Zimbabwean high court gives new ruling on pregnant children and women r@ped by their husband

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According to a Zimbabwean High Court decision, it is unlawful to deny pregnant women and married victims of marital rape access to abortion.

The decision rendered by Justice Maxwell Takuva on November 22 has been praised as a major advancement in the nation’s efforts to defend the rights of women and children.

Section 2(1) of the Termination of Pregnancy Act [Chapter 15:10], according to Justice Takuva, breaches the right to be free from degrading treatment and the right to dignity guaranteed by the constitution. “The dignity of adolescent children who are impregnated and married women who are r@ped is adversely affected by the provisions of s 2(1) of the Act,” he said.

Takuva cited Zimbabwe’s Constitution in his ruling, highlighting everyone’s right to dignity in both private and public life. He made it clear that having sex with a minor is illegal, saying, “S3x with a minor is therefore unconstitutional, and any pregnancy arising from such intercourse must be treated as unlawful.”

The decision clarifies the terrible circumstances that child mothers endure by characterising coerced pregnancy as an abuse. “Girls aged 10-14 are 5–7 times more likely to die from childbirth compared to women over 20,” according to medical expert Dr. Nawal Nour, who was quoted by Justice Takuva. He referred to the situation as a “major human rights issue,” pointing out that poverty is a key contributing factor in child pregnancies in Zimbabwe.

Takuva stressed that poverty and suffering are sustained when children are forced to carry pregnancies without access to safe abortions. “Teenage pregnancies foster poverty and cyclical reproduction of poverty,” he stated, adding, “It is torture, cruel and degrading treatment for a child to carry another child.”

The Zimbabwean Constitutional Court is currently awaiting confirmation of the High Court’s decision. Tendai Biti, a human rights attorney who represents Talent Forget and Women in Law in Southern Africa, hailed the ruling as a move in the right direction. “Children were dying by the thousands in illegal and unsafe abortions,” Biti said. “This small victory hopefully closes the chapter of child mothers in Zimbabwe.”

“Failure to include pregnancy of a minor and marital rape as unlawful intercourse violates the right to human dignity, protected under section 51 of the Constitution,” Justice Takuva said in closing, emphasising the constitutional violation. This historic decision may change access to abortion in Zimbabwe, especially for the most vulnerable residents of the nation.

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