Human Rights consortium goes to court to seek clarity on abortion law

A five-member coalition of human rights organisations in the country have gone to High Court to seek clarity on abortion law.

The rights activists are supporting a 14-year-old girl (name withheld) who is seeking legal clarity at the High Court of Malawi regarding her rights to terminate a pregnancy that resulted from sexual violence.

Godfrey Kangaude, Executive Director for Nyale Institute, which is one of the five organisations, said the girl was denied services at a certain clinic to terminate the pregnancy that came after she was defiled.

“The clinician thought it was illegal to provide her with the service.

“That is why she is seeking clarification if the clinician’s interpretation was correct.

“We are highlighting the Gender Equality Act.

“This is where the legal rights concerning sexual reproductive rights are provided for.

“We are quoting Sections 19(1) and 19(2),” said Kangaude, who is also an attorney and a reproductive health scholar.

Concurring with Kangaude, Centre for Human Rights Executive Director Michael Kaiyatsa observed that though the law permits a woman to have an abortion when her life is in danger, it is not clear what constitutes that danger in a woman’s life.

Kaiyatsa said this has created a situation where healthcare providers find themselves in dilemma when a girl who has become pregnant through sexual violence seeks to terminate the pregnancy.

He added that in most cases, the health service providers simply opt not to provide the girl with the needed services, hence denying many girls access to legal and safe abortion.

“We just want clarity on this specific provision.

“Does protecting a mother’s life extend to a girl who has been raped and become pregnant?

“Our position is that a girl becoming pregnant as a result of sexual violence or rape or defilement already puts that girl in danger.

“So automatically, the life of that girl is in danger,” explained Kaiyatsa.

Wina Sangala, a reproductive health and rights advocate, presented findings from the study conducted by scientists at Kamuzu University of Health Sciences, which explored experiences of sexually assaulted young women and girls seeking health services.

Sangala said the findings revealed that sexually violated pregnant girls face various challenges, including fear for their life, suicidal thoughts and disruptions to their future goals, and that some even desired to terminate the pregnancy.