Nyale Institute Applauds High Court Ruling Granting Girls the Right to Access Abortion
The Nyale Institute for Sexual and Reproductive Health Governance, a reproductive health rights lobby group, has applauded a recent High Court ruling that grants girls the right to consent to terminate a pregnancy.
The case involved a 14-year-old girl who had been defiled and impregnated, pitted against the Ministry of Health and other respondents. The court ruled that denying her access to abortion violated her rights under Malawi’s Gender Equality Act and the Constitution.
In a statement signed by Dr. Godfrey Kangaude, Executive Director of the Institute, the ruling is described as “progressive,” noting that the court appropriately refrained from ruling on religious or moral dimensions.
“If judges were to apply personal or religious beliefs, the justice system would descend into inconsistency and chaos,” the statement reads.
Dr. Kangaude urges the judiciary to continue applying the law impartially and calls on the court to address specific legal questions regarding survivors’ rights to abortion. He also appeals to legislators to ensure that Malawi’s abortion laws strike a balance between access to healthcare and respect for freedom of conscience.
“No one should be forced to provide or undergo an abortion against their beliefs, just as no one should be denied essential care when the law entitles them to it,” he says.
Dr. Kangaude adds that the ruling highlights the need for dialogue and mutual respect in a country where views on abortion remain deeply divided.
