to a government hospital or public health clinic. It is not surprising also that the nurses and the majority of the medical staff, want nothing to do with termination of pregnancy top or abortion, even if theyre on duty in the ward. In this dissertation, i compared abortion attitudes in south africa and the u. South africa reformed the abortion law in order to improve the health of women and prevent deaths among women. H applicant and fetal assessment centre respondent neutral citation. Focuses on the centrality of the regulation of womens reproductive bodies to the making and maintenance of apartheid in south africa. The biggest survey ever done amongst doctors showed that more than 80% of south african doctors are against abortion.
Apr 03, 2017 w while abortion may technically be legal in south africa, accessing one can be quite challenging according to leading safe choices, over 40% of designated abortion care sites in 2011 werent actually providing the service. The abortion and sterilization act asa of 1975 broadened the scope of legal abortion. Remember, you always have the right to choose what is best for you and your body. Choice on termination of pregnancy act, 1996 wikipedia. In south africa, the law supports a womans right to choose.
So if you thought you knew everything there was to know about abortion in south africa, think again. As a result of this 1996 liberalisation of abortion law, studies have shown that abortion related mortality decreased by 91% in south africa between 1994 and 19982001. Heard impact of unsafe abortion in eastern and southern africa. Unsafe abortion and its consequences induced abortion is medically safe. Part i provides a brief history of abortion law in south africa, discusses the current state of south africa s abortion law and. The following is a devotional taken from my upcoming 30day devotional book. This article explores the medical history of abortion in south africa during the last three decades of the twentieth century, focusing on the role played by doctors in their clinical encounters with abortion. The south african government has consistently promoted a broadly inclusive understanding of sexual and reproductive health and rights as a basic requirement. This abortion has to be carried out by medical doctor. On 1st february 1997 abortion on demand was legalised in south africa. Sep 23, 20 many black south africans oppose abortion for religious reasons or view abortion as yet another vestige of apartheid policy, designed to control the growth of the black and colored population. Abortion is legal in south africa but illegal clinics are. Abortion is not permitted for any reason in 10 out of 54 african countries.
In south africa the provision of legal abortion is currently restricted by law and many women procure illegal abortions. While the first roman catholic country, france, has legalised abortion in 1974, and while even in italy, under the direct domination of the vatican, there is a demand for a liberal law, and while legal abortion is now available to half the. Some consequences of unwanted pregnancies 35 chapter 3 attitudes of natal medical practitioners towards the new abortion legislation 40 1. The choice on termination of pregnancy act was passed in 1997 in south africa, providing abortion on demand for a variety of cases. Yet most women do not know where to access safe abortion services, how to obtain information about abortion facilities in south africa or that they are legally entitled to a free abortion in the.
Aug 26, 2016 the criminalization of abortion contributes to unsafe abortion methods, a lack of medical accountability, and discourages women from seeking post abortion care. Oct 30, 2018 abstract in south africa, abortion was legalized in 1996, during the nations transition from apartheid to independence and democracy, under the choice on termination of pregnancy act ctopa. No place for abortion in african traditional life some. Robert johnston last updated 14 january 2020 definition of table data see notes after table for additional information. Impact of unsafe abortion in eastern and southern africa. Preface this sixth edition of the who global and regional estimates of unsafe abortion and associated mortality is intended for policymakers and programme managers, health workers and nongovernmental organizations in the area of sexual and reproductive health, researchers, groups and individuals concerned with unsafe abortion as well. Abortion, reproductive rights and the possibilities of. Zambia permits abortion for health and socioeconomic reasons, whereas cape verde, south africa and tunisia permit abortion with. Zambia permits abortion for health and socioeconomic reasons, whereas cape verde, south africa and tunisia permit abortion without restriction as to reason, with gestational limits. Abortion is a safe procedure when performed by skilled health care providers in sanitary conditions. According to the 1972 termination of pregnancy top act, an abortion in zambia can be legally conducted under the following circumstances.
The unsafe abortion rate has decreased in all major regions of the world since 1990. If the african christian democratic party gets its way, women seeking an abortion in south africa would find it a lot more difficult in future. In south africa, a woman of any age can get an abortion by simply requesting with no reasons given if she is less than weeks pregnant. This chapter places womens experiences of abortion into a social context in south africa.
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