In a landmark ruling, Zimbabwe’s High Court has declared a law that prohibits abortion services for women raped by their husbands and girls under the age of 18 as unconstitutional. The ruling, delivered by Judge Maxwell Takuva on Nov. 22 and made public recently, emphasized that victims of rape should have the right to access abortion services if they become pregnant.
Zimbabwe has strict abortion laws that only allow the procedure in limited circumstances, such as when the woman's life is in danger or in cases of severe physical or mental defects in the fetus. However, the law previously denied abortion services to girls under 18, despite criminalizing sex with minors.
The court's decision highlighted the dangers faced by women and girls who resort to illegal and unsafe backstreet abortions, often resulting in fatalities. It underscored the need to provide safe and legal abortion services to underage girls to prevent teenage pregnancies, illegal abortions, and teenage mortalities.
The ruling, which was uncontested by the government and brought forward by a women's rights group, is pending approval by the Constitutional Court to take effect. The judge emphasized the importance of allowing underage girls access to abortion services, citing the high prevalence of teenage pregnancies in Zimbabwe.
Zimbabwe, with a population of 15 million, witnesses approximately 77,000 unsafe abortions annually, with many cases going unreported. The lack of access to contraceptives, cultural practices, and poverty contribute to the high rates of teen pregnancies in the country.
According to government and UNICEF data, nearly one in four girls in Zimbabwe becomes pregnant between the ages of 10 and 19, while one in three girls is married before turning 18. The deeply conservative society often forces girls to marry men responsible for their unplanned pregnancies, exacerbating the challenges faced by young girls and women.
