Policing teenage pregnancies: Complexities and implications
Article Sidebar
Main Article Content
Abstract
South Africa has an unacceptably high rate of teenage pregnancies. Of particular concern is the number of pregnancies in 10 - 14-year- olds. In this age group, there has been a 48.7% increase in deliveries, with 2 726 taking place pre-Covid-19 (2017 - 2018) and 4 053 in 2020 - 2021. In response to these figures, there has been a range of calls for criminal law to play a greater role in deterring teenagers from engaging in underage sex which results in pregnancy. This article helps to explore the complexities and implications of a criminal law approach by firstly providing an overview of the existing legal framework regulating adolescent sexual and reproductive health rights; secondly, examining sexual offences that limit adolescent rights and their practical implications; and thirdly, discussing public health and rights consequences that may flow from using criminal law as part of a comprehensive strategy to address teenage pregnancy. It concludes that although both civil law and criminal law have a common goal – the promotion of sexual reproductive health rights of children and the protection against unhealthy and exploitative engagements – there is a disjuncture between their approaches, practically and ideologically. Civil law and its structures endeavour to create an educative, empowering and safe space where adolescents can get the support and services they need. Criminal law creates a hostile and disenfranchising space which research has shown creates a barrier to accessing sexual and reproductive health and rights (SRHR) owing to fear of reprimand, stigmatisation, re-victimisation, community ostracism, and familial or partner rejection. A concern is the divergent and perhaps even counter-intuitive ways in which these two mechanisms seek to achieve the common goal.
Article Details
Issue
Section
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
The SAJBL is published under an Attribution-Non Commercial International Creative Commons Attribution (CC-BY-NC 4.0) License. Under this license, authors agree to make articles available to users, without permission or fees, for any lawful, non-commercial purpose. Users may read, copy, or re-use published content as long as the author and original place of publication are properly cited.
Exceptions to this license model is allowed for UKRI and research funded by organisations requiring that research be published open-access without embargo, under a CC-BY licence. As per the journals archiving policy, authors are permitted to self-archive the author-accepted manuscript (AAM) in a repository.
How to Cite
References
1. Barron P, Subedar H, Letsoko M, Makua M, Pillay Y. Teenage births and pregnancies in South Africa, 2017-2021–a reflection of a troubled country: Analysis of public sector data. S Afr Med J 2022;112(4):252-258.
2. Kekeletso K. To: Minister of Health – Dr Joe Phaahla. Make pregnancies of minors a notifiable incidence. https://awethu.amandla.mobi/petitions/ make-pregnancies-by-minors-a-notifiable-incidence?source=whatsapp- share-button&utm_source=whatsapp&share=294d7912-d4e1-4561-8a87- f52e5de8470a (accessed 2 January 2024).
3. Wicks B. Concerns over calls to force healthcare providers to report teen pregnancies to police. News24. 2023. https://www.news24.com/news24/ southafrica/news/concerns-over-calls-to-force-healthcare-providers-to- report-teen-pregnancies-to-police-20231003 (accessed 28 March 2024).
4. Teddy Bear Clinic for Abused Children and Another v Minister of Justice and Constitutional Development and Another (CCT 12/13) [2013] ZACC 35.
5. Republic of South Africa: Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007.
6. Donovan P. Can statutory rape laws be effective in preventing adolescent pregnancy? Family Planning Perspectives 1997;29(1):30-40.
7. Republic of South Africa: Constitution of the Republic of South Africa, 1996.
8. Strode A, Essack Z. Facilitating access to adolescent sexual and reproductive health services through legislative reform: Lessons from the South African
experience. S Afr Med J 2017;107(9):741-744.
9. Strode A, Slack C, Essack Z. Child consent in South African law: Implications for
researchers, service providers and policymakers. S Afr Med J 2010;100(4).
10. Republic of South Africa: Choice on Termination of Pregnancy Act, 92 of 1996.
11. Christian Lawyers Association of SA v Minister of Health 1998 (4) SA 1113 (T).
12. Strode A, Toohey J, Slack C, Bhamjee S. Reporting underage consensual sex
after the Teddy Bear case: A different perspective. S Afr J Bioethics and Law 2013;6(2):45-47.
13. Bhamjee S, Essack Z, Strode AE. Amendments to the Sexual Offences Act dealing with consensual underage sex: Implications for doctors and researchers. S Afr Med J 2016;106(3):256-259.
14. Strode A, Badul C. Mandatory reporting obligations within the context of health research: Grappling with some of the ethical-legal complexities. S Afr J Bioethics and Law 2023;16(1):4-8.
15. Centre for Child Law v Director of Public Prosecutions, Johannesburg and Others (2022) ZACC 35.
16. Republic of South Africa: The Children’s Act, 38 of 2005.
17. Jonas K, Crutzen R, van den Borne B, Sewpaul R, Reddy P. Teenage pregnancy
rates and associations with other health risk behaviours: A three-wave cross- sectional study among South African school-going adolescents. Reproductive Health 2016; 13:1-4.
18. Maughan-Brown B, Kenyon C, Lurie MN. Partner age differences and concurrency in South Africa: Implications for HIV-infection risk among young women. AIDS and Behavior 2014; 18:2469-2476.
19. Essack Z, Strode A. The mandatory reporting of consensual, underage sex: Knowledge, practices and perspectives of social workers in KwaZulu-Natal. S Afr J Bioethics and Law 2015;8(2):21-25.
20. Essack Z, Toohey J, Strode A. Reflecting on adolescents’ evolving sexual and reproductive health rights: Canvassing the opinion of social workers in KwaZulu- Natal, South Africa. Reproductive Health Matters 2016;24(47):195-204.