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HomeBio-EthicsSA NGOs gear up against anti-abortion Bill

SA NGOs gear up against anti-abortion Bill

The Treatment Action Campaign and Section 27 say they are opposing a new Bill by the African Christian Democratic Party that insists women who want an abortion must have ultrasounds first. The Times reports that the Bill was written by MP Cherrylyn Dudley‚ under advice from conservative group Doctors for Life.

The Bill wants the law to change so that women may no longer qualify for an abortion after 12 weeks‚ if their social and economic circumstances mean they cannot have the child. It also wants counselling of women wanting an abortion to be mandatory rather than voluntary. The counselling could include making the woman look at pictures or photos of foetuses.

The report says in South Africa‚ abortion is legal until 12 weeks and then from 12 to 20 weeks if a mother's social and economic circumstances do not allow it‚ as well as if the pregnancy endangers the mother's health or if the foetus is not developing properly or if the child was conceived as a result of rape. But the new Bill wants to remove the clause about social and economic circumstances saying doctors cannot judge if these are affecting the women asking for an abortion.

The Treatment Action Campaign and Section 27 say forcing a woman to look at photographs of babies or foetuses would "introduce fear and shame into the counselling process". They also say the lack of ultrasounds in clinics across the country would mean abortions couldn’t take place limiting their access for women.

The report says the period for comment on the Bill closed on Friday. The Bill will then be modified and introduced into a parliamentary private members committee for debate in which more comments can take place. Section 27 and the Treatment Action Campaign made joint submissions opposing the Bill.

The two groups said: "It is our view that the proposed amendment to the draft Bill aims to limit women’s ability to access safe abortions in health facilities around the country. This would therefore limit‚ without justification‚ a woman’s constitutional right to equality; dignity; bodily and psychological integrity‚ which includes the right to make decisions concerning reproduction; privacy; and access to healthcare services‚ including reproductive healthcare."

According to the report, the two groups say the bill will not pass constitutional muster in court. "We therefore strongly recommend that this private member’s Bill be rejected by Parliament."

 

The Huffington Post reports that some women's rights organisations say the Bill does not, amongst other things, take into consideration different circumstances that may lead to a woman wanting an abortion past the 12th week. For example, a pregnancy out of sexual assault that a woman may not wish to see through, the financial position of the mother which may render her unable to support a new infant and an unwanted, unplanned pregnancy found later than the 12th week.

Access to health care facilities with ultrasound machines and access to counselling services for women living in marginalised areas is also a real challenge some feel the Bill does not fully consider. The concern is that this may force women to seek backstreet abortions.

"Instead of this proposal by ACDP, we should be directing our energy towards enhancing access and women's lives and health," said Amandla.mobi's petition against the Bill.

The report says some women who disagree with the amendment have taken to social media, encouraging other women to sign the petition.

 

The ACDP’s new amendment Bill to the CTOPA is evidence of the continued attempts to undermine the reproductive rights of women, as enshrined in the Constitution, writes Professor Eddie Mhlanga in a Health-e News report. He has called on medical schools to address students’ bias against abortion and teach them how to remedy botched procedures. Mhlanga, who is the provincial specialist of obstetrics and gynaecology, Mpumalanga Department of Health, and formerly the chief director of the maternal, child, and women’s health unit, National Department of Health and a member of the National Committee on the Confidential Enquiry into Maternal Deaths, writes: “The ACDP Bill aims to compel all women to have an ultrasound and counselling on alternatives before being allowed an abortion. Interestingly, previous legal attempts to find constitutional fault with the CTOPA have not succeeded.

“The stigma attached to TOP manifests itself in various ways. One of the most unfortunate ways is when many healthcare providers refuse to perform and participate in TOP procedures, citing ‘conscientious objection’.

“Conscientious objection is a right given to all South Africans by the Constitution, which enshrines the freedom of conscience, belief and opinion. Healthcare providers can ‘conscientiously object’ to performing a TOP, but they are obliged to inform a woman of her reproductive right to terminate her pregnancy according to the Act, and provide the necessary information on how and where this right can be exercised.

“Additionally, conscientious objection does not apply in circumstances where a woman’s life or health is at immediate risk. Regrettably, it remains unregulated and thus is much abused due to a lack of clear policy guidelines.

“Now, worryingly, conscientious objection to termination of pregnancy procedures is beginning to creep into medical and nursing education and training. This has serious implications for women’s health, as it creates a shortage of healthcare providers who have the requisite training and knowledge to provide these services as well as pre- and post-procedure care.

“This shortage, in turn, has led to an increase in illegal and unsafe abortions and delays in women accessing services, often resulting in serious complications and deaths of thousands of women in this country.

“In fact, estimates from a 2012 study suggest that approximately 63% of all abortions performed in South Africa every year are unsafe, causing about 26% of all maternal deaths in the country.

“While as citizens, health workers have every right to object based on their conscience, there is an expectation that the rights and needs of their patients, especially in the public sector, come first and foremost.

“As a critical step to address conscientious objection, medical schools need to urgently include training on emergency management of complications of unsafe TOP procedures in their curriculum. Equally importantly, all students should learn to perform procedures, even if they consider them to be morally wrong, as they may still be required to perform them in emergency situations or when no referrals can be provided.

“Medical and nursing students should also be encouraged to reflect on their bias against TOP services by undertaking values clarification training, which was originally developed as part of moral education in schools, but has since been widely adapted to such diverse topics as career counselling and decision-making, and sexual and reproductive health.

“Various organisations such as Women’s Health Project, Planned Parenthood Association of South Africa (PPASA) and Ipas have run TOP values clarification and attitude transformation workshops in South Africa, with the aim of creating a more enabling environment for TOP service provision. Such trainings are beneficial as they help health professionals to identify and analyse their values relating to TOP services in the context of their professional roles and responsibilities.

“CTOPA is a significant step forward for women’s reproductive rights and health, and for overall public health in South Africa. However, the momentum for realising the full extent of this very progressive law may be entirely lost if there aren’t enough trained health professionals to enact it.

“For us to build on the promise of CTOPA, we need effective strategies that are carefully implemented and monitored. We urgently need a comprehensive and national undertaking to improve TOP training and service delivery, which must involve private and public practitioners, government, academic training, research institutions, and other development partners.

“While political will is an absolute necessity to return to women their right to their body, it is equally important for South Africa to build a generation of doctors and health practitioners who consider it their moral right to save, protect and promote the lives and health of women.”

[link url="https://www.timeslive.co.za/politics/2017-08-15-tac-and-section-27-oppose-acdp-abortion-bill/"]The Times report[/link]
[link url="http://www.huffingtonpost.co.za/2017/08/09/public-outcry-over-a-bill-that-would-change-the-way-women-access_a_23071836/"]The Huffington Post report[/link]
[link url="https://www.health-e.org.za/2017/08/14/abortion-health-workers-undermining-womens-rights/"]Health-e News material[/link]

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