Critical review of the legal framework on abortion in Ghana

Type Journal Article - Donnish Journal of Law and Conflict Resolution
Title Critical review of the legal framework on abortion in Ghana
Author(s)
Volume 1
Issue 2
Publication (Day/Month/Year) 2015
Page numbers 10-17
URL http://donnishjournals.org/djlcr/pdf/2015/september/Norman-et-al.pdf
Abstract
Introduction: Ghana law defines abortion or miscarriage “as the premature expulsion of or removal of conception from the uterus or
womb before the period of gestation is completed”. Objectives: The authors investigated whether the law is too liberal and overly
broad to safeguard the needs of the unborn while at the same time, ensuring the autonomy of the woman. The authors also reviewed
what the definition means in relation to partial-birth abortions. Method: The review was conducted in several phases. The first phase
was on broad literature review, covering several jurisdictions starting with the seminal common-law case of the United States of
America, Roe v. Wade of 1973. The second phase was a narrow consideration of the state of public law on abortions in Ghana vis-à-vis
term limits. The final phase was the crystallization of understanding, analysis and appraisal of the topic from the previous phases of
the state of the law on abortion. Result: Abortion in Ghana is available on demand by the pregnant woman. Abortion can be had if
there was a contraceptive failure. Inability to support or care for the child is another ground for abortion. If the pregnancy was not
wanted, or needs to be terminated to prevent the birth of a child with defects, that is also acceptable. If the pregnancy resulted ‘from
rape or defilement of a female idiot or incest’ abortion can be had. It is an abuse of the legal protection of the woman if a physician
interferes with the choice to have an abortion. Discussion: The law does not set term limits as to when abortion could be obtained.
There could be many instances where the fetus’s interests are disregarded, especially in late term abortions where viability is
implicated. The law on abortion is overly broad and supersedes even the most liberal reading of the most exemplary legal precedent
on the rights of the woman to abortion: Roe v. Wade. It needs to be hauled back to a more rational and systematically manageable
position consistent with recent development on post-natal care of viable fetus/child vis-à-vis the health of the woman. Conclusion:
There is an urgent need for a re-statement of the law on abortion to prevent needless destruction of viable fetuses in Ghana in a
systematic and organized way as it currently is. Recommendations: These are made to inform policy.

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