Act was passed promoting womens reproductive right to early, safe and legal abortion. Constitution of the republic of south africa act number 108 of 1996 section 27. Such abortions may result in criminalisation, infertility, or death. Abortion law is liberal in the subregions largest country, south africa. In south africa, any woman of any age can get an abortion on request with no reasons given if she is less than weeks pregnant. Exploring south african adolescents knowledge of abortion. In 2014, an amnesty international report found that fewer than 50% of public health facilities designated to offer safe abortion were actually providing the service. 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. This framework underscores the concepts of decisional autonomy and equality underpinning the constitutional right to choose abortion. Unsafe abortion is one of the leading causes of maternal mortality and morbidity. Knowledge of termination of pregnancy top legislation and. Until 1997, however, access to termination of pregnancy services was extremely limited and largely confined to white women. On december 11, 1996, south africa enacted the choice on termination of pregnancy act, which gives women of any age or marital status access to abortion services upon request during the first 12 weeks of pregnancy, and in certain cases, extends access to the first 20 weeks of pregnancy. An argument for foetal protection within a framework of.
In lowincome countries, where restrictive abortion laws are common, safe abortion care is not always available to women in need. Abortion is legal in south africa in accordance with the choice on termination of pregnancy act 1996 ctopa and 2008 amendments. And the number of unsafe abortions on the continent is staggeringly high. Pdf an appraisal of abortion laws in southern africa from a. Womens experiences seeking informal sector abortion services in. The legislation of abortion in 1996 brought into being the abortion controversy in south africa.
Helen bradford 1991a, 1991 b, 1994 traces the evolution of the various abortion practices in south africa. The laws of the countries in this category permit abortion when the womans life is at risk. Aug 22, 2019 in 1993, the south african medical research council mrc began a research study on abortion access. In countries such as colombia, uruguay and south africa, this provided a conceptual framework for differing levels of abortion law reform in parliaments, courts and practice.
Abortion rights in south africa cathi albertyn, university of witswatersrand working paper vol. Abortion, reproductive rights and the possibilities of reproductive justice in south african courts 89 dignity, nondiscrimination and equality, life and social rights, particularly the right to health. Adjusted odds ratios of reporting abortion is always wrong in south africa in 20 iii. Constitutional court of south africa case cct 7414 in the matter between.
Descriptive statistics of the analytic sample n16,941 from the nationallyrepresentative south african social attitudes surveys 200720, excluding. H applicant and fetal assessment centre respondent neutral citation. We realised that the political and social context that had created the space for legal change was very specific to. A case study of the 1996 choice on termination of pregnancy act. Thesis presented for the degree of doctor of philosophy in. This act gives women of any age or marital status access to abortion services upon request during the first 12 weeks of pregnancy, and in certain. Four countries in africa have relatively liberal abortion laws. M university of kwazulunatal durban, south africa this study examines the structure of abortion attitudes in a sample of 124 fulltime female university residence students, the relationship between selfrated religiosity and abortion attitudes, as well as their knowledge of the choice on.
Oct 30, 2018 the high number of conscientious objectors in south africa has contributed to what respondents agree is a high number of illegal abortions although illegal, these informal abortions were felt by respondents to be increasingly safemany backstreet providers give women black market misoprostol, and are savvy enough to direct them to. Conscientious objection and legal abortion in south africa. Abortion is a safe procedure when performed by skilled health care providers in sanitary conditions. Despite successes in making abortion more widely available, highquality safe abortion services remain inaccessible to many south african women and girls. Abortion under apartheid examines the politics of abortion in south africa during the apartheid era 19481990, when termination of pregnancy was criminalized. Pdf attitudes toward abortion in a sample of south.
Before 1975 abortion was illegal in south africa unless the life of the mother was at risk. This act replaced a 1975 law that severely curtailed access to abortion services by requiring a physicians. The abortion and sterilization act asa of 1975 broadened the scope of legal abortion. In the context of gender inequality, where sexuality and reproduc. South african shack settlement activist wins the 2021 per. Pregnancy termination among young women constitutes a public health problem particularly in south africa where high prevalence of abortion has. Aug 26, 2016 the world health organization who estimates that 78,000 deaths annually result from unsafe abortions. Inspired by these developments, the 1996 south african constitution explicitly includes rights to reproductive health, freedom and autonomy. Proposed amendments to current abortion legislation. 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.
Pdf an appraisal of abortion laws in southern africa. A comparative study of ghana and nigeria isaac adisahatta1 and eugene emeka dim2 abstract abortion is an essential social and public health issue. Methods data and measurement we used data from the most recent south african social attitudes survey sasas in 20 human sciences research council 2015. It appears that in 19906 and 19917 south africans had held opposing views on the asa. In settings where abortion is legally restricted, or permitted but not widely accessible, women face significant barriers to abortion access. These injuries result in short and long term health consequences for women, including infertility and fistula, and have far.
Thats why we compiled a list of facts on legality, cost and service providers on a countrybycountry basis. In south africa, egalitarian gender role attitudes correlated with higher abortion acceptability for fetal anomaly or. Therefore, emergency contraceptives can cause abortion, and in south africa, it is not illegal to have an abortion that follows such usage of emergency contraceptives. An argument for foetal protection within a framework of legal abortion in south africa. The major reason for passage of the choice on termination of. Fact check do 200,000 abortions take place in sa each year. Providers of clandestine abortions surveys of knowledgeable. Marie stopes has 17 safe abortion clinics across south africa that offer abortion pills, safe abortion procedures and support.
