An argument for foetal protection within a framework of legal. 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. While the 1996 abortion act is applicable to all women in south africa, this note focuses primarily on black south african women and how these women are affected by past discrimination, the current constitution, and the. Section 1, 3, 710 amended by criminal law sexual offences and related matters amendment act 32 of 2007 from 16 dec 2007. This may be both true and untrue in the case of the current liberal abortion law, namely, the 1996 choice on termination of pregnancy act ctopa 9. Choice on termination of pregnancy act, 92 of 19961 as amended ctop act. Terminationofpregnancy rights and foetal interests in continued existence in south africa. Cals submissions on the termination of pregnancy amendment bill. The minister of health has, in terms of section 9 of the choice on termination of pregnancy act, 1996 act. Terminationofpregnancy rights and foetal interests in. Jul 01, 2018 where an urgent caesarian section has to be performed on a pregnant child, and there is no time to comply with these provisions, some doctors have relied on the childs consent alone by applying the third trimester provisions of the choice on termination of pregnancy act no.
The manual aims to assist persons faced with claims of competing constitutional rights in relation to a womans right to exercise reproductive autonomy. C pickles terminationofpregnancy rights and foetal. Head of department means the head of a provincial health. The answer to the question as to whether in emergency situations, when there is no time for the procedures in the childrens act no. All these were interventions to acknowledge and protect womens rights which are basically human rights. Instead, she has the right to free, nontherapeutic termination of pregnancy in a safe environment, a right which exists up to the end of. The choice on termination of pregnancy amendment act 1 of 2008 was assented to on 12 february 2008 and promulgated on 18 february 2008. Overcoming obstacles at ground level, presented at the conference, strategies to overcome poverty and inequality. This act replaced a 1975 law that severely curtailed access to abortion services by requiring a physicians. The purpose of the choice on termination of pregnancy act, 1996 act no.
Pdf terminationofpregnancy rights and foetal interests in. South africas choice on the termination of pregnancy act ctopa, act no 92of 1996 south africa 1996 as amended by act no 1 of 2008south africa 2008 is heralded as one of the most progressive abortion laws in the world. Choice on termination of pregnancy act 92 of 1996 center for. Choice on termination of pregnancy act 92 of 1996 permits termination of pregnancy on demand during first 12 weeks gestation and on several grounds incl socieconomic after that. Polity offers free access to south african legislation, policy documents and daily political news. The choice on termination of pregnancy act, which came into effect on february 1, 1997, permits abortions to be performed upon the womans. The act prescribes the conditions under which the choice may be made. It looks at how legalization of abortion in south africa and the right to freedom of conscience, religion. The choice on termination of pregnancy act of 1996 act 92 of 1996 allows abortions to be legally carried out in south africa.
Choice on termination of pregnancy amendment bill b72b03. In addition the choice on termination of pregnancy act, no 92 of 1996 does not stipulate that pre and post abortion counselling should be a prerequisite to access abortion. Choice on termination of pregnancy act south african. Pdf the impact of the choice on termination of pregnancy. The impact of the choice on termination of pregnancy act of 1996. Within this framework, the choice on termination of pregnancy act 92 of 1998 hereafter the choice act and the constitution of the republic of south africa, 1996 hereafter the constitution will be examined in order to determine whether the choice act is a legislative entrenchment of the tension that arises or whether it. An argument for foetal protection within a framework of. Mthatha is a povertystricken area with a high rate of illiteracy. Choice on termination of pregnancy act, 1996 act no. Circumstances in which and conditions under which pregnancy may be terminated. Provided that the termination of the pregnancy shall not be denied if the natural guardian, spouse, legal guardian or curator personae, as the case may be, refuses to consent thereto.
Beginning and end of legal personality flashcards quizlet. The south african choice on termination of pregnancy act act 92 of 1996 ctop passed by parliament ten years ago, aims to promote female reproductive autonomy through legitimising free. The choice on termination of pregnancy amendment act 1 of 2008 was assented to on 12 february 2008. Acts online provides legislation, including amendments and regulations, in an intuitive, online format.
