'	Social & Moral Issues Abortion

PARENTS, MINORS AND SECRET ABORTIONS PRESS RELEASE Embargo: Immediate release Date: 2004-03-02 Enquiries: John Smyth, QC (legal spokesperson) Cell: 083 653 8804 Doctors for Life views with grave concern the decision of Judge Mojopelo in the Pretoria High Court refusing to allow the Christian Lawyers’ Association (CLA) application challenging the constitutionality of section 5(3) of the 1996 abortion Act to go forward to trial. We note with astonishment that a matter which is of such concern to the majority of the public should have been dismissed by the judge on a technical point of pleading. Senior Counsel has studied the judgement on our behalf and believes that such an approach is out of step with the policy of the Constitutional Court which is that constitutional challenges should be considered with a broad brush to see whether the legislation under scrutiny is inconsistent with the Constitution ‘’in its meaning, purpose or effect.’’ (See Constitutional Law of South Africa at page 26-5) DFL believes it is self-evident that the effect of section 5(3) of the Abortion Act is to place a vulnerable teenage girl, who unexpectedly finds herself pregnant, in a position where she may in reality be left to make a decision of first importance without the help, compassion and advice of those who are nearest and dearest to her. We believe it is a matter of common sense that this contravenes the basic requirement of our Constitution that ‘a child’s best interests are paramount.’ In the small number of cases caused by parental abuse, mandatory advice from a professional counsellor is more important than ever because a girl who has suffered such trauma is even less likely to be able to make an informed decision without assistance. The fact that a tiny minority of parents abuse their children does not justify legislation removing all parental authority over children, in the same way the possibility of some parents causing or condoning an unwanted pregnancy in their daughter cannot justify giving all teenagers a right to a secret abortion. DFL has in its possession a substantial amount of research material establishing beyond doubt that the emotional and mental immaturity of a minor is such that she needs all the help she can get when faced with an important and long-term decision. The judge failed to make any mention in his judgement of the unchallenged material that was placed before him at the hearing about the position in the USA. At the time of the hearing in April 2003, 38 States in America had introduced statutory guidelines relating to termination of pregnancy for minors; most require the consent of one parent (or a ‘judicial by-pass‘), a reflection period, and professional counselling using graphic material to explain what is involved in an abortion. Accordingly DFL will support CLA should they decide to appeal the decision, perhaps by applying to be admitted to the suit as amicus curiae. Alternatively they will launch their own legal action to reopen the matter.   DFL is an organisation of more than 1060 doctors, specialists and professors of medicine from various medical faculties across South Africa and abroad. _______________________________________________ Please read our disclaimer   Back to Social Issues