Understanding unsafe abortions among young women in Zimbabwe

59 Pages·2016·0.59 MB·English

by  Katherine Voorvelt

Understanding unsafe abortions among young
women in Zimbabwe: A Socio-legal study on
Reproductive Rights
A Research Paper presented by:
Vita G Hwenjere
(Zimbabwe)
in partial fulfilment of the requirements for obtaining the degree of
MASTER OF ARTS IN DEVELOPMENT STUDIES
Major:
Human Rights, Gender and Conflict Studies: Social Justice
Perspectives
SJP

Members of the Examining Committee:
Dr. Jeff Handmaker
Prof. Karin Arts
The Hague, The Netherlands
December 2016
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Contents
List of Figures vi
List of Appendices vi
List of Acronyms vii
Acknowledgements ii
Abstract iii
Chapter 1 Background of the study 1
1.1. Introduction 1
1.2. Statement of the Problem 1
1.3. Significance and Justification of the Study 2
1.4. Objectives 3
1.4.1. Sub-objectives 3
1.5. Research questions 3
1.5.1. Sub-questions 3
1.6. Research Methodology and Sources of Data 4
1.6.1. Data Sources 4
1.6.2. Interviews 5
1.6.3. Non – Random Purposive Sampling 5
1.6.4. Reliability and Validity 5
1.6.5. Data Analysis 6
1.6.6. Ethical Considerations 6
1.6.7. Challenges and Limitations 7
1.7. Thesis Outline 7
1.8. Summary 8
Chapter 2 Understanding Abortion through the Legal Consciousness
and Legal Translation Lens 9
2.1. Introduction 9
2.2. Origins of the Concept of Legal Consciousness 9
2.3. Legal Consciousness 11
2.4. Origins of the Concept of Legal Translation 13
2.5. Legal Translation 13
2.6. Legal Consciousness and Legal Translation Analytical Framework 14
2.7. Summary 15
Chapter 3 Shifting from the Global to the Local: Analysing
Zimbabwe’s Legislation on Abortion 16
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3.1. Introduction 16
3.2. International Human Rights Law–Sexual Reproductive Health Rights
(Right to Abortion) 16
3.2.1. Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) 16
3.2.2. International Covenant on Economic, Social and Cultural
Rights (ICESCR) 17
3.3. Overview of African Regional Human Rights Instruments on Abortion
17
3.3.1. African Charter on Human and Peoples’ Rights on the Rights
of Women in Africa (Maputo Protocol, 2003) 18
3.4. Shifting the global - regional to the local 18
3.4.1. Deconstructing existing national legal framework on abortion
in Zimbabwe 19
3.4.2. Termination of Pregnancy Act [1977] 19
3.4.3. Constitution of Zimbabwe and the Right to Abortion 20
3.4.4. Criminalisation of Abortion in Zimbabwe: An analysis of the
Criminal Law (Codification and Reform) Act [Chapter
9:23] 21
3.5. Summary 21
Chapter 4 Engaging with the social working of the law: potential and
limitations for translation 22
4.1. Introduction 22
4.2. Young women and men’s perceptions, attitudes, experiences in realising
the right to safe abortion 23
4.2.1. Silenced discourses, Stigma and decision of abortion 25
4.3. Translating reproductive rights within the current Zimbabwean
legislative framework 26
4.4. Non-legal challenges and barriers faced by young Zimbabwean women
in seeking to realise safe abortion 31
4.4.1 Christianity and its impact to Abortion Discourse(s) and
Practice(s) 31
4.4.2. Evangelical Churches and the Abortion Discourses 32
4.5. Efforts towards mitigating unsafe abortions in Zimbabwe 34
4.6. Summary 35
Chapter 5 Conclusion of the Study 36
5.1. Introduction 36
5.2. Reflections on Research Questions, Objectives, Methods and
Theory 36
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5.3. Summary of the Study’s Key Findings 36
5.4. Areas of Further Scholarly Inquiry 37
5.6. Study’s contributions to policy and theory 38
5.7. Summary 38
References 40
Appendices 45

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List of Figures
characteristics of respondents
Figure 4.1

List of Appendices
Appendix A: Characteristics of Key Informants
Appendix B: Key Informant Interview Guide
Appendix C: Respondents Interview Guide
Appendix D Letter of clearance

