The research is a descriptive study of the unique and diverse experiences of women who terminated their pregnancy according to the Choice on Termination of Pregnancy Act, No 92 of 1996. It traced the psycho-social experiences of the participants from the point of discovery to the actual abortion. The decision to terminate their pregnancy was not an easy one, yet participants chose this plan of action on the basis of their socio-economic circumstances. Moral and financial support was offered to participants from their partners, friends and/or significant others whilst no therapeutic counselling was provided prior to their making the decision to terminate their pregnancy, or the actual termination. Pre-abortion counselling was offered pre-dominantly at private health care institutions whilst none of the health care facilities provided post abortion counselling. Many of the participants had to not only endure the emotional pain of their decision but also the judgmental attitudes of the health care professionals who performed the abortion procedure. Participants were unable to make informed choices regarding the choice of abortion methods. As a result they were also unprepared for the intense physical pain they endured during the procedure. The study used the descriptive research design and a qualitative methodology. Purposive sampling technique was used to select the thirteen participants. Data were obtained through the semi-structured interview schedule. The ages of the participants ranged between 19-31 years. The study concluded that the Choice on Termination of Pregnancy Act, No 92 of 1996 was necessary but that inadequate resources hampered provision of holistic services. In addition the Choice on Termination of Pregnancy Act, No 92 of 1996 does not stipulate that pre and post abortion counselling should be a pre-requisite to access abortion services. This lack of counselling resulted in participants reliance on the medical professionals choice of abortion technique which in most cases was not what participants preferred. This research therefore, advocates the need for medical professionals to provide adequate information to as well as attending to the psycho-social implications for women who request to terminate their pregnancy. / Thesis (M.A.)-University of Natal, Durban, 2000.

S v Mshumpa dealt with the very controversial issue of third party foetal violence that terminates prenatal life. The decision of the Eastern Cape Division emphasised that, until live birth, a foetus is not a legal subject with constitutional rights. As a result of its position in the law, a foetus cannot be the victim of criminal conduct. The court refused to develop the common law crime of murder to include a foetus and referred this issue to the legislature to address. Concerns raised by the research task relate to the most effective method of law reform and the implications of law reform for well established legal principles concerning legal subjectivity, vestment of constitutional rights and female reproductive rights. In order to avoid these concerns, the introduction of a statutory crime is determined as the preferred method for law reform. The aim of the study is to develop a suitably defined statutory crime, with definitional elements that conform to the Constitution and criminal law principles. Before embarking on the mission of exploring possible grounds that justify law reform, the research first examines the extent of inability of the law to impose criminal liability in cases of third party violence that terminates prenatal life. Aspects that are specifically investigated include the common law crime of murder, contravention of the Choice on Termination of Pregnancy Act, attempting the impossible and the common law crime of abortion. A further purpose of this examination is to determine the reasons why foetal interests are not taken into account. Appreciating the lack of criminal remedy, private law principles are considered in order to determine whether there are any principles available to supplement the deficiencies in criminal law. This research found that the value of dignity established by the founding principles of the Constitution and applied in the Choice on Termination of Pregnancy Act demonstrates that the state has an interest in prenatal life. The value of dignity serves as the foundation for law reform. Having established the existence of a sound legal basis which justifies law reform, the research requires an investigation into foreign jurisdictions where the crime of third party foetal violence exists as a result of a state interest in foetal life. The purpose of the investigation is to determine whether the crime is effectively implemented. The United States of America is the selected country to study because third party foetal violence receives attention at both state and federal level. The research found that the implementation of foetal homicide laws in the United States infringes on female reproductive rights and to a certain extent, the foetal homicide laws also grants a foetus legal subjectivity. The United States fails to effectively implement the crime of third party foetal violence in line with its own established legal principles. The research benefits from the study conducted on the United States in that the United States demonstrates the definitional elements the proposed crime should contain in order for the statutory crime to be harmonious with established constitutional and criminal law principles. The study concludes with the recommendation that a statutory crime be developed in the context of female reproductive rights rather than considering the foetus as the victim of crime. The statutory crime is a response to unauthorised third party violence that terminates a woman’s pregnancy. The definitional elements include foetal viability for purposes of causation and will only be applicable to intentional conduct. The value of dignity in relation to prenatal life serves as a support structure for the driving force of female reproductive rights. / Dissertation (LLM)--University of Pretoria, 2011. / Public Law / unrestricted

