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Telemedicine as tool: towards fulfilling South Africa's legal obligations around access to medical abortion

South Africa's non-fulfilment of its legal obligations to provide abortion access to its population was only worsened by the COVID-19 pandemic. Despite the potential utility of medical abortion via telemedicine for the duration of the pandemic and beyond, health authorities in South Africa have not...

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Main Author: Brain, Grace
Other Authors: Lutchman, Salona
Format: Thesis
Language:English
Published: Department of Public Law 2025
Subjects:
law
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access_status_str Open Access
author Brain, Grace
author2 Lutchman, Salona
author_browse Brain, Grace
Lutchman, Salona
author_facet Lutchman, Salona
Brain, Grace
author_sort Brain, Grace
collection Thesis
description South Africa's non-fulfilment of its legal obligations to provide abortion access to its population was only worsened by the COVID-19 pandemic. Despite the potential utility of medical abortion via telemedicine for the duration of the pandemic and beyond, health authorities in South Africa have not explicitly permitted the practice. This thesis asks whether medical abortion via telemedicine could be a useful tool in improving the state's fulfilment of its legal obligations around abortion access. It also discusses necessary limitations and regulations for medical abortion via telemedicine. This thesis is a desktop analysis, using published government, non-governmental organisation, and academic data and information. These were used to establish the legal obligations of the South African state regarding the provision of access to abortion; briefly assess the extent of fulfilment of these obligations; evaluate the potential utility of medical abortion via telemedicine in this context; and make recommendations for limitations and regulations on the practice of medical abortion via telemedicine. This work determines that, due to the significant lack of access to abortion services for the South African population, the state is in violation of its legal obligations around access to abortion. Moreover, medical abortion via telemedicine could be a useful tool in improving the fulfilment of these obligations. The implementation and scaling-up of medical abortion via telemedicine in South African public healthcare is therefore recommended, with necessary oversight and limitations. These findings demonstrate that increased fulfilment of South Africa's legal obligations around access to abortion may be possible. The state must act to increase fulfilment through implementing relevant recommendations, such as legislative amendments and the initiation of future programmes providing medical abortion via telemedicine. Moreover, health authorities in South Africa must amend their telemedicine guidelines, making the guidelines practical, evidence-based, and reasonably permissive of accepted medical practices such as medical abortion via telemedicine.
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license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
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spelling oai:open.uct.ac.za:11427/40795 Telemedicine as tool: towards fulfilling South Africa's legal obligations around access to medical abortion Brain, Grace Lutchman, Salona law South Africa's non-fulfilment of its legal obligations to provide abortion access to its population was only worsened by the COVID-19 pandemic. Despite the potential utility of medical abortion via telemedicine for the duration of the pandemic and beyond, health authorities in South Africa have not explicitly permitted the practice. This thesis asks whether medical abortion via telemedicine could be a useful tool in improving the state's fulfilment of its legal obligations around abortion access. It also discusses necessary limitations and regulations for medical abortion via telemedicine. This thesis is a desktop analysis, using published government, non-governmental organisation, and academic data and information. These were used to establish the legal obligations of the South African state regarding the provision of access to abortion; briefly assess the extent of fulfilment of these obligations; evaluate the potential utility of medical abortion via telemedicine in this context; and make recommendations for limitations and regulations on the practice of medical abortion via telemedicine. This work determines that, due to the significant lack of access to abortion services for the South African population, the state is in violation of its legal obligations around access to abortion. Moreover, medical abortion via telemedicine could be a useful tool in improving the fulfilment of these obligations. The implementation and scaling-up of medical abortion via telemedicine in South African public healthcare is therefore recommended, with necessary oversight and limitations. These findings demonstrate that increased fulfilment of South Africa's legal obligations around access to abortion may be possible. The state must act to increase fulfilment through implementing relevant recommendations, such as legislative amendments and the initiation of future programmes providing medical abortion via telemedicine. Moreover, health authorities in South Africa must amend their telemedicine guidelines, making the guidelines practical, evidence-based, and reasonably permissive of accepted medical practices such as medical abortion via telemedicine. 2025-01-07T07:34:36Z 2025-01-07T07:34:36Z 2024 2025-01-07T07:28:33Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/40795 eng application/pdf Department of Public Law Faculty of Law University of Cape Town
spellingShingle law
Brain, Grace
Telemedicine as tool: towards fulfilling South Africa's legal obligations around access to medical abortion
thesis_degree_str Master's
title Telemedicine as tool: towards fulfilling South Africa's legal obligations around access to medical abortion
title_full Telemedicine as tool: towards fulfilling South Africa's legal obligations around access to medical abortion
title_fullStr Telemedicine as tool: towards fulfilling South Africa's legal obligations around access to medical abortion
title_full_unstemmed Telemedicine as tool: towards fulfilling South Africa's legal obligations around access to medical abortion
title_short Telemedicine as tool: towards fulfilling South Africa's legal obligations around access to medical abortion
title_sort telemedicine as tool towards fulfilling south africa s legal obligations around access to medical abortion
topic law
url http://hdl.handle.net/11427/40795
work_keys_str_mv AT braingrace telemedicineastooltowardsfulfillingsouthafricaslegalobligationsaroundaccesstomedicalabortion