Mwiine Andew Kaggwa,
Uganda, like many other countries, has long grappled with the complex and sensitive issue of abortion. The country’s laws currently criminalize abortion, except in cases where the mother’s life is at risk. However, there is an ongoing debate about whether abortion should be legalized or decriminalized. In this article, we will explore both sides of the argument.
The Case for Legalization
Proponents of legalizing abortion argue that it would reduce maternal mortality and morbidity: Legal abortion would ensure safe and regulated procedures, reducing the risk of death and injury associated with unsafe abortions.
According to the International Organisation of Medicine, every year worldwide, about 42 million women with unintended pregnancies choose abortion, and nearly half of these procedures, 20 million, are unsafe. Some 68,000 women die of unsafe abortion annually, making it one of the leading causes of maternal mortality (13%).
Of the women who survive unsafe abortion, 5 million will suffer long-term health complications. Unsafe abortion is thus a pressing issue. Both of the primary methods for preventing unsafe abortion—less restrictive abortion laws and greater contraceptive use—face social, religious, and political obstacles, particularly in developing nations.
In Uganda, Ministry of Health in the Annual Health Sector Performance Report of 2017-2018 estimates that as of 2018, 5.3% of all maternal deaths result from abortion complications so in order to reduce this gap, legalizing abortion should be considered by legislators.
Legalizing abortion also promotes reproductive autonomy: Women have the right to make choices about their bodies, health, and well-being. An article by Fredrick Makumbi and others titled Reproductive autonomy and the experience of later-than-desired pregnancy: results from a cross-sectional survey of reproductive-aged women in Uganda elucidated that 28.3% of women had a later-than-desired pregnancy due to limits in reproductive autonomy and this includes abortion as an autonomous decision one has to make to avoid an unwanted pregnancy out of fear since abortion is considered criminal in Uganda.
The proponents also look at the reduction of stigma: Legalization would help normalize abortion, reducing stigma and encouraging open discussions.
When abortion is legal, it becomes a recognized and accepted medical procedure, rather than a clandestine or illegal act. This normalization helps to shift public perception and reduces the shame and guilt associated with abortion.
Legal abortion clinics and services become more visible and accessible, making it easier for women to seek care without fear of judgment or repercussions. Legalization can lead to more comprehensive reproductive health education, including information about abortion, which can help dispel myths and misconceptions that contribute to stigma. Legalization through the removal of criminal penalties helps to decouple abortion from the notion of criminality, reducing the moral judgment and shame attached to it.
Legal abortion reduces the risk of harm and death associated with unsafe abortions, which can help reduce the stigma attached to abortion as a dangerous and illicit act.
The Case for Decriminalization
Advocates for decriminalization argue that it would remove criminal penalties; Decriminalization would ensure that women and healthcare providers are no longer prosecuted for abortion-related offenses. The Ugandan Constitution, in Article 22, clause 2 states: “No person has the right to terminate the life of an unborn child except as may be authorized by law.” Abortion is thus criminalized in Uganda unless it is done by a licensed and registered physician to save a woman’s life or preserve the physical or mental health of the woman. The Ugandan Ministry of Health’s 2006 National Policy Guidelines and Service Standards for Sexual and Reproductive Health and Rights lays out a number of specific cases in which women have the right to seek an abortion, including rape, sexual violence or incest, or when the woman has pre-existing conditions such as HIV or cervical cancer. When we decriminalize abortion, all these laws are set aside, and a free ground is created for each person to decide to venture for or against abortion as may be the case to them without fear of legal implications
Further, decriminalizing abortion improves access to safe abortion services in this, decriminalization would increase access to safe and regulated abortion services, reducing the risk of unsafe abortions. This would be because there are no legal blockades to such spaces.
Coupled with the above, it will also align with human rights, by decriminalization of abortion, it would align Uganda’s laws with international human rights standards, which recognize access to safe and legal abortion as a fundamental right. It should be noted that more than 60 countries and territories have liberalized their abortion laws. Abortion rights are increasingly becoming recognized as fundamental human rights for millions of people worldwide. The following countries have adopted abortion as a safe reproductive health method Poland, France, United Kingdom, Germany, Malta, USA, Columbia, among others so Uganda would be acclaimed for the same if it decriminalized abortion.
Challenges and Considerations
While both legalization and decriminalization have their merits, there are challenges and considerations to be taken into account:
Cultural and religious beliefs: Abortion remains a controversial issue in Uganda, with many people opposing it on cultural and religious grounds.
Healthcare infrastructure: Uganda’s healthcare system faces significant challenges, including limited access to safe abortion services and a shortage of qualified healthcare providers.
Legal framework: Uganda’s laws would need to be revised to ensure that legalization or decriminalization is accompanied by adequate regulations and safeguards.
Conclusion
The debate on abortion in Uganda is complex and multifaceted. While legalization and decriminalization have their advantages, it is crucial to consider the cultural, religious, and healthcare contexts. Ultimately, the goal should be to ensure that women have access to safe and regulated abortion services, while also respecting the rights and beliefs of all individuals involved. Engaging in respectful and informed discussions will enable Uganda work towards a solution that prioritizes all its citizens’ health, well-being, and human rights.
As promised, this is the third piece on our journey to disclose the mystery of abortion in Uganda.
Written By:
Mwiine Andrew Kaggwa
Second Year Law Student
Deputy Attorney General,
30th Guild, Nkumba University
