Women's Rights and Religion Clash Over Abortion in Malawi
Women's rights groups have praised a Malawian court decision permitting safe abortions for girls and women who have experienced sexual violence, although some religious groups continue to oppose abortion.
Previous Abortion Laws and Recent Court Ruling
Until recently, abortion in Malawi was only allowed if the woman's life was at risk. The High Court has now expanded this right, ruling that survivors of sexual violence who become pregnant have the legal right to access abortion services.
Legal Framework and Advocacy Efforts
Malawi's Gender Equality Law guarantees every individual the right to sexual and reproductive health, including the choice of whether to bear a child, within the limits of the law. For over 15 years, women's organizations have pushed for a Termination of Pregnancy Bill. Although there is a draft bill, it has not yet been presented to parliament.
"This judgment is a vindication for all of us who have been lobbying for proper services for those who go through defilement and rape," said Emma Kaliya, chairperson of the Coalition on the Prevention of Unsafe Abortion (COPUA), in an interview with DW.
Case Leading to the Court Decision
The ruling was prompted by a lawsuit filed by a 14-year-old girl denied a safe abortion at a public health facility after being raped. She sued the healthcare provider, medical facility, and Health Ministry for violating her sexual and reproductive health rights.
High Court Judge Michael Tembo stated, "Forcing a child to carry a pregnancy conceived through violence constitutes cruel, inhuman and degrading treatment."
Author's summary: The Malawian court's ruling marks a pivotal step for survivors of sexual violence, affirming their right to safe abortion despite ongoing religious opposition.