In a landmark decision, Zimbabwe’s High Court has ruled that prohibiting abortion for victims of marital rape and minors is unconstitutional. The judgment, issued by Judge Maxwell Takuva on November 22 and made public this week, emphasized that denying such individuals access to abortion constitutes cruel and degrading treatment.
The court highlighted that Zimbabwe’s laws already criminalize marital rape and sexual activity with minors. Therefore, denying abortion in these cases contradicts protections afforded under existing legislation.
This ruling challenges Zimbabwe’s restrictive Termination of Pregnancy Act, which permits abortion only under limited circumstances, such as life-threatening conditions for the mother, severe fetal abnormalities, or unlawful acts like incest. The judge noted the high rates of teenage pregnancies and unsafe abortions, which often result in severe complications or death, as a driving factor for the decision.
Zimbabwe records approximately 77,000 unsafe abortions annually, with many cases involving minors forced into illegal and hazardous procedures. UNICEF data reveals that nearly 25% of girls aged 10–19 become pregnant, often due to cultural norms, poverty, and barriers to accessing contraception.
While the ruling represents a significant step forward for reproductive rights, it requires approval from the Constitutional Court to take effect. Women’s rights advocates have welcomed the decision, calling for swift implementation to address widespread unsafe abortions and protect vulnerable groups.