Background The Choice on Termination of Pregnancy Act (CTOPA) No 92 of 1996 replaced the Abortion and Sterilization Act of 1975. It promotes reproductive rights and the choice on termination of pregnancy. It aims to reduce deaths resulting from illegal abortions. It designates District Hospitals and Community Health Centres to render Termination of Pregnancy (TOP). In the Free State there are 24 District Hospitals and ten Community Health Centres. Currently nine render TOP. None are in Xhariep District. Aim of the study The study investigated barriers to the implementation of the CTOPA in Xhariep District among doctors, nurses and managers in District Hospitals. Methodology It was descriptive in nature, and was divided into the quantitative and qualitative parts. The quantitative part targeted doctors and nurses, while thelatter targeted management. The response rate was 95%. Findings The findings are summarised below:-  Ninety five per cent of the respondents were nurses.  Infrastructural and human resource deficiencies are a barrier to the implementation of the act.  There are insufficient budgets to procure equipment, consumables and pharmaceuticals to render the service.  Training on reproductive health and TOP is not sufficient, except for family planning.  There is stigma towards TOP from the community, and peers. Its origin is religion and culture.  There is no psychosocial and management support for those willing to participate in TOP.  Respondents are willing to refer patients for TOP, and believe that women are entitled to choose whether to terminate unwanted pregnancies or not.  There are no incentives to for those willing to implement the Act, nor provincial support to the Districts. Recommendations  Train staff on reproductive health and TOP.  Hold management accountable by including TOP and the reproductive health package in their performance agreements.  Negotiate incentives for those willing to implement TOP, and recogniseTOP as a speciality in line with the Occupation Specific Dispensation.  Provide infrastructure and equipment for the implementation of TOP.  Develop a recruitment and retention strategy for professionals. The policy on community service for health professionals is a case in point.  Resource the District Health System as a vehicle for Primary Health Care Services. / Thesis (M.Med.Sc.)-University of KwaZulu-Natal, Durban, [2010?].

Thesis (MPH.) -- University of Limpopo, 2022 / Background: Termination of pregnancy among young women is a public health issue, particularly in South Africa where high prevalence of pregnany terminations has lately been reported. It is estimated that 260000 terminations of pregnancy take place in South Africa every year. Studies in South Africa have reported that risk factors associated with termination of pregnancy such as financial problems, being poorly educated, being young, unemployed, dependent on parents, widowed or single and other relationship problems were most common. Approximately 1200 pregnancies were terminated in the District Hospital of Limpopo Province between 2017 and 2018. There is also an increased rate of unintended pregnancy among HIV positive women which suggest that women with HIV may be more likely to terminate pregnancy but chooses not to terminate due to fear of being judged. Therefore, the primary objective of this study was to investigate the risk factors associated with termination of pregnancy at a District Hospital in Limpopo Province. Methodology: A cross-sectional descriptive retrospective review study in which convenience sampling of the records of women who terminated pregnancies was used in this study. A self-constructed data extraction tool was used to extract the data from patients records. The tool covered variables such as the age of the women, educational status, marital status, year and month of termination of pregnancy, gestational age, parity, and gravidity, HIV status and circumstances leading to termination of pregnancy. Data analysis was done using the STATA statistical software version 12 for Windows (STATA Corporation, College Station, Texas). The independent t-test was used for variables having two categories as it assesses whether the difference between means of two groups are statistically significant. This test was performed at the 95% confidence level. The p-value of less than 0.05 in the study results was used for statistical significant difference in means between the categories which were investigated. vi Results: The mean age was 27.9 years (standard error [Std. Err.] =0.37) and majority of women who terminated pregnancies were in the age group 20 – 24 years, single and had a secondary educational level. There was a statistical significance difference between age groups and the gestational age, parity and gravidity at p=0.004 and p<0.001 respectively. The proportion of women who were at gestational age of 1 to 8 weeks decreased with increasing maternal age from 22.4% in age ≤20 years to 13% in age group 30 – 34 years. There was again a statistical significance difference (p<0.001) in relation to number of pregnancies that have each resulted in the birth of an infant capable of survival (parity) and similarly to gravida. The prevalence of HIV amongst women who terminated pregnancy in the current study was found to be 21.3% and the risk of women who terminated pregnancies being HIV positive increased significantly with age as older women (age 20 years and above) were 6.5 times more likely to be HIV positive as compared to younger ones (p<001). Low educational level, gestational age of more than 13 weeks and parity of 1 – 2 were significantly associated with termination of pregnancy. The association of gravida of women who terminated pregnancies and HIV revealed that women who were in their second or third pregnancies (gravida) while HIV positive were 3.9 times more likely to terminate pregnancies as compared to those who were first pregnancy (p<0.001). Marital status was not significantly associated with termination of pregnancy. Conclusion: Termination of pregnancies among adolescents and youth is a major public health issue and the findings of this study highlight the need to address the structural socio-economic drivers of family planning which results in high number of termination of pregnancy amongst the youth. Structural interventions, such as increasing contraceptive use which may be useful for reducing the burden of unplanned pregnancies. These findings suggest the need for targeted interventions for women of child-bearing age to access reproductive health interventions to prevent unintended pregnancies and the associated risk of termination.

