Professional Documents
Culture Documents
Caroline Tatua
unplanned and unwanted pregnancy (6 weeks) and she wants you to terminate because she needs to stay in school. A 27 year old woman comes to you and says she is pregnant as a result of being raped and she wants to terminate on those grounds. A 40 year old woman is pregnant but has a heart condition that threatens her life if she carries the pregnancy to term, and wants to terminate.
not with child, unlawfully administers to her or causes her to take any poison or other noxious thing , or uses any force of any kind, or uses any other means whatever, is guilty of a felony and is liable to imprisonment for fourteen years.
The boundaries
THE PENAL CODE Any person who , with intent to procure a miscarriage of a woman whether she is or is without a child.shall be guilty of a felony and shall be liable for imprisonment for 14 years (Section 149)
Any woman who being with child, unlawfully terminates her
pregnancy is guilty of a felony and will be liable to 7 years imprisonment (Section 150)
Any person who unlawfully provides to means to terminate pregnancy
The Boundaries:
Code of Ethics and Professional Conduct (Medical Council of Malawi). The Laws of Malawi prohibit the termination of pregnancy on demand. Practitioners found guilty of procuring or attempting to procure abortions or miscarriages are liable to severe penalties under the Penal Code (Cap: 7:01). In all cases of illegal termination of pregnancies, the penalty shall be suspension or erasure from a register (Section 5.1)
Maternal and Neonatal Mortality and Morbidity in Malawi Reproductive Health Strategy National Sexual and Reproductive Health and Rights Policy 2009 (SRHR Policy)
Policy highlights
Government will provide Post Abortion Care (various RH
documents) National SRHR Policy- Section 3.2 Maternal and Neonatal Health.
Service providers in the public and private sectors shall provide
or refer for safe abortion to the full extent of the laws of Malawi all women deemed to require or requesting the termination of their pregnancies (Article 3.2.2.11 of National SRHR policy)
All women who have complications of abortion shall have access
to quality post abortion services, including post abortion counselling and family planning to avoid repeat abortions. (Article 3.2.2.9 of SRHR Policy)
Policy Highlights:
Manual Vacuum Aspiration shall be the main method
for managing incomplete abortion where gestational age permits (Art.3.2.2.10 of SRHR Policy)
offer clear guidance on what health professionals should do under a diversity of circumstances (compare with Ethiopia, Zambia and South Africa Law on abortion handouts) There is need for standards and guidelines which interpret the law and policies:
To make things clear and protect health
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girls continue seeking abortion for reasons other than stated by law. Due to fear of prosecution and stigma, abortions are usually clandestine. Clandestine abortions are more likely to be unsafe even if carried out by a skilled provider. Women and girls should have access to safe abortion when they need, not when the government thinks it is right Need for legal and policy reform
Abortion data:
Research: 3 studies Magnitude study Strategic assessment Cost study
Health systems improvement in 38 hospitals
2-week field assessment by 24 stakeholders: Inputs from 485 people in 10 health districts In-depth interviews and focus group discussions; visits
for other health care needs if we reduce morbidity from unsafe abortion
become available to spend on other health care needs in public facilities in Malawi Shifting to safe abortion with WHO-recommended methods will decrease unsafe abortion complication rates This is better for women, families, and the health system
reduce cost on management of unsafe abortion DHMT Promote health workers to scale up the cost effective technologies Community -they will have knowledge to demand the services -Early good health seeking behaviors
problem
health care providers in both the public and private sectors o Reform abortion policies/law to allow for more indications for induced abortion
or available on request, a womans likelyhood of having an unwanted pregnancy is about the same.
The legal status of abortion has no
effect on a womans need for abortion. Legal restrictions and other barriers force women to seek abortion from unskilled providers, or self-induce it
policy so that law and policy responds to lived realities of women and girls Provide services to the fullest extent of the law (Comprehensive Abortion Care); clarify boundaries, call for standards and guidelines on provision of abortion care For those who can - Advocate for policy and legal reform