Termination of Pregnancy Act (Zimbabwe)
Termination of Pregnancy Act | |
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Coat of arms of Rhodesia | |
Parliament of Rhodesia Parliament of Zimbabwe | |
Long title
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Citation | No. 29 of 1977 |
Territorial extent | Rhodesia (today Zimbabwe) |
Enacted by | the Parliament of Rhodesia |
Enacted | 1977 |
Effective | 1 January 1978 |
Summary | |
Expanded legal abortion access in Rhodesia (today Zimbabwe) | |
Status: In force |
The Termination of Pregnancy Act is a law in Zimbabwe governing abortion. Enacted in 1977 by the Parliament of Rhodesia and effective starting 1 January 1978, it was retained after Zimbabwe's independence in 1980.[1] The law expanded abortion access, permitting it under three circumstances: 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.[2][3][4][5]
Background
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] 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.[8] In the report, the commission acknowledged that "perhaps the majority of younger Rhodesians wish to see abortion laws liberalized."[8] The commission's report, and the proposed legislation in Parliament that followed, sparked public debate on what it described as "a key social issue in Rhodesian society."[8] In December 1976, acting on the commission's findings, the Parliament introduced legislation addressing abortion, in what would become the Termination of Pregnancy Act.
Provisions
The Termination of Pregnancy Act (No. 29 of 1977[4]), which took effect on 1 January 1978, was similar to South Africa's now-repealed Abortion and Sterilization Act of 1975.[9] It expanded abortion access, allowing the procedure to be performed under three conditions: if the pregnancy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).[1][2][10]
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.[2][10][11] The Termination of Pregnancy Act set the fine at Z$5,000.[2][10][11] 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.[12]
Impact and reception
At the time of its passage, although the new law expanded abortion access,
In recent years, there has been growing vocal support to amend the law and expand legal abortion access.
See also
References
- ^ ISBN 9780812246278.
- ^ a b c d e f g h "Termination of Pregnancy Act". cyber.harvard.edu. Retrieved 2018-06-01.
- ^ ZIMBABWE: Abortion figures underscore need for more reproductive health education IRIN News, 30 March 2005
- ^ a b c d "Zimbabwe: Abortion Policy". United Nations Department of Economic and Social Affairs. 2002-04-01.
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(help) - ^ a b c d e "Our ugly secret: abortion in Zimbabwe, illegal but thriving". Pambazuka News. 2012-05-16. Retrieved 2018-05-31.
- ^ Zambezia. University of Rhodesia. 1978. p. 62.
- ISBN 9780521291507.
- ^ ISBN 9781317425359.
- ^ a b "COMMENTARY ON TERMINATION OF PREGNANCY ACT: Mapingure v Minister of Home Affairs & Ors S-22-14 - Masiye-Moyo and Associates". Masiye-Moyo and Associates. 2017-07-23. Retrieved 2018-06-02.
- ^ 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 d e Langa, Veneranda (2018-04-09). "Government urged to revisit abortion laws". NewsDay Zimbabwe. Retrieved 2018-06-01.
- ^ Makaripe, Tendai (2015-02-05). "Doctors promoting illegal abortions". The Financial Gazette. Archived from the original on 2017-02-17. 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.