Women with mental conditions can have an abortion
Government must consider safe abortion centres
Women who have a mental health condition or disability have the legal right to conduct an abortion in cases of an unplanned or unwanted pregnancy.
Assistant Minister of Health and Wellness Setlhomo Lelatisitswe clarified to Parliament the distinct legal circumstances under which abortion can be carried out, in response to queries on Government’s stance on the termination of pregnancy.
Abortion is illegal in Botswana and the criminal offence of concealment of pregnancy (abortion) warrants a jail term not exceeding seven years.
The Minister said this law is not cast in stone, as there are some situations that would justify the termination of an unplanned and unwanted pregnancy, specifically in cases where a woman can prove beyond reasonable doubt that carrying to full term an unplanned or unwanted baby would have a severe impact on an existing mental condition or affect their mental wellness.
Lelatisitswe emphasised that although abortion is still illegal, there are certain circumstantial factors that could make considerations for an abortion to be carried out.
“In accordance with the laws of Botswana, a pregnancy which poses a mental and physical health risk to a woman can be terminated,”, he said.
However he said this should include the engagement of a qualified medical practitioner to determine the severity of the woman’s condition. The law allows doctors to carry out an abortion within 16 weeks (four months) of the pregnancy.
The Penal Code of Botswana stipulates that abortion of pregnancy can be justified and carried out in cases where the pregnancy was a result of rape, incest, severe abnormality of the foetus, and any other health condition (mental or physical) that could be worsened by the pregnancy.
Mental health expert Belinda Moatshe explained that in most cases, sexual health and reproduction services are exempt from mental health talk yet the reality is that some people, especially women and girls, living with mental health conditions are sexually active or are violated.
She explained that mental illness might be pre-existing before a pregnancy is confirmed or the pregnancy might trigger mental conditions such as depression.
She said post-partum depression was a prevalent condition in communities but was not adequately addressed.
“In some cases, you find that a woman or girl who has just given birth is said to not want a child, but it could be because they are not in the right mental frame to care for a child, either because of a pre-existing mental condition or disability or a mental state brought on by the pregnancy, such as depression.
“Some new mothers might find themselves overwhelmed by a pregnancy and subsequent birth due to financial strain, lack of support especially if they were deserted by their lover, or if the pregnancy was a result of rape,” she said.
She also noted that while Sexual Health and Reproduction services remain a key component in the prevention of HIV infection and unwanted pregnancy, Government should also consider providing safe abortions at health care centres in response to the high number of illegal and unsafe abortions, which also have a debilitating impact on their mental wellness.