There is sensitivity necessary whenever abortion is discussed. It’s a caution cistern holding a concussion of one nightstand slip ups, failed family planning consequences, juvenile accidents, forceful coitus i.e rape, misunderstood contraceptive options and life threatening conditions. 

The waters within this cistern are salted with tears, guilt, relief and secrecy. A spicy beverage many women have had to drink often alone. We may not always understand the reasons for a termination of pregnancy (TOP) or even agree to those choices, however, the fact is this is a necessary avenue empowering many women and uplifting the right to sexual and reproductive health for men and women. So put on your objective cap and fix your lens of neutrality and be Switzerland for a moment. Just read and see where it takes you.

The famous debate associated with TOP is the “pro-life vs pro-choice” debate. Nevertheless do note we are not writing this article to skew the balance of this choice scale, we write for informative purposes primarily and definitively. So lets start, Termination of pregnancy is a medical practice dating as far back as 1550 BC from ancient Egyptians using abortion inducing herbs. TOP is colloquially known as “ an abortion”. Abortion is sometimes interchangably used with miscarriage.

“(x) “termination of a pregnancy” means the separation and expulsion, by medical or surgical means, of the contents of the uterus of a pregnant woman; (i)” as per Choice to termination of pregnancy act of 1996 ¹

In South Africa, TOP’s  are governed by this act. It states as follows, 

“ Circumstances in which and conditions under which pregnancy may be terminated

2. (1) A pregnancy may be terminated-

(a) upon request of a woman during the first 12 weeks of the gestation period of her pregnancy;

(b) from 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-

(i) the continued pregnancy would pose a risk of injury to the woman’s physical or mental health; or

(ii) there exists a substantial risk that the fetus would suffer from a severe physical or mental abnormality; or

(iii) the pregnancy resulted from rape or incest; or

(iv) the continued pregnancy would significantly affect the social or economic circumstances of the woman; or (c) 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.

(2) The termination of a pregnancy may only be carried out by a medical practitioner, except for a pregnancy referred to in subsection (])(a), which may also be carried out by a registered midwife who has completed the prescribed training course. “ etc.

This sets the facility setting, gestational age of acceptance, which healthcare professionals are certified to perform TOP as well as all other regulations. Unfortunately, due to the stigma associated with TOP many illegal services for TOP are rife among SA communities. The poster next to the enlargement penis flyer… if you know you know.

Essentially, these are the vital points, 

• It is your right to know that you have the option of a TOP till 12 weeks GA without any medical reason. 

• This right is further extended to minors (<18 year old) even without parental consent only if parental consent will contradict the child’s choice. 
• This right is also extended to mental health care users (MHCU). If the patient can comprehend the procedure then they may consent. If the patient cannot comprehend i.e intellectually disabled women, their legal guardian /superintendent /ministry /courts may consent on behalf of the MHCU. 
• It is your citizen duty to report illegal abortion centers and practitioners. 

Do note that the Choice to termination of pregnancy act of 1996 is often challenged by complex social presentations nevertheless, there is no excuse to not have a safe & legal TOP if desired. 

So what about men’s rights… zzzzzSperm contributor, well legally the act takes the females rights above the males. An american article published in the Notre Dome law review titled, “Beyond Roe and Doe: The Rights of the Father’‘² cites multiple legal cases arguing the rights of the paternal contributor. Now, that’s a debate for another day.

So, breath, remove your lens of neutrality and place the cap of objectivity next to it. Are you Pro-choice or pro- life… ? you need not decide today rather decide to be Pro-being informed.

References

¹ Choice of termination of pregnancy act of 1996; http://www.saflii.org/za/legis/num_act/cotopa1996325/ cited: 01/06/2021

² Notre Dame Law Review, volume 50; issue 3 article 5; https://core.ac.uk/download/pdf/268212948.pdf cited: 01/06/2021

Ubusha Bami futhi yimi lo – My youth and this is me! ©