Thesis (MA (Philosophy))--University of Stellenbosch, 2008. / The practice of abortion continues to provoke controversy and disagreement. However, within the context of this wider debate, a greater level of consensus appears to have been reached as to the moral acceptability of the practice of prenatal screening, and selective abortion following the detection of foetal abnormality. This study seeks to interrogate whether justifications of this practice lend credence to the moral permissibility of selective abortion. In particular, it considers whether justifications for this practice amount to, or perpetuate, discrimination on the basis of the characteristic of disability, as selective abortion entails choosing against a particular foetus because of its characteristics. This study poses this question in two contexts – where the moral permissibility of selective abortion is regarded as an exception to the general moral impermissibility of abortion, and where selective abortion is regarded as one distinct justification within the context of the general moral permissibility of abortion. This study attempts to show that while justifications of selective abortion are directly discriminatory in the former case, they are not necessarily discriminatory in the latter case. This latter conclusion, however, recommends maintaining vigilance against the possibility that such justifications could rely upon or perpetuate prejudice, or restrict reproductive autonomy. These conclusions are considered within the South African context; in particular, with regard to their application to the Choice on Termination of Pregnancy Act of 1996.

The Choice on Termination of Pregnancy Act (no 92 of 1996) was implemented during 1997. This study attempted to investigate professional nurses' attitudes towards rendering these services in the Carletonville area of South Africa. The research results, obtained from questionnaires completed by professional nurses, indicated that most professional nurses would prefer: &#61623; women to be at least 16 years of age to access these services &#61623; not to allow repeated terminations of pregnancy to the same women &#61623; to administer pills rather than to use vacuum aspirations &#61623; to work in these services by choice only &#61623; to have better equipment, more resources and more staff members in units offering these services &#61623; more support from their families, friends, managers and communities Some professional nurses experienced guilt, depression, anxiety and religious conflicts as a result of the nature of their work. / Health Studies / M.A. (Health Studies)

The legalising of abortion in many countries has given women the choice or right to decide to terminate pregnancy. The Choice on Termination of Pregnancy Act (Act No 92 of 1996) was promulgated in 1997. This legislation promotes reproductive rights including to choose between having an unwanted pregnancy terminated early, safely and legally. The legislation affects both the women who choose to terminate pregnancy and the staff involved in the termination of pregnancy (TOP) procedures. This exploratory, descriptive and contextual qualitative study was designed to gain insight into the experiences of registered nurses in the procedure for termination of pregnancy and to explore recommendations based on these experiences. The researcher adopted a phenomenological approach. Participants were drawn from registered nurses providing TOP services at Soshanguve Community Health Centre near Pretoria. Registered nurses have the right to refuse to participate in TOP, those that do provide the service are exposed to emotional and psychological trauma. / Health Studies / M.A.

