daniel chigunwe
Latwell Nyangu
GIRL child rights activists have welcomed the ruling by the High Court on key provisions of termination of pregnancy.
The High Court declared a key provision that defined candidates proper for the Termination of Pregnancy Act 9 Chapter unconstitutional and invalid.
Justice Maxwell Takova ruled that Section a (1) of the Act, which only defined unlawful inter-course as rape excluding rape victims and children below the age of e, was no longer compatible with the Constitution.
In their application, Women in Law Southern Africa Talent, said the lane was an infringement on the rights of children Under the law, girls below the age of it and rape victims had no access to legal abortion.
In an interview, Maxim Murungweni said the move is progressive.
“This is a persuasive judgment that is in line with our Child Rights Laws in Zimbabwe as well as the African Charter on the rights and welfare of the child and the UNCRC.
“It is important to note that the judgment upholds the principle of the best interest of the child.
“This will go a long way in making sure that our children, who get pregnant as a result of sexual abuse, receive the necessary health services including termination of pregnancy and the necessary psychosocial support.
“However, there is a need to adequately sensitize the citizens with the correct information so that the judgment is not misinterpreted.”
Shamwari Yemwanasikana also commended the judgment.
“Girls below the age of sts, with the previous law, were tied to perpetrators through the child born, which often resulted in child marriages.
“With this ruling, girls are now given a chance to seek recourse without any form of attachment to the perpetrator.
“Subjecting children to pregnancy was inhuman and torture as the child was a constant reminder of the heinous act the girl was exposed to.
“In most cases, girls had to put up with health complications associated with childbearing at a very young age such as obstetric fistula among others.
“In some instances, loss of life occurred.”
Shamwari Yemwanasikana added:
“This should also allow all girls under the age of 18 to have a choice on sale abortion regardless of the circumstances under which the baby was conceived.
“This will allow the full implementation of SDGs and agenda 20230, allowing the girls to take the lead.
“Especially, now as the world is commemorating the 16 Days Activism against Gender-Based Violence.
“We need to unite to make sure this is implemented.”
Mathew Masinge
Online Reporter