LEGAL AND POLICY LANDSCAPE: OPPORTUNITIES FOR OF MATERNAL HEALTH ADVOCACY
Presentation by Barrister Fehintola at the Southwest Stakeholders coalition on Advocacy for the promotion of Child and Women’s Right working Group (APROCHWG)
INTRODUCTION
In Nigeria, advocacy for safe termination of pregnancy is confronted with a lot of issues legally, due to the fact that termination of pregnancy is largely criminalized but with so much limited exceptions; particularly for life threatening condition of the pregnant person.(Woman).
LEGAL FRAMEWORK
Criminalization
Under our law in Nigeria, both the criminal code Act (Southern States) and the Penal Code Act (Northern States) criminalize safe termination of pregnancy except when it is life threatening for the mother, to save her life.
Narrow exceptions: is to safe the pregnant woman”s life. However the Ogun state government has dear to differ from the other states in Nigeria by formulating a policy that will accommodate or broaden the scope of safe termination of pregnancies especially in situation where the person or woman is the victim of rape, incest, and for health purposes such as cancer and hypertension. This is done based on the consideration of the consent of the woman.
Current Challenges
Many abortions are carried out in an unsafe ways, this is due to the fact that the provisions of the Criminal Code and Penal Code are still very much effective under our laws and still criminalizes the act of safe termination of pregnancy in all our state except for when it is life threatening to the mother.
Advocacy opportunities as solution
Raising Awareness:
Educate the public about the dangers of unsafe termination of pregnancies and the importance of safe, legal abortion.
Improving Service Access:
Advocate for the provision of accessible, affordable and quality safe termination of pregnancy, services and post care.
Policy Change Advocacy
Work towards decriminalization of safe termination of pregnancy or expanding the exceptions under which safe termination of pregnancy is legal, such as for severe fetal malformations, rape, incest and other health hazard to life.
Targeted Advocacy
Engage with different stakeholders, including policy makers, healthcare providers, religious leaders, community members and their leaders, the media to build support for safe termination of pregnancy.
Data Collation and monitoring
Support research to inform policy and practice and to document the impact of unsafe termination of pregnancy on individuals and communities. Collect and analyze data on safe termination of pregnancy related health outcomes to inform advocacy and track progress.
Empowering Civil Society
Encouraging alliance and partnerships between civil societies organisations, healthcare providers and other actors to amplify the voice of the movement for safe termination of pregnancy.
Legal Reform
Advocate for changes to existing laws and policies to align with best practices and international standard.
Service Delivery
Support the development and implication of guidelines and resources to ensure that safe termination of pregnancy services are available, accessible and affordable.
Collaboration and Partnerships
Work with a wide range of stakeholders to build support and influence change.
In Conclusion, while the legal landscape is presently saddle with limitations leading to challenges and stringent application of the existing laws, there are significant opportunities to advance safe termination of pregnancies advocacy in Ogun State, Nigeria, through a combination of legal reform; service improvement, public education and strategic collaborations.
