HARARE, Zimbabwe — In a landmark decision, the High Court of Zimbabwe has ruled that preventing pregnant minors and women impregnated through marital rape from accessing abortion services is unconstitutional. The court’s judgment, issued on November 22 and disclosed this week by Judge Maxwell Takuva, marks an essential shift toward aligning the country’s abortion laws with its criminal statutes that outlaw marital rape and sexual relations with minors.
The court ruling could significantly impact Zimbabwe’s stringent abortion regulations, which have pushed numerous women and girls towards hazardous illegal abortions – frequently with fatal outcomes.
In Zimbabwe, abortion is legally permissible only under stringent conditions, such as when a woman’s life is at risk, or the fetus could suffer a severe permanent handicap. Legal abortions are also accessible in cases of incest or other unlawful sexual activity. However, despite these provisions, many women, particularly teenagers, resort to unsafe methods due to the legislative limitations.
This significant legal shift comes after a September decision by the constitutional court that recognized sex with individuals under 18 as a criminal offense, raising the age of sexual consent from 16 to 18. Nevertheless, the Termination of Pregnancy Act had still excluded minors from obtaining abortion services, an oversight now addressed by the High Court’s ruling.
Judge Takuva, in his statement, described the denial of abortion services to rape victims and minors as a form of “torture” and a “cruel and degrading treatment.” Notably, the government did not contest the litigation initiated by a women’s rights group advocating for these changes.
Judge Takuva also highlighted the alarming rates of teenage pregnancies and subsequent illegal abortions which often lead to severe health complications or death, emphasizing the need for accessible, safe, and legal abortion services for underage girls. According to UNICEF, Zimbabwe witnesses approximately 77,000 unsafe abortions annually, contributing to a high mortality rate among young women.
The socioeconomic factors that exacerbate this issue include cultural norms, religious practices, and extensive poverty. These elements often prevent effective enforcement of protective laws and restrict access to contraceptive methods and medical facilities. Government and UNICEF data indicate that roughly one in four girls between ages 10 and 19 become pregnant, and one in three are married before turning 18.
This court decision is still pending confirmation from the Constitutional Court to take effect. Nonetheless, it represents a potential turning point in the ongoing struggle for reproductive rights and justice for women and girls in Zimbabwe.
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