Abortion and miscarriage are sensitive and complex issues that are addressed under Section 58 of the law. This section outlines the legal framework surrounding the intentional termination of pregnancy and the circumstances under which it is permissible.
Subsection (1) of Section 58 stipulates that it is an offense for a woman to administer to herself, or consent to the administration of, any substance or to use any means with the intent to cause abortion or miscarriage. It is also an offense for any person to administer any substance or use any means with the intent to cause abortion or miscarriage, to induce a woman to cause or consent to causing abortion or miscarriage, to aid and abet a woman in causing abortion or miscarriage, to attempt to cause abortion or miscarriage, or to supply or procure any substance or thing intended for use in causing abortion or miscarriage. The penalty for these offenses is imprisonment for a term not exceeding five years.
However, Subsection (2) provides exceptions to these offenses in specific circumstances when carried out by a registered medical practitioner specializing in gynecology or any other registered medical practitioner in authorized medical facilities. These circumstances include cases where the pregnancy is the result of rape, defilement of a female with limited capacity, or incest and the abortion or miscarriage is requested by the victim, her next of kin, or a legal guardian; where continuation of the pregnancy poses a risk to the life or health of the pregnant woman and she consents to the procedure; or where there is a substantial risk of serious physical abnormality or disease if the child were to be born.
It is important to note that "abortion or miscarriage" is defined as the premature expulsion or removal of conception from the uterus before the completion of the gestation period.
In conclusion, Section 58 of the law carefully regulates the circumstances under which abortion or miscarriage is permissible, with stringent penalties for unauthorized actions. It aims to protect the well-being and rights of women while ensuring that such procedures are conducted within the bounds of legal and ethical considerations.
-By Ama Governor | Ghana Crimes
