|
Back to Index
Children
and access to contraception: Whose interest
Wisdom Katungu
September 27, 2011
In the search for effective strategies to curb the unprecedented
spread of HIV among children, the National
Aids Council announced plans to introduce the distribution of
condoms in schools and this has raised considerable arguments and
counter-arguments among different sections of the Zimbabwean society.
It is apparent that there are wide ranging views on the issue based
on the arguments for and against the approach within different sections
of the media. The debates range from the appropriate age at which
a child should have access to contraception to the social, economic
and health-related benefits of such a stance. I find the arguments
quite exciting as they stimulate ordinary members of the community
and policy makers alike to think critically on not only the short
term but also the long term impact (either negative or positive)
of this bold step taken by the National Aids Council. In South Africa,
the Children-s Act 38/2005 permits a child twelve years and
older, a right to obtain contraception without parental consent.
However, although the access to contraception is legally provided
for, there is still confusion regarding the roles of different role
players like parents, clinics, schools and the children themselves.
In that regards I would like to briefly highlight the dilemmas obtaining
in South Africa on the issue and hope that as various stakeholders
in Zimbabwe discuss this pertinent matter they may have a point
of reference.
Section 134 of the South African Children-s Act 38/2005 states
that:
(1) No person
may refuse to -
a) sell condoms to a child over the age of 12 years; or
b) provide a child over the age of 12 years with condoms on request
where condoms are provided or distributed free of charge.
(2) Contraceptives
other than condoms may be provided to a child on request by the
child without the consent of the parent or care-giver of the child
if -
a) the child
is at least 12 years of age;
b) proper medical advice is given to the child; and
c) a medical examination is carried out on the child to determine
whether there are any medical reasons why a specific contraceptive
should not be provided to the child.
(3) A child
who obtains condoms, contraceptives or contraceptive advice in terms
of 55 this Act is entitled to confidentiality in this respect, subject
to section 105.
Just like in
Zimbabwe, the issue has generally been received with mixed feelings,
and most sceptics are mainly worried about the fact that this would
'encourage- children to indulge in sex instead of encouraging
them to abstain and delay their sexual debut.
Abstinence
versus condomisation
A good number
of parents believe that it is 'unAfrican- for children
as young as twelve years to have access to contraception 'because
it encourages them to indulge in sex-. They would prefer abstinence
as a better strategy to fight HIV among young people. However, based
on the high levels of teenage pregnancy, it is evident that children
are increasingly becoming more sexually active at a tender age.
There is no doubting that HIV and AIDS has become the principal
social and reproductive health worry among adolescents the world
over. The argument for allowing children as young as 12 to have
access to contraception is mainly based on the realisation that
children are indeed sexually active. Promoting their access to contraception
therefore enables them to protect themselves from both HIV infection,
teenage pregnancy and other health risks such as abortion (which
in most cases is done illegally).
Question to
ponder: With high levels of teenage pregnancy among adolescents,
is it not prudent to promote use of condoms as a means of fighting
both HIV infection and teenage pregnancy?
Teenage
reproductive health as a development issue
The economic
impact of high levels of HIV in any society cannot be downplayed.
In poor societies, like Zimbabwe, the big question is on whether
to spend the scarce resources on Anti-retroviral drugs or on the
promotion of prevention and awareness programmes. With high levels
of teenage pregnancy in the country, it is evident that teenagers
are highly sexually active. As such there is a need to allow them
to at protect themselves by giving them access to condoms. The greatest
conundrum on this matter is whether to spend substantial amounts
of resources on treatment of Opportunistic Infections or rather
spend far much less resources on condoms and awareness programmes.
Question to
ponder: Is it not economically beneficial to promote prevention
through correct condom use among teenagers than provide ART and
treatment of opportunistic infections and STIs?
HIV/AIDS
education, correct and consistence use of condoms and the need for
parental involvement
In South Africa
for instance, the contraception policy for provision of contraceptives
to teenagers is based on the realisation that studies in both urban
and rural areas have shown that the onset of sexual activity ranges
from around 13 to 18 years, with only 5% of boys and 19% of girls
using contraception during their first sexual encounter; and about
half of all young people having more than one sexual partner (Department
of Education, 2009). With this background I believe it is more realistic
and effective to promote correct and consistent use of condoms among
adolescents (not necessarily promoting indulgence in sex at a younger
age). Although I have not come across figures on sexual activity
among teenagers in Zimbabwe, it is possible that the levels might
be in the same range as that of South Africa. As such it is pertinent
that children have the correct information on use of condoms, especially
from their parents as they are most likely to get wrong information
from their peers.
Question to
ponder: What should be the extent of parental involvement regarding
children as young as twelve-s access to contraception?
Statutory
contradiction
The absurdity
of the issue is almost wholly entrenched in the relevant laws, particularly
in South Africa. The following is an excerpt from an article by
Judith Ancer in an article titled We-re
all breaking the sex laws which appeared in the Sunday Times
of 31 July 2011. Ancer highlighted that:
- The criminal
law (Sexual Offences and Related Matters) Amendment Act 32 of
2007 says it is a crime if children between the ages of 12 and
16 to take part in consensual sexual activity including kissing
and "petting". Under this law both children may be
charged with "statutory sexual violation or rape".
- Marriage
law states that from the ages of 12 (girls) and 14 (boys), teenagers
can get married as long as they have the consent of the relevant
parties and
- The Children-s
Act 38 of 2005 section 134(1) says that from the age of 12, a
child must be provided with contraceptives on request
- So its illegal
for two 15-year-olds to kiss or have sex, but they can get married
and be given contraception. In an alarming Orwellian twist anyone
aware of the consenting sexual activity has a duty to report it
to the police.
The issues raised
by Ancer show that there is need for critical thinking and wide
consultation before this proposal is implemented. One parent in
Johannesburg indicated to me that she is surprised that the law
allows a child as young as twelve to decide about contraception
without parental consent yet that same child is not allowed to consume
alcohol or to open a bank account. Her point was based on the argument
that decisions on contraception and sexuality have a direct correlation
with maturity and responsibility. Asked on what age she thought
was appropriate for a child to make a decision about contraception,
her answer was plain and simple: eighteen.
By its nature,
the issue of allowing children as young as 12 years to have access
to contraception is quite naysaying and requires careful consideration
before it can be passed either as a policy or law. It is important
for the National Aids Council, the Ministry of Health and Child
Welfare as welfare as NGOs and other stakeholders to carefully engage
in critical consultation, awareness campaigns and research and determine
its potential benefits and challenges if it is to be implemented
in a society like Zimbabwe.
Please credit www.kubatana.net if you make use of material from this website.
This work is licensed under a Creative Commons License unless stated otherwise.
TOP
|
