CWGH executive director, Itai Rusike
Staff Writer
The Community Working Group on Heath (CWGH) has hailed the High Court ruling on Termination of Pregnancy Act.
The High Court last week delivered a landmark ruling declaring parts of Zimbabwe’s abortion law unconstitutional, finding that provisions of the Termination of Pregnancy Act violate several fundamental rights, particularly the rights of mentally ill women and victims of sexual abuse in mental health institutions.This was after CWGH together with House of Assembly member, Nyasha Batitsa and renowned human rights lawyer, Tendai Biti, approached the court challenging the validity of section 4(a) and the definition of ‘unlawful intercourse’ in section 2(1) of Zimbabwe’s Termination of Pregnancy Act (Chapter 15:10).
The application which cited the Minister of Health and Child Care as the respondent sought to remedy gaps that have historically excluded women with mental disabilities from meaningful access to lawful termination of pregnancy, despite the Constitution’s guarantees of dignity, equality, health, bodily integrity, and freedom from cruel, inhuman, or degrading treatment.
Commenting on the landmark ruling, CWGH executive director, Itai Rusike said the judgment made by High Court judge Justice Sylvia Chirawu -Mugomba marks a significant step for reproductive justice in Zimbabwe.
“This judgment marks a significant step forward for reproductive justice system in Zimbabwe,”said Rusike.
“It affirms that mental health endangerment must be recognized alongside physical risk within abortion law and that women with mental disabilities must receive equal protection from sexual exploitation.The ruling strengthens constitutional protection for women’s autonomy, dignity, and health and lays a foundation for rights- aligned legislative reform,”said Rusike.
Justice Slyvia Chirawu-Mugomba, handing down judgment, ruled that section 4(a) of the law governing the circumstances under which a pregnancy may be lawfully terminated “to the extent that it excludes mental health” fails to meet constitutional standards and unjustifiably limits key rights such as dignity, equality, and the right to health.
The judge ordered that : “The above declarations of constitutional invalidity are suspended until such time as the Constitutional Court has confirmed the same… The above order… is referred to the Constitutional Court for confirmation.”