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January 18, 2008

On January 17, the South African national parliament overwhelmingly passed the Choice on Termination of Pregnancy (CTOP) Amendment Act, after a series of public hearings undertaken by both houses of parliament. 266 parliamentarians voted for the bill, 52 voted against and 12 abstained.

“This action truly solidifies South Africa’s liberal policy on women’s access to abortion and may help to discourage further opposition efforts,” says Ipas President and CEO, Elizabeth Maguire. “We hope to see the law translated into much improved access to safe abortion care for underserved women throughout the country.”

The abortion amendment act, which was originally passed in 2004, is aimed at expediting the designation of facilities certified to perform abortions, extending the pool of service providers and clamping down on illegal practitioners. The amendment builds on the principal act, the Choice on Termination of Pregnancy Act of 1996, which led to major positive change. Since its implementation, the number of deaths from unsafe abortion has been reduced by 91 percent and injuries from such procedures have been reduced by half. The CTOP Amendment Act enhanced the original law by providing greater access to abortion services, especially to poor, young and rural women.

“It is evident that the abortion act in South Africa has been extremely successful in advancing women’s health and rights,” says Ipas South Africa Director Mosotho Gabriel. "It is in line with the Millennium Development Goal 5, which is aimed at reducing maternal mortality by three quarters by 2015.”

In spite of the Act’s success, the amendment was challenged in the South African Constitutional Court by the country’s chapter of the international anti-abortion group Doctors for Life (DFL). In 2006, the Constitutional Court ruled in favor of DFL, stating that the consultation process leading up to the passage of the act was unconstitutional. Although the process was found to be unconstitutional, the content of the act remained in place; parliament was given 18 months to hold public hearings to allow the South African public to comment.

Although the court challenge was directed at the Amendment Act, the voiced opposition was directed at provisions of the original Act. According to Gabriel, the recent public hearings revealed enduring anti-choice sentiment more than a decade after the country adopted its liberal abortion law. Little or no opposition to the provisions of the amendment itself was expressed in the public consultation process. 

“The constitutional imperatives that underpin the Choice on Termination of Pregnancy are the right to equality, freedom and security of the person; access to health care and information; the right to freedom of religion and beliefs; and freedom of expression,” says Gabriel. “As we overcome years of denying choice and human rights, we have a moral obligation to protect, uphold and advance the exercise of full human rights to all South Africans.”

 

For more information, contact:
Kirsten Sherk
Senior Associate, Media Relations
e-mail: sherkk@ipas.org
phone: 919.960.5612
fax: 919.929.0258