HARARE, Dec. 3 (AGCNewsNet) - Zimbabwe's High Court has ruled that provisions of the law denying abortion services to women raped by their husbands and girls under 18 are unconstitutional. The ruling, delivered on November 22 and made public this week, was issued by Judge Maxwell Takuva. The judge emphasized that since Zimbabwe’s laws already criminalize marital rape and sex with minors, victims of such offenses should have the right to seek abortion if they become pregnant.

This decision is a significant step forward, as Zimbabwe’s existing abortion laws are highly restrictive. Abortion is only permitted under limited circumstances, such as when the pregnancy threatens the woman's life or poses a risk of severe physical or mental defects in the child. Legal abortion is also allowed in cases of incest or unlawful sex. However, the law previously prohibited abortion for girls under 18, despite the country’s criminalization of sex with minors.

Judge Takuva highlighted the severe consequences of denying abortion to underage girls, calling it "torture, cruel and degrading treatment" for a child to carry or give birth to another child, or to be forced into illegal and unsafe abortions. He also pointed to the widespread issue of teenage pregnancies in Zimbabwe, which often result in dangerous illegal abortions and fatalities.

Zimbabwe reports about 77,000 unsafe abortions annually, with many more going unreported. Unsafe abortions are a leading cause of death among women and girls in the country, as stated by UNICEF. The judge's ruling could pave the way for greater access to safe and legal abortion services, especially for underage girls, in a country where teenage pregnancies are common due to cultural, religious, and economic barriers.

The government did not oppose the case, which was filed by a women’s rights group, but the ruling must still be approved by Zimbabwe’s Constitutional Court before it becomes fully effective. This development is viewed as a critical step in addressing the high rates of teenage pregnancies and unsafe abortions in the country.

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