Zimbabwe High Court rules abortion law unconstitutional for rape Victims and minors
Zimbabwe’s High Court has declared a law that restricts access to abortion for marital rape victims and girls under the age of 18 as unconstitutional.
The ruling, announced by Judge Maxwell Takuva, highlights that the existing laws already criminalise both marital rape and sexual relations with minors, thereby permitting abortion for affected individuals.
This judicial ruling aims to address the dangers women and girls face from unsafe abortions, which often arise due to restrictive legal frameworks.
Currently, Zimbabwean legislation permits legal abortions in very limited circumstances, thereby pushing many women toward illegal procedures that can lead to severe health risks and fatalities.
The judge noted the serious implications of forcing a child to carry a pregnancy to term, especially in a society where, statistically, one in every four girls becomes pregnant between the ages of 10 and 19.
“There is no doubt that it is torture, cruel and degrading treatment for a child to carry another child, for a child to give birth to another child, or for a child to be forced to illegally abort because of cruel circumstances,” the judge was quoted by ABC News.
He explained that the pressing issue of high rates of teenage pregnancies, which are exacerbated by poor enforcement of laws, cultural norms, and widespread poverty, makes access to contraceptives and reproductive health services challenging. To improve the health and safety of young girls and alleviate the burden of unsafe abortions, a move towards granting them access to safe and legal abortion services is imperative.
Despite the government’s failure to contest the women’s rights group that brought forth the case, the ruling awaits approval from the Constitutional Court before it can take effect.
The African nation records approximately 77,000 unsafe abortions annually, a number that might not capture the complete picture of this issue.
