Zimbabwe High Court Legalizes Abortion for Rape Victims and Minors
Zimbabwe’s High Court has ruled in favor of allowing abortion services for women who have been raped, including cases of marital rape, and for girls under the age of 18 who become pregnant, marking a significant shift in the country’s abortion laws. The ruling, issued by Judge Maxwell Takuva on November 22, 2024, states that since Zimbabwe’s laws already criminalize marital rape and sex with minors, victims in such circumstances should have access to abortion services.
Judge Takuva emphasized that forcing minors to carry pregnancies to term would be a form of torture, cruel, and degrading treatment. He noted the negative impact on minors who are victims of sexual violence and the risks associated with teenage pregnancies, including unsafe abortions and high mortality rates among young girls.
The case was brought forward by a women’s rights group, and the government did not oppose the case, though the ruling must still be approved by the Constitutional Court to become effective. The decision has highlighted the serious issue of teenage pregnancies in Zimbabwe, where unsafe and illegal abortions are common, often leading to fatalities.
Currently, Zimbabwe’s laws on abortion are highly restrictive, permitting abortion only in certain circumstances such as when a woman’s life is at risk, in cases of serious fetal abnormalities, or if the pregnancy results from unlawful sex, including incest. Despite these provisions, the Termination of Pregnancy Act had previously denied abortion services for girls under 18, even in cases of rape.
This ruling is particularly significant given the high rate of teenage pregnancies in Zimbabwe, where nearly 25% of girls between the ages of 10 and 19 become pregnant. Additionally, cultural, religious, and socioeconomic factors, alongside poor access to contraceptives, contribute to widespread teenage pregnancies and the prevalence of unsafe abortions.
The ruling is a major step toward addressing these public health concerns, though the implementation of such a policy remains to be seen. It also comes in the context of a broader effort to address child marriage, with one in three girls in Zimbabwe marrying before the age of 18.