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Court ruling gives opportunity to reflect on unsafe abortion health challenges – Masamba

Chancy Namadzunda by Chancy Namadzunda
November 29, 2025
in Health
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Anthony Masamba

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Parliamentary Committee on Health chairperson Anthony Masamba has said that the recent High Court ruling offers an important opportunity to reflect on the serious health and social challenges posed by unsafe abortion, particularly for the most vulnerable in the country.

He was speaking in Salima on Saturday at the Sexual and Reproductive Health Rights (SRHR) meeting.

Recently, High Court judge .Micheal Tembo allowed girls who are victims of sexual violence and rape to access safe abortion services.

This follows action by a brave 14-year-old girl, identified in court as AC for legal and ethical reasons, who took legal action against the Ministry of Health for being denied the services, after being raped in 2022.

The girl also sued a clinician at Chileka Health Centre who refused to provide the service.

“This judgment does not ask us to adopt a predetermined position, but to carefully consider its implications, consult widely with stakeholders, and chart a way forward that safeguards the wellbeing and dignity of all Malawians,” said Masamba, who is also a Member of Parliament (MP) for Mchinji North East.

He said as MPs, they are looking forward to a continued working relationship with other stakeholders in the health sector in ensuring that the rights of women and adolescents are promoted and protected.

“The issues that we have discussed, issues related to Women’s Sexual and Reproductive Health Rights and access to safe abortion services, are critical to the health and well-being of millions of women and girls in Malawi and around the world. This has been true for some time, is true today, and is even more important when we look at the stakes for future generations.

“Since Sustainable Development Goals (SDGs) begun, we challenged ourselves to achieve the Goals. We can see that we are making some progress in some goals. For example, providing increased access to safe drinking water. But the goal where the least progress has been made is the one that strikes at the heart of issues related to Women’s access to Sexual and Reproductive Health Services and that’s SDG 3, where reducing maternal mortality and providing universal access to reproductive health, including family planning fail.

“We all know that there can be no development without a focus on women and girls, women cannot fully participate in development unless their reproductive health needs are met and their reproductive rights are respected, protected and fulfilled.

“The right of women to decide if, when, and how often to have children is crucial to their ability to take control of many other aspects of their lives, the most effective way for women to have autonomy over their body is through access to Sexual Reproductive Health and Rights.

“Finally, those least likely to have access to reproductive health care are the poorest and most marginalized people. These include those living in rural or remote areas, those displaced by humanitarian crises, the disabled, indigenous people, and importantly young people,” he said

He reminded stakeholders that Malawi is a signatory to the African Charter on Human and Peoples’ Rights, commonly known as the Maputo Protocol, which protects the rights of women and girls, including access to healthcare and explicit sexual and reproductive health and rights.

“Honourable Members, the SADC Sexual and Reproductive Health and Rights Strategy provides a useful framework to guide these deliberations. It promotes an integrated approach to ensure that all people in the SADC region enjoy healthy sexual and reproductive lives, have sustainable access to quality SRHR services, receive adequate information and education, and are fully able to realize and exercise their rights as part of sustainable human development,” said Masamba

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