Zimbabwe’s High Court has declared unconstitutional a law denying abortion rights to marital rape victims and girls under 18.
In a ruling delivered on November 22 and revealed this week, Judge Maxwell Takuva stated the ban violated fundamental rights. He emphasized that Zimbabwe’s existing laws criminalizing marital rape and sex with minors logically demand access to abortion for affected victims.
The decision is seen as a landmark moment in a country where abortion is heavily restricted. Most women and girls facing unwanted pregnancies resort to dangerous backstreet procedures, risking severe health consequences or death.
Currently, legal abortions are permitted only in cases of life-threatening pregnancies, severe fetal abnormalities, or instances of unlawful sex such as incest. The court’s ruling challenges the rigidity of these provisions.
Judge Takuva noted the psychological and physical harm inflicted on minors forced to carry pregnancies. “It is cruel, degrading, and torturous for a child to give birth or resort to illegal abortions under dire conditions,” he stated.
The case was brought forward by a women’s rights organization, with the government offering no opposition. However, the Constitutional Court must approve the decision before it becomes binding.
Zimbabwe records approximately 77,000 unsafe abortions annually, with many more cases going unreported. Teenage pregnancies are pervasive due to lax law enforcement, poverty, and cultural norms that often pressure girls into early marriages.
Nearly one in four girls between 10 and 19 becomes pregnant, according to UNICEF and government statistics. Activists hope the ruling will prompt comprehensive reforms to protect vulnerable women and girls from preventable tragedies.
This decision shines a spotlight on the need for safe and accessible reproductive health services in Zimbabwe, offering hope for a more inclusive future.