Thesis (MPhil)--Stellenbosch University, 2003. / ENGLISH ABSTRACT: A democratic political system grants unimpaired opportunities for all citizens to have their preferences weighted equally in the conduct of government regardless of content or source. However, governments in democratic political systems frequently disregard public preference. But all governments, not only popular governments, are dependent on the 'will of the people' if the system is to remain viable. This study investigates the relationship between public opinion and public policy in South Africa, using the 1996 Choice on Termination of Pregnancy Act as case study, as it provides a practical example to illustrate this complex relationship. The study used a longitudinal approach to investigate shifts in public opinion over a period of five years, using secondary survey analysis. Attitudes towards abortion are cross-tabulated by demographic variables, religion, interest in politics and democratic norms. The study found that the most significant shifts in public opinion occurred within demographic groups previously discriminated against by the 1975 Abortion and Sterilisation Act. In 1994 South Africa emerged from a lengthy anti-apartheid struggle and human rights were of paramount importance to many South Africans. The restrictive abortion legislation of 1975 was vestige of discriminative apartheid legislation and was not in line with South Africa's exemplary 1996 Constitution. Consequently, progressive abortion legislation was ratified, amidst significant public indifference, in order to promote equal citizenship of women. It is argued that abortion constitutes a basic democratic right, in the context of reproductive health rights, and although South African citizens predominantly support a democratic political system, few made the ideological connection with abortion as a democratic right. Therefore, the study infers that the South African electorate is ill informed of the ideological norms surrounding democracy. The significance of this study is that it investigated abortion not as a legal or moral issue, but as a politicised issue in South Africa. The African National Congress (ANC) was strongly committed to advancing progressive abortion legislation in South Africa. The ANC elected to vote on a party platform on the proposed abortion bill. When a majority party, which holds 252 seats of 400 in the National Assembly, elects to vote as a block on proposed legislation, it is likely that the legislation will be passed into law. This conduct of the ANC raises fears that South Africa is a de facto one-party dominant state, where free and fair elections are held, but no rotation in office occurs. Both the 1994 and 1999 elections led to landslide victories for the ANC, and they are assured that the 2003 elections will yield the same result. It is extremely damaging to any democratic system when competition but no contestation occurs. Therefore, it becomes increasingly difficult to distinguish between state and party interests. The study concludes that in the case of progressive abortion legislation in South Africa, the people did not rule. It is the view of this study that the enactment of the Choice on Termination of Pregnancy Act did not represent democratic conduct. It illustrates that the Choice on Termination of Pregnancy Act was, by implication, "bulldozed" into law by the ANC. / AFRIKAANSE OPSOMMING: 'n Demokratiese politieke stelsel vergun gelyke geleenthede aan elke burger sodat hul voorkeure gelyk opgeweeg word in die optrede van 'n regering, ongeag die bron of konteks daarvan. Nogtans minag regerings gereeld openbare voorkeur. Nie slegs populêre regerings nie, maar alle regerings is afhanklik van volkswil, as slegs dan die stelsel lewensvatbaar sal bly. Hierdie studie ondersoek die verhouding tussen openbare mening en openbare beleid in Suid-Afrika. Die Wet op Keuse oor Beëindiging van Swangerskap van 1996 word gebruik, omdat dit 'n praktiese gevallestudie bied om hierdie komplekse verhouding te illustreer. Die studie maak gebruik van 'n langsdeursnee aanslag om die verandering van openbare mening oor vyf jaar te ondersoek en maak gebruik van sekondêre meningsopname vraelys analiese. Lewenshoudings oor aborsie is kruis getabuleer met demografiese veranderlikes, geloof, intriseerdheid in politiek en demokratiese grondregte. Daar is gevind dat die mees aanduidende veranderinge in openbare menings te vinde was in demografiese groepe waarteen gediskrimineer was deur die Wet op Vrugafdrywing en Sterilisasie van 1975. Suid-Afrika het in 1994 uit 'n wydlopende anti-apartheid stryd getree en mense-regte was van oorwegende belang vir die meeste Suid-Afrikaners. Die 1975 Wet op Vrugafdrywing en Sterilisasie was 'n bewys van diskriminerende apartheid wetgewing en was nie in lyn met Suid-Afrika se nuwe Grondwet nie. Dus is progressiewe aborsie wetgewing bekragtig, om vroue in Suid-Afrika gelyke burgerskap te gee, te midde van deurslaggewende openbare ontevredenheid. Die studie veronderstel dat aborsie 'n grondreg van demokrasie vorm, binne die konteks van reproduktiewe gesondheids-regte. Alhoewel Suid-Afrikaners 'n demokratiese politieke stelsel steun, het weinig die konneksie tussen aborsie en demokratiese ideologiese grondregte gemaak. Die studie maak dus die gevolgtrekking dat Suid-Afrikaners swak ingelig is in verband met die ideologiese grondregte van demokrasie. Die inhoudsbelang van hierdie studie is dat aborsie ondersoek word as 'n politieke vraagstuk en nie as morele of wetregtige vraagstuk nie. Die African National Congress (ANC) was sterk verbind tot die totstandbringing van progresiewe aborsie wetgewing in Suid-Afrika en het besluit om op 'n party-platform te stem in Parlement aangaande voorgestelde progressiewe aborsie wetgewing. Wanneer 'n meerderheidsparty, wat 252 setels van 400 in die parlement beslaan, besluit om as 'n blok te stem oor voorgestelde wetgewing, dit redelik seker is dat dié wetgewing bekragtig sal word. Hierdie gedrag van die ANC gee aanleiding tot vrese dat Suid Afrika 'n de facto een party dominante staat is, waar vry en regverdige verkiesings voorkom, maar geen afwisseling in ampstermyn nie. Dit is skadelik vir enige demokratiese stelsel wanneer kompetisie maar geen betwisting paasvind nie. Gevolglik word dit al hoe moeiliker om te onderskei tussen party-en staatsbelange. Die studie sluit af dat die publiek nie regeer het in hierdie geval nie. Dit is die siening van hierdie studie dat die bekragtiging van die Wet op Keuse oor die Beëindiging van Swangerskap van 1996 nie goeie demokratiese optrede weerspieël het nie en dat dit, by implikasie, deur die ANC deur middel van intimidasie bekragtig is.

