National Department of Health Cluster: MCWH

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National Department of HealthCluster MCWH N

• The Choice on Termination of Pregnancy Amendment
  Bill

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Purpose of the Briefing

• To provide an overview of the Choice on
  Termination of Pregnancy Acts amendments

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ACRONYMS

• MCWH N Maternal, Child, Womens Health and
  Nutrition
• MEC Member of Executive Council
• HoD Head of Department, Province
• DG Director General, National
• CTOP Choice on Termination of Pregnancy

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The Emphasis

• That the CTOP Act, 92 (1996) was NOT challenged
  and NOT found to be invalid
• Amendments in 2003 were found invalid
• Parliament failed to follow due process
• NOT because there is a problem with contents of
  amendments
• The CTOP Act as amended remains a valid Act
• Decisions made in accordance with the Act
  continue to be valid until 17 January 2008

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The Emphasis

• That the challenge is about procedure
• Need for proper public consultation
• That the judgment upholds democratic principles
• Consultation is an important principle of
  democracy
• That the remedy is for parliament to comply with
  democratic procedures

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The Emphasis

• That the challenge and subsequent judgment is NOT
  about
• Challenging a womans right to a TOP
• Targeting the substance of the amendment
• Abortion-care trained nurses to render 1st
  trimester TOPs
• Provisions for greater provincial control and
  implementation

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Amendments to the CTOP Act

• To empower the MECs to approve facilities
• To exempt facilities that already provide 24-hour
  maternity service
• Recording of information and submission of
  statistics
• To enable the MECs to make regulations
• Service Providers in Abortion Care to include
  trained registered nurses
• Penalty Clause

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SECTION I

• Definitions of HoD and MEC
• Definition of registered midwife is qualified
  with the need for prescribed training
• Addition of definition of registered nurse which
  is also qualified with the need for prescribed
  training

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Section 2

• Substitutes Section 3 of Principal Act
• Specifies 10 requirements for approval
• Subsection 3(a)
• Automatic approval of current facilities that
  provide 24 hour maternity services, if the 10
  requirements are met
• Subsection 3(b)
• Places duty on person in charge to notify the MEC
  of the health facility and its provision of
  termination of pregnancy services

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Section 2

• MEC to submit statistics of approved facilities
  once a year to the Minister
• Minister is not divested of power to perform any
  of functions to achieve objects of this Act

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Section 3

• Person in charge of the facility to relay
  information to HoD
• HoD then collates information and relays it to DG

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Section 4

• Minister and DG are replaced by MEC and HoD
  respectively
• Delegation of power by MEC and HoD

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Section 5

• MEC has power to make regulations
• Regulations should be made in consultation with
  the Minister

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Section 6

• Offences
• New offence - terminating or allowing termination
  at a facility that is NOT approved

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Section 8

• Transitional provision
• Facilities already designated deemed to be
  approved in terms of new legislation

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• THANK YOU

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(No Transcript)
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Preamble to CTOP Act, 98 of 1998

• The preamble captures the spirit of the Principal
  Act within the Rights as enshrined in our
  Constitution.

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Constitution Act, Section 12 (2)

• Everyone has the right to bodily and
  psychological integrity, which includes the right
  to make decisions concerning reproduction to
  security in and control over their body and not
  to be subjected to medical or scientific
  experiments without their informed consent

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Constitution Act, Section 27

• Everyone has the Right to have access to health
  care services, including reproductive health care