The employment act chapter 268 of the laws of zambia is the principal piece of legislation governing employee rights in zambia. Department of nursing sciences, university of zambia, zambia. Section 1, 3, 710 amended by criminal law sexual offences and related matters amendment act 32 of 2007 from 16 dec 2007. The archival material reveals that restrictive elements were in focus when the zambian termination of pregnancy act was passed 1972. A contract of employment terminates in the manner stated in the contract of employment or in any other manner as stated in the employment code act, except that where an employer terminates the contract, the employer must give reasons to the employee for the termination of.
Some of these restrictive elements are still readily recognized in todays abortion debate. This act may be cited as the termination of pregnancy act. The termination of pregnancy act of 1972 permits an abortion to be performed if three registered medical practitioners are of the opinion formed in good faith that a continuation of the pregnancy would involve risk to the life or of injury to the physical or mental health of the pregnant woman, or of injury to the physical or mental health of. The new labour laws are emphatic on employers giving a reason for terminating a contract of employment. Employment amendment enacted by the parliament of zambia. The zambian termination of pregnancy act permits abortion on socioeconomic grounds, but access to safe abortion services is limited and. This paper sets out to contribute understanding of why the public sector investment in safe abortion services in zambia is not fully used by women seeking to terminate a pregnancy.
The law on abortion in zimbabwe abortion in zimbabwe is illegal as provided for under the termination of pregnancy act of 1977 chapter 15. According to the termination of pregnancy act of 1972, an abortion in zambia can be conducted where the pregnancy constitutes a risk to. National food and nutrition commission act chapter 309. A distinction is drawn between oral contracts of service, which are governed by part iv of the employment act, and written contracts of service, which are governed by part v. In zambia, the taboo surrounding abortion leads to thousands of women dying every year as they try to terminate pregnancies. The implications of zambias draft constitution for. The law was put together in 1972 following a fiery. Zambias abortion provisions center for reproductive rights. Pregnancy termination trajectories in zambia lse research online. Shaping the abortion policy competing discourses on the zambian. Enacted in 1977 by the parliament of rhodesia and effective starting 1 january 1978, it was retained after zimbabwes independence in 1980.
Circumstances in which pregnancy may be terminated. Zambia has a termination of pregnancy act that does not define termination of pregnancy, but instead refers directly to abortion throughout the act. Abortion is actually legal under the termination of pregnancy act. The termination of pregnancy act of 1972 states that an abortion may take place if the continuation of the pregnancy involves a risk to the pregnant womans life, physical or mental health. Does supportive legislation guarantee access to pregnancy. Terminating an employees contract is not easy especially that, one needs to ensure that the termination does not unnecessarily land your organization in court. The zambian termination of pregnancy act permits abortion on socioeconomic grounds, but access to safe abortion services is limited and this constitutes a considerable problem for rights to sexual and reprodu. Although african countries have some of the worlds most restrictive abortion laws, zambia s termination of pregnancy act of 1972 permits pregnancy termination on health and other socioeconomic. Shaping the abortion policy competing discourses on the. Health regulation of termination of pregnancy act 2018. The territory was administered by the south africa company from 1891 until it was taken over by the united kingdom in 1923. The zambian termination of pregnancy act permits abortion on socioeconomic grounds, but access to safe abortion services is limited and this constitutes a considerable problem for rights to sexual and reproductive health.
The health regulation of termination of pregnancy act 2018 act no. While abortions in zambia are allowed on the broad grounds spelled out in the termination of pregnancy act of 1972, the same law also severely restricts access to safe and legal abortion services. Abortion in trinidad and tobago human rights law tt. Employment actpdf the employment act chapter 268 of the. Chapter 304termination of pregnancy act arrangement of sections section 1. The medical termination of pregnancy act, 1971 act no. Subject to this act, a pregnancy may be terminated. Understanding the critical provisions of the employment act ch. Amended by choice on termination of pregnancy amendment act 1 of 2008 from 18 feb 2008. Reproductive health and the politics of abortion in. Moving to ease abortion laws in the country, the union cabinet is set to consider a host of changes to the medical termination of pregnancy mtp act, 1971. Laws of the republic of zambia, chapter 304, the termination of pregnancy act enacted 1972, revised 1994 penal code act, chapter xv, articles 151153 zambiapenalcodearticles151153. Choice on termination of pregnancy act south african. In sections 151 and 152, the penal code prohibits abortion by a pregnant woman herself or assisted by any other person to procure an abortion.
