Women’s right to abortion versus paternal rights in South Africa
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Date
2024
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Publisher
Universty of the Western Cape
Abstract
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.
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Keywords
Abortion, legalisation, paternal rights, women’s rights, South Africa