- The Gauteng High Court has ruled in favour of a minor who was denied access to termination of pregnancy services.
- SECTION27 launched an urgent application on the teen’s behalf.
- She was more than 20 weeks pregnant by the time the order was granted.
A Gauteng minor has succeeded in her attempt to have an abortion while more than 20 weeks pregnant – after she took the provincial health department to court with the help of public interest law centre, SECTION27.
On Sunday, 28 May, the Gauteng High Court in Johannesburg gave the department a day to make arrangements to give the teen access to termination of pregnancy services at a primary public healthcare facility.
SECTION27 spokesperson Pearl Nicodemus said the teen had made multiple attempts to have her pregnancy terminated, without success.
She said the teen’s rights to reproductive health services, bodily autonomy and access to healthcare services were violated when she was repeatedly denied her rights under the Choice of Termination of Pregnancy Act 92 of 1996 (CTOPA).
“The healthcare provider at the primary healthcare facility the girl attended, incorrectly told her that the position of the foetus meant that she was disqualified for a termination of pregnancy service, but she was not referred to a tertiary hospital. This denial delayed access to the termination of pregnancy,” she said.
She added:
In our view, the office of the MEC and the head of the Gauteng health department failed to fulfil their constitutional obligation in terms of Section 27(1)(a), which states that everyone has the right to access healthcare services, including reproductive healthcare.
The application was argued on Saturday, 27 May and the following day, the court granted the order. It gave the department until Monday, 29 May to assist the teen.
By the time the order was granted the minor was 20 weeks and four days pregnant, and she only had two days to have her pregnancy terminated, according to the centre.
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SECTION27 welcomed the court’s decision.
“The urgent court finding is an essential step in securing termination of pregnancy in terms of Section 2(1) (b) of the CTOPA,” Nicodemus said.
It’s understood the teenager received the treatment she required.