Philemon Jambaya
Zim Now Editor
High Court has declared a section of the Termination of Pregnancy Act unconstitutional, paving the way for minors who become pregnant as a result of rape or child marriages to access safe and legal abortions.
The ruling comes after the Women in Law in Southern Africa (WLSA) and Talent Forget, represented by Tendai Biti, successfully sued the Health and Child Care minister, Parliament of Zimbabwe, and Attorney-General.
The lawsuit sought to challenge the definition of "unlawful intercourse" in the Termination of Pregnancy Act, which excluded pregnancies conceived in child marriages. WLSA argued that this exclusion denied children under 18 and married women who are victims of marital rape access to legal abortion.
High Court judge Justice Maxwell Takuva ruled that the law as it stood was not in the best interest of children and was therefore an infringement of Section 81(2) of the Constitution of Zimbabwe. The judge emphasized that any sexual activity with a minor is unconstitutional and that any pregnancy resulting from such acts must be considered unlawful intercourse.
The ruling is a significant step forward for women's rights and reproductive health in Zimbabwe. It recognizes that children who become pregnant as a result of rape or child marriages have the right to access safe and legal abortions.
The ruling also highlights the need for Zimbabwe to review its laws and policies to ensure that they are aligned with the Constitution and international human rights standards.
WLSA welcomed the ruling, saying it was a victory for women's rights and reproductive health in Zimbabwe. The organization emphasized that the ruling would help to protect children from abuse and exploitation.
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