Navigating conflicting laws in sexual and reproductive health service provision for teenagers

Abstract

Background: The South African legal and policy framework for sexual and reproductive healthcare provision for teenagers is complex.

Objective: The article outlines the dilemmas emanating from the legal and policy framework, summarises issues with implementation of the legal and policy framework in practice, and summarises recent changes to the law.

Methods: In-depth analysis of the legal and policy framework. Training workshops with a purposive sample of nurses and other healthcare providers in the Western Cape.

Findings: Tensions between consent and confidentiality imposed by the Termination of Pregnancy Act, the Children’s Act, the National Health Act and the Criminal Law (Sexual Offences and Related Matters) Amendment Act render conflicting obligations on healthcare providers. Healthcare providers’ experiences with service provision in this context show that the conflicting roles they inhabit render their service provision to teenagers more challenging.

Conclusion: Healthcare providers need to learn about their legal obligations surrounding adolescent sexual and reproductive health services.