The reality of women’s reproductive rights in SA

SOUTH Africa’s Constitution articulates one of the world’s most progressive visions for human rights. But after 30 years into democracy, the daily reality of women’s sexual and reproductive health rights (SRHR) boldly contradicts the spirit of that promise.

- SESHNI MOODLEY

Section 27(1)(a) of the Constitution of the Republic of South Africa guarantees access to healthcare services, including reproductive health, to everyone living in the country, regardless of their immigration status.

South Africa’s legal architecture around SRHR is extensive. Beyond Section 27, the Constitution affirms the right to bodily and psychological integrity under Section 12(2)(a), explicitly including reproductive decision-making. The Choice on Termination of Pregnancy Act 92 of 1996 translated these rights into policy, permitting abortion on request within the first 12 weeks of pregnancy and under specific conditions thereafter. No parental or spousal consent is required. This is a rare marker of autonomy on the African continent.

In theory, SRHR includes far more than abortion. It spans contraception, antenatal and postnatal care, treatment for sexually transmitted infections, cancer screening, and comprehensive sex education. These are essential tools not just for health, but for women's autonomy.

Services like antenatal care, family planning, HIV testing, and termination procedures are rights and not privileges in South Africa.

Although South African law guarantees access to SRHR services, several gaps persist, including:

• Adolescents face judgment from health workers when requesting contraception, even though the Children’s Act allows access from age 12.