The implications of zambia s draft constitution for maternal mortality january 2015 in zambia, induced abortion termination of pregnancy is legal when carried out by a registered medical practitioner who believes that continuing a pregnancy involves a risk to the life of the. An act to amend and clarify the law relating to termination of pregnancy by registered medical practitioners. This was before the enactment of the zambian termination of pregnancy act of 1972. Shaping the abortion policy competing discourses on the zambian termination of pregnancy act. Termination of pregnancy act zimbabwe the termination of pregnancy act is a law in zimbabwe governing abortion. The termination of pregnancy act of 1972 permits an abortion to be performed if. It is hereby notified that the president has assented to the following act which is hereby published for general information. Termination of pregnancy act national assembly of zambia. Termination of employment contract under the new labour. Legislative provisions regulating termination of employment in zambia are found in the employment act, cap. Exemption is hereby granted to the tanzaniazambia railway authority from the operation of the following provisions of the act. The act permits abortion if continuation of pregnancy involves risk to. Pdf shaping the abortion policy competing discourses on the.
Status of sexual and reproductive health and rights in. Open access research women s knowledge and attitudes. Among others, amendments seek to increase the upper limit for termination of a pregnancy. No person may terminate a pregnancy otherwise than in accordance with this act. With financial support from ipas, zambia police just concluded. Termination of pregnancy act 1972 is given in the final clause of the revision kalunga 2012, chakwe 20, concerned 2014. Zambian law provides for safe abortionhealth minister. Notice of resignation, termination in zambia severance. Abortion is regulated by the termination of pregnancy act. Prohibition of termination of employment on pregnancy related reasons. According to the 1972 termination of pregnancy top act, an abortion in zambia can be legally conducted under the following circumstances. Form 1 shall be submitted in duplicate by the medical practitioner or registered midwife who is performing the termination of a pregnancy in terms of section 21a or b of the act to the person in charge of a facility or the person designated for such purpose.
In the summer of 2017, the supreme court of india denied permission to abort a 26weekold foetus, detected with down syndrome at 22 weeks, to a family which already had a child with special needs, on the grounds that the 20week mark specified in the medical termination of pregnancy act of 1971 had been crossed. Can the consent provisions in the choice on termination of. The case of zambia provides an opportunity to explore the relationship between a legal framework that. It permits termination under medical supervision, generally up to 12 weeks. People v gulshan, smith and finlayson 1971 high court of zambia criminal hp 111971 the case concerns three doctors who were charged under the zambian penal code for unlawfully procuring an abortion. Zambias abortion law permits pregnancy termination on health and socioeconomic grounds see box, page 2. Pdf shaping the abortion policy competing discourses. Introduction the zambian termination of pregnancy act permits abortion on socioeconomic grounds, but access to safe abortion services is. Act to determine the circumstances in which and conditions under which the. Table 1 termination of pregnancy act of 1972 in zambia, abortions are allowed under the following circumstances. Where the pregnancy constitutes a risk to the life of the pregnant woman including risk of injury to the physical or mental health of the pregnant woman or risk of injury to the physical or mental health or. Abortion is regulated by the termination of pregnancy act of chapter 26 of 1972. The termination of pregnancy act, enacted in 1972 chapter 304 of the laws of zambia and amended in 1994 grz 2009, legalises induced abortion when. The restrictive aspects of the law were emphasized further when zambia was later declared as a christian nation.
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