Problematising teenage pregnancy as a human rights issue in South Africa
Date
2023
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
University of the Witwatersrand, Johannesburg
Abstract
Teenage pregnancy has long been considered a public health and a socio-economic problem globally, and South Africa in particular. A review of literature indicates that teenage pregnancy poses serious breaches to human rights. Consequently, the research report has determined that rights such as right to health, education, equality and life are at the core of teenage pregnancy. The indivisibility, interdependence, and interrelatedness of these rights become apparent once established that teenage pregnancy affects multiple rights. Against this background, this study problematises teenage pregnancy as a human rights issue in South Africa. The study seeks to answer the following questions: What are the effects of teenage pregnancy on the human rights of pregnant girls and teenage mothers? What are the domestic and international human rights law obligations of South Africa in the context of teenage pregnant? What measures have the SA government put in place to comply with its obligations and reduce high rate of teenage pregnancy in the country? Drawing from literature, case law and general comments/
recommendations and concluding observations of United Nations (UN) treaty bodies, such as the Committee on the Elimination of Discrimination against Women, Committee on Economic, Social and Cultural Rights, Human Rights Committee, and Committee on the Rights of the Child, as well as the regional treaty bodies like the African Commission on Human and Peoples' Rights, and the African Committee of Experts on the Rights and Welfare of the Child, the study found disparities and practical barriers which hampered teenagers from enjoying and accessing sexual and reproductive health information and services, including family planning; knowledge about and use of modern forms of contraception; termination of pregnancy services, antenatal and postnatal care. It also found high incidence of teenage pregnancy was the leading cause of high school dropout rates among girls in the country. Notwithstanding South Africa’s progressive legislation and policy measures, effective implementation of both national and international human rights law standards on teenage pregnancy in South Africa remains a challenge. The South African government should strive towards eliminating all practical and social barriers which prevent girls and teenage mothers’ from access to sexual and reproductive health services. To tackle the disparities and shortages of health care workers, government must hire and train more qualified people, and adopt proper budgetary measures to ensure availability, accessibility and acceptability of resources and services, to strengthen the capacity of the public health care system
Description
A research report Submitted in partial fulfillment of the requirements for the degree of Master of Laws by Coursework and Research Report School of Law University of the Witwatersrand, Johannesburg 2023
Keywords
eenage pregnancy, Human rights, Sexual and reproductive health, Termination of pregnancy, Teenage mothers, UCTD
Citation
Maluleke, Light . (2023). Problematising teenage pregnancy as a human rights issue in South Africa [Master’s dissertation, University of the Witwatersrand, Johannesburg].WireDSpace.https://hdl.handle.net/10539/43531