Abortion in Eswatini

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In Eswatini, abortion is a criminal offence. The 2005 Constitution of Eswatini allows exceptions if approved by a doctor. Providing or receiving an illegal abortion is punishable by life imprisonment.

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Advocates of legal abortion believe that illegality contributes to the maternal mortality rate. In 2012, the Parliament of Eswatini debated the abortion law. Some members of the parliament supported legal abortion as a form of population control, while others opposed it as a form of killing.

Illegal abortions are common in the country. Use of birth control is low. Unsafe abortions are a leading cause of death of women. Some women travel to South Africa for legal abortions. Post-abortion care is available but inadequate.

Legislation

Receiving, performing, or aiding in an abortion is a crime punishable by life imprisonment. [1] Section 15(5) of the Constitution of Eswatini says abortion is only legal if a physician certifies that the pregnancy would threaten the life or health of the woman or child, or if the pregnancy was the result of rape or incest. [2]

Before the constitution was amended, the country was subject to Dutch-Roman common law, which allowed abortion only to save the woman's life. The constitutional abortion law was implemented in 2005 with the goal of protecting women's rights. [3] [4] The Constitution provides for abortion "on such other ground as Parliament may prescribe", but legislation has not been passed. [5] Eswatini is one of three countries with a constitutional provision banning abortion, as of 2017. [6]

Debate and advocacy

The Family Life Association of Swaziland advocates for the legalisation of abortion. It has cited the lower maternal mortality rate in South Africa, where abortion is legal. [1] Activists have mobilised against international anti-abortion groups in Eswatini and other countries in the region. [7]

In 2020, a High Court judge, Qinisile Mabuza, voiced her support for legalising abortion. After hearing a case of infanticide, she said that a ban on abortion led to such measures and decreased women's autonomy. [8]

Opposition

A 1998 survey found that 86% of Swazis view abortion as murder. [9]

In 2011, Swaziland was one of several countries to object when the United Nations special rapporteur on the Right to Health, Anand Grover, called for every country to decriminalise abortion. [10] Eswatini is a signatory of the 2020 Geneva Consensus Declaration, which says abortion is not an international right. [11]

Proposed legislation

In October 2012, the Parliament of Eswatini debated legalising abortion. It was proposed by MP Johannes Ndlangamandla, who said that "abortion should be legalised to curb the population of unwanted babies who end up becoming a burden to government", and disagreed with the argument that it would be against Christianity. Other MPs said abortion was "equivalent to murder". The parliament considered abortion good for population control. The Times of Swaziland disagreed, saying that condom use would better control the population. [1]

Prevalence

In 2015–2019, Eswatini had an annual average of 46,600 pregnancies, of which 33,500 were unintended and 8,800 resulted in abortion. The abortion rate increased 58% between 1990–1994 and 2015–2019. [12] As of 2007, the estimated abortion rate is 18.9 per 1,000 women. [13]

Abortions are believed[ by whom? ] to mostly be unsafe due to being illegal. [13] As of 2012, the ministry of health estimates that 19% of deaths of women were caused by abortions. [1]

Though abortion is legal in the case of rape, it is difficult to access. [4] Eswatini's health budget is below the global average and has no sexual and reproductive health budget. The country relies on funding from donors. [14] Many Swazi women seeking abortion go to neighbouring South Africa, where it is legal. Many cannot afford the cost of travel and of care from private facilities there. [1]

Unplanned pregnancies lead women to seek abortions. Children from unplanned pregnancies may be abandoned. [15] A high unmet need for contraception contributes to the abortion rate. Women with more education have lower abortion rates and higher rates of contraceptive use. [13] There is a high rate of unsafe abortions among adolescents. [16] Sex workers have high rates of unwanted pregnancy, and 11.7% have had abortions, as of 2011. [17]

Post-abortion care (PAC) in the country has poor-quality operation procedures. [14] In October 2012, a clinic in Manzini treated over 1,000 women for abortion complications. [1]

Social attitudes oppose abortion. A 2005 survey of healthcare workers found that most did not wish for abortion training, though most wanted to be trained in PAC. Many said they would be willing to refer patients to providers. [16] Most women in the country believe abortion causes cervical cancer. [18]

