In a monumental judgment, Zimbabwe’s High Court has declared Section 2(1) of the Termination of Pregnancy Act unconstitutional, marking a pivotal moment in the fight for women’s rights and gender justice. This ruling not only recognizes the rights of rape survivors but also offers hope to countless victims of gender-based violence (GBV), especially children who have suffered unimaginable trauma.
For years, Zimbabwean girls as young as 8 and 9, victims of rape and incest, were forced to carry pregnancies to term due to restrictive laws. Their suffering was hidden in silence, their rights were disregarded. But now, thanks to this judgment, these girls—and women who endure marital rape—have a path toward reclaiming their autonomy and dignity.
The Devastating Risks of Child Pregnancy
Child pregnancy is not just a violation of rights; it is a threat to life. According to medical research cited in the court’s ruling, girls aged 10-14 are five to seven times more likely to die from pregnancy-related complications than women in their twenties. Those aged 15-19 are twice as likely to face fatal risks.
Young girls are particularly vulnerable to:
Obstetric Fistula: A debilitating condition caused by obstructed labor, often leading to lifelong incontinence and social ostracization.
Hemorrhaging: A leading cause of maternal mortality in adolescent pregnancies.
Eclampsia: A life-threatening complication causing seizures and kidney damage.
Infections: Due to their underdeveloped bodies, young mothers are at heightened risk of postpartum infections.
Beyond physical health, child pregnancy robs girls of their childhood, education, and economic future. It creates a vicious cycle of poverty and vulnerability that traps generations in hardship.
A Victory for Justice and Humanity
This judgment acknowledges that forcing children to carry pregnancies to term is a form of abuse, violating their rights to dignity, health and freedom under the Constitution. It ensures that girls and women subjected to rape or incest can access safe, legal abortion.
Importantly, this decision builds on Zimbabwe’s progressive legal history, including:
- The 2016 outlawing of child marriages, which established that girls under 18 cannot be married.
- The 2022 ruling in Diana Eunice Kawenda vs the Minister of Justice, which raised the age of sexual consent to 18.
Why This Ruling Matters
Empowering Survivors of Sexual Violence
For too long, survivors of sexual violence—particularly children and married women—lacked access to vital healthcare services, including legal abortion. This ruling ensures that victims of marital rape and child sexual abuse are no longer invisible in the law, giving them the right to make choices about their bodies and futures.
Safeguarding Children’s Rights
Teenage pregnancies are a glaring issue in Zimbabwe, with dire consequences for the health and education of young girls. The court recognized that forcing children to carry pregnancies is a form of abuse and torture. This judgment aligns Zimbabwe’s laws with international human rights standards, including the Convention on the Rights of the Child, which mandates that the best interests of children be paramount.
Addressing the Cycle of Poverty
Child mothers often face disrupted education, economic hardship, and limited opportunities. By enabling access to legal abortion, this ruling disrupts the vicious cycle of poverty perpetuated by teenage pregnancies.
Recognizing Dignity and Autonomy
The court’s emphasis on the right to dignity underscores that survivors of rape and abuse must be treated with respect and afforded agency over their lives. Forcing a woman or child to carry a pregnancy resulting from sexual violence is an affront to their inherent humanity.
The court has demonstrated its commitment to protecting children, upholding human rights and preventing further tragedies caused by gender-based violence.
A Call to Action:
While this ruling is a victory, the journey is far from over. Survivors of GBV need more than legal protections—they need support, resources and empowerment to rebuild their lives.
At Bertha’s Place and Bertha’s Legacy, we are dedicated to supporting victims of gender-based violence, especially young girls and women who have endured the horrors of rape, child pregnancy and forced marriages. We provide counseling, legal assistance, education and economic empowerment programs to help survivors reclaim their futures.
But we can’t do it alone. We need your support.
● Advocate for comprehensive legal reforms that protect survivors and ensure justice.
● Donate to Bertha’s Legacy to help us expand our reach and provide essential services to GBV victims.
● Volunteer your time or expertise to empower survivors in your community.
Together, we can build a society where every woman and child lives free from violence, empowered to pursue their dreams. Stand with us in creating a legacy of hope and justice.
Every survivor deserves a chance to thrive!
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