High Court Ends Abortion Ban for Pregnant Minors and Women Abused By Husbands in Landmark Case
A Zimbabwean High Court ruling has declared that denying pregnant children and married victims of marital rape access to abortion is unconstitutional. Justice Maxwell Takuva’s ruling, delivered on 22 November, has been hailed as a critical step forward in safeguarding the rights of women and children in the country.
Section of Law Deemed Unconstitutional
Zimlive reports that Justice Takuva found that Section 2(1) of the Termination of Pregnancy Act [Chapter 15:10] violates constitutional protections of dignity and the right to protection from degrading treatment.
“The dignity of adolescent children who are impregnated and married women who are raped is adversely affected by the provisions of s 2(1) of the Act,” he said.
Takuva referenced Zimbabwe’s Constitution, emphasising that everyone is entitled to dignity in private and public life. He further explained that sexual intercourse with minors is deemed unlawful, adding,
“Sex with a minor is therefore unconstitutional, and any pregnancy arising from such intercourse must be treated as unlawful.”
Pregnant Children Face Torture and Abuse
The ruling highlights the plight of child mothers, labelling forced pregnancy as a form of abuse. Justice Takuva cited medical expert Dr Nawal Nour:
“Girls aged 10–14 are 5–7 times more likely to die from childbirth compared to women above 20.” He called the situation a “major human rights issue,” noting that child pregnancies in Zimbabwe are driven by poverty.
Justice Takuva warned that forcing children to carry pregnancies without access to safe abortion perpetuates poverty and suffering.
“Teenage pregnancies foster poverty and cyclical reproduction of poverty,” he stated, adding, “It is torture, cruel and degrading treatment for a child to carry another child.”
Legal Confirmation Pending
The High Court ruling now awaits confirmation by the Constitutional Court of Zimbabwe. Human rights lawyer Tendai Biti, representing Women in Law in Southern Africa and Talent Forget, praised the judgement.
“Children were dying by the thousands in illegal and unsafe abortions,” Biti said. “This small victory hopefully closes the chapter of child mothers in Zimbabwe.”
Justice Takuva concluded by emphasising the breach of constitutional rights:
“Failure to include pregnancy of a minor and marital rape as unlawful intercourse violates the right to human dignity, protected under section 51 of the Constitution.”
This landmark ruling could reshape abortion access in Zimbabwe, particularly for the most vulnerable.
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The post Women Raped by Husbands and Pregnant Children Have a Right to Abortion: High Court Redefines Abortion Rights appeared first on iHarare News.
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