Zimbabwe High Court Rules Abortion Law Unconstitutional – Eduzim News

By A Correspondent

In a landmark decision, the Harare High Court has ruled that a law denying access to legal abortion for children under 18 and married women raped by their husbands is unconstitutional.

This ruling is a significant step forward for women’s rights in Zimbabwe, but it’s not yet set in stone – it still needs to be confirmed by the Constitutional Court.

The Termination of Pregnancy Act previously only allowed abortions in three circumstances: if the pregnancy endangered the woman’s life, if the child would suffer permanent physical or mental defects, or if the pregnancy resulted from rape (excluding marital rape).

However, the court’s decision now extends abortion access to women who are victims of marital rape, aligning with the legal recognition of marital rape as a crime.

This ruling stems from a case filed by Women in Law in Southern Africa (WLSA), which sought to expand abortion rights and post-abortion care for minors and women who are survivors of sexual violence, including those subjected to marital rape.

Justice Maxwell Takuva declared section 2(1) of the Termination of Pregnancy Act “unconstitutional and invalid,” citing the Zimbabwe constitution’s protection of every person’s right to dignity and inherent dignity in their private and public life.

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