UNIT 11
ABORTION AND TERMINATION OF PREGNANCY
DEFINITON OF ABORTION
A human being has certain rights and obligations
Questions raised:
1. Does an unborn Foetus have rights?
2. Will an abortion be seen as a form of euthanasia?
3. What is meant by the term abortion/termination of pregnancy?
Definition:
Abortion means the abortion of a living Foetus of a woman with the intent to kill the Foetus
Burchess and Militon define abortion as:
The unlawful termination of the pregnancy of a human female
Schwar says abortion means:
The intentional or spontaneous termination of a pregnancy before the Foetus is viable
Choice on termination of pregnancy act 92 or 1996 says termination means:
The separation and expulsion by medical or surgical means of the content of the uterus of a
pregnant women
Various types of termination of pregnancies:
Three types of terminations:
1. Spontaneous or natural termination
2. Therapeutic
3. Criminal
a. Spontaneous or natural termination:
1. Threatened abortions
2. Inevitable abortions
3. Incomplete abortions
4. Concealed abortions
5. Habitual or repeated abortions
6. Septic abortions
b. Therapeutic termination of pregnancy:
If a legally permissible indication exists and all legal requirements are fulfilled then a
pregnancy (where the Foetus is alive) may be therapeutically terminated by the
removal of the gestational product
1
, c. Criminal termination of pregnancy:
Like the therapeutic procedure = criminal abortion is also the intentional termination
of a pregnancy with the purpose of killing the living Foetus BUT without complying
with the requirements of the act
The abortion may be performed by:
1. Professional person who doesn’t use scientific methods
2. By the woman herself
3. By a friend
Illegal methods:
Various methods can be used to terminate a pregnancy but are illegal
Symptoms and signs of a criminal abortion with complications depends on:
1. The proficiency of the person performing the abortion
2. Methods used
3. Duration of the pregnancy
Criminal abortions are associated with the following (not suffered by the other
methods):
1. Fever
2. Vaginal infections
3. Sepsis signs
Septic abortions:
Like criminal abortions
The less professional the person who performs the procedure = the higher the risk
or incidence of complications
Elements of the crime:
The essential elements:
1. Termination = The separation and expulsion by medical means of the content of the uterus
2. Unlawfulness = Only terminated by the informed consent of the mother and certain stages of
the pregnancy are taken into account
3. Fault = Intention is required
4. Medical practitioner or registered midwife:
1. In the first 12 weeks = a registered midwife can perform abortion
2. All other stages = registered medical practitioners
2
ABORTION AND TERMINATION OF PREGNANCY
DEFINITON OF ABORTION
A human being has certain rights and obligations
Questions raised:
1. Does an unborn Foetus have rights?
2. Will an abortion be seen as a form of euthanasia?
3. What is meant by the term abortion/termination of pregnancy?
Definition:
Abortion means the abortion of a living Foetus of a woman with the intent to kill the Foetus
Burchess and Militon define abortion as:
The unlawful termination of the pregnancy of a human female
Schwar says abortion means:
The intentional or spontaneous termination of a pregnancy before the Foetus is viable
Choice on termination of pregnancy act 92 or 1996 says termination means:
The separation and expulsion by medical or surgical means of the content of the uterus of a
pregnant women
Various types of termination of pregnancies:
Three types of terminations:
1. Spontaneous or natural termination
2. Therapeutic
3. Criminal
a. Spontaneous or natural termination:
1. Threatened abortions
2. Inevitable abortions
3. Incomplete abortions
4. Concealed abortions
5. Habitual or repeated abortions
6. Septic abortions
b. Therapeutic termination of pregnancy:
If a legally permissible indication exists and all legal requirements are fulfilled then a
pregnancy (where the Foetus is alive) may be therapeutically terminated by the
removal of the gestational product
1
, c. Criminal termination of pregnancy:
Like the therapeutic procedure = criminal abortion is also the intentional termination
of a pregnancy with the purpose of killing the living Foetus BUT without complying
with the requirements of the act
The abortion may be performed by:
1. Professional person who doesn’t use scientific methods
2. By the woman herself
3. By a friend
Illegal methods:
Various methods can be used to terminate a pregnancy but are illegal
Symptoms and signs of a criminal abortion with complications depends on:
1. The proficiency of the person performing the abortion
2. Methods used
3. Duration of the pregnancy
Criminal abortions are associated with the following (not suffered by the other
methods):
1. Fever
2. Vaginal infections
3. Sepsis signs
Septic abortions:
Like criminal abortions
The less professional the person who performs the procedure = the higher the risk
or incidence of complications
Elements of the crime:
The essential elements:
1. Termination = The separation and expulsion by medical means of the content of the uterus
2. Unlawfulness = Only terminated by the informed consent of the mother and certain stages of
the pregnancy are taken into account
3. Fault = Intention is required
4. Medical practitioner or registered midwife:
1. In the first 12 weeks = a registered midwife can perform abortion
2. All other stages = registered medical practitioners
2
