Zimbabwean Court Declares Abortion Ban for Marital Rape Victims and Minors Unconstitutional
Zimbabwe’s High Court has ruled that a law prohibiting abortion for women raped by their husbands and girls under 18 is unconstitutional, marking a significant development in the country’s restrictive abortion policies.
The judgment, delivered by Judge Maxwell Takuva on November 22 and made public this week, argued that since Zimbabwe’s laws criminalize marital rape and sex with minors, victims of such crimes should have the legal right to terminate pregnancies.
Judge Takuva stated that forcing minors or marital rape victims to carry pregnancies or seek unsafe backstreet abortions amounted to “torture, cruel, and degrading treatment.” He highlighted the severe consequences of restrictive abortion laws, which often lead to unsafe procedures that claim the lives of many women and girls annually.
Zimbabwe’s current abortion law, under the Termination of Pregnancy Act, only permits abortion in limited cases: if the pregnancy endangers the woman’s life, poses a risk of serious disability for the child, or results from incest or other unlawful acts. However, the act denies abortion services to minors, even in cases of statutory rape, despite a constitutional court ruling in September that raised the age of sexual consent from 16 to 18.
“There is no doubt that it is cruel for a child to carry another child or to be forced into illegal abortions due to their circumstances,” said Judge Takuva.
The case was brought by a women’s rights group, and the government did not oppose it. The ruling must still be approved by Zimbabwe’s Constitutional Court to take effect.
The court emphasized the urgent need for accessible and legal abortion services, citing the prevalence of teenage pregnancies and unsafe abortions in Zimbabwe. The country records approximately 77,000 unsafe abortions annually, but the actual numbers are believed to be much higher.
Teen pregnancies are alarmingly common, with nearly one in four girls aged 10 to 19 becoming pregnant, according to UNICEF and government data. Cultural norms, religious beliefs, poverty, and limited access to contraceptives contribute to the problem. Many girls are also forced into marriages with the men responsible for their pregnancies, perpetuating cycles of exploitation and poverty.
The court’s ruling has been hailed as a critical step towards protecting the rights and health of Zimbabwean women and girls, though its implementation remains uncertain pending Constitutional Court approval.
