Abortion in Zimbabwe
Abortion in Zimbabwe is available under limited circumstances.
Terminology
The Termination of Pregnancy Act defines abortion as "the termination of a pregnancy otherwise than with the intention of delivering a live child."[3]
History
Before 1977, abortion in Zimbabwe (then
With the advent of the women's liberation movement in Rhodesia in the early 1970s, debate over the country's abortion law increased.[7][8][9] In July 1976, the government's Commission of Inquiry into the Termination of Pregnancy in Rhodesia published its recommendations that some restrictions on abortion be loosened.[9] In the report, the commission acknowledged that "perhaps the majority of younger Rhodesians wish to see abortion laws liberalized."[9] The commission recommended that abortion be permitted under the following conditions:[7]
- "Where the continuation of the pregnancy constitutes a danger to the life of the mother and termination is necessary to ensure her life;
- "where the continuation of the pregnancy constitutes a serious threat to the physical health of the mother and termination is necessary to ensure her continued health;
- "where the continuation of pregnancy creates a great danger of serious and permanent damage to the mother's mental health and termination is necessary to avoid such danger;
- "where there exists a serious risk on scientific grounds that the child to be born will suffer from a mental or physical defect so that he will be seriously handicapped;
- "where the child is conceived as a result of rape or incest;
- "where the mother is an idiot or imbecile."
The commission's report, and the proposed legislation in
In the journal
As much as abortion was a social and moral issue, it was also a racial issue in Rhodesia. Many on the
In December 1976, acting on the commission's findings, the Parliament introduced legislation addressing abortion. The Termination of Pregnancy Act (No. 29 of 1977[4]), which took effect on 1 January 1978, expanded abortion access, allowing the procedure under three conditions: if the pregnancy endangers the life of the woman or threatens to permanently impair her physical health, if the child may be born with serious physical or mental defects, or if the fetus was conceived as a result of rape or incest.[1][4][5] Under the former law, the latter two conditions were not circumstances under which a legal abortion could be obtained.[5] Although the new law expanded abortion access,[4][5][6] it did not go far enough for some: Jacquie Stafford, president of the National Organisation for Women, wrote in a letter to The Herald that the law "showed nothing but contempt for the women of this country, and makes me wonder at the sanity of our parliamentary representatives."[9]
After Zimbabwe's independence in 1980, the new black government retained the Termination of Pregnancy Act.[6]
In recent years, there has been growing vocal support to amend the law and expand legal abortion access.
Current legal status
Abortion is legally permitted under limited circumstances. In accordance with the Termination of Pregnancy Act, an abortion may be legally performed if the pregnancy seriously endangers the mother's life or threatens to permanently impair her physical health, if there is a significant risk that the child would be born with serious physical or mental defects, or if the fetus was conceived as a result unlawful intercourse, defined as rape, incest, or intercourse with a mentally handicapped woman (other sexual offenses, like statutory rape, are not legal grounds for an abortion).[3][6][13]
An abortion may only be performed by a medical practitioner in an institution designated by the
Illegal abortion carries a penalty of imprisonment up to five years and/or a fine.[3][10][13] The Termination of Pregnancy Act set the fine at Z$5,000 (approx. US$563 in 1997).[3][10][13] However, Zimbabwe no longer uses the Zimbabwean dollar. Under section 60 of the Criminal Law and Codification Reform Act, illegal abortion is punishable by up to five years in prison and/or a fine not exceeding level 10.[14]
Statistics
Illegal abortions
A
Public opinion
A 2018 survey on the Constitution of Zimbabwe found that 40% of respondents favored full constitutional abortion rights, 39% supported abortion rights in certain instances, and 19% were completely opposed to any constitutional abortion rights.[5] The survey results showed that Zimbabwean men were more supportive of abortion rights than women, with 46% of men supporting full rights for women to an abortion, compared to 39% of women holding the same view.[5]
See also
References
- ^ a b c ZIMBABWE: Abortion figures underscore need for more reproductive health education IRIN News, 30 March 2005
- ISBN 978-92-1-151521-3.
- ^ a b c d e f g h "Termination of Pregnancy Act". cyber.harvard.edu. Retrieved 2018-06-01.
- ^ ISBN 9211513650.
- ^ a b c d e f g h "Our ugly secret: abortion in Zimbabwe, illegal but thriving". Pambazuka News. 2012-05-16. Retrieved 2018-05-31.
- ^ ISBN 9780812246278.
- ^ a b c d e f Seager, Diana R. (1978). "Commissions of Inquiry in a Rapidly Changing Society" (PDF). Zambezia. VI: 61–67 – via Michigan State University Library.
- ^ ISBN 9780521291507.
- ^ ISBN 9781317425359.
- ^ a b c d e Langa, Veneranda (2018-04-09). "Government urged to revisit abortion laws". NewsDay Zimbabwe. Retrieved 2018-06-01.
- ^ a b c Phiri, Marko (2018-05-08). "As teenagers die, Zimbabwean lawmakers call for abortion reform". Reuters. Retrieved 2018-06-01.
- ^ Laiton, Charles (2017-10-11). "Legalise abortion, says Biti". NewsDay Zimbabwe. Retrieved 2018-06-01.
- ^ a b c d e "Women's Reproductive Rights in Zimbabwe: A Shadow Report" (PDF). The Center for Reproductive Law & Policy. December 1997.
- ^ a b c Makaripe, Tendai (2015-02-05). "Doctors promoting illegal abortions". The Financial Gazette. Archived from the original on 2017-02-17. Retrieved 2018-06-01.
- ^ Ndlovu, Nqobani (2016-05-11). "Government conducts survey on abortion". NewsDay Zimbabwe. Retrieved 2018-06-01.
- ^ a b Moyo, Thandeka (2017-06-14). "Unsafe abortions major cause of maternal deaths". The Chronicle. Retrieved 2018-06-01.