Harare Correspondent
Zimbabwe’s High Court has made a groundbreaking ruling, declaring that pregnant children and marital rape victims have the right to abortion.
This decision comes after the court deemed a law denying access to legal abortion for children under 18 and married women who are victims of marital rape as unconstitutional .
According to Justice Maxwell Takuva, the ruling judge,
“…the dignity of adolescent children who are impregnated, the dignity of married women who are raped is adversely affected by the provisions of s 2(1) of the Act.”
He emphasized that the Zimbabwean Constitution protects the right to inherent dignity, which is foundational and equated with the right to life.
The Termination of Pregnancy Act previously only permitted abortion in three situations: when the pregnancy endangers the woman’s life, when there’s a risk of a permanent physical or mental defect, or when the child was conceived through rape outside of marriage.
However, Justice Takuva declared section 2(1) of the Act “unconstitutional and invalid”.
This ruling awaits confirmation by the Constitutional Court and would provide access to safe and legal abortion for abused children under 18. Human rights lawyer Tendai Biti, who argued the case, hailed the judgment as a significant step in protecting vulnerable groups.
“Children were dying by the thousands in illegal and unsafe abortions. This small victory hopefully closes the chapter of child mothers in Zimbabwe,” Biti said.
The Judge also highlighted the devastating consequences of teenage pregnancies, citing medical research that shows adolescent girls face significantly higher risks of complications and death during childbirth.
“Girls aged 10 to 14 are 5 to 7 times more likely to die from child birth, and girls aged 15 to 19 face double the risk,” Justice Takuva said.
This landmark ruling has sparked hope for a change in Zimbabwe’s strict abortion laws, providing a safer and more dignified option for pregnant children and marital rape victims.
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