Should abortion be legal or illegal in Tanzania?

Mzuvendi

Mzuvendi

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Apr 28, 2009
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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.

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 profession 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 euthanasia 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 Tanzania is violating the contract of Human Rights.

Research done in countries where abortion is legally practiced 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 because some don't do that because they are afraid of death and infertility, what if safety is ensured.
When it comes to the question of life, the mother's life is not superior to the unborn child's life.

They all equally deserve due respect of their dignity and protection of their rights. By so saying, neither the mother should be allowed or forced to die in order to rescue the child neither should the child be forced or allowed to die in order to rescue the mother. When necessity arises of hard decision, the principle of "double effect" should be obeyed.

With that, it is beyond the limits of the law to legalize killing of the unborn child under the umbrella of "Legal abortion". Abortion per se is killing and killing cant be legalized but it can be tolerated if it happens under circumstances beyond control. The Tanzanian constitution respects "The right to life of every person" ref Article 14. (Act No. 15 of 1984 art.6).

Again, the Penal code under sections 150, 151, 152, and 199 specifies penalties to those attempting to procure abortion, procuring miscarriage, supplying drugs or instruments to procure abortion and to those convicted for infanticide in certain cases respectively. Conclusively, up to the moment abortion is illegal in Tanzania and it should be so always. legalizing it is being inhuman and any law which contradicts our humanity is not worthy of being enacted and obeyed.
I think ingekuwa vyema kama hilo suala lingewekwa wazi kwenye katiba pia kama ilivyo kwenye katiba ya Kenya, japo katika sheria pia kila kitu kina exceptions,

As far as abortion is concerned, kuna exceptions tatu:

1. Kama mimba itahatarisha maisha ya mama au mtoto au wote wawili

2. Kama mimba ilitungwa kwa kubakwa au

3. Kwa ushauri wa daktari kutokana na matatizo yanayoweza kujitokeza kama mimba hyo itaendelea kukua.

Kujibu swali la kulegalize abortion itakuwa fair kwa wale ambao hawapo tayari kuwa na mtoto, kwa waliobakwa au kuzalishwa na ndugu, kwa wanafunzi, kwa wale wanaoogopa matatizo katika familia zao. Lakini ikiwa termed as illegal, itakuwa fair kidini, na hata kiafya kwani abortion pia ina madhara, na ndio maana mjadala huu wa abortion hauna muafaka.
Kifungu cha 219 Kanuni za Adhabu, cha Sura ya 16 ya Sheria za Tanzania, kama zilivyorejewa mwaka 2002, kinakataza kabisa mambo ya utoaji mimba!

Tafsiri yake ni kuwa, mwanamke anaweza kutoa mimba kwa kisingizio chochote kile, tena bila sababu ya msingi, kuwa mama huyo kuendelea kulea mimba yake hadi ajifungue, kunaweza kumsababishia msongo wa mawazo.

Msimamo ya Jumla: Sheria za Tanzania ziko wazi juu ya utoaji mimba, kuwa ni kinyume kosa la jinai, ambalo adhabu yake ni kifo! Shida ya Tanzania ni kuwa sheria zetu hazitekelezwi! Sijawahi kusikia mtu amehukumiwa kwa kosa la kutoa mimba, despite ya kuwa kuna tuhuma chungu nzima kuhusu kosa hilo! Na wengine wanashikwa wakiwa wametupa vichanga walivyojifungua!
Dear all,

I have benefited to read your wonderful opinions about the issue of abortion. I have benefited because you have shared your experiences about the matter and you have offered a way forward on how to deal with the issue of abortion. Your thoughts are all wonderful.

First, I would like to say that, the issue of abortion is a serious social problem which demands our attention. Every day young women die because of cases relating to unsafe practices of abortion. This situation should not continue to happen in our society. It is our collective responsibility to come together (like what we are doing here in JF) to discuss and find solution about the problem.

I understand the Tanzania's constitution has outlawed abortion. It is illegal thing to practice abortion in Tanzania.

