LONDON, 01 Nov. - (ANA) -  Reacting to a ruling by the High Court in Malawi that denying a 14-year-old rape survivor access to a safe termination of pregnancy violated her sexual and reproductive health rights under Sections 19 and 20 of the Gender Equality Act (GEA), Amnesty International’s Regional Director for East and Southern Africa regional office, Tigere Chagutah, said;

 

“In a country where abortion remains largely criminalized, this landmark ruling sets an important precedent. It affirms that forcing a woman or girl to carry an unwanted pregnancy to term is a violation of their rights. It safeguards the constitutional and human rights of survivors of sexual violence to access quality abortion care, while protecting them from the life-threatening risks associated with unsafe abortions.

 

“The ruling further highlights the urgent need for Malawi to reform its restrictive abortion laws and revise its national guidelines on post-abortion care. Only then can the country meet its obligations under regional and international law to ensure access to comprehensive sexual and reproductive health services. Safe abortion care must be accessible and affordable for all women and girls in Malawi, including victims of rape.

 

“By now, it should be clear that restrictive abortion laws and abortion-related stigma contribute directly to maternal mortality and suffering. Malawi’s parliament has an opportunity to draft a legal framework that protects women and girls’ lives, health and dignity.”

 

 

 

 

Abortion is punishable by up to 14 years’ imprisonment in Malawi, with a limited exception “for the preservation of the mother’s life.”  The country has one of the highest maternal mortality ratios in the world, recently estimated at 381 deaths per 100,000 live births. Between 6% and 18% of maternal deaths are estimated to be attributable to complications related to unsafe abortions.

 

The case was filed on behalf of a girl, (named as AC, as she is a minor) who fell pregnant after rape, against the Attorney General, the Ministry of Health and others. She was initially denied a safe abortion at Chileka Health Centre by a clinician who feared legal repercussions. However, following a second opinion she later underwent a safe termination at Queen Elizabeth Central Hospital.

 

On 28 October 2025, the court awarded K50 million (USD 29,000) in damages for violation of AC’s rights, pain and suffering, and loss of amenities of life.   - (ANA) -

 

AB/ANA/01 November 2025 - - -