In a landmark ruling, Zimbabwe’s High Court has declared unconstitutional the law that denies abortion services to women raped by their husbands and girls under the age of 18. The ruling, delivered on November 22 by Judge Maxwell Takuva, challenges the country’s restrictive abortion laws, which have long led women and girls into unsafe, illegal abortions, sometimes with deadly consequences.
The case, brought forward by a women’s rights group, argues that since marital rape and sex with minors are already criminal offences in Zimbabwe, victims should be allowed the option of abortion. The ruling calls for these women and girls to have access to safe, legal abortion services if they become pregnant as a result of these violations.
A pivotal legal victory for women’s rights
Zimbabwe’s abortion laws are highly restrictive, only permitting the procedure under certain circumstances such as when the pregnancy endangers the woman’s life or poses a risk of serious mental or physical defects in the child. The country had previously criminalised sex with anyone under 18 years old in September, but the Termination of Pregnancy Act still barred girls under 18 from accessing abortion services, even in cases of rape.
Judge Takuva’s ruling emphasises that forcing a child to carry another child to term is ‘torture, cruel and degrading treatment.’ He stated that girls who become pregnant through rape should not be subjected to the trauma of childbirth or the dangers of illegal abortions. The judge also noted the high prevalence of teenage pregnancies in Zimbabwe, which leads to many illegal abortions and teenage deaths.
Urgent need for legal reform
While the ruling is a step forward for women’s rights, it still requires approval by the Constitutional Court to become effective. Despite this, the government did not oppose the case, highlighting the growing need for reform in the country’s abortion laws. According to the United Nations children’s agency (UNICEF), Zimbabwe records about 77,000 unsafe abortions annually, with many more going unreported. These unsafe procedures contribute to a high number of maternal deaths each year.
Teenage pregnancies remain a major issue in Zimbabwe due to cultural norms, poverty, and limited access to contraception and reproductive health services. Almost 25 percent of girls between the ages of 10 and 19 become pregnant, while one in three girls are married before they turn 18. Many of these girls are pressured into marriages with the men responsible for their pregnancies, compounding the challenges they face.
This ruling signals a significant shift in Zimbabwe’s legal landscape, bringing much-needed attention to the plight of rape survivors and minors in need of reproductive health care.
Credit: Africabriefing
