Zimbabwe court strikes down abortion law for marital rape victims

In Zimbabwe, a significant legal ruling took place concerning the restrictive abortion laws within the country. On November 22, 2024, Judge Maxwell Takuva of the Zimbabwean High Court issued a ruling declaring certain provisions of existing abortion laws unconstitutional. These provisions specifically denied women who have faced marital rape and girls under the age of 18 access to legal abortion services. This ruling was brought forth by a women's rights group and is part of a broader effort to ensure equitable access to reproductive health care for vulnerable populations in Zimbabwe. The judge's decision highlights the pressing issue of martial rape and child pregnancies, noting that Zimbabwe's laws criminalize marital rape and sex with minors. Takuva emphasized the cruel and degrading nature of forcing a child to carry another child, reinforcing that the law should recognize the mental and physical trauma involved. The ruling aims to provide a legal avenue for underage girls, who often face significant health risks due to unsafe, illegal abortions. With statistics showing that about 77,000 unsafe abortions occur annually, the need for safe, legal procedures is urgent. The legal landscape surrounding abortion in Zimbabwe has been notably restrictive, permitting abortion only under very limited circumstances such as when the pregnancy endangers the woman's life or leads to significant health defects in the child. Additionally, there are provisions for legal abortion in cases of unlawful sex, including incest. However, the law continued to uphold barriers for girls under 18, despite the recent constitutional ruling that set the age of consent for sexual activity at 18. This inconsistency has led to widespread illegal abortions, which often result in life-threatening complications for young girls and women. Although the government did not oppose the ruling, which still requires approval from the Constitutional Court to take effect, Judge Takuva pointed out the importance of providing safe and legal access to abortion services for minors. This ruling may pave the way for future legislative changes, as stakeholders in Zimbabwe work towards addressing the social and cultural circumstances that exacerbate the problem of teen pregnancies.