9.13 Abortion - Legal And Ethical Aspects

Question 1

When can a woman have a TOP without any restrictions

Answer 1

Up to 11 weeks and 6 days

Question 2

What are the restrictions for a woman to have a TOP between 12-20 weeks?

Answer 2

Fom the 13th up to and including the 20th week of the gestation period if a medical practitioner, after consultation with the pregnant woman, is of the opinion that

1. the continued pregnancy would pose a risk of injury to the woman’s physical or mental health; or
2. there exists a substantial risk that the fetus would suffer from a severe physical or mental abnormality; or
3. the pregnancy resulted from rape or incest; or
4. the continued pregnancy would significantly affect the social economic circumstances of the woman; or (most common)

Question 3

What are the restrictions for TOP after 20 weeks?

Answer 3

after the 20th week of the gestation period if a medical practitioner, after consultation with another medical practitioner or a registered midwife, is of the opinion that the continued pregnancy—
(i) would endanger the woman’s life;
(ii) would result in a severe malformation of the fetus; or
(iii) would pose a risk of injury to the fetus

Question 4

Name examples of ethical theories

Answer 4

• consequentialism
• duty based
• virtue
• comminitarianism
• feminist

Question 5

Name the 4 ethical principles

Answer 5

• autonomy
• beneficence
• non-maleficence
• justice

Question 6

Define conscientious objection

Answer 6

• “to object in principle to a legally required or permitted practice.” -New Dictionary of Medical Ethics,“
• “it is ethical for a doctor, by reason of his own beliefs, to refuse to intervene in the process of termination of pregnancy, and to suggest consultation of other doctors.” -The European Code of Medical Ethics

Question 7

With conscientious objection what does the doctor still have to do even though they don’t want to do the abortion?

Answer 7

Set out professional duties
- they must provide counselling (non-directive) including information concerning available facilities/appropriate referrals
- Right does NOT extend to attempts to prevent other health care professionals from performing TOP’s

Section 10(1)(c) of the CTOP Act
“any person, who prevents the lawful termination of pregnancy or obstructs access to a facility for the termination of pregnancy, shall be guilty of an offence and liable on conviction to a fine / imprisonment for a period not exceeding 10 years.”