inform the NDOH and the SAPC of the threat that a refusal by pharmacists to dispense abortifacient poses to individuals’ access to safe and legal abortions in South Africa; and 3.3. [...] request an audience with the SAPC and the NDOH to discuss the above alleged conduct which we believe is unlawful in terms of the Choice on Termination of Pregnancy Act1 (CTOP Act) and the National Clinical Guideline for Implementation of the Choice on Termination of Pregnancy Act2 (the Guideline); 1 Act 92 of 1996. [...] In summation, the rationale for this view is that a pharmacist’s refusal to dispense abortifacients may amount to the limitation of 11 an individuals’ rights to reproductive autonomy, and the right to access healthcare services including reproductive health as enshrined in the Constitution of the Republic of South Africa (Constitution). [...] The CTOP Act recognises the that the Constitution protects the right of persons to make decisions concerning reproduction, and the right to security in and control over their bodies. [...] To this end, the endorsers wish to foster a collaborative environment wherein we work together with the SAPC and the NDOH to give effect to the constitutionally enshrined right to reproductive autonomy.
Authors
- Pages
- 21
- Published in
- South Africa
Table of Contents
- SOUTH AFRICAN PHARMACY COUNCIL 1
- NATIONAL DEPARTMENT OF HEALTH 1
- ABORTION SUPPORT SOUTH AFRICA NPC 1
- CENTRE FOR HUMAN RIGHTS UNIVERSITY OF PRETORIA 1
- IPAS SOUTH AFRICA 1
- SECTION 27 2
- INDEPENDENT COMMUNITY PHARMACY ASSOCIATION 2
- MARIE STOPES SOUTH AFRICA 2
- THE SEXUAL REPRODUCTIVE JUSTICE COALITION 2
- THE LEGAL RESOURCES CENTRE 3
- CENTRE FOR APPLIED LEGAL STUDIES 3
- LAWYERS FOR HUMAN RIGHTS 3
- TRIANGLE PROJECT 3
- GENDER DYNAMIX 3
- RE OPEN LETTER LEGAL OPINION REPORTS RECEIVED OF PHARMACISTS REFUSING 4
- TO DISPENSE ABORTIFACIENTS AND REQUEST FOR INTERVENTION FROM THE 4
- SOUTH AFRICAN PHARMACY COUNCIL AND THE NATIONAL DEPARTMENT OF 4
- HEALTH 4
- SAPC 4
- NDOH 4
- Abortion Support South Africa 4
- The Centre for Human Rights University of Pretoria 4
- Ipas South Africa 4
- SECTION 27 4
- The Independent Community Pharmacy Association 5
- Marie Stopes South Africa 5
- The Sexual Reproductive Justice Coalition 5
- The Legal Resources Centre 5
- The Centre for Applied Legal Studies 6
- Triangle Project 6
- Gender Dynamix 6
- Womens Legal Centre 6
- PURPOSE OF THIS LETTER 7
- CTOP Act 7
- Guideline 7
- REPORTS OF PHARMACISTS REFUSING TO DISPENSE STOCK ABORTIFACIENTS DUE TO 8
- PERSONAL BELIEFS OR MORALS 8
- THE LEGAL POSITION 10
- Constitution 11
- The Choice on Termination of Pregnancy Act 92 of 1996 and conscientious objection 11
- Section 15 of the Constitution of the Republic of South Africa and indirect healthcare 12
- Indirect healthcare providers and obstruction to access 14
- THE ADVERSE EFFECT OF UNREGULATED CONSCIENTIOUS OBJECTION ON ACCESS TO 16
- SAFE AND LEGAL ABORTIONS 16
- THE NEED FOR THE SAPC AND NDOH TO EDUCATE PHARMACISTS 17
- Sincerely 20
