A ruling by Zimbabwe’s High Court has declared unconstitutional a law that prohibits abortion services for women who have been raped by their husbands and for girls under 18. In a decision issued on November 22 and released this week, Judge Maxwell Takuva stated that since Zimbabwean law already criminalizes marital rape and sexual relations with minors, victims should have the right to terminate a pregnancy resulting from such circumstances.
This ruling is particularly important given the country’s stringent abortion laws, which often force women and girls into unsafe and illegal procedures that can be life-threatening. In Zimbabwe, abortion is permitted only under limited conditions, such as when the pregnancy poses a risk to the woman’s life or if there is a significant chance of severe physical or mental disabilities in the child. Legal abortion services are also available in cases of unlawful sexual acts, including incest.
In September, Zimbabwe raised the legal age of consent for sexual activity to 18, following a constitutional court ruling, which criminalized sexual relations with anyone under that age. However, the existing Termination of Pregnancy Act still restricts abortion access for minors.
Judge Takuva emphasized the inhumane nature of forcing a child to carry or give birth to another child, or to undergo an illegal abortion due to harsh circumstances. The government did not contest the case, which was initiated by a women’s rights organization, but the ruling still requires approval from the Constitutional Court to take effect. The judge highlighted the importance of providing safe and legal abortion services for underage girls, especially in light of the high rates of teenage pregnancies and the associated risks of illegal abortions and fatalities among adolescents in Zimbabwe.
The nation, home to 15 million residents, experiences approximately 77,000 unsafe abortions each year, with many cases remaining unreported. According to UNICEF, numerous girls and women succumb to complications arising from these abortions annually.
In this southern African country, high rates of teenage pregnancies are prevalent due to insufficient enforcement of laws, cultural and religious norms, and pervasive poverty, which hinder access to contraceptives and healthcare facilities for girls and women. Government and UNICEF statistics indicate that nearly one in four girls becomes pregnant between the ages of 10 and 19.
Additionally, one in three girls is married before reaching 18, often as a result of cultural pressures to wed the men responsible for their unintended pregnancies.
