Should Abortion Be Legal or Illegal In Tanzania?

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by Mzuvendi, Feb 27, 2012.

  1. Mzuvendi

    Mzuvendi JF-Expert Member

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    When I was in secondary school, the girl used to sit next to me died after performing illegal abortion. It was very sad because it happened a week before we started our final exams.

    Women who perform illegal and legal abortions do that for many reasons. Some don't want to be expelled from school or job. Some don't want to take parental responsibilities while they are still students or young. Others do that because they don't want to disappoint their parents or spouses.

    The array of reasons why women choose to perform abortions is endless, and the more we keep this process undefined, the more we likely endanger the life of young women. Do you think it’s time to make abortion legal?

    To be honest, in Tanzania I haven’t heard a single case in which a woman was sentenced to jail for performing abortions. However, there is a good number of students who have been expelled from schools for doing that.
     
  2. PrN-kazi

    PrN-kazi JF-Expert Member

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    Mzuvendi: by noting down to u're analysis, abortion in Tanzania it seems to legal.
     
  3. double R

    double R JF-Expert Member

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    Abortion is illegal but there are weakness of our law justfy it indirect.

    The main reasons why abortion is illegal are point of view as abortion is killing and if it is legally allowed there will be increase of abortion.

    There is perplexity on when life start. medical proffesion say it cares life from conception, this is also stated in UK law but contradiction come when proffesion care the quality of life of the unborn fetus and its relation to the mother who don't want it, it is the same case as euthnasia contradiction in matter of quality of life. This is question is less contradicting than the question of when life begin.

    Activists tell that a woman is free to choose with whom to get a baby, when and how, so the choice of terminating pregnancy is in woman will and it should be respected. Addition to that they say it is not always that pregnancy is the result of sexual pleasure, it may be from struggle of poverty, poor knowledge of contraception, sexual work, sexual assault, cultural practice or missed / failure of contraceptive.

    According to some explanations human rights, a woman has the right to choose to carry pregnancy to term or to terminate it, so in one way or another TZ is violating the contract of Human Rights.

    Research done in countries where abortion is legally practised there are no significant increase of practise after legalizing it.
    To the matter of fact it is hard to prevent a will action by law with poor connection of evidence, if a person want to terminate she will in any way.

    My point is for the sake of many death due unsafe post abortion complication it is better to legalize the practise.

    But my worry is chaos. in the country where abortion is legal, education and reproductive education are advanced.Thus most of women know how to control their reproductive health by use of contraceptive, abortion is the case of missed or failure of contraceptive, economic status at the time, or couple problems. In our country despite the free supply of contraceptives the uses are low, not because of information but due to some cultural and peer pressure.

    The ones who are more affected with those pressures are men who in African cultural context are sexual drivers and most are abortion pushers. I think it can be make a lot of chaos to legalize it coz some don't do that because they are afraid of death and infetility, what if safety is ensured.
     
  4. bucho

    bucho JF-Expert Member

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    Hataikizuiwa watu watafanya tu.
     
  5. Mzuvendi

    Mzuvendi JF-Expert Member

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    I want to ignite the debate so we can be aware about the legal ramifications of performing abortion. What are the limits? What's permitted and what's not.
     
  6. Bu'yaka

    Bu'yaka JF-Expert Member

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    It's already illegal in Tanzania!

    Would not have been sad if she died right after you finished your exams?

    There is no woman who performs legal abortion!

    Abortion is clearly defined in law and medicine. No one does not understand what abortion is.

    Legal abortions do not endanger the lives of young women?

    An authoritative study would be more reliable.

    The schools required the students to continue with classes pregnant?
     
  7. Mwali

    Mwali JF-Expert Member

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    Bu'yaka

    Unasema there is no woman who perform legal abortion?

    Kwa taarifa yako legal abortion ipo in case mimba inahatarisha maisha ya mama. Nadhani tungefaidi sote kama ungetoa maoni yako kuhusu kuhalalishwa kwa abortion kuliko kuchambua neno moja moja ya mtoa mada.
     
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  8. Mzuvendi

    Mzuvendi JF-Expert Member

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    Bu'yaka;

    Of course I would have been sad. However, the point I wanted to make is after final examinations she would have been out of school and school regulations wouldn't applied in her case.

    Now regarding the issue at hand you believe that there's no woman who performs legal abortion. That might be true and valid. However, we can't continue to say this is illegal and that is legal without a debate or providing moral or legal explanations.

    It's true that there are legal and medical definitions of abortion. However, the views are different. In medicine the definition of abortion is almost always the same across the world. However, in law each country has its own. So a debate like this helps to place the issue at the forefront of public discourse.
     
    Last edited by a moderator: Jan 4, 2016
  9. Mzuvendi

    Mzuvendi JF-Expert Member

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    Double R,

    Thanks for you contribution. I created this thread in other forum, Jamii Intelligence, but the moderator decided to move this thread here. My initial intention wasn't to discuss the legal issues in details as they are defined by laws, but the moral imperatives and how people view abortion in general.

    Now with regarding to your post, you have touched exactly the main issues I wanted to discuss and how we view them. For example, Holland has sex education in schools and the number of teenager pregnancy stands at 1 out of 1000. In the US, where they don't allow sex education, the number of teenager pregnancy stands at 16 out of 100. As you can see the act of providing education can significantly reduce the number of unwanted pregnancies and probably abortions.

