Court orders hospital to abort teen’s pregnancy
Non-profit organisation Section27 has welcomed the Gauteng High Court (Johannesburg) 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 yesterday granted an order compelling the Gauteng Department of Health to make arrangements to provide the minor with an abortion.
IoL reports that 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 an abortion up to and including the 20th week of pregnancy, on non-medical grounds.
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.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
