Theme 4 Flashcards
What act governs abortions in South Africa?
In South African law termination of pregnancy is governed by the Choice on Termination of Pregnancy Act 92 of 1996.
Why can there be legal termination of pregnancy in South Africa?
Legal termination of pregnancy is due to the fact that a right can only be held by a legal person and there is no legal person before birth, the termination of a pregnancy is not the termination of a legal personality or an infringement of the rights of a legal person.
What does section 2(a) of the CoToP Act state?
According to section 2(a) of the Choice of Termination Act, a pregnancy may be terminated upon request of a woman during the first 12 weeks of her pregnancy.
What does section 2(b) of the CoToP Act state?
Section 2(b) states from the 13th week to the 20th week a pregnancy may be terminated after a consultation if the medical officer believes that such as a risk to her health, the foetus would suffer from a severe abnormality, the pregnancy resulted from rape or incest, the pregnancy would affect her social or economic circumstances of the women.
What does section 2(c) of the CoToP Act state?
Section 2(c) states that after the midpoint (20 weeks) a pregnancy may be terminated only under extreme circumstances. Where termination is prohibited the mother’s rights to privacy, freedom and security of the person, dignity and freedom of religion, belief and opinion are potentially curtailed in the interest of society in general.
What was stated in Roe v Wade?
In Roe v Wade the United States Supreme Court stated that late termination should be prohibited in order to protect the state and the communities interest in the potential human life of the foetus.
What does section 2(2) of the CoToP Act state?
According to section 2(2) of the Choice of Termination of Pregnancy Act the termination of a pregnancy may only be carried out by a medical practitioner after the 12th week, before the 12th week it may also be carried out by a registered midwife who has completed the prescribed training course.
What does section 5 of the CoToP Act state?
According to section 5 of the Choice of Termination Act the termination of a pregnancy may only take place with the informed consent of the pregnant woman and no other consent is needed unless specific circumstances arise
What does section 10 of the CoToP Act state?
According to section 10 any person who is not a medical practitioner, a registered midwife, prevents the lawful termination of a pregnancy and terminates a pregnancy at a facility not approved shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 10 years.
What does section 5(3) of the CoToP Act state?
According to section 5(3) in the case of a pregnant minor, a medical practitioner or a registered midwife shall advise such minor to consult with her parents, guardian, family members or friends before the pregnancy is terminated.
When is the consent of the women not enough?
According to section 5(4) consent of a woman is not enough when the woman is:
- Severely mentally disabled and incapable of understanding the consequences of the termination
- Is in a state of continuous unconsciousness and there is no reasonable prospect that she will regain consciousness in time to request and consent to the termination
In the case of continuous unconsciousness when can a termination can be requested?
In the case of continuous unconsciousness, a termination can be requested according to section 5(4) of the Choice of Termination of Pregnancy Act upon:
- The request of a spouse, natural guardian or legal guardian
- Upon the request and with the consent of her curator personae and the specific medical practitioner or a registered midwife
When up to the 20th week can practitioners agree with guardians to abort the child?
According to section 5(5) where two medical practitioners or a medical practitioner and a registered midwife agree with the consent of the woman’s guardian, they can abort the child if during the period up to and including the 20th week of the gestation period of a pregnant woman the continued pregnancy would pose: a risk of injury to the woman’s physical or mental health, a substantial risk that the fetus would suffer from a severe physical or mental abnormality
When after the 20th week can practitioners agree with guardians to abort the child?
According to section 5(5) where two medical practitioners or a medical practitioner and a registered midwife agree with the consent of the woman’s guardian, they can abort the child after the 20th week of the gestation period of a pregnant woman the continued pregnancy: would endanger the woman’s life, would result in a severe malformation of the fetus, would pose a risk of injury to the fetus
What does section 10(1)(a)-(b) of the Choice Act deal with?
Section 10(1)(a) -(b) deals with the termination by an unregistered midwife or not a medical practitioner.