To determine the circumstances in which and conditions under which the pregnancy of a woman may be terminated. This article is based on, and is an adaptation of a paper titled lived experiences of the choice on termination of pregnancy act 92 of 1996. With acts you are guaranteed the latest and most up to date resource for your legislative needs. The choice on termination of pregnancy act 92 of 1996 embodies a laudable and liberal ideal, namely that the course of a womans life does not have to be determined by her reproductive capacity. The article discusses the right to terminate a pregnancy with reference to the constitution, the choice on termination of pregnancy act 92 of 1996 and relevant case law. Where an urgent caesarian section has to be performed on a pregnant child, and there is no time to comply with these provisions, some doctors have relied on the childs consent alone by applying the third trimester provisions of the choice on termination of pregnancy act no. Can the consent provisions in the choice on termination of.
The choice on termination of pregnancy act 92 of 1996 article pdf available december 2012 with 88. The study concluded that the choice on termination of pregnancy act, no 92 of 1996 was necessary but that inadequate resources hampered provision of holistic services. Amended by choice on termination of pregnancy amendment act 1 of 2008 from 18 feb 2008. The ctop act stipulates that women have the right to access safe and effective methods of fertility control and this extends to ermination of pregnancy rights. The choice on termination of pregnancy act of 1996 act 92 of 1996 had no impact on criminal abortions in the mthatha area of south africa. This paper aims to show that the full extent of the choice on termination of pregnancy act 92 of 1996 choice act is not being realised as a result a number of access barriers within the public healthcare system.
We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. The article discusses the right to terminate a pregnancy with reference to the constitution, the choice on termination ofpregnancy act 92 of 1996 and relevant case law. Choice of termination of pregnancy act 92 of 1996 scribd. South africas 1996 choice on termination of pregnancy act. Gazette memorandum on the objects of the termination of pregnancy bill, 1996 termination of pregnancy bill 18107 16. 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. 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 twentieth week. Choice on termination of pregnancy act 92 of 1996 parliament of.
Instead, she has the right to free, nontherapeutic termination of pregnancy in a safe environment, a right which exists up to the end of the second trimester. Section 1 of the choice on termination of pregnancy act, 1996 hereinafter referred to as the principal act, is hereby amended 5 a by the insertion after the definition of gestation period of the following. Regulations under the choice on termination of pregnancy act, 1996 act no. Choice on termination of pregnancy amendment act no. Amendment of section 1 of act 92 of 1996, as amended by section 68 of act 32 of 2007. The choice on termination of pregnancy act 92 of 1996 the purpose of the act and the harm it aims to address 2. It is hereby notified that the president has assented to the following act which is hereby published for general information to determine the circumstances in which and conditions under which the pregnancy of a woman may be terminated. It is hereby notified that the president has assented to the following act which is hereby published for general information. In terms of the ctop act act 92 of 1996, termination of pregnancy services can be accessed on request by a woman during. Choice on termination of pregnancy amendment act 1 of 2008. Act to determine the circumstances in which and conditions under which the pregnancy of a woman may be terminated. The available infrastructure, such as roads, health facilities and communication, is poor. To determine the circumstances in which and conditions under which the pregnancy of a woman may.
Background the choice on termination of pregnancy act of 1996 act 92 of 1996 allows abortions to be legally carried out in south africa. Lived experiences of the choice on termination of pregnancy. The article seeks to clarify the context of the choice on termination of pregnancy act, 1996 act no. Place where termination of pregnancy may take place 3. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africas leading opinion makers. The impact of the choice on termination of pregnancy act. Jul 14, 2009 the choice on termination of pregnancy act of 1996 act 92 of 1996 allows abortions to be legally carried out in south africa. Choice on termination of pregnancy aci, 1996 3 in the case of a pregnant minor, a medical practitioner or a registered midwife, as the case may be, shall advise such minor to consult with her parents, guardian, family. African choice on termination of pregnancy act ctop no. The following section is hereby substituted for section 8 of the principal act.
This act shall be called the termination of pregnancy act, 1996, and shall come 5 into operation on a date fixed by the president by proclamation in the. Choice on termination of pregnancy act, 1996 wikipedia. Be it enacted by the parliament of the republic of south africa, as follows. It is not clear how many people are utilising this service. An argument for foetal protection within a framework of legal abortion in south africa. Choice on termination of pregnancy act 92 of 1996 the ctopa. The following section is hereby substituted for section 3 of the principal act. The choice on termination of pregnancy act, 1996 act no. South africa is in the process of successfully balancing the conflicting notions of female reproductive rights and foetal interests.
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