The legalising of abortion in many countries has given women the choice or right to decide to terminate pregnancy. The Choice on Termination of Pregnancy Act (Act No 92 of 1996) was promulgated in 1997. This legislation promotes reproductive rights including to choose between having an unwanted pregnancy terminated early, safely and legally. The legislation affects both the women who choose to terminate pregnancy and the staff involved in the termination of pregnancy (TOP) procedures. This exploratory, descriptive and contextual qualitative study was designed to gain insight into the experiences of registered nurses in the procedure for termination of pregnancy and to explore recommendations based on these experiences. The researcher adopted a phenomenological approach. Participants were drawn from registered nurses providing TOP services at Soshanguve Community Health Centre near Pretoria. Registered nurses have the right to refuse to participate in TOP, those that do provide the service are exposed to emotional and psychological trauma. / Health Studies / M.A.

The Choice on Termination of Pregnancy Act (no 92 of 1996) was implemented during 1997. This study attempted to investigate professional nurses' attitudes towards rendering these services in the Carletonville area of South Africa. The research results, obtained from questionnaires completed by professional nurses, indicated that most professional nurses would prefer: &#61623; women to be at least 16 years of age to access these services &#61623; not to allow repeated terminations of pregnancy to the same women &#61623; to administer pills rather than to use vacuum aspirations &#61623; to work in these services by choice only &#61623; to have better equipment, more resources and more staff members in units offering these services &#61623; more support from their families, friends, managers and communities Some professional nurses experienced guilt, depression, anxiety and religious conflicts as a result of the nature of their work. / Health Studies / M.A. (Health Studies)