Magister Legum - LLM (Public Law and Jurisprudence)

Permanent URI for this collection

https://hdl.handle.net/10566/10405

Browse

Browsing by Subject "Abortion"

Now showing 1 - 2 of 2
  • Thumbnail Image
    Item
    Abortion and the right to life: A case study of South Africa and Germany
    (University of the Western Cape, 2016) Zimmer, Martina; Mezmur, Benyam Dawit; Machaya, Musavengana
    The issue of abortion and the protection of the right to life have been discussed by many academics, yet remains an unresolved topic in many countries. The mere fact that abortion is the deliberate termination of a human pregnancy raises the question, whether or not such an act violates the right to life. Abortion has been legalised in South Africa and Germany. This study explores the area of abortion vis a viz the obligation of South Africa and German under the international and regional human rights instruments to protect the right to life. Notably, the right to life is protected under a plethora of international and regional human rights instruments. At international level, the right to life is protected under Article 3 of the Universal declaration of Human Rights and Article 6 of the International Covenant on Civil and Political Rights. At regional level of the right to life is protected by Article 2 of the European Convention on Human Rights and Article 4 of the African Charter on Human and Peoples� Rights. To give a broad understanding of the meaning, nature and content of the right to life, this mini-thesis shall critically analyse the words used under the above Articles which protect the right to life. Then the paper will endeavour on its main objective which is to determine whether or not the legalisation of Abortion in South Africa and Germany violates the right to life?
  • Thumbnail Image
    Item
    Women’s right to abortion versus paternal rights in South Africa
    (Universty of the Western Cape, 2024) Zweni, Bongumsa; Diala, Anthony C.
    The right to abortion is regulated by various sections of the Constitution, including section 12(2)(a), which provides that everyone has the right to make decisions regarding their reproductive health, as well as section 27. The aforementioned right is further provided for by the Choice on Termination of Pregnancy Act 92 of 1996. This Act was enacted for the sole purpose of regulating the termination of pregnancy in South Africa. Despite the fact that the right to abortion is legally protected, there is great stigmatisation surrounding abortion, women are shunned and shamed for legally seeking an abortion. This unfortunately leads to unsafe abortions performed by unqualified persons at some backroom in Soweto, increasing the number of deaths arising from unsafe abortions. Almost thirty years after the enactment of the Termination of Pregnancy Act. An Act which sought to protect women’s reproductive rights and affirm their right to freedom of choice.