Some human rights organizations have expressed their support for a 14-year-old girl (name withheld), who is seeking justice in the High Court of Malawi regarding her rights to terminate a pregnancy.
This was revealed by Nyale Institute Executive Director Dr. Godfrey Kangaude on behalf of his organization and others in the coalition including Centre for Human Rights and Rehabilitation (CHRR), Afya na Haki (AHAKI), Young Women Consortium (YWC) and the Centre for Reproductive Rights(CRR) during media conference held on Saturday in Lilongwe.
On September 28, 2023, a 14-year-old girl through her legal guardian, filed a case in the high court against several defendants, including the Minister of health with an aim of seeking legal clarity regarding her rights to terminate a pregnant resulting from sexual violence, according to section 19(1) and 19(2) of the Gender Equality Act.
According to Dr. Kangaude, his organization and others have decided to step up their support for the girl as the pregnancy is putting her life in danger.
“We stand by this girl, because her case holds immense public importance, concerning the ability of pregnant minors and survivors of sexual violence to access safe and legal abortion services as per our laws. The law permits termination of a pregnancy when a woman’s life is in danger. It is our strong belief, supported by evidence, that when a girl or woman becomes pregnant due to sexual violence, her life is indeed in danger. In such cases, girls and women have a legal right to access safe abortion services if they choose” said Kangaude
Dr. Kangaude further said the existing laws and clinical guidelines lack clarity on what constitutes, concerning the ability of pregnant minors and survivors of sexual violence to access safe and legal abortion services as per laws.
According to Dr. Kangaude, this year, a study conducted by students from Kamuzu University of Health Sciences revealed many challenges that pregnant minors are facing who wishes to terminate pregnancy but they are restricted to do so.
He therefore said this case presents a crucial opportunity for healthcare institution and providers.
“A court’s determination of this girl’s legal rights would provide much needed clarity on the legal obligations of healthcare professionals when dealing with situations involving sexually violated girls seeking safe and legal abortion. This case serves as an important milestone in the implementation of the Gender Equality Act to ensure that survivors of sexual violence are protected and supported by the law” he added
Meanwhile, Dr. Kangaude has called upon all interested parties to join them in supporting the clarification of the legal issues surrounding the 14 year old girl.