However, section 15 of the south african constitution in particular, implicitly accommodates. Abortion in legal, social, and healthcare contexts. Fact sheet abortion in africa guttmacher institute. Why are young people still having illegal abortions. Page 2 the views expressed in this paper are those of its independent author. The act is silent about the right to conscientious objection. Medical students understanding of top legality and their attitudes toward top training are indicators for future service provision.
Unsafe abortion is a preventable phenomenon and continues to be a major public health problem in many countries especially in the developing world. I am grateful to my colleague, prof loot pretorius, for his comments on an earlier draft of this article. Unsafe abortions on the rise across africa national. Barriers to safe and legal abortion in south africa amnesty. Safe abortion clinics in south africa that offer safe abortion services by trained medical professionals. Abortion is not permitted for any reason in 10 out of 54 african countries. The act allows abortion to save the life of the mother, in cases of severe fetal deformity, in cases or rape or incest, or if the woman is mentally incompetent.
The diverse opinions about abortion originate from several factors that affect attitudes toward abortion. This act therefore repeals the restrictive and inaccessible provisions of the abortion and sterilization act, 1975 act no. Thirteen percent of all pregnancies in africa ended in abortion in 2008. Abortion attitudes in south africa and the united states. In 1996, the south african choice on termination of pregnancy ctop. The medical history of abortion in south africa, c. South africa, different laws have been introduced and challenged by a variety of conflicting and complementary narratives. Despite abortion being legal for 23 years, theres st.
This is a nationally representative survey conducted annually and sampled from 500 census enumeration areas stratified by province. South africa and abortion on december 11, 1996, south africa enacted the choice on termination of pregnancy act. Abortion in legal, social, and healthcare contexts jeanne marecek swarthmore college, usa catriona macleod rhodes university, south africa lesley hoggart open university, uk worldwide, abortion is one of the commonest gynaecological procedures sedgh et al. C ngwena conscientious objection and legal abortion in south africa. Barriers to safe and legal abortion in south africa. The laws of countries in this category permit abortion on the basis of health or therapeutic grounds. Abstract the south african transition to democracy enabled successful claims for gender equality and reproductive rights in the constitution and in. The 1975 abortion and sterilisation act asa1 was the first statute to regulate abortion in south africa. Pdf this book shares 11 country studies plus a comparative analysis of factors influencing effective advocacy. Nov 09, 2016 a few weeks before the choice on termination of pregnancy act 92 of 1996 top, which allowed abortion on demand for the first time in south africa, was passed 20 years ago this month, archbishop denis hurley sounded a warning in a speech published in the southern cross. Abortion, reproductive rights and the possibilities of. An argument for foetal protection within a framework of legal. The reasons why it may be especially important, specifically for south african women, to easily access abortion facilities will be considered. 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.
Countries in bold explicitly permit abortion to preserve the womans mental health. 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. Africa check looks at the claim by mp cheryllyn dudley that there are 200,000 abortions a year in south africa, and many of these are repeat abortions. Bivariate analyses of reporting abortion is always wrong in south africa in 20 ii. Justification of abortion in west africa and interplay of sociodemographic predictors. Everyone has the right to have access to health care, including reproductive health care, emphasis added. This section describes the difference between contexts and meanings of abortion that surrounded the passage of both the 1975 abortion and sterilisation act and the ctopa, and explores the conditions under. Access to safe abortion as a human right in the african region. Section 4 deals with the special importance of freedom of access to abortion facilities in south africa. 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. Health care providersl perceptions of and attitudes towards induced. Attitudes toward abortion in a sample of south african female university students c j. Selfinduced or illegal abortion procedures are often seen as a way to keep it secret. The common occurrence of abortion around the globe, however.
Their study found that 400 women in sa died from having unsafe abortions in 1994. Professor, centre for human rights, faculty of law, university of pretoria, south africa. How abortion became legal in sa the southern cross. Abortion 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. Claiming and defending abortion rights in south africa. Despite abortion being legally available in south africa after a change in legislation in 1996, barriers to accessing safe abortion services continue to exist. Advocating access for abortion access wits university. The number of deaths from unsafe abortions is rising in africa women who experience unsafe abortions and. Where abortion is illegal or inaccessible, the search for abortion humiliates women and undermines their selfrespect and dignity. Abortion has been legal in south africa for decades.
Abortion represents a womans moment of last resort. Pdf attitudes toward abortion in a sample of south african. This act gives women of any age or marital status access to abortion services upon request during the first 12 weeks of pregnancy, and in certain cases, extends access to the first 20 weeks of pregnancy. Justification of abortion in west africa and interplay of. To make an appointment for a safe abortion book online or call us on 0800 11. Zambia permits abortion for health and socioeconomic reasons, whereas cape verde, south africa and tunisia permit abortion with. Dec 15, 2011 still, in all of subsaharan africa, abortion is legal only in cape verde and south africa. Aug 17, 2017 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. Table i individuals convicted for criminal abortion in south africa.
147 258 912 92 161 242 842 542 312 1490 1517 1483 676 1362 878 466 919 628 942 749 543 1074 854 1110 952 1076 1199 1462 1176 125 772 208 611 667 429 168 599 631