Article 28 cited as reproductive health threat

REPRODUCTIVE health rights advocates have expressed concern over Article 28 in the draft constitution saying the clause is a barrier to women’s reproductive health rights.

Article 28 of the draft constitution states that a person has, subject to clause (2) and (3), the right to life, which begins at conception, and clause (2) states that a person shall not be deprived of life intentionally, except to the extent authorised by this Constitution or any other law. Clause (3) states that a person may be deprived of life if that person has been convicted of a capital offence and sentenced to death.
In a meeting with parliamentarians in Lusaka during the week, the advocates said the statement the right to life, which begins at conception in the clause, is a barrier to many reproductive health disorders that women face.
The meeting was organised by Ipas Zambia in partnership with Planned Parenthood Association of Zambia (PPAZ) and Marie Stopes Zambia.
In a presentation, Stephen Mupeta said Zambia has a lot of women with infertility problems and should Article 28 go unchanged, treatment of such problems will be difficult.
Dr Mupeta, a medical doctor said processes like the in-vitro fertilisation (IVF) will not be possible should Article 28 be implemented.
“In-vitro fertilisation is a process by which an egg is fertilised by sperm outside the body. In-vitro fertilisation is a major treatment for infertility when other methods of assisted reproductive technology have failed,” Dr Mupeta said.
But according to Dr Mupeta, the clause prohibits the treatment for ectopic pregnancies, treatment for cancers and tumours arising from pregnancies.
“As a person who deals with obstetrics and gynaecology issues, I have handled a lot of women with infertility and other reproductive problems seeking medical attention. Generally ectopic pregnancies affect about 7 percent of pregnancies in Zambia,” Dr Mupeta said.
Article 40 in the current Mung’omba constitution allows abortion and other reproductive complications such as treatment for ectopic pregnancies, treatment for cancers and tumours arising from pregnancies and infertility through the process of in-vitro fertilisation.
And speaking at the same event, Monze member of Parliament Jack Mwiimbu said Article 28 is not a barrier to women’s reproductive health rights.
Mr Mwiimbu said the reproductive health rights advocates misinterpreted the article.
“If you carefully read clause 2, it does not prohibit the treatment of reproductive complications. The problem here is that it has been misinterpreted,” Mr Mwiimbu said.
And Chipangali member of Parliament Vincent Mwale said if the article is not clear, it will be better to define it or get read of it.
“Why put complicated clause that are full of vagueness in the constitution. It is better to remove it,” Mr Mwale said.
Mr Mwale wondered whether the committee on the draft of the constitution has a representative from the medical field in order to give guidelines to the constitutional making process on medical issues.
Published on July 14, 2012.