Until it is amended, healthcare practitioners should use the constitutional best interests of the child principle as interpreted by the childrens act when deciding whether or not to terminate the pregnancy of a child in the third trimester. Cohen and parry 1981 stated that changing the law doesnt cure social ills, it merely removes legal encumbrances, and this holds true for abortion p. Jan 31, 2019 the medical termination of pregnancy amendment act, 2002 the changes that were made by this act included changing the word lunatic to mentally ill in all the sections. Choice on termination of pregnancy amendment bill b722003. Choice on termination of pregnancy act, 1996, as amended by the choice on termination of pregnancy amendment act, 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 provisions of the choice act for the third trimester of pregnancy are more onerous than the former abortion act and violate the constitutional rights of girls and. Download a pdf copy of choice on termination of pregnancy act, 1996, act no.
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 members or friends before the pregnancy is terminated. Notification of termination of pregnancy form 1 shall be submitted in duplicate by the medical practitioner or registered midwife who is performing the. Section 1, 3, 710 amended by criminal law sexual offences and related matters amendment act 32 of 2007 from 16 dec 2007. The medical termination of pregnancy act, 1971 act no. Choice on termination of pregnancy amendment act 1 of 2008. Choice on termination of pregnancy amendment act, 2008. However, the realities on the ground are a stark contrast to what the act envisioned. Circumstances in which and conditions under which pregnancy may be terminated. Choice on termination of pregnancy act south african. In the summer of 2017, the supreme court of india denied permission to abort a 26weekold foetus, detected with down syndrome at 22 weeks, to a family which already had a child with special needs, on the grounds that the 20week mark specified in the medical termination of pregnancy act of 1971 had been crossed. Consent and confidentiality issues david mcquoidmason while the choice on termination of pregnancy act1 choice act allows a female of any age to consent to a termination of pregnancy,2 there are other statutes, such as the child care act3 and the childrens act,4 that provide for different ages. Choice on termination of pregnancy act 1996 saflii. South africas abortion provisions center for reproductive.
Choice on termination of pregnancy act south african government. After 22 weeks, 2 doctors must agree the termination is. Choice on termination of pregnancy act, 1996 wikipedia. Choice on termination of pregnancy amendment act no.
Jul 01, 2018 zambia has a termination of pregnancy act that does not define termination of pregnancy, but instead refers directly to abortion throughout the act. The available infrastructure, such as roads, health facilities and communication, is poor. A termination of pregnancy is a medical procedure that is performed to end a pregnancy. Termination of pregnancy bill 2018 part 1 preliminary v12 page 6 authorised by the parliamentary counsel the parliament of queensland enacts part 1 preliminary 1 short title this act may be cited as the termination of pregnancy act 2018. Mr ngculu said he wanted to clarify that the amendments were under discussion and not the principal act.
The impact of the choice on termination of pregnancy act. Aug 14, 2017 south africa implemented its muchcelebrated choice on termination of pregnancy act ctopa in 1997, which strongly supports a womans right to her body her right to have a child or not. In terms of the ctop act act 92 of 1996, termination of pregnancy services can be accessed on request by a woman during. The changes that were made by this act included changing the word lunatic to mentally ill in all the sections. To determine the circumstances in which and conditions under which the pregnancy of a woman may be terminated. The minister of health has, in terms of section 9 of the choice on termination of pregnancy act, 1996 act no. 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.
The implementation of the choice on termination of pregnancy act, act no. To amend the choice on termination of pregnancy act, 1996, so as to amend a definition and to insert others. It amended the criminal code 19 wa code and the health act 1911 wa the health act. Can the consent provisions in the choice on termination of. An evaluation of the implementation of the choice on termination of pregnancy act. 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. To amend the choice on termination of pregnancy act, 1996, so as to amend adefinition and to insert others.
