Tadala Zindawa, a 21-year-old from Tata village in Lilongwe, faced a dire situation when she became pregnant while still in secondary school. Fearing her parents’ disapproval and constrained by Malawi’s strict abortion laws, she resorted to unsafe methods using Aloe Vera and Surf Soap to terminate the pregnancy. The procedure failed and resulted in severe pain and heavy bleeding. Tadala survived after receiving post-abortion care, but like many women in Malawi, she carries lasting physical and psychological scars.
Each year, hundreds of women and girls in Malawi die or suffer injuries due to pregnancy and childbirth complications. According to the Malawi Ministry of Health and the Guttmacher Institute, around 141,000 abortions occur annually in the country, with the majority being unsafe and contributing to 6–18% of maternal deaths. Preventing these deaths through timely access to care is increasingly recognized not only as a public health concern but as a human rights imperative. In October 2025, the Human Rights Council adopted Resolution A/HRC/60/L.20/Rev.1, linking maternal health to rights such as life, health, equality, and non-discrimination. The resolution calls on states to remove legal, structural, and social barriers that deny women access to life-saving sexual and reproductive health services, combat gender stereotypes, and ensure comprehensive sexuality education.
Despite these global commitments, Malawi’s laws remain highly restrictive. The country’s abortion law, inherited from colonial legislation and codified in the Penal Code (Cap. 7:01), allows abortion only to save the life of the mother, with no exceptions for rape, incest, or severe fetal anomaly. This framework violates international standards, including the African Commission on Human and Peoples’ Rights’ General Comment No. 2 under the Maputo Protocol, which recognizes women’s rights to medical abortion in cases of sexual assault, rape, incest, or life-threatening pregnancies. As a result, many women and girls, like Tadala, resort to unsafe and clandestine procedures. Fear of legal consequences often prevents them from seeking post-abortion care, even though it is legally protected under the Gender Equality Act No. 3 of 2013.
Recent legal developments highlight the gap between law and practice. On 28 October 2025, the High Court of Malawi ruled that denying a 14-year-old rape survivor access to a safe abortion violated her rights to sexual and reproductive health under the Gender Equality Act. Yet, legislative reform remains stalled. For nearly a decade, advocates and civil society organizations have pushed for the Termination of Pregnancy Bill, which would expand access to abortion in cases of rape, incest, and severe fetal anomaly. Political hesitation, moral panic, and public opposition fueled by misinformation and religious rhetoric continue to block progress, with devastating consequences for women and girls.
Pregnancy complications remain the leading cause of death among girls aged 15–19 worldwide, and adolescent pregnancies in Malawi are linked to higher risks of obstetric complications, school dropout, and social exclusion. Denial of sexual and reproductive health services perpetuates gender inequality and breaches Malawi’s obligations under international treaties, including CEDAW, the CRC, and the Maputo Protocol. Every maternal death and injury from preventable causes constitutes a violation of the right to life, and each unsafe abortion reflects systemic injustice. Immediate action is essential, as continued inaction translates directly into lives lost, injuries endured, and futures denied.
