High Court Eases Abortion Access for Teens and Rape Survivors
The High Court has ruled that a section of the Termination of Pregnancy Act is unconstitutional. To make it easier for teenage girls and survivors of rape, including marital rape, to access safe and legal abortions. This decision still needs confirmation from the Constitutional Court before it takes effect.
The case was brought by Women in Law in Southern Africa (WLSA). It wanted to expand access to abortion and care for minors and survivors of sexual violence. They challenged a part of the law that restricted abortion access for girls under 18 and married women raped by their husbands.
Justice Maxwell Munodawafa Takuva ruled in favor of WLSA, declaring, “Section 2(1) of the Termination of Pregnancy Act is unconstitutional and invalid.” He pointed out the serious issues of teenage pregnancies, illegal abortions, and related deaths.
Justice Takuva emphasized that denying pregnant minors access to safe abortions violates their constitutional rights. He stated that such denial is not in the best interests of the child. He also stated that victims of marital rape should be able to get safe abortions.
The case will now go to the Constitutional Court to finalize the ruling and make necessary changes to the law. WLSA’s national director, Ms. Isheanesu Chirisa, welcomed the decision as a big step forward for women’s and girls’ rights in Zimbabwe, allowing more legal protections under the law.
