Africa-Press – Malawi. In a landmark judgment hailed as a triumph for justice and human dignity, the High Court of Malawi has ruled that girls who fall pregnant through rape or defilement have a legal right to access safe abortion services in hospitals—upholding Section 19 of the Gender Equality Act.
The groundbreaking decision follows a case filed by a defiled minor against a healthcare provider, a medical facility, and the Ministry of Health after she was denied a safe abortion despite her pregnancy being a result of sexual violence.
In a bold and compassionate ruling, High Court Judge Michael Tembo declared that denying such victims access to abortion violates their sexual and reproductive health rights.
“This Court has no doubt in its mind that a purposive interpretation of section 19 of the Gender Equality Act entails that a girl victim of a sexual offence who becomes pregnant as a result of such an offence has a right to seek an abortion automatically,” said Judge Tembo.
He ruled that the clinician who denied the minor’s request had violated the law and condemned the decision as “harsh and inhumane.”
“It is cruel and degrading to insist that such a girl keep the pregnancy. It is only logical and consistent with her reproductive rights that she be allowed—without let or hindrance—to access abortion services so that her life is not ruined by mental or physical trauma associated with an unwanted pregnancy,” the judge ruled.
The Court further affirmed that girls impregnated through sexual offences automatically qualify for safe abortion services under the Gender Equality Act.
“The claimant herein is no exception. At the material time, she was automatically entitled to an abortion as a victim of a sexual offence, in exercise of her right to access sexual and reproductive health rights under Section 19 (1)(a) and 19 (2),” the ruling emphasized.
Judge Tembo underscored that the Gender Equality Act was enacted to protect the sexual and reproductive health rights of all individuals—especially those most vulnerable to abuse. He faulted the clinician for ignoring the psychological trauma suffered by the minor, noting that the focus on her physical health alone was “regrettable and inadequate.”
“The clinician examined only her physical health but did not consider her mental well-being or the emotional devastation caused by the rape,” the judge observed.
The case was heard in Blantyre, involving a clinician at Chileka Health Centre, the Blantyre District Council, and the Minister of Health, all accused of denying the minor her right to a safe abortion following her rape.
In a significant directive, the Court ordered the Ministry of Health and the Malawi Human Rights Commission (MHRC) to ensure a supportive and accessible environment for victims and survivors of sexual violence seeking safe abortion services.
The ruling has been described as historic and progressive by reproductive rights advocates.
Dr. Godfrey Kangaude, Executive Director of the Nyale Institute of Reproductive Health, welcomed the judgment as a turning point for Malawi’s justice and health systems.
“This is the first ruling in Malawi to confirm that the Gender Equality Act provides a legal basis for access to abortion care in cases of child pregnancy resulting from sexual violence,” said Dr. Kangaude.
“It makes clear that children who become pregnant through rape have a right to lawful, timely, and compassionate abortion care—and that all health providers and institutions must act in line with the law.”
The High Court’s decision marks a powerful victory for survivors of sexual violence, reaffirming that their dignity, health, and future must never again be sacrificed to silence, stigma, or neglect.
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