The Harare High Court has declared that pregnant minors and victims of marital rape have the right to access safe and legal abortions. This decision marks a significant shift in Zimbabwe’s stringent abortion laws, which previously only permitted abortion under very limited circumstances.
Justice Maxwell Takuva, in his November 22 judgment, ruled that Section 2(1) of the Termination of Pregnancy Act [Chapter 15:10] is unconstitutional and invalid. The Act had restricted abortions to cases where the pregnancy endangered the woman’s life, posed a serious risk of permanent physical or mental defects to the child, or resulted from rape outside of marriage.
The ruling came in response to a legal challenge by Women in Law Southern Africa and Talent Forget, who argued that the existing laws violated the rights of minors and married women who are victims of rape. Represented by lawyer Tendai Biti, the applicants highlighted the high incidence of teenage pregnancies and the associated risks of illegal abortions and teenage mortalities in Zimbabwe.
Justice Takuva emphasized that the dignity of adolescent children and married women who are raped is severely compromised by the restrictive provisions of the Act. He noted that the Zimbabwean Constitution protects the inherent dignity of every person and equates this right with the right to life.
“In my view, the dignity of adolescent children who are impregnated, and the dignity of married women who are raped, is adversely affected by the provisions of Section 2(1) of the Act,” Justice Takuva stated. “Subjecting children to pregnancies without a right to safe abortion is abuse and torture in violation of Section 53 of the Constitution of Zimbabwe.”
The ruling awaits confirmation by the Constitutional Court, but it has already been hailed as a victory for women’s rights and reproductive justice in Zimbabwe. If upheld, it will ensure that minors and marital rape victims can access safe and legal abortions, thereby reducing the risks associated with illegal procedures and protecting the health and dignity of vulnerable individuals.
