The Gauteng Department of Health has been ordered by the courts to take action after a pregnant teenager was denied access to termination of pregnancy (TOP) services at a public healthcare facility.
In terms of the order, the department must now make arrangements to provide the minor with an abortion by Monday.
This comes after the girl made numerous attempts to have the abortion but was turned away in denial of her rights under the Choice on Termination of Pregnancy Act (CTOPA).
The staff at the primary healthcare facility she had gone to told her the position of the foetus meant she did not qualify for an abortion – but did not refer her to a tertiary hospital. This denial delayed access to the abortion, reports IOL.
Non-profit organisation SECTION27, which was a respondent in the case, has welcomed the court’s order. “The CTOPA provides that women and girls are legally permitted to obtain a TOP up to and including in the 20th week of pregnancy, on non-medical grounds. The girl is now 20 weeks and four days’ pregnant, with only two days remaining to obtain the TOP lawfully,” it said.
According to Section27, the Gauteng Department of Health and the HoD failed to fulfil their constitutional obligation under section 27(1)(a) of the Constitution, stating that “everyone has the right to access healthcare services, including reproductive healthcare”.
“Girls and women are entitled to bodily autonomy and to assert their right to sexual and reproductive health. The urgent court’s finding is an important step in securing a TOP in terms of section 2(1)(b) of the CTOPA,” it said.
IOL article – Joburg High Court orders Gauteng Health to abort teenager’s pregnancy (Open access)
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