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Reforming African Abortion Laws to Achieve Transparency: Arguments from Equality

Reforming African Abortion Laws to Achieve Transparency: Arguments from Equality CHARLES G. NGWENA I. INTRODUCTION The historical criminalisation of abortion is a major explanation for the persistence of unsafe abortion in the African region. As long as criminalisation remains the main tool for regulating abortion, the question of reforming African abortion laws will not go away. The African region carries a disproportionate burden of unsafe abortion at a time when technologies and procedures for terminating pregnancy have become not only much easier to use and safer, but also more affordable. In the Global South, where doctors are highly scarce and/or their distribution is highly skewed, appropriately trained mid-level providers can, if domestic law permits, be trained to safely perform abortions using methods such as MVA (manual vacuum aspiration).1 In this regard, South Africa has led the way in the African region by recognising the competence of appropriately trained midwives and nurses to perform abortions in the first trimester,2 with a salutary effect on substantially broadening access to safe abortion.3 Another important development is the advent of medical abortion. Medicines for procuring abortion obviate the need for invasive surgery, making it even more feasible for developing countries to meet abortion needs, without first incurring large capital outlays in health http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Reforming African Abortion Laws to Achieve Transparency: Arguments from Equality

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2013
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2013.0070
Publisher site
See Article on Publisher Site

Abstract

CHARLES G. NGWENA I. INTRODUCTION The historical criminalisation of abortion is a major explanation for the persistence of unsafe abortion in the African region. As long as criminalisation remains the main tool for regulating abortion, the question of reforming African abortion laws will not go away. The African region carries a disproportionate burden of unsafe abortion at a time when technologies and procedures for terminating pregnancy have become not only much easier to use and safer, but also more affordable. In the Global South, where doctors are highly scarce and/or their distribution is highly skewed, appropriately trained mid-level providers can, if domestic law permits, be trained to safely perform abortions using methods such as MVA (manual vacuum aspiration).1 In this regard, South Africa has led the way in the African region by recognising the competence of appropriately trained midwives and nurses to perform abortions in the first trimester,2 with a salutary effect on substantially broadening access to safe abortion.3 Another important development is the advent of medical abortion. Medicines for procuring abortion obviate the need for invasive surgery, making it even more feasible for developing countries to meet abortion needs, without first incurring large capital outlays in health

Journal

African Journal of International and Comparative Law – Edinburgh University Press

Published: Oct 1, 2013

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