    Another example is Poland. During the communist era, the government made it very easy to perform abortion. If a woman wanted to perform abortion, she would have gone to the doctor and told the doctor that she doesn't have the means to rise the child. It was simple as that. Today Poland is no longer under communism and has banned abortion and except under special circumstances.
     
  10. Bu'yaka

    Bu'yaka JF-Expert Member

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    Mwenyewe kanielewa, kasema hivi: Mzuvendi: Now regarding the issue at hand you believe that there's no woman who performs legal abortion. That might be true and valid.

    kuna ubaya gani kuchambua hoja neno moja moja?
     
  11. Bu'yaka

    Bu'yaka JF-Expert Member

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    We are in Tanzania, we are talking about the legal framework of abortion in this country, Tanzania.

    When you started the thread which jurisdiction did you intend for us to discuss abortion about, the laws of Cambodia?

    no one said it is legal, abortion is illegal!

    debate took place in the fourth parliament in 1980 when they passed section 150 of Cap 16 of laws, outlawing abortion. This is not an unprecedented discussion on "moral or legal explanations" for prohibition of abortion in Tanzania.
     
  12. Mzuvendi

    Mzuvendi JF-Expert Member

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    Bu'yaka

    Rightly so, we are talking about the legal framework of abortion in Tanzania. But you have to understand that majority of us Tanzanians don't know our legal procedures. We make our judgements and build our legal opinions based on our perceptions of what's wrong and what's right.

    Your last paragraph forced me to search for any Tanzanian legal documents that clarify the matter. The one I am reading know indicates that abortion is indeed illegal.

    Now the question is should it remain illegal? If the answer is yes or now, what are the benefits?
     
  13. Mwali

    Mwali JF-Expert Member

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    Hapo in bold pana-suggest that the opposite could also be valid/or not. It doesn't exclude that possibility
    Kuhusu kuchambua hoja neno moja moja mimi naona
    you end up with a mix that says nothing.
    Naomba urudi pale nilipokunukuu na unambie mchango wako umesaidiaje.
    Kuchambua the main idea ya swali ni sawa tu
    ila when I do it, I don't do it just to deconstruct the reasoning,
    I do it because I want to tackle those main idea one by one as I expose my own views.
    Now you are not me, you are free to do it as you wish,
    I was just expressing my view: Hujasaidia kujibu swali.
     
  14. Silver Rock

    Silver Rock Member

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    in Tanzania abortion is illegal, however the penal code only provides for attempting abortion under section 150 of the penal code provides for a crime on attempt to abortion,......other countries eg. South africa has declared abortion legal under certain circumstance especially if the pregnancy will endanger a woman life....generally abortion must be illegal because it murder...
     
  15. Bu'yaka

    Bu'yaka JF-Expert Member

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    you are not making any legal sense
     
  16. chumvichumvi

    chumvichumvi JF-Expert Member

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    mie nadhani situation ndio iwe inadetermine when iwe legal na when not ila vile vile methods za kuzuia mimba mbona zipo nyingi sana y m2 anajiachia mpaka inakuwa ivo 2jaribuni kubadilika jamani na kuyajali maisha ye2
     
  17. R

    RONNIE-RUA New Member

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    Its so sad coz i lost a relative about three weeks ago who attemped to abort. It should remain illegal but the society should be made aware of the consequences and thus if one is impregnated, they should accept it na wasimrukie na kumpresha atoe mimba.
     
  18. M

    Majamba Jr Senior Member

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    abortion is a criminal offense in Tanzania,and so to say it is already illegal.The only problem is that Laws in Tanzania doesnt state when does life starts.This in turn brings problems in protecting the life of unborn child.
     
  19. Michael Pima

    Michael Pima Senior Member

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    Mzuvendi

    Bado si vibaya kutumia Kiswahili kama una mashaka na lugha ya Kiingereza. Binafsi nadhani kuna sababu mahsusi ambazo zinaweza kutumika kuruhusu mwanamke kutoa mimba. Sababu hizo ni kama vile za kiafya na uhatarishaji wa afya ya mama kwa ujumla.

    Tofauti na hapo sidhani kama ni vyema kutoa mimba kwa misingi mingineyo kama hofu ya matunzo ya mtoto, hofu ya masomo n.k.
     
  20. H1N1

    H1N1 JF-Expert Member

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    Abortion ni kuharibu mimba kama sijakosea, sababu ya kuharibu mimba husika ndiyo itafanya iwe mauaji kama mauaji mengine,au ni mauaji ambayo yaliyosababishwa na mazingira. Lakini kama mtu anaamua tu kwa kuwa amegundua ana mimba akaamua kuiharibu kwa maksudi hayo ni mauaji...

    UHAI WA BIADAMU UNAANZA SIKU MIMBA INAPOTUNGWA NA SI SIKU MTOTO ANAPOZALIWA, hivyo mpango wowote wa kutwaa uhai wa kiumbe kikiwa bado ndani ya tumbo la mama kwa sababu zisizo za kuokoa uhai wa mama na mauaji.
     

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