Zimbabwe High Court rules law prohibiting abortion unconstitutional – JURIST
A Zimbabwe High Court ruling made public on Tuesday, stated that the country’s existing legal prohibitions on abortion services for women raped by their husbands and girls under the age of 18 violate constitutional rights.
The legal challenge focused on Zimbabwe’s Termination of Pregnancy Act (1977), which strictly regulates abortion, allowing it only under limited conditions, such as threats to the mother’s life, cases of rape or incest (excluding marital rape), or severe fetal anomalies. Under this legal framework, abortions were permitted only in narrowly defined circumstances, including risk to the mother’s life, fetal impairment, or sexual assault by non-spouses. It did not provide for abortion access to underage girls or married women subjected to sexual violence by their spouses, prompting criticism that it inadequately addressed reproductive health needs and constitutional rights.
The Women and Law in Southern Africa (WLSA) Trust, a regional organization advocating gender equity and legal reforms, brought the case. WLSA contended that these exclusions contravened constitutional guarantees of dignity, equality, and health and argued for reinterpreting the Act to align with human rights standards.
The court’s decision centered on interpreting the Zimbabwean Constitution, particularly its guarantees of equality, dignity, and protection from inhumane or degrading treatment. The law under scrutiny prohibited access to abortion services for certain groups, including married women raped by their spouses and minors, even in cases of sexual violence.
By declaring parts of the law unconstitutional, the court reinforced the principle that legislation must protect all citizens equitably and without discrimination. The ruling also emphasized the judiciary’s essential role in safeguarding constitutional rights, ensuring that legal frameworks remain instruments of justice and equality, particularly for vulnerable populations.
The High Court’s ruling will still need to be affirmed by the Constitutional Court.
