A Zimbabwean High Court ruling has declared that denying pregnant children and married women of marital rape access to abortion is unconstitutional.
Justice Maxwell Takuva’s ruling, delivered on 22 November, has been hailed as a significant step forward in protecting the rights of women and children in the country.
His Lordship 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.
In his judgment, Takuva referenced Zimbabwe’s Constitution, emphasizing that everyone is entitled to dignity in both private and public life. He pointed out that sexual intercourse with minors is unlawful, adding, “Sex with a minor is therefore unconstitutional, and any pregnancy arising from such intercourse must be treated as unlawful.”
The ruling sheds light on the dire conditions faced by child mothers, describing forced pregnancy as a form of abuse. Justice Takuva cited medical expert Dr Nawal Nour, who stated, “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 often driven by poverty.
Takuva emphasized 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.”
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 judgment, calling it a step toward justice. “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.”
Takuva concluded by highlighting the constitutional breach, stating, “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.”
Activists and public affairs analysts claim that the ruling will be pivotal in reshaping abortion access in Zimbabwe, particularly for the country’s most vulnerable citizens.
Credits: Linda Ikeji
