In response to the emerging practice of pharmacists refusing to dispense abortifacients due to conscientious objection, the Centre for Human Rights, and 11 other public interest organisations, have addressed an open letter to the South African Pharmacy Council (SAPC) and the National Department of Health (NDOH). The open letter contains a legal opinion highlighting the significant, and adverse, impact of conscientious objection on access to safe and legal abortions.
The open letter sets out reports received by Abortion Support South Africa of pharmacists refusing to dispense abortifacients even with a valid script issued by a medical doctor. The letter further outlines the legal framework governing conscientious objection, insofar as it relates to pharmacists, and explicitly sets out why conscientious objection is not available to pharmacists as indirect healthcare providers in the termination of pregnancy process. By refusing to dispense, pharmacists are infringing on the rights of womxn to have a safe and legal abortion in accordance with the Choice on Termination of Pregnancy Act, 92 of 1996 and the Constitution of the Republic of South Africa.
The legal opinion submitted to the SAPC emphasises that while individual pharmacists may hold personal beliefs in relation to abortion, these beliefs should not interfere with their professional responsibilities to provide medications to those seeking medical abortions. A refusal to dispense abortifacients due to a conscientious objection constitutes a violation of both statutory and constitutional rights and is expressly prohibited by the National Clinical Guideline for Implementation of the Choice on Termination of Pregnancy Act.
We urge the SAPC to accordingly engage with the endorsers and to commit to educating pharmacists on their professional responsibilities.
For more information, please contact:
Tamika Thumbiran (she/her)
In-house Counsel, Litigation and Implementation Unit
Project Co-ordinator, SRHR in Africa
LL.B (UKZN) │Admitted Advocate of the High Court of South Africa
Member of the Johannesburg Bar and Legal Practice Council
tamika.thumbiran@up.ac.za
www.chr.up.ac.za
