Choice on termination of pregnancy amendment act, 2008. 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. Notification of termination of pregnancy by person in charge of facility 4. Choice on termination of pregnancy act, 1996 act no. International human rights norms and the south african. C pickles terminationofpregnancy rights and foetal. After section 319 insert 319a termination of pregnancy performed by unqualified person 1 an unqualified person who performs a termination on a woman commits a crime. This act replaced a 1975 law that severely curtailed access to abortion services by requiring a physicians. An argument for foetal protection within a framework of legal. Termination of pregnancy act national assembly of zambia. This aette is also available free online at a 6 no.
Pdf an evaluation of the implementation of the choice on. Section 1, 3, 710 amended by criminal law sexual offences and related matters amendment act 32 of 2007 from 16 dec 2007. The choice on termination of pregnancy act, 1996 act no. He also said the issue under discussion was not abortion but the choice of termination of pregnancy. Act to amend the choice on termination of pregnancy act, 1996, so as to amend a definition and to insert others. This act is called the choice on termination of pregnancy amendment act, 2. An act to change the law relating to abortion by defining the circumstances in which a pregnancy may be terminated and to provide for matters incidental to or connected with the foregoing. 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. The available infrastructure, such as roads, health facilities and communication, is poor. South africa was not a religious or christian state but a secular state. To amend the choice on termination of pregnancy act, 1996, so as to amend adefinition and to insert others. Bill memorandum pdf original part 1 bill a part 1 bill b part 1 draft bill. 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. 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.
Substantive parts of the text of the new law are reproduced here, together with a commentary on its contents. Circumstances in which and conditions under which pregnancy may be terminated. In november 1996, the choice on termination of pregnancy bill was enacted by the south african parliament. Zambia has a termination of pregnancy act that does not define termination of pregnancy, but instead refers directly to abortion throughout the act. Pdf the choice on termination of pregnancy act, 1996. African choice on termination of pregnancy act ctop no. Parliament has established a process through which it monitors the implementation of the choice on termination of pregnancy act, 1996. Also, the principal act currently provides that a pregnancy may be terminated from the th up to and including the 20th week of the gestation period if a medical. Choice on termination of pregnancy act, 1996 gt shop. Choice on termination of pregnancy amendment act no. The minister of health has, in terms of section 9 of the choice on termination of pregnancy act, 1996 act no. To determine the circumstances in which and conditions under which the pregnancy of a woman may. Letter to all those involved in providing and commissioning treatment for termination of pregnancy. This act therefore repeals the restrictive and inaccessible provisions of the abortion and sterilization act, 1975 act no.
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. All these were interventions to acknowledge and protect womens rights which are basically human rights. Can the consent provisions in the choice on termination of. 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. About the choice on termination of pregnancy act synonym. South africa was not a religious or christian state but. 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. In terms of the ctop act act 92 of 1996, termination of pregnancy services can be accessed on request by a woman during.
Amended by choice on termination of pregnancy amendment act 1 of 2008 from 18 feb 2008. South africas abortion provisions center for reproductive. Medical termination of pregnancy act, 1971 and its recent. Choice on termination of pregnancy act south african government. A termination of pregnancy is a medical procedure that is performed to end a pregnancy. To determine the circumstances in which and conditions under which the pregnancy of a woman may be terminated. It permits termination under medical supervision, generally up to 12 weeks gestation, and later if pregnancy poses a. Choice on termination of pregnancy amendment act 1 of 2008. An evaluation of the implementation of the choice on termination of pregnancy act. Instead, she has the right to free, nontherapeutic termination of pregnancy in a safe environment, a right which exists up to the end of. Deciding to end a pregnancy is a personal decision, which can be made for a range of reasons. Choice on termination of pregnancy act 1996 saflii.
The impact of the choice on termination of pregnancy act of. 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. 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. Mthatha is a povertystricken area with a high rate of illiteracy. The legislation guaranteed women of all ages the right to seek an abortion during the first 12 weeks of pregnancy. Termination of pregnancy health and wellbeing queensland. The amendment being proposed by ms dudley was imposing more cautious requirements for additional counselling and additional information, which was currently not provided for in the choice on termination of pregnancy act the act or the constitution. Health care providers should be supported to provide quality termination of pregnancy services. 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. The following section is hereby substituted for section 3 of the principal act. The law also allows women to obtain abortions up until 20 weeks in certain circumstances such as rape, incest or economic hardship provided two healthcare providers agree to it. Mr ngculu said he wanted to clarify that the amendments were under discussion and not the principal act.
Place where termination of pregnancy may take place 3. According to the guttmacher institute, a nonprofit concerned with reproductive health, south africa has. 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. The choice on termination of pregnancy amendment act 1 of 2008 was assented to on 12 february 2008 and promulgated on 18 february 2008. Choice on termination of pregnancy amendment 2008 sabinetlaw. 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. Health regulation of termination of pregnancy act 2018. Up to 22 weeks, a woman can request a termination of pregnancy for any reason.
An argument for foetal protection within a framework of. 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. 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 choice on termination of pregnancy act of 1996 act 92 of 1996 allows abortions to be legally carried out in south africa. Mentally ill person means a person who is in need of treatment by reason of any mental disorder other than mental retardation. Constitutional court declared the choice on termination of pregnancy amendment act 38 of 2004 inconsistent with the constitution. Notification of termination of pregnancy form 1 shall be submitted in duplicate by the medical practitioner or registered midwife who is performing the. The implementation of the choice on termination of pregnancy act, act no.
There was no provision for termination of pregnancy top for unplanned pregnancy until 1994 when the choice on termination of pregnancy ctop act. Download a pdf copy of choice on termination of pregnancy act, 1996, act no. In an effort to reduce abortion related deaths, south africa legalized abortion in 1996, through the choice in termination of pregnancy act, which gives women, regardless of age or marital status, the. 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. It is hereby notified that the president has assented to the following act which is hereby published for general information. The choice on termination of pregnancy act 92 of 1996 as amended top. Choice on termination of pregnancy amendment bill b722003. 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. The impact of the choice on termination of pregnancy act. Choice on termination of pregnancy act south african.
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. The medical termination of pregnancy act, 1971 act no. Termination of pregnancy act 2018 queensland government. Choice on termination of pregnancy act, 1996 wikipedia. Choice on termination of pregnancy act 92 of 1996 parliament of. Download a pdf copy of choice on termination of pregnancy amendment act, 2008, act no. Become a member by purchasing acts online membership, acts online membership 1 months, acts online membership 3 months, acts online membership 6 months, acts online membership 12 months, acts online membership 1 day, silver membership or gold membership. 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. 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.
See also the termination of pregnancy act 2018, section 10 in relation to a womans criminal liability for a termination on herself. 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. The impact of legal reform of abortion in south africa. 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. 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.
It is not clear how many people are utilising this service. Legislation act choice on termination of pregnancy amendment 2008. Choice on termination of pregnancy act, 1996, as amended by the choice on termination of pregnancy amendment act, 2008. 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. However, the realities on the ground are a stark contrast to what the act. To amend the choice on termination of pregnancy act, 1996, so as to amend a definition and to insert others. The health regulation of termination of pregnancy act 2018 act no.
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