On Thursday 4 November 2021 the Constitutional Court in South Africa sat to decide on the ratification of the high court’s declaration that the legislation that prevents the burying of foetuses under 26 weeks is unconstitutional.

In April the High Court in Pretoria granted bereaved parents the right to bury the remains of a foetus caused by a spontaneous pregnancy loss of less than 26 weeks. In terms of the act, remains younger than 26 weeks are discarded as medical waste. The case was brought to the courts by the Voice of the Unborn Baby and the Catholic Archdiocese of Durban.

While the Church argues the dignity of a human person from conception, the opposing government argues administrative burden and emotions.

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