Office of the Ombudsman, Samoa‘s National Human Rights Institution
Submission to the Committee on the Rights of the Child – September 2015
abandoned in sewers or empty lots.47There is a serious need to publically
address this issue. Prevention through improved access to contraception and
CSE is the first means by which teen pregnancy can be addressed. Support
needs to be given to young mothers during pregnancy, in order to reduce the
teen mothers being ostracised from their friends and family.
Recommendation 9: To promote attitudinal change in the community, the
Samoan Government should expand its Mothers and Daughters
programme to become nationwide and consider a similar programme for
fathers and sons in order to combat negative social and cultural
attitudes towards teenage pregnancy.
8.4
Abortion
56.
Under the Crimes Act 2013, abortion is illegal in Samoa except in cases where
the physician believes that continuing of the pregnancy would result in serious
danger to the life or to the physical or mental health of the girl.48 Currently, the
law does not provide for exceptions in cases of rape, incest or for minors.
Existing prohibitions lead women and girls to seek unsafe, illegal
abortions.49These policy and legislative settings must be reviewed to take
proper account of the risks imposed and which are being borne by vulnerable
girls who are victims of unlawful sexual acts.
57.
A further issue here is that Samoa‘s failure to adequately implement Article 24
of the Convention is infringing the rights of pregnant teens under Article 28 –
the right to education. A survey conducted by the NHRI for the SHRR
uncovered the issue of pregnant girls being expelled or prevented from
attending school as result of pressure to drop-out in order to care for their
child.50 The denial of education for pregnant girls is a form of gender
discrimination as often it is only the girl that bears the responsibility of looking
after the child. The father does not face the same pressure to drop out of
school during and after the pregnancy. There is a need to foster a culture of
acceptance of pregnant students amongst teachers and students, and
encourage pregnant girls to remain in school, or provide alternative options for
them to continue their schooling while pregnant as well as after childbirth.
Recommendation 10: The Samoan Government should foster improved
teacher and student acceptance of pregnant students, and encourage
47
Ibid.
Crimes Act 2013, s. 116.Allowable up until 20 weeks gestation.
49
CEDAW Committee, Statement of the Committee on the Elimination of Discrimination against
th
Women on sexual and reproductive health and rights: Beyond 2014 ICPD review, 57 session,
available at: http://www.ohchr.org/Documents/HRBodies/CEDAW/Statements/SRHR26Feb2014.pdf
[accessed 31 August 2015] at 2.
50
Input from anonymous Survey participants on file with the NHRI; See also e.g. Letter to the
Editor,Samoa Observer, available at: http://www.samoaobserver.ws/opinions/letters-to-theeditor/12270-teenage-pregnancy-a-social-challenge [accessed 24 February 2015] at 15and Lani
Wendt Young, ―Lets Punish Pregnant Teenagers in Samoa‖
http://laniwendtyoung.me/uncategorized/lets-punish-pregnant-teenagers-in-samoa/[accessed 24
February 2015]
48
18