Johannesburg - Non-profit organisation Section27 has welcomed the South Gauteng High Court’s decision to grant an order compelling the Gauteng Department of Health to take action after a pregnant teenager was denied access to termination of pregnancy services at a primary public health-care facility in Gauteng.
The court granted an order compelling the Gauteng Department of Health to make arrangements to provide the minor with an abortion by Monday.
This comes after the minor made multiple attempts to access the medical service were turned away in denial of her rights under the Choice on Termination of Pregnancy Act 92 of 1996 (CTOPA).
It is alleged that the health-care provider at the primary health-care facility which the girl attended incorrectly told her that the position of the foetus meant she was disqualified for an abortion and did not refer her to a tertiary hospital. This denial delayed access to the abortion.
“The CTOPA provides that women and girls are legally permitted to obtain a TOP (abortion) up to and including the 20th week of pregnancy, on non-medical grounds.
“The minor is now 20 weeks and four days pregnant, with only two days remaining to obtain the TOP lawfully,” Section27 said.
The minor’s right to reproductive health services, bodily autonomy and access to health-care services was violated when the primary health-care facility failed to refer her to a tertiary health-care facility, the organisation said.
According to Section27, who were the respondents in the case (the member of the Executive Council in the Gauteng Department of Health and the head of the Department of Health in Gauteng) failed to fulfil their constitutional obligation in terms of section 27(1)(a) of the Constitution, which states that “everyone has the right to access health care services, including reproductive health care”.
“Girls and women are entitled to bodily autonomy and to assert their right to sexual and reproductive health. The urgent court’s finding is an important step in securing a TOP in terms of section 2(1)(b) of the CTOPA,” it said.
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