Teenage Pregnancy in South Africa: the role of Human Rights and the Law

Abstract

This paper explores the pervasive issue of teenage pregnancy which disproportionally affects vulnerable girls who need protection. It highlights the legal, social and policy changes affecting pregnant teenagers and teenage mothers. This paper considers South Africa’s international and domestic human rights obligations relating to teenage pregnancy and examines what the State has done to help pregnant teenagers and teenage mothers to realize their right to education. The paper finds that the policies which are in existence do not adequately address the gaps in the law and suggests that the solutions in place are not conducive to the full recognition of their rights. The result is that this demographic continues to be prejudiced by reason of their gender and age. Further, the stigma and lack of support they experience forces them to drop out of school. This paper avers that there is an urgent need for policy reform, particularly of the Integrated School Health Policy and the Screening, Identification, Assessment and Support Policy to ensure that there are adequate protections extended to pregnant teenagers and teenage mothers to enable them to enjoy their right to education.