In Zimbabwe, it’s now a criminal offence to have sex with a person under the age of 18.
Last year, the Criminal Law Amendment (Protection of Children and Young Persons) Act was passed, which put the age of sexual consent at 18 years. This followed a landmark ruling in 2022 where the court held that 16 years as the age of consent was unconstitutional.
The passing of the 2024 Act to raise the age of consent to 18 was celebrated by many. This ruling on the age of sexual consent also opened the discussion on access to safe abortion for girls below the age of 18. After all, young girls under 18 do still have sex and can fall pregnant. There was a concern that the ruling may affect girls’ access to contraception and abortion services if they are under 18. Therefore, one women’s rights organisation, Women and Law in Southern Africa, took this case to the High Court in 2024.
Young women’s right to safe abortion is being fought for in Zimbabwe.
The High Court ruled that a law denying access to legal abortion for children under 18 and married women raped by their husbands is unconstitutional. The ruling is now subject to confirmation by the Constitutional Court before it becomes effective.
Currently, the court ruling has opened space for more debate in order to amend or review the current Termination of Pregnancy Act from 1977. It must be amended. The Act allows termination in only three circumstances: if the pregnancy endangers the woman’s life, if there were a serious risk the child would suffer permanent physical or mental defects, or if the pregnancy resulted from rape (excluding marital rape). Zimbabwe has also put in place a post-abortion programme where women who had abortions, even unsafe abortions, can access care. This is not comprehensive enough. At the very least, it should also allow all adolescents to access abortion safely.
Women’s and human rights organisations like mine have been advocating for the review of the Termination of Pregnancy Act.
Women’s rights organisations have raised awareness on the need for policy change when it comes to safe abortion and post-abortion care. We have sensitised communities on the shortcomings of the law on abortion. With the recent judgement, Zimbabweans are on edge about how the abortion agenda will proceed. We are not sure what will happen if the High Court ruling is not confirmed by the constitutional court, but there is a strong feeling that now is the time to act. We have an opportunity to at least advocate for the right of girls under 18 to be included in legal provisions. After all, there is overwhelming evidence showing that young people are having sex and some of them are falling pregnant. Young women under 24 make up 25% of maternal deaths, with unsafe abortion being a huge part of this.
I call upon our members of parliament to demand access to safe abortion for girls and young women.
I recently attended a meeting about the Termination of Pregnancy Act and its shortcomings and I am encouraged by the fact that members of parliament are starting to come together to discuss a way forward. However, I am disturbed by the lack of consensus among these lawmakers.
Parliamentarians should sensitise people in their constituencies so that they understand abortion issues and can contribute to public hearings when the Termination of Pregnancy Act is being reviewed.
Civil society should be able to engage the Ministry of Finance and show them that it is cheaper to offer a safe abortion service than post-abortion care. Evidence on this was brought up by a study done in Zambia which revealed that post abortion care costs 2.5 times more than safe abortion. The Ministry of Health and Child Care should also be engaged so that they support the review of this old law that no longer serves women and girls in Zimbabwe.
Our message to these politicians is that “Abortion is health care.”
By Edinah Masiyiwa, Director of SAAF grantee partner Women’s Action Group Zimbabwe.