Abortion in Namibia

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Abortion in Namibia is restricted under the Abortion and Sterilisation Act of South Africa (1975), [1] 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. [2]

Contents

Abortion is only allowed when continuing the pregnancy will: [3]

endanger the woman’s life or constitute a serious threat to her physical or mental health or there must be a serious risk that the child to be born will suffer from a physical or mental defect so as to be irreparably seriously handicapped, when the foetus is alleged to have been conceived in consequence of unlawful carnal intercourse (rape or incest); or when the foetus has been conceived in consequence of illegitimate carnal intercourse and the woman is, owing to a permanent mental handicap or defect, unable to comprehend the implications of or bear the parental responsibility for the "fruit of coitus".

In addition to the woman’s doctor, two other doctors are required to certify the existence of grounds for an abortion, and the operation must be performed by a medical practitioner in a State hospital or an approved medical facility." [4] In a statement at the 1994 International Conference on Population and Development in Cairo, then Minister of Health and Social Services Nickey Iyambo stated: [5]

On the question of abortion, the position of Namibia is that it can only be performed under strict medical supervision within the confines of the laws, which state that consent to abortion can only be given in cases of rape, incest and when the life of the mother is in danger. Mr. President, ladies and gentlemen it must be clearly understood that Namibia does not promote abortion as a means of family planning but as a public health issue.

In 2011, under '24.7: HIV and Pregnancy' of the Namibia Standard Treatment Guidelines, it is noted that "A woman with HIV has the right to terminated the pregnancy as a medical indication". [6]

In 2020 a petition to legalise access to abortion gained over 60,000 signatures. [7] It not only aimed to amend laws on abortion, but it also demanded improved access to education on abortion and sexual health and reproductive rights, as well as the implementation of counselling and support services for women to make informed decisions regarding their bodies. The petition organisers quoted President Geingob who in 2019 recognised the high abortion-related death rates as a clear outcome of illegal abortions which will continue to occur if laws are not amended.

Impact of abortion restrictions

Many Namibians believe that abortion is illegal under any circumstance and are unaware of the legal exceptions. [2] The lack of knowledge, emergency contraceptive use and access to safe legal abortions are contributing factors to the problem of abandonment of newborns or 'baby dumping', which is acknowledged to be a serious problem in the country. [8] [2]

For abortion to be as safe as possible for a woman, the procedure needs to be performed as early in pregnancy as her decision about continuing the pregnancy permits. [9] If the process is not done accordingly and by a professional, it might lead to infertility, death or permanent injury including paralysis. [10]

Many women undergo illegal abortions carried out by backstreet abortionists, private clinics and themselves, however there is very little research on the scale of unsafe abortions, perceptions on abortion and the availability, quality of abortion/ post-abortion care in Namibia. [2] However, there is little sympathy for women seeking or having illegal abortions and within the media, abortion is framed in a particularly negative light. [2] The lack of reliance on abortion by young women has seen a rise in pregnancy for girls aged 15-19 from 15% in 2006 to 19% in 2013, with one region recording levels as high as 39%. [2]

Statistics

In 2021, medical doctor David Emvula told a parliamentary hearing that 14 Namibian women had died from unsafe abortions between April 2018 and March 2012. He estimated that 7,000 unsafe abortions had been performed in 2017. [11]

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">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.

<span class="mw-page-title-main">Abortion in South Africa</span> Overview of the legality and prevalence of abortions in South Africa

Abortion in South Africa is legal by request when the pregnancy is under 13 weeks. It is also legal to terminate a pregnancy between week 13 and week 20 under the following conditions: the continued pregnancy would significantly affect the pregnant person's social or economic circumstances, the continued pregnancy 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.

Abortion has been legal in India under various circumstances with the introduction of the Medical Termination of Pregnancy (MTP) Act, 1971. The Medical Termination of Pregnancy Regulations, 2003 were issued under the Act to enable women to access safe and legal abortion services.

Abortion in Iceland is legal on request until the end of the 22nd week of pregnancy. The abortion rate in Iceland is relatively high, in comparison to other Nordic countries.

In Trinidad and Tobago, abortion is illegal save for few exceptions. The respective laws are in place since 1925.

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 Costa Rica is severely restricted by criminal law. Currently, abortions are allowed in Costa Rica only in order to preserve the life or physical health of the woman. Abortions are illegal in almost all cases, including when the pregnancy is a result of rape or incest and when the foetus suffers from medical problems or birth defects. Both social and economic factors have led to this legal status. It remains unclear whether abortions are legal to preserve the mental health of the woman, though the 2013 United Nations abortion report says Costa Rica does allow abortions concerning the mental health of a woman.

<span class="mw-page-title-main">Choice on Termination of Pregnancy Act, 1996</span> Law governing abortion in South Africa

The Choice on Termination of Pregnancy Act, 1996 is the law governing abortion in South Africa. It allows abortion on demand up to the twelfth week of pregnancy, under broadly specified circumstances from the thirteenth to the twentieth week, and only for serious medical reasons after the twentieth week. The Act has been described by the Guttmacher Institute as "one of the most liberal abortion laws in the world".

