MEDIA RELEASE

EMBARGO: Immediate Release Enquiries: Dr Tseliso Nkuebe
Date: 15 January 2007 Mobile: +27 83 957 0832

FREEDOM OF CONSCIENCE FOR HEALTH PROFESSIONALS
ONCE AGAIN DENIED AT COMING THURSDAY’S EMERGENCY RE-VOTE
ON THE ABORTION AMENDMENT BILL

Despite strong objections and numerous appeals from opposition parties the South African Government refuses to follow international trends regarding a conscience clause for health professionals in respect of abortion. Most democracies have legislation to protect doctors and nurses who have conscientious objection to abortion. Recently Dr Henry Morgentaler, a pro-abortionist, known as Canada’s father of abortion stated that, “doctors should not be obliged to do things (referring to abortion) which they don't approve of themselves.” Canadian law contains such a clause which grants doctors the right to refuse to take part and refer patients to abortion centers.

During the recent public hearings on the abortion law, the South African public demonstrated overwhelmingly its support for a conscience clause. In the light of this it is unexplicable that the Health Portfolio Committee has still not included a conscience clause in the Abortion Amendment Bill to be voted on by Parliament on the 17th of January 2008 in Cape Town.

Some countries that have enacted conscience clauses include: the United Kingdom, France, Belgium, Denmark, Slovenia, Cyprus, USA, Australia, New Zealand and Tasmania,

In 2007 Judge Dennis Davis of the Labour Appeals Court instructed the Minister of Health to clarify health professionals’ right to conscientious objection. Yet, nothing has been done to date.

It is clear that the right to refuse to participate in abortion is internationally recognized. Even though South Africa is considered to be a world leader in protecting and promoting human rights, it appears as if this is one area that has been stubbornly avoided. We therefore appeal to Members of Parliament to not pass the Abortion Amendment Bill until clear provision is made for health professionals to exercise their constitutional right to freedom of conscience – as is done in other countries.

Doctors for Life International challenged the said Amendment Act in the Constitutional Court on the basis that insufficient public participation had taken place. The Court subsequently declared the Bill invalid and gave Parliament until February 2008 to consult the public. Many issues were raised at the more than 80 public hearings held. However, no changes were made to the Bill. When the Bill was put to the vote in Parliament, a quorum could not be established due to opposition parties walking out. Parliament now recalled MP’s to vote on the Bill before the Constitutional Court’s deadline.

'Doctors for Life International' represents more than 1400 medical doctors and specialists, three-quarters of who practice in South Africa. Since 1991 DFL has been actively promoting health care that is safe and efficient for all South Africans. For more information visit www.dfl.org.za

Further Reading:

DFL's stance on abortion: statistics, literiture, press releases etc
Other Court Cases where DFL is involved
Other Issues