Abortion debate

The debate on whether minors should be allowed to undergo abortions without the permission of their parents was reignited in South Africa after a high court ruling in the United Kingdom made it legal for girls aged 16 and younger to have abortions without consulting their parents.

The issue of abortion or termination of pregnancy in South Africa has received increasing attention throughout this year culminating in the Choice of Termination of Pregnancy (TOP) Bill which was passed in November 1996.

The Reproductive Rights Alliance (RRA) has been admitted as an amicus curiae - or friend of the court - in a new challenge to the Choice on Termination of Pregnancy Act by the Christian Lawyers' Association (CLA). This means that when the case is heard in court on July 31, the RRA will be allowed to join the state and introduce arguments to support the state's contention that the CLA's case has no basis in law. The CLA is challenging the right of adolescents under 18 years of age to terminate an unwanted pregnancy. It argues that because the law does not legally require an adolescent to seek the consent of their parents, this is a violation of children's rights. Although the Act encourages minors to seek the counsel of parents, family or friends, it does not compel an adolescent to do so. Having failed to challenge the entire Act, in a legal bid launched in May 1997, the CLA has decided to target provisions in the Act that it finds objectionable. The RRA was a friend of the court in 1998 when the CLA unsuccessfully challenged the constitutional basis of the Choice on Termination of Pregnancy Act and was instrumental in advocating for its enactment in 1996. (Source: Health-e, 19 July 2001)