Pregnancy is a potential result of rape. It has been studied in the context of war, particularly as a tool for genocide, as well as in other unrelated contexts, such as rape by a stranger, statutory rape, incest, and underage pregnancy. The current scientific consensus is that rape is at least as likely to lead to pregnancy as consensual sexual intercourse, with some studies suggesting rape may actually result in higher rates of pregnancy than consensual intercourse.

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.

Abortion in Samoa is only legal if the abortion will save the mother's life or preserve her physical or mental health and only when the gestation period is less than 20 weeks. In Samoa, if an abortion is performed on a woman for any other reason, or if a woman performs a self-induced abortion, the violator is subject to seven years in prison.

Abortion in Benin is legally permitted "upon the request of the pregnant woman, voluntary termination of pregnancy can be allowed when the pregnancy is likely to aggravate or cause a situation of material, educational, professional or moral distress incompatible with the interest of the woman and/or the unborn child…" in the first 12 weeks of pregnancy.

Abortion in Botswana is only legal if the abortion will save the woman's life, if the pregnancy gravely endangers the woman's physical or mental health, or if it is a result of rape or incest. In Botswana, abortions that meet these requirements must be performed within the first 16 weeks of pregnancy in a government hospital and must be approved by two physicians.

Abortion in Burkina Faso is only legal in the following circumstances;

  1. If the abortion will save the woman's life
  2. If the pregnancy gravely endangers the woman's physical or mental health
  3. If the child will potentially be born with an incurable disease
  4. In pregnancy cases resulting from rape or incest, so long as it is proven by a state prosecutor.

Abortion in Belize is restricted by criminal law, but permitted under certain conditions.

Abortion in Thailand is legal and available on-request up to 20 weeks of pregnancy. Abortion has been legal up to at least 12 weeks of pregnancy since 7 February 2021. Following a 2020 ruling of the Constitutional Court which declared a portion of the abortion statutes unconstitutional, the Parliament removed first-term abortion from the criminal code. Once strict, over time laws have been relaxed to take into account high rates of teen pregnancy, women who lack the means or will to raise children, and the consequences of illegal abortion.

<span class="mw-page-title-main">Termination of Pregnancy Act (Zimbabwe)</span>

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. 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.

Abortion in Ghana is banned except when there is a valid exemption. The abortion should also be conducted only at a government hospital; registered private hospital, clinics registered under the Private Hospitals and Maternity Homes Act, 1958 and a place approved by the Minister of Health by a Legislative Instrument. Illegal abortions are criminal offenses subject to at most five years in prison for the pregnant woman who induced said abortion, as well as for any doctor or other person who assisted this pregnant woman in accessing, or carrying out, an abortion. Attempts to cause abortions are also criminal, as are the purveyance, supply, or procurement of chemicals and instruments whose intent is to induce abortions.

Abortion is illegal in Tanzania except to preserve the life of the mother. Under the Tanzanian penal code, health practitioners who perform illegal abortions may receive sentences of up to 14 years in prison, while those who procure abortions for themselves may be sentenced to up to seven years in prison.

References

  1. ↑ "Abortion and Sterilization Act No. 2 of 1975" (PDF). 1975.
  2. 1 2 3 4 5 6 Health Economics and HIV/AIDS Research Division (2016). "Namibia: Unsafe Abortion" (PDF).
  3. ↑ [ permanent dead link ]
  4. ↑ "Obama stance on family planning praised". The Namibian. 4 February 2009. Archived from the original on 7 June 2011.
  5. ↑ "Statement of Namibia, H.E. Dr. N. Iyambo". 8 September 1994. Archived from the original on 12 May 2001.
  6. ↑ Republic of Namibia: Ministry of Health and Social Services (2011). "Namibia Standard Treatment Guidelines" (PDF).
  7. ↑ Banshee Beauty Boois (11 June 2020). "Legalize Abortion in Namibia" (PDF). Retrieved 2023-11-03.
  8. ↑ "Namibia: Information on Safe Abortion Should be Made Easily Accessible - iNamibia". Archived from the original on 2013-10-21. Retrieved 2012-10-08.
  9. ↑ Radu, A.; Capra, G. (1988). "[Medical and social implications of abortion]". Obstetrica Si Ginecologia. 36 (2): 147–149. ISSN   0029-781X. PMID   12343448.
  10. ↑ Radu, A.; Capra, G. (1988). "[Medical and social implications of abortion]". Obstetrica Si Ginecologia. 36 (2): 147–149. ISSN   0029-781X. PMID   12343448.
  11. ↑ "Abortion is Real". The Namibian. 22 October 2021. Archived from the original on 23 October 2021. Retrieved 23 October 2021.
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