Cases

Women who cannot access abortion may commit infanticide. Cases of baby corpses abandoned in remote areas are commonly reported. [1]

In 2011, three nurses were sentenced to fifteen years in prison for assisting in abortions. [1]

Impacts of U.S. policy

During the presidency of Donald Trump, the United States instated the Mexico City policy, which banned federal funding for foreign organisations that perform or advocate for abortion. In Eswatini, programs for outreach and management of HIV/AIDS. [19] The Family Life Association of Eswatini lost its funding from the U.S. government initiative PEPFAR and ended its medical circumcision services. [20]

See also

Related Research Articles

Reproductive rights are legal rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world. The World Health Organization defines reproductive rights as follows:

Reproductive rights rest on the recognition of the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, and the right to attain the highest standard of sexual and reproductive health. They also include the right of all to make decisions concerning reproduction free of discrimination, coercion and violence.

<span class="mw-page-title-main">Unsafe abortion</span> Termination of a pregnancy by using unsafe methods

An unsafe abortion is the termination of a pregnancy by people lacking the necessary skills, or in an environment lacking minimal medical standards, or both. An unsafe abortion is a life-threatening procedure. It includes self-induced abortions, abortions in unhygienic conditions, and abortions performed by a medical practitioner who does not provide appropriate post-abortion attention. About 25 million unsafe abortions occur a year, of which most occur in the developing world.

<span class="mw-page-title-main">Sexual and reproductive health</span> State of the reproductive system without evidence of disease, disorders, or deficiencies

Sexual and reproductive health (SRH) is a field of research, health care, and social activism that explores the health of an individual's reproductive system and sexual well-being during all stages of their life. Sexual and reproductive health is more commonly defined as sexual and reproductive health and rights, to encompass individual agency to make choices about their sexual and reproductive lives.

Pregnancy options counseling is a form of counseling that provides information and support regarding pregnancy. Women seeking pregnancy options counseling are typically doing so in the case of an unplanned or unintended pregnancy. Limited access to birth control and family planning resources, as well as misuse of birth control are some of the major contributing factors to unintended pregnancies around the world. In 2012, the global rate of unintended pregnancies was estimated to be 40 percent, or eighty-five million pregnancies.

<span class="mw-page-title-main">Abortion in South Africa</span>

Abortion in South Africa is legal by request when the pregnancy is under 13 weeks. It is also legal to terminate a pregnancy between weeks 13 and 20 if the continued pregnancy would significantly affect the pregnant person's social or economic circumstances, poses a risk of injury to the pregnant person's physical or mental health, there is a substantial risk that the foetus would suffer from a severe physical or mental abnormality, or the pregnancy resulted from rape or incest. If the pregnancy is more than 20 weeks, a termination is legal if the foetus' life is in danger, or there is a likelihood of serious birth defects.

HIV/AIDS in Eswatini was first reported in 1986 but has since reached epidemic proportions. As of 2016, Eswatini had the highest prevalence of HIV among adults aged 15 to 49 in the world (27.2%).

Abortion in Venezuela is currently illegal except in some specific cases outlined in the Venezuelan Constitution, and the country has one of Latin America's most restrictive laws.

Abortion in Namibia is restricted under the Abortion and Sterilisation Act of South Africa (1975), which Namibia inherited at the time of Independence from South Africa in March 1990. The act only allows for the termination of a pregnancy in cases of serious threat to the maternal or fetal health or when the pregnancy is a result of rape or incest. This law has not been updated since, and attempts to liberalise it have been met with fierce opposition from religious and women's groups.

Abortion in Zimbabwe is available under limited circumstances. Zimbabwe's current abortion law, the Termination of Pregnancy Act, was enacted by Rhodesia's white minority government in 1977. The law permits abortion 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. Nevertheless, an estimated 70,000+ illegal abortions are performed in Zimbabwe each year.

Abortion in Uganda is illegal unless performed by a licensed medical doctor in a situation where the woman's life is deemed to be at risk.