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List of Acronyms
CEDAW Convention on Elimination of all forms of Discrimination
Against Women
ICESCR International Covenant on Economic, Social and Cultural Rights
ICPD International Conference on Population and Development
ICCPR International Covenant on Civil, Political Rights
NGO Non-Governmental Organization
PAC Post Abortion Care
SAYWHAT Students and Youth Working on Reproductive Health Action
Team
SDG Sustainable Development Goals
SRHR Sexual and Reproductive Health Rights
UNIFEM United Nations Development Fund for Women
UNICEF United Nations International Children’s Emergency Fund
VSI Venture Strategies Innovations
WHO World Health Organisation
ZDHS Zimbabwe Demographic Health Survey
ZMoHCC Zimbabwe Ministry of Health and Child Care
ZLHR Zimbabwe Lawyers for Human Rights
ZWLA Zimbabwe Women Lawyers Africa

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Acknowledgements
This journey has been made possible by many people whom I can never
thank enough. Foremost, I am grateful for the academic support and advice I
received from my supervisor, Dr Jeff Handmaker who continued to guide me
and give me motivation throughout the research process. I say thank you for
your invaluable contributions.
I would like to thank my family for their continued support, encouragement
and believing in me. My friends who helped me during my field work for their
encouragement and support from the beginning to the end.

I would also like to thank the following people for their contribution to my
academic growth and this thesis: Jean Mukoyi, Knowledge Mwonzora, Jimmy
Wilford, Maureen Othieno and all my friends at International Institute of Social
Studies.

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Abstract
This paper focuses on perceptions, experiences, knowledge and attitudes of
young women in Zimbabwe regarding their right to access sexual reproductive
health rights (SRHRs). In specific terms, the study narrows down to look at such
rights within the context of rising incidences of unsafe abortion practises among
young women in Harare, Zimbabwe. The study derives from an explorative
qualitative research methodology which combined the use of face-to-face
interviews, review of grey literature and material from women organisations and
from public health organisations, newspaper articles as well as reports from
multi-lateral institutions. The study adopted a sample population of young
women and men aged between 18 to 35 years so as to make gendered
observations. The paper also involved wide ranging content and interpretive
analysis of case laws, statutes, human rights norms and principles from the
international, regional and domestic level. In terms of theoretical approach, the
study employed the legal consciousness and legal translation analytical approach.
The paper found that young women in Zimbabwe faced numerous challenges
(legal and non-legal) in seeking sexual reproductive rights (right to safe abortion).
As a result, many then ended up engaging in acts and practises of unsafe
abortion. This trend persisted aside from the existence of repressive abortion
laws in Zimbabwe and the associated unsafe abortion stigma.

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Relevance to Development Studies
Over the past decades, evidence has indicated a close relationship between
unsafe abortions with socio-economic development. Such a relationship is
evidenced particularly, in countries in the South. Existing research has shown
the impact of unsafe abortions in the following sectors: health, education and in
the broad socio-economic activities in several developing countries. As
documented in the literature – unsafe abortions affect human capital as they lead
to abortion related mortality and morbidity (Grimes 2006). Further, unsafe
abortions disrupt the girl child’s progress in education as well as rendering young
women unproductive during and in the post-unsafe abortion phase. Of concern,
also, is the effect posed by unsafe abortions on the healthcare system in most
developing countries. Considerable amount of existing research from
independent studies and from multi-lateral institutions such as the World Health
Organisation (WHO) has shown how the practice of unsafe abortions pose
several developmental challenges to society (Vlassoff et. al 2008; WHO
Factsheet 2016). Research has also documented how unsafe abortions deplete
the financial resources of women at household and personal level through out-
of-pocket expenditure in meeting post-abortion care (PAC), leading to a
reduction in human capital investment in most African countries (Sundaram et.
al 2013). Such a relationship between reproductive health rights (safe and unsafe
abortions) and human development highlights the relevance of the topic to
development studies. In fact, high maternal mortality is among one of the
challenges listed under the Sustainable Development Goals (SDGs). Efforts
towards reduction of such, entails progress towards the realisation of women
and human rights as well as human development in more broad terms.
Keywords
Abortion, Reproductive Health Right, Socio-Legal, Legal Translation.

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