What is meant with a right to make decisions concerning reproduction?
- Section 12 of the Constitution grants everyone the right to freedom and security of the person. It further states that everyone has the right to bodily and physical integrity, which includes the right to make decisions concerning reproduction.
- The right to make decisions concerning reproduction is afforded to persons of all genders, but has the following unique consequences that may only be applicable to women:
- A woman is free to decide whether she wants to have children or not and should not be discriminated against based on her decision;
- A pregnant woman can voluntarily terminate her pregnancy for any reason up to the twelfth week of pregnancy, in terms of the Choice on Termination of Pregnancy Act; and
- A pregnant woman is entitled to maternity leave and employers are not permitted to unreasonably refuse to grant such leave.
