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Pregnancy law in South Africa - Between reproductive autonomy and foetal interests (Paperback)
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Pregnancy law in South Africa - Between reproductive autonomy and foetal interests (Paperback)
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South African law remains relatively silent on the legal aspects of
pregnancy, and legal commentary is rather scarce too. While there
have been attempts to address the gaps in the law in relation to
specific issues in pregnancy, these attempts have usually favoured
the individual protection of the unborn at the expense of pregnant
women's agency and rights, which has given rise to a tension
between female reproductive autonomy and foetal interests. In
Pregnancy Law in South Africa, the author explores the question of
whether it is possible to regard pregnancy in law as embodying both
women and the unborn and whether the pregnancy can be construed in
a way that it does not come to be framed as an adversarial
relationship. Pregnancy Law in South Africa focuses on the issues
of prenatal substance abuse, termination of pregnancy, violence
that terminates a pregnancy, and the extension of legal personhood
to the unborn. The author argues that pregnancy-related issues will
never be adequately resolved unless the potential for an
adversarial pregnancy relationship is removed and proposes a
relational approach to pregnancy, centred on fostering
relationships, in order to eliminate the potential for tension. The
author contends further that a relational approach encourages
imaginative and constructive possibilities for law reform efforts
without sacrificing women's reproductive autonomy and rights or the
recognition of the unborn. Pregnancy Law in South Africa provides a
sound theoretical approach to pregnancy in law and its
recommendations seek to promote healthy, rights-affirming
pregnancies.
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