Title: Options for reform of the Tanzania abortion law.

POPLINE Document Number: 101919

Author(s):

Cook RJ
Dickens BM

Source citation:

[Unpublished] [1983]. 12 p.

Abstract:

The penal code of Tanzania makes it illegal to "unlawfully" perform or induce an abortion or to supply or procure any abortifacient to a woman for the purpose of procuring a miscarriage, whether or not the woman is actually pregnant. Women who are pregnant are forbidden from "unlawfully" inducing an abortion. It is also forbidden to destroy any fetus of 28 weeks age or more unless the life of the mother is at stake. These acts are punishable by imprisonment of 14 years, 3 years, 7 years, and life, respectively. There is no definition given of "unlawful" in this regard; however, Tanzanian abortion law is based directly on a provision of English law which states that it is lawful to perform an abortion to preserve life or physical or mental health. Because the Tanzanian constitution gives its citizens the same opportunities without discrimination, it could be argued that the restrictive abortion law prevents women from protecting their lives and health without restraint, whereas men are able to do so. This provision also admits the argument that the abortion law discriminates against poor women. The prohibitive language and uncertain interpretation of the law inhibits public delivery of pregnancy-related care and results in a high incidence of death, illness, and infertility. Legal uncertainty also shrouds the use of modern medical technologies to prevent implantation or provide postcoital protection against pregnancy, although it seems clear that a woman can use such methods herself before her pregnancy is confirmed (currently at 6-8 weeks from last menstrual period). Reform of the abortion law may be sought through the judicial, executive, or legislative branches of government. Legislation would provide an opportunity to consider whether or not to base abortion legality on such indications as eugenics, rape, incest, child spacing, socioeconomic, health, family status, family responsibility, contraceptive failure, adolescent age, or request of the woman. Administrative provisions should cover the qualifications of health personnel, health facilities, early termination, and contraceptive delivery. This proposal presents a draft bill to amend the Penal Code according to these considerations.

Keywords:

Tanzania
Laws and Statutes
Abortion Law
Abortion
Developing Countries
Africa, Eastern
Africa, Sub Saharan
Africa
Fertility Control, Postconception
Family Planning