In Benin, abortion is legal on broad socioeconomic grounds up to twelve weeks of pregnancy.

Abortion is a controversial topic in Nigeria. Abortion in Nigeria is governed by the two laws that differs greatly depending on geographical location. Northern Nigeria is governed by The Penal Code and Southern Nigeria is governed by The Criminal Code. The only legal way to have an abortion in Nigeria is if having the child is going to put the mother's life in danger. However, sex-selective abortion has long had acceptance in Nigeria.

In Yemen, abortions are only “permitted to save the life of a pregnant woman”, making it one of the strictest abortion laws in the Middle East and the world. Abortion is not widely accepted in Yemeni society. However, because of the recent conflict in Yemen, rape, honor killings, and unsafe abortions have increased in Yemen. According to a study conducted by Canadian Studies in Population, the number of unsafe and illegal abortions are high in Yemen, which can lead to fatal health risks for women.

<span class="mw-page-title-main">Abortion in Kenya</span>

Abortion in Kenya is prohibited with the exception of certain circumstances including danger to the life and health of the expectant mother, and rape. Unsafe abortions are a major cause of deaths and health complications for women in Kenya.

In 2005, the Ethiopian Parliament liberalised the abortion law to grant safe abortions to women in specific circumstances.

In Sierra Leone, abortion is a criminal offence. Its abortion law does not specify any grounds for legal abortion. It is unclear whether abortion is permitted to save the life of the mother, as a British judicial decision allowing such abortions is untested in Sierra Leone. Abortion is covered in the country's medical code of ethics, but there is no government training for providers. Prosecution of abortion is uncommon.

In Liberia, abortion is only legal in cases of rape, fetal impairment, or risk to the mother's physical or mental health or life, up to the 24th week of pregnancy.

In Malawi, abortion is only legal to save the life of the mother. Abortion is a felony punishable by prison. Malawi's abortion law is one of the strictest in the world.

<span class="mw-page-title-main">Abortion in Africa</span>

In Africa, abortion is subject to various national abortion laws. Most women in Africa live in countries with restrictive laws. Most countries in Africa are parties to the African Union's Maputo Protocol, the only international treaty that defines a right to abortion. Sub-Saharan Africa is the world region with the highest rates of unsafe abortions and abortion mortality. Most abortions in the region are unsafe. The region has the highest rate of unintended pregnancy, the primary motive for abortion. The most likely women to have abortions are young, unmarried, or urban. Post-abortion care is widely available.

In Lesotho, abortion is illegal unless the pregnancy poses a risk to life or health.

