Presentation is loading. Please wait.

Presentation is loading. Please wait.

Preliminary advocacy findings on the Choice of Termination of Pregnancy Act, common law murder, Concealment of birth of newly born child and case law (S.

Similar presentations


Presentation on theme: "Preliminary advocacy findings on the Choice of Termination of Pregnancy Act, common law murder, Concealment of birth of newly born child and case law (S."— Presentation transcript:

1 Preliminary advocacy findings on the Choice of Termination of Pregnancy Act, common law murder, Concealment of birth of newly born child and case law (S v Mshumpa) Sheri Errington, Luke Lamprecht, Lorna Jacklin

2 Definition Judicial Matters Amendment Act 66 of 2008 Concealment of birth of newly born child 113. (1) Any person who, without a lawful burial order, disposes of the body of any newly born child with intent to conceal the fact of its birth, whether the child died before, during or after birth, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three years. (2) A person may be convicted under subsection (1) although it has not been proved that the child in question died before its body was disposed of.

3 Links Abandonment CHILDREN'S ACT 38 OF (1) In this Act, unless the context indicates otherwise- 'abandoned', in relation to a child, means a child who- (a)has obviously been deserted by the parent, guardian or care-giver; or (b)has, for no apparent reason, had no contact with the parent, guardian, or care-giver for a period of at least three months; INTENT

4 Cont.. Murder: Unlawful and Intentional killing of another person – S v Mashumpa – Hydrostatic lung tests – PM reports and norms for aging foetuses – Abortion used interchangeably with miscarriage – State vs Private norms for viable births (legally 26 weeks) Culpable Homicide. Unlawful Negligent killing of another person. 24 weeks gms 28 weeks gms 32 weeks gms 36 weeks gms 40 weeks gms

5 What we saw in JHB in 2013

6 Where we saw it Johannesburg's maps of discarded children and potential children Sheri Errington

7 JHB Central Hospitals & Clinics 1.Joubert Park Clinic 2.Urban Health Clinic 3.Mbobo LT/a Bhopelo Clinic 4.Stanfin Pharmacy Clinic 5.Albert Clinic Organisations None Key: Non-viable (>26 weeks) Viable (<26 weeks) JHB Central

8 Hillbrow Hospitals & Clinics 1.Charlotte Maxexe Academic Hospital 2.Parklane Clinic 3.Brenthurst Clinic 4.Hillbrow Community Health Centre 5.Hillbrow Hospital – Well Baby Clinic A Organisations A.Children’s Memorial Institute B.Door of Hope C.Wits Reproductive Health Unit B Key: Non-viable (>26 weeks) Viable (<26 weeks) 4 C

9 Key: Non-viable (>26 weeks) Viable (<26 weeks) Hospitals & Clinics 1.Fourth Avenue Clinic 2.Alexandra City Council Clinic Organisations ? Alexandra 1 2

10 Key: Non-viable (>26 weeks) Viable (<26 weeks) Hospitals & Clinics 1.- Organisations None Moffatview

11 Key: Non-viable (>26 weeks) Viable (<26 weeks) Hospitals & Clinics 1.Helen Joseph Hospital Organisations None Sophiatown

12 Key: Non-viable (>26 weeks) Viable (<26 weeks) Hospitals & Clinics 1.- Organisations None Mondeor

13 Key: Non-viable (>26 weeks) Viable (<26 weeks) Hospitals & Clinics 1.- Organisations None Paulshof

14 The issues Family planning (planned, wanted, unwanted) In Utero care and attachment The Choice on Termination of Pregnancy Act, 92 of 1996 At birth Family preservation Alternative care Reunification Adoption awareness Statistics


Download ppt "Preliminary advocacy findings on the Choice of Termination of Pregnancy Act, common law murder, Concealment of birth of newly born child and case law (S."

Similar presentations


Ads by Google