8th Dullah Omar Memorial Lecture
Reproductive Rights
Background and Current Research
The South
African Constitution expressly guarantees every person the right to
reproductive autonomy. One of the most significant efforts to
concretise this right was the adoption of the
Choice on Termination of Pregnancy Act in 1996. This Act provided
pregnant women with a far wider range of choices than before.
During 1998, the legislation was subjected to a constitutional challenge when the Christian Lawyers Association alleged that the legislation violated the right to life of the unborn foetus.
The Reproductive Rights Alliance (of which the Gender Project is a member) participated in the litigation. The Documentation Centre provided assistance by compiling an information pack on reproductive rights materials for use by the Alliance's legal representatives. In its judgement, the Pretoria High Court eventually held the challenge to the Act to be unfounded.
The Christian Lawyers Association has subsequently launched a new challenge to the Act arguing against a minor's right to exercise her choice to terminate a pregnancy. It requires the consent of her parents or guardian before a decision is made to have an abortion, alternatively it requires her to consult with her parents before making the decision, and prohibiting the abortion in the case where a girl fails to obtain such consent. The case is pending in the High Court.
In June 2000, the Parliamentary Portfolio Committe on Health conducted public hearing to assess the first three years of implementation of the Choice on Termination of Pregnancy Act. The Gender Project, in association with Sonnenberg's Gender Law Unit, presented a submission which focused on the issue of governmental resource allocation to ensure that women have access to safe and legal terminations of pregnancy. On 7 and 8 May 2002, the Parliamentary Portfolio Committe on Health and the Reproductive Rights Alliance organised the second Oversight Hearings on the Implementation of the Choice on Termination of Pregnancy Act.
The Gender Project aims to extend the research with the purpose of establishing whether sufficient resources are being allocated to ensure that women have adequate access to services and also to ensure the progressive realisation of the right to reproductive health care. The research on budget allocations for designated termination of pregnancy sites will be completed by December 2002. Any contributions and comments on this area for insertion into the report are welcome.
During 1998, the legislation was subjected to a constitutional challenge when the Christian Lawyers Association alleged that the legislation violated the right to life of the unborn foetus.
The Reproductive Rights Alliance (of which the Gender Project is a member) participated in the litigation. The Documentation Centre provided assistance by compiling an information pack on reproductive rights materials for use by the Alliance's legal representatives. In its judgement, the Pretoria High Court eventually held the challenge to the Act to be unfounded.
The Christian Lawyers Association has subsequently launched a new challenge to the Act arguing against a minor's right to exercise her choice to terminate a pregnancy. It requires the consent of her parents or guardian before a decision is made to have an abortion, alternatively it requires her to consult with her parents before making the decision, and prohibiting the abortion in the case where a girl fails to obtain such consent. The case is pending in the High Court.
In June 2000, the Parliamentary Portfolio Committe on Health conducted public hearing to assess the first three years of implementation of the Choice on Termination of Pregnancy Act. The Gender Project, in association with Sonnenberg's Gender Law Unit, presented a submission which focused on the issue of governmental resource allocation to ensure that women have access to safe and legal terminations of pregnancy. On 7 and 8 May 2002, the Parliamentary Portfolio Committe on Health and the Reproductive Rights Alliance organised the second Oversight Hearings on the Implementation of the Choice on Termination of Pregnancy Act.
The Gender Project aims to extend the research with the purpose of establishing whether sufficient resources are being allocated to ensure that women have adequate access to services and also to ensure the progressive realisation of the right to reproductive health care. The research on budget allocations for designated termination of pregnancy sites will be completed by December 2002. Any contributions and comments on this area for insertion into the report are welcome.