References

  1. 1 2 3 4 5 6 7 8 "Illegal abortions endangering lives". The New Humanitarian . 14 November 2012. Retrieved 2 August 2024.
  2. ↑ Shongwe, Musa N. (13 November 2017). "Legal responses to HIV and AIDS: lessons from Swaziland". African Journal of AIDS Research . 16 (4): 332. doi: 10.2989/16085906.2017.1385495 . PMID   29132277.
  3. ↑ Boland, Reed; Katzive, Laura (September 2008). "Developments in Laws on Induced Abortion:1998–2007". International Perspectives on Sexual and Reproductive Health . 34 (3): 116. doi:10.1363/3411008. PMID   18957353.
  4. 1 2 Universal Periodic Review Working Group (21 April 2021). "Eswatini: Broken promises: Amnesty International submission for the UN Universal Periodic Review". Amnesty International . Retrieved 11 August 2024.
  5. ↑ Lumina, Mulesa; Ramjathan-Keogh, Kaajal (26 April 2022). "Eswatini: authorities must ensure safe, legal and effective access to abortion services". International Commission of Jurists . Retrieved 11 August 2024.
  6. ↑ Berro Pizzarossa, Lucía; Perehudoff, Katrina (December 2017). "Global Survey of National Constitutions: Mapping Constitutional Commitments to Sexual and Reproductive Health and Rights". Health & Human Rights . 19 (2): 284. PMC   5739376 . PMID   29302182.
  7. ↑ Mawire, Wallace (11 March 2024). "SADC civil society intensifies efforts to review abortion care legislation". Down to Earth . Retrieved 11 August 2024.
  8. ↑ Nsibande, Andile (29 September 2023). "Legalise Abortion - Judge Qinsile". Eswatini Observer . Retrieved 2 August 2024.
  9. ↑ Ziyani, I. S.; Litt, D.; Ehlers, V. J.; King, L. J. (28 September 2003). "Socio-cultural deterrents to family planning practices among Swazi women". Curationis. 26 (4): 46. doi: 10.4102/curationis.v26i4.875 . PMID   15027277.
  10. ↑ De Jesus, Ligia M. (2012). "Treaty Interpretation of the Right to Life Before Birth by Latin American and Caribbean States: An Analysis of Common International Treaty Obligations and Relevant State Practice at International Fora". Emory International Law Review . 26 (2): 632.
  11. ↑ Morgan, Lynn (1 June 2023). "Anti-abortion strategizing and the afterlife of the Geneva Consensus Declaration". Developing World Bioethics . 23 (2): 185–195. doi:10.1111/dewb.12374. PMID   36201681.
  12. ↑ "Eswatini country profile". Guttmacher Institute . 2022. Retrieved 2 August 2024.
  13. 1 2 3 Chemhaka, Garikayi B.; Odimegwu, Clifford O. (June 2019). "The Proximate Determinants of Fertility in Eswatini". African Journal of Reproductive Health . 23 (2): 65–75. doi:10.29063/ajrh2019/v23i2.7 (inactive 11 August 2024). PMID   31433595.{{cite journal}}: CS1 maint: DOI inactive as of August 2024 (link)
  14. 1 2 Macleod, Catriona Ida; Reuvers, Megan; Reynolds, John Hunter; Lavelanet, Antonella; Delate, Richard (5 June 2023). "Comparative situational analysis of comprehensive abortion care in four Southern African countries". Global Public Health . 18 (1): 2217442. doi: 10.1080/17441692.2023.2217442 . PMID   37272354.
  15. ↑ Niemeyer Hultstrand, Jenny; Abuelgasim, Khalda Omer; Tydén, Tanja; Jonsson, Maria; Maseko, Nokuthula; Målqvist, Mats (29 July 2020). "The perpetuating cycle of unplanned pregnancy: underlying causes and implications in Eswatini". Culture, Health & Sexuality. 23 (12): 1656–1671. doi:10.1080/13691058.2020.1791359. PMID   32723216.
  16. 1 2 Mngadi, P. T.; Faxelid, E.; Zwane, I. T.; Höjer, B.; Ransjo-Arvidson, A. B. (13 May 2008). "Health providers' perceptions of adolescent sexual and reproductive health care in Swaziland". International Nursing Review. 55 (2): 148–155. doi: 10.1111/j.1466-7657.2007.00625.x . PMID   18477098.
  17. ↑ Yam, Eileen A.; Mnisi, Zandile; Maziya, Sibusiso; Kennedy, Caitlin; Baral, Stefan (13 May 2016). "Use of emergency contraceptive pills among female sex workers in Swaziland". Journal of Family Planning and Reproductive Health Care . 40 (2): 102–107. doi:10.1136/jfprhc-2012-100527. PMID   23794687.
  18. ↑ Ngwenya, Dumsile; Huang, Song-Lih (27 December 2017). "Knowledge, attitude and practice on cervical cancer and screening: a survey of men and women in Swaziland". Journal of Public Health . 40 (3): 343–350. doi: 10.1093/pubmed/fdx174 . PMID   29294055.
  19. ↑ Sherwood, Jennifer; Roemer, Matthea; Honermann, Brian; Jones, Austin; Millett, Greg; Decker, Michele R. (September 2020). "Restrictions On US Global Health Assistance Reduce Key Health Services In Supported Countries". Health Affairs . 39 (9): 1557–1565. doi: 10.1377/hlthaff.2020.00061 . PMID   32897794.
  20. ↑ Enda, Jodi (1 April 2024). "The Global Cost of the American Anti-Abortion Movement". The New Republic . Vol. 255, no. 4. p. 32. Retrieved 11 August 2024.
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