Choice of termination of pregnancy act 92 of 1996 pdf

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. 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. Amended by choice on termination of pregnancy amendment act 1 of 2008 from 18 feb 2008. To determine the circumstances in which and conditions under which the pregnancy of a woman may. Mthatha is a povertystricken area with a high rate of illiteracy. People who work in a health facility, who provide health services or ancillary services such as administrative, catering and security staff. The preamble of the act states that the constitution protects the rights of persons to make decisions concerning reproduction and to security in and. In south africa, a woman of any age can get an abortion on request with no reasons given if she. The choice on termination of pregnancy act 92 of 1996 the purpose of the act and the harm it aims to address 2. 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. Pdf the choice on termination of pregnancy act, 1996. Constitutional court declared the choice on termination of pregnancy amendment act 38 of 2004 inconsistent with the constitution.

The available infrastructure, such as roads, health facilities and communication, is poor. 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. The choice on termination of pregnancy act of 1996 act 92 of 1996 allows abortions to be legally carried out in south africa. It is hereby notified that the president has assented to the following act which is hereby published for general information. Section 1 of the choice on termination of pregnancy act, 1996 act no. Choice on termination of pregnancy act south african. South africas 1996 choice on termination of pregnancy act. It is not clear how many people are utilising this service.

Pdf the impact of the choice on termination of pregnancy. South africa is in the process of successfully balancing the conflicting notions of female reproductive rights and foetal interests. South africa passed another large hurdle in womens rights on february 1, 1997, when the south african choice on termination of pregnancy act hereinafter 1996 abortion act went into effect. 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. Place where termination of pregnancy may take place 3. The choice on termination of pregnancy act, 1996 act no. According to jewkes 2005 worldwide, unsafe abortion is recognised as a leading cause of maternal death, causing % of pregnancy related mortality. Amendment of section 1 of act 92 of 1996, as amended by section 68 of act 32 of 2007 and section 1 of act 1 of 2008 1. Choice on termination of pregnancy act, 1996 act no.

Choice on termination of pregnancy act updated to 18 february 2008 act 92 of 1996 gon 1891, g. About the choice on termination of pregnancy act synonym. Choice on termination of pregnancy amendment act no. Choice on termination of pregnancy act, no 92 of 1996 is a relevant piece of legislation for women requiring abortion on demand, it is still insufficient in ensuring that holistic treatment is made available to women. 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. Circumstances in which and conditions under which pregnancy may be terminated. To determine the circumstances in which and conditions under which the pregnancy of a woman may be terminated. 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.

According to the guttmacher institute, a nonprofit concerned with reproductive health, south africa has. The choice on termination of pregnancy amendment act 1 of 2008 aims. Head of department means the head of a provincial health. Act to determine the circumstances in which and conditions under which the pregnancy of a woman may be terminated. The act prescribes the conditions under which the choice may be made.

The south african choice on termination of pregnancy act 92 of 1996 gives women the right to voluntary abortion on request. The following section is hereby substituted for section 3 of the principal act. Beginning and end of legal personality flashcards quizlet. Section 1 of the choice on termination of pregnancy act, 1996 hereinafter referred to as the principal. 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. Choice on termination of pregnancy amendment act 1 of 2008. Terminationofpregnancy rights and foetal interests in. The minister of health has, in terms of section 9 of the choice on termination of pregnancy act, 1996 act no. Choice on termination of pregnancy act, 1996 wikipedia. The impact of the choice on termination of pregnancy act.

Choice on termination of pregnancy act 92 of 1996 parliament of. Bill to amend the choice on termination of pregnancy act 92 of 1996, as amended by the choice on termination of pregnancy. 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. Section 1, 3, 710 amended by criminal law sexual offences and related matters amendment act 32 of 2007 from 16 dec 2007. Choice on termination of pregnancy act south african government. International human rights norms and the south african. 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. 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. An argument for foetal protection within a framework of. The implementation of the choice on termination of pregnancy act, act no. The answer to the question as to whether in emergency situations, when there is no time for the procedures in the childrens act no. Act does not provide for compulsory counselling before or after termination. Notification of termination of pregnancy by person in charge of facility 4.