The Arguments for Abortion Legalization in Namibia

The position of women’s sexual as well as their reproductive rights in several cases in developing countries such as Namibia are undermined. This is so because, human rights privileges in some of the tropical cases such as abortion still remains an unturned stone. However, evidence across the globe has indicated that countries that do not legally allow abortion are the ones with the most notable trends of abortions as well as death of mothers who will be trying to use remedy solutions for abortion. This is a very different scenario in countries that advocates for abortion as a human right. This essay shall demonstrate the legal position of Namibia with regards to abortion as well as outline how this decision is impacting on women’s sexual as well as reproductive rights in the country.

To begin with, the concept of legal position ascertains to the current strance or review towards the Namibian government appreciation and handling of the abortions within the Namibian terroitory. Under the Abortion and Sterilization Act of South Africa (1975) the Namibian abortion process is restricted, because Namibia adopted this Act at the time of Independence from South Africa in Match 1990. The Abortion and Sterilisation Act of South Africa 1975, provides a number of alternatives under which abortion can be carried out for example when there is a serious threat to the maternal or foetal health or when the pregnancy is a result of rape or incest. Therefore, from the onset it is of paramount importance to note that, Namibia does not legalise abortion but, it is only guided by certain incidences which makes it enforceable.

According to the Abortion and Sterilisation Act of 1975 abortion can only take place in the following scenarios:

1. If a pregnancy is continued it will endanger the life a women and will constitute a serious threat to her mental and physical health or the child can be irreparably seriously handicapped if there is a risk that the child will be born with a physical or mental defect.
2. When the foetus is alleged to have been conceived in consequence of unlawful carnal intercourse (rape or incest).
3. When the foetus has been conceived in consequence of illegitimate carnal intercourse and the woman is, owing to a permanent mental handicap or defect, unable to comprehend the implications of or bear the parental responsibility for the “fruit of coitus.

The act further stipulates that in order to undergo abortion there must be two additional doctors as witnesses to the situation surrounding abortion. However, this legal stance of Namibia seems to be more problematic in nature than a solution. This is so because, abolishing formal abortion procedures does not mean that people are not practicing in it, rather it is putting the lives of citizens at much risk especially the poor who cannot afford to go to countries it is allowed and resort to traditional ways which have various effects. More so, the legal position is affecting the women’s sexual as well as reproductive rights as shall be presented below.

According to World United Nations (2012), the recognition of reproductive rights recognizes that all couples and individuals have a basic right to decide freely the timing, spacing and responsibly the number of children to have and the right to attain the highest standard of sexual and reproductive health. This includes that all have the right to make decisions free on discrimination on reproduction violence and coercion. As a women’s reproductive right, Namibia is not upholding the right for women to have legal and safe abortion. Women has the power to decide on the number of children they want and the number of years to space them, hence by not allowing abortion this right is being undermined resulting in women having to opt for traditional methods which are not safe and in several cases results in death of both the mother and the child.

The legal position of Namibia on the issue of abortion affects women’s sexual and reproductive rights because, it shows a lack of comprehensive sexuality education. Young women and adolescents across Namibia face a wide range of specific challenges in relation to the enjoyment of their sexual and reproductive health and rights. For example, data indicates that although many adolescents are sexually active, high numbers still do not use condoms or other effective methods of contraception to offset the risks of early pregnancy and exposure to sexually transmitted infections, including HIV. Therefore, there is a need to ensure that young women and adolescents across Namibia have access to age-appropriate, evidence-based comprehensive sexuality education and information is a critical component of the measures that are necessary to effectively address these and other challenges.

World United Nations (2012) notes that, the legal stance of Namibia on the issue of abortion affects the women’s sexual as well as reproductive rights because it shows evidence of harmful gender stereotypes, social norms and stigma. Gender norms have evolved and social norms about the role of women in society have advanced considerably. Yet discrimination, harmful gender stereotypes and social norms regarding women’s sexuality and reproductive capacities still prevail across member states, and stigma attaches to many aspects of women’s sexual and reproductive lives. These have a myriad of pervasive and harmful implications for women’s sexual and reproductive health and rights in Namibia and underlie many of the violations and abuses that are highlighted throughout the society.

In addition, spectrum of harmful gender biases, norms and assumptions also underlies many of the legal and policy barriers that impede women’s access to certain sexual and reproductive health services in parts of Namibia. For example, a number of member states retain laws and policies regarding abortion and contraception that are founded upon the harmful presumption that motherhood is, or should be, women’s predominant social role and function. For instance, it is common place in Namibia for legal abortion and contraception services to be excluded from coverage under public health insurance, subsidisation or reimbursement schemes. At times such regulations also expose persisting social norms that favour sex for reproductive purposes as well as beliefs that women should bear the financial and social costs and consequences of sexual activity that is not intended for reproduction.

To sum up the discussion on the issue of legal position concerning abortion in Namibia has indicated that abortion is only performed in the country under certain conditions as such the country does not legalise abortion. However, empirical evidence shows that despite this a high rate of abortion trends is observable across Namibia hence the call for the government to reconsider its stance since not legalising abortion does not entail that it is not taking place, to be precise this position is affecting the sexual as well as reproductive rights of women as it discriminates them according to status and shows great evidence of gender stereotypes.