The medical termination of pregnancy amendment act, 2002. The choice on termination of pregnancy amendment act 1 of 2008 was assented to on 12 february 2008 and promulgated on 18 february 2008. It is hereby notified that the president has assented to the following act which is hereby published for general information. Legislation act choice on termination of pregnancy amendment 2008. Notification of termination of pregnancy by person in charge of facility 4. The answer to the question as to whether in emergency situations, when there is no time for the procedures in the childrens act no. 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. Act to amend the choice on termination of pregnancy act, 1996, so as to amend a definition and to insert others. According to the guttmacher institute, a nonprofit concerned with reproductive health, south africa has.
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. Place where termination of pregnancy may take place 3. It is not clear how many people are utilising this service. Parliament has established a process through which it monitors the implementation of the choice on termination of pregnancy act, 1996.
He also said the issue under discussion was not abortion but the choice of termination of pregnancy. Deciding to end a pregnancy is a personal decision, which can be made for a range of reasons. This aette is also available free online at a 6 no. Abortion and the law summary in may 1998 the acts amendment abortion act 1998 wa was enacted. Abortion should be available to all women, upon request, up to 14 weeks. African choice on termination of pregnancy act ctop no. South africa was not a religious or christian state but a secular state. This act is called the choice on termination of pregnancy amendment act, 2. Mthatha is a povertystricken area with a high rate of illiteracy. Choice on termination of pregnancy act, 1996 act no. The choice on termination of pregnancy act of 1996 act 92 of 1996 allows abortions to be legally carried out in south africa. Medical termination of pregnancy act, 1971 and its recent. Dec 01, 2003 the ultimate aim of the choice on termination of pregnancy act, 1996 is to prevent morbidity from unwanted pregnancy, and to make top services available and accessible to all women, especially those in rural areas.
About the choice on termination of pregnancy act synonym. Mentally ill person means a person who is in need of treatment by reason of any mental disorder other than mental retardation. 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. Pdf the choice on termination of pregnancy act, 1996.
Up to 22 weeks, a woman can request a termination of pregnancy for any reason. Albertyn notes that the latter transformed the legal framework for abortion from limited access, defined by race and class and policed by medical necessity and the 2019 the authors. Termination of pregnancy health and wellbeing queensland. To determine the circumstances in which and conditions under which the pregnancy of a woman may. The choice on termination of pregnancy act, 1996 act no. This act replaced a 1975 law that severely curtailed access to abortion services by requiring a physicians. Constitutional court declared the choice on termination of pregnancy amendment act 38 of 2004 inconsistent with the constitution.
All these were interventions to acknowledge and protect womens rights which are basically human rights. The provisions of the choice act for the third trimester of pregnancy are more onerous than the former abortion act and violate the constitutional rights of girls and women who face a serious threat to their physical or mental health or have been raped or subjected. 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. The minister of health has, in terms of section 9 of the choice on termination of pregnancy act, 1996 act. South africa was not a religious or christian state but a. From 14 to 24 weeks, abortion should be available under certain conditions. International human rights norms and the south african. The following section is hereby substituted for section 3 of the principal act. Pdf an evaluation of the implementation of the choice on. South africa implemented its muchcelebrated choice on termination of pregnancy act ctopa in 1997, which strongly supports a womans right to her body her right to have a child or not. An argument for foetal protection within a framework of legal. The choice on termination of pregnancy act1 hereafter referred to as the choice act allows a female of any age to consent to a termination of pregnancy. Amended by choice on termination of pregnancy amendment act 1 of 2008 from 18 feb 2008.
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. C pickles terminationofpregnancy rights and foetal. Pdf on jan 1, 2002, kim dicksontetteh and others published an evaluation of the implementation of the choice on termination of pregnancy act find, read and cite all the research you need on. Choice on termination of pregnancy act parliament of south africa. Bill memorandum pdf original part 1 bill a part 1 bill b part 1 draft bill. The impact of the choice on termination of pregnancy act of. After being provided with nondirective counselling and advised to consult with her parents, guardian, family members or the choice on termination of pregnancy act choice act allows a female of any age to consent to a termination of pregnancy, but. An argument for foetal protection within a framework of. Mentally ill person means a person who is in need of treatment by reason of. Zambia has a termination of pregnancy act that does not define termination of pregnancy, but instead refers directly to abortion throughout the act.
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