But today, i would like to challenge the constitution. I want to challenge the constitution because of two reasons. First reason is that, the law regarding the issue of abortion is out dated. The current constitution which prohibits the issue of abortion bases on "patriarchal ideas". The parliament assembly which decided on the matter was dominated by men because as you all know there were only few female representatives in the national parliament back then.

Second, saying that, the issue of abortion must be illegal because it's an act of killing is not true. What if the pregnancy involves danger to the health of the mother? Should not it be fair for her to abort? And what about such things like those women raped during civil wars and do not wish to have babies and prefer to abort? Should we dis-regard their concerns?

Bottom line: The issue of abortion should be legal in some cases such as when the issue of pregnancy involves danger to the health of the mother. Also when you find cases like a woman who has pregnancy resulted from act of rape and this woman does not wish to have a baby.
 
double R

double R

JF-Expert Member
Oct 6, 2011
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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 profession 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 euthanasia 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 Tanzania is violating the contract of Human Rights.

Research done in countries where abortion is legally practiced 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 because some don't do that because they are afraid of death and infertility, what if safety is ensured.
 
bucho

bucho

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Jul 13, 2010
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Hataikizuiwa watu watafanya tu.
 
Mzuvendi

Mzuvendi

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Apr 28, 2009
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Mzuvendi: by noting down to u're analysis, abortion in Tanzania it seems to legal.
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.
 
Bu'yaka

Bu'yaka

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Jul 29, 2010
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Should Abortion Be... Illegal In Tanzania?
It's already illegal in Tanzania!

died... It was very sad because it happened a week before we started our final exams.
Would not have been sad if she died right after you finished your exams?

Women who perform illegal and legal abortions do that for ...
There is no woman who performs legal abortion!

... and the more we keep this process undefined
Abortion is clearly defined in law and medicine. No one does not understand what abortion is.

the more we likely endanger the life of young women. Do you think it's time to make abortion legal?
Legal abortions do not endanger the lives of young women?

To be honest, in Tanzania I haven't heard a single case in which a woman was sentenced to jail for performing abortions.
An authoritative study would be more reliable.

However, there is a good number of students who have been expelled from schools for doing that.
The schools required the students to continue with classes pregnant?
 
Mwali

Mwali

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Nov 9, 2011
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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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Mzuvendi

Mzuvendi

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Apr 28, 2009
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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.
 
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Mzuvendi

Mzuvendi

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Apr 28, 2009
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double R ,

Thanks for you contribution. 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.
 
Bu'yaka

Bu'yaka

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Unasema there is no woman who perform legal abortion?
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.

...kuliko kuchambua neno moja moja ya mtoa mada.
kuna ubaya gani kuchambua hoja neno moja moja?
 
Bu'yaka

Bu'yaka

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Jul 29, 2010
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However, in law each country has its own.
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?

However, we can't continue to say this is illegal and that is legal
no one said it is legal, abortion is illegal!

without a debate or providing moral or legal explanations
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.
 
Mzuvendi

Mzuvendi

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Apr 28, 2009
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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?
 
Mwali

Mwali

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Nov 9, 2011
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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?
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.
 
Silver Rock

Silver Rock

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Mar 4, 2012
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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.
 
Bu'yaka

Bu'yaka

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Jul 29, 2010
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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,......
you are not making any legal sense
 
chumvichumvi

chumvichumvi

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May 6, 2010
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Mimi nadhani situation ndio iwe inadetermine when iwe legal na when not ila vile vile methods za kuzuia mimba mbona zipo nyingi sana why mtu anajiachia mpaka inakuwa hivyo tujaribuni kubadilika jamani na kuyajali maisha yetu
 
R

RONNIE-RUA

New Member
Mar 29, 2012
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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.
 
M

Majamba Jr

Member
Apr 3, 2012
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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.
 
Michael Pima

Michael Pima

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Dec 26, 2010
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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.
 
H1N1

H1N1

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May 29, 2009
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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 BINADAMU 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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