Zimbabwe’s High Court has declared a law prohibiting abortion services for women raped by their husbands and girls under 18 unconstitutional.
In a landmark ruling delivered on November 22 and made public this week, Judge Maxwell Takuva stated that Zimbabwe’s laws, which already criminalize marital rape and sex with minors, should permit victims of such crimes to access abortion services if they become pregnant.
The judgment challenges Zimbabwe’s stringent abortion laws, which often force women and girls into unsafe, illegal procedures with fatal consequences.
Abortion in Zimbabwe is currently allowed only in limited circumstances, such as when a pregnancy endangers the woman’s life, poses a risk of severe physical or mental disability in the child, or results from unlawful acts like incest.
Judge Takuva criticized the restrictive provisions of the Termination of Pregnancy Act, emphasizing the detrimental impact on underage girls.
“It is torture, cruel, and degrading treatment for a child to carry another child or to be forced into unsafe abortions due to such circumstances,” he said.
The ruling gains significance against the backdrop of high rates of teen pregnancies and unsafe abortions in Zimbabwe. UNICEF reports that the country records approximately 77,000 unsafe abortions annually, with many cases unreported and leading to preventable deaths.
Almost one in four girls in Zimbabwe falls pregnant between the ages of 10 and 19, with cultural, religious, and economic pressures often forcing girls into early marriage or denying them access to contraceptives and healthcare.
The case, brought by a women’s rights group, faced no opposition from the government but must still be ratified by the Constitutional Court to take effect.
If upheld, the ruling could pave the way for safer and more accessible abortion services for rape victims and minors in Zimbabwe.
