Unit 5

Question 1

What are the main points from the Christian Lawyers Association of SA v Minister of Health case? (7)

Answer 1

• Philosophy, religion and science are not relevant. What is relevant is the question as to what is meant by section 11 of the C
• In this matter, the determination as to whether ‘conceptus’ (foetus) is a person or not, is not relevant. The determination must be whether the ‘conceptus’ must receive the same legal protection as you and me
• Section 12(2) of the C states clearly that the woman can exercise her own choices regarded her body, and therefore the deduction cannot be made that the foetus must be protected
• The definition of the child in sec 28 does not refer to the foetus as a child. Age begins at birth, and therefore a foetus is not human or a person.
• The term “everyone” in Ch. 2 of the C, does not include the foetus, because it can only be applied to activities that can only be exercised after birth
• The foetus cannot have the right to life, because this would mean that if the mother’s life is threatened, or if she was raped, then the foetus would not be allowed to be aborted.
• If the foetus had the right to life, then all terminations of pregnancies would be murder.