HARARE, Zimbabwe — The High Court of Zimbabwe has declared that a law barring abortion services for women who are raped by their husbands and girls under the age of 18 is unconstitutional.
In a ruling issued on November 22 and released recently, Judge Maxwell Takuva highlighted that existing Zimbabwean laws already categorize marital rape and sexual relations with minors as criminal offenses.
Consequently, he emphasized that victims should have the option to terminate a pregnancy resulting from such acts.
This decision is particularly important considering the highly restrictive nature of abortion laws in Zimbabwe, which frequently push women and girls towards unsafe and often illegal abortions, some of which can be life-threatening.
Currently, abortion in Zimbabwe is permitted only under limited circumstances, such as when a pregnancy poses a threat to a woman’s life or if there is a substantial risk of a severe physical or mental defect in the child.
Abortions are also legally accessible in instances of unlawful sexual acts, such as incest.
In September, Zimbabwe raised the legal age of consent for sexual activity to 18, following a ruling that mandated parliamentary action, effectively criminalizing sexual activity with anyone below this age.
However, the existing Termination of Pregnancy Act continued to restrict abortion access for those under 18.
Judge Takuva expressed the severity of the situation, stating, “It is undoubtedly torture, cruel and degrading treatment for a child to carry another child, to give birth to another child, or to be compelled to undergo an illegal abortion due to harsh circumstances.”
The case was brought forward by a women’s rights organization, and the government did not present any opposition. However, for the ruling to take effect, it still requires approval from the Constitutional Court.
The judge further noted that granting safe and legal abortion access for underage girls is crucial amid the alarming rates of teenage pregnancies in Zimbabwe, leading to illegal abortions and increased mortality among teenagers.
According to statistics, Zimbabwe faces approximately 77,000 unsafe abortions each year, with many cases going unreported. The United Nations children’s agency, UNICEF, indicated that numerous girls and women succumb to complications related to illegal abortions annually.
Factors contributing to high rates of teen pregnancies in Zimbabwe include weak law enforcement, cultural and religious norms, and widespread poverty, which hinder access to contraceptives and health facilities.
Government data and UNICEF reveal that nearly one in four girls becomes pregnant between the ages of 10 and 19. Furthermore, in this traditionally conservative southern African nation, about one in three girls is married before reaching 18, often being pressured into marriage by men responsible for their